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End User Licence Agreement

This Agreement is effective as of 01 April 2015.

Made Open Tasmania uses software provided by Made Open Communications Ltd.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. 

A FULL NON-LEGALLY BINDING DESCRIPTION OF THE SERVICES IS PROVIDED AT WWW.TASMANIA.MADEOPEN.COM.AU/HELP/SERVICE-DESCRIPTION.

This End User Licence Agreement (EULA) is a legal agreement between you (the End-user or you) and Made Open Communications Ltd, a company registered in England and Wales with company registration number 4309700, (the Licensor, us or we) for:

The application software known as Made Open (as defined within the Description of Services), including our various websites (including, without limitation, the services available at www.madeopen.co.uk), SMS, APIs, apps, plug-ins, email notifications, applications, buttons, widgets, adverts, and commerce services (Service); and;

Online content, including, without limitation, any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service such as Projects (as define within the Description of Services) and Pledges (as defined at clause 10) (Content). 

We licence use of the Service and Content to you on the basis of this EULA and subject to any rules or policies applied by us and/or any third party provider or operator. We do not sell the Service or Content to you. We remain the owners of the Service and Content at all times.

 

Operating system requirements:

The service requires a device running Internet Explorer (version 9 or higher) or the latest versions of Chrome, Safari, Firefox, Opera or similar. Internet access is required for the use of the Service. 

 

Important notice:

By using the Service from our website (or clicking on the "Accept" button if provided) you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, our Privacy Policy and limitations on liability in condition 6.

If you do not agree to the terms of this licence, we will not license the Service and Content to you and you must stop the process of using or accessing the Service. This may be done by clicking the “cancel” button where it is provided.

The Service and Content are made available to you free of charge and you may stop downloading, streaming, accessing or using the Service at any time. 

 

You should keep a copy of this EULA for future reference. 

Operative Provisions: 

1. Acknowledgements

1.1 The terms of this EULA apply to the Service or any of the additional services accessible to you through the Service (Additional Services), including any updates or supplements to the Service or any Additional Services, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Service or any Additional Services, the terms of an open-source licence may override some of the terms of this EULA.

1.2 You warrant that you are capable and entitled to enter this agreement and that entering into this agreement is separate to any other agreement you or your employer has entered into in relation to the Services.

1.3 We may change these terms at any time by notifying you that there has been a change when you next access the Service. A link to the new terms may be displayed on-screen and you should read and accept them before continuing to use the Service.

1.4 From time to time updates to the Service may be issued. Depending on the update, you may not be able to use the Service until you have updated software or hardware as required and accepted any new terms.

1.5 You will be assumed to have obtained permission from the owners of the devices (handheld or otherwise) that are controlled, but not owned, by you and described in condition 2.2.1 (Devices) to access the Service on the Devices. You and they may be charged by your and/or their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the Service or any Additional Services on or in relation to any Device, whether or not it is owned by you. 

1.6 The terms of our Privacy Policy from time to time available at www.tasmania.madeopen.com.au/help/privacy-policy (Privacy Policy) are incorporated into this EULA by reference and apply to the Services. Additionally, by using the Service or any Additional Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Service or any Additional Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.7 The terms of our Website Terms and Conditions of Use and Acceptable Use Policy from time to time, available at www.tasmania.madeopen.com.au/help/website-terms-of-use (Website Terms of Use) are incorporated into this EULA by reference and apply to the Services. Additionally, by using the Service or any Additional Services, you acknowledge and agree that you will adhere to the Acceptable Use Policy and understand that any Content generated by you may be amended or removed if it is deemed in breach of the Acceptable Use Policy. Breach of the Acceptable Use Policy allows us to terminate provision of the Service at any time without notice.

1.8 By using the Service or any of the Additional Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Service that are internet-based or wireless to improve our products and to provide the Service to you.

1.9 The Service may make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings on the Device. If you use our Service, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on your device.

1.10 The Service or any Additional Services may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them. 

 

2. Grant and scope of licence

2.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the Services on the Devices, subject to these terms, the Privacy Policy, the Acceptable Use Policy and any other terms notified to you from time to time, incorporated into this EULA by reference. We reserve all other rights.

2.2 You may:

2.2.1 access the Service on Devices to view, use and display the Service on the Devices for your personal purposes only; and

2.2.2 use the Content for your personal purposes only.

2.3 Except as expressly set out in this EULA or as permitted by any local law, you must not:

2.3.1 copy the Service or Content except where such copying is incidental to normal use of the Service, or where it is necessary for the purpose of back-up or operational security;

2.3.2 rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Service or Content;

2.3.3 make alterations to, or modifications of, the whole or any part of the Service or Content, or permit the Service or any part of it to be combined with, or become incorporated in, any other programs;

2.3.4 disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Service or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Service with another software program, and provided that the information obtained by you during such activities: 

(a) is used only for the purpose of achieving inter-operability of the Service with another software program;

(b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

(c) is not used to create any software that is substantially similar to the Service;

2.3.5 provide or otherwise make available the Service in whole or in part (including object and source code), in any form to any person without prior written consent from us;

2.3.6 use the credentials of any other person or entity to access the Service or Additional Services.

2.4 Except as expressly set out in this EULA or as permitted by any local law, you must:

2.4.1 keep all copies of the Service secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Service;

2.4.2 include our copyright notice on all entire and partial copies you make of the Service on any medium;

2.4.3 if issued with details, such as user account details and passwords, keep this information confidential;

2.4.4 comply with all technology control or export laws and regulations that apply to the technology used or supported by the Service or any Additional Services (Technology); 

2.4.5 provide us with an irrevocable, perpetual, world-wide and royalty free licence to display Content on the systems of third parties; and

2.4.6 ensure that where Content or the Service is used on third party systems you have the appropriate licence from the third party for such use.

 

3. Acceptable use 

3.1 You must: 

3.1.1 not use the Service or any Additional Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service, any Additional Services or any operating system;

3.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the Service or any Additional Services, including the submission of any material (to the extent that such use is not licensed by this EULA);

3.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service or any Additional Services;

3.1.4 not use the Service or any Additional Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; 

3.1.5 not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;

3.1.6 adhere to the Acceptable Use Policy as provided to you from time to time. 

3.2 You warrant that all information provided to us during registration for or use of the Service is true and accurate in all respects and that you will keep all provided information up to date. 

 

4. Intellectual property rights

4.1 You acknowledge that all intellectual property rights in the Service, the Content and the Technology anywhere in the world belong to us or our licensors, that rights in the Service are licensed (not sold) to you, and that you have no rights in, or to, the Service, the Content or the Technology other than the right to use each of them in accordance with the terms of this EULA.

4.2 You acknowledge that you have no right to have access to the Service in source-code form.

 

5. Warranty

We do not warrant this software to any extent other than any statutory legal rights you may have in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

 

6. Limitation of liability

6.1 You acknowledge that the Service has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Service as described in the Content meet your requirements.

6.2 You agree not to use the Service and Content for any resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

6.3 Nothing in this EULA shall limit or exclude our liability for:

6.3.1 death or personal injury resulting from our negligence;

6.3.2 fraud or fraudulent misrepresentation; and

6.3.3 any other liability that cannot be excluded or limited by English law.

 

7. Termination

7.1 We may terminate this EULA immediately by written notice to you:

7.1.1 if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;

7.1.2 if you breach any of the terms in clause 2 (Licence) or clause 3 (Acceptable Use); and

7.1.3 if we terminate, novate or assign any licence or agreement relating to the Technology.

7.2 On termination for any reason:

7.2.1 all rights granted to you under this EULA shall cease;

7.2.2 you must immediately cease all activities authorised by this EULA, including your use of any Service; 

7.2.3 you must immediately delete or remove the Service from all Devices, and immediately destroy all copies of the Service and Content then in your possession, custody or control and certify to us that you have done so; 

7.2.4 we may remotely access the Devices and remove the Service from all of them and cease providing you with access to the Service; and

7.2.5 any donations made through the Service will be administered and will not be refunded.

 

8. Communication

8.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail: hello@madeopen.co.uk. We will confirm receipt of this by contacting you in writing, normally by e-mail. 

8.2 If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your request for the Service.

 

9. Events outside our control

9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).

9.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

 

10. Pledge

10.1 Through the use of the Service you may promise to make a fiscal donation to a Project (as defined in our Description of Services http://www.tasmania.madeopen.com.au/help/service-description) or promise to offer your services to that Project as a volunteer / timebanker or to offer material items to that Project. For the purposes of this agreement all the aforementioned interactions shall be described as a Pledge.

10.2 We will use our commercially reasonable endeavours to apply financial Pledges made through the Service to the Project indicated at the point of donation less a percentage of the Pledge which includes the fees of third parties.

10.3 If you receive a Pledge through the Service no guarantee is made that you will receive the entire Pledge. For financial Pledges, a percentage of the Pledge and other fixed fees will be deducted by us and by third parties. The current percentages and fees deducted from fiscal pledges can be found here www.tasmania.madeopen.com.au/help/faq under the question 'Will I get charged for pledging money?'.

10.4 Where you have indicated that Gift Aid is application to your Pledge, any funds received by way of Gift Aid shall be administered as per this clause 10. 

10.5 We may, acting in our sole discretion and in circumstances where we deem it appropriate, issue refunds of all or part of fiscal Pledges made via the Services. 

 

11. Other important terms

11.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA. 

11.2 You may not transfer your rights or obligations under this EULA.

11.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 

11.4 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words. 

11.5 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 

11.6 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.