Sam Petherbridge

Media Calculator - Legal Information

https://peth.me/projects/media-calculator/legal/


End User License Agreement

Privacy Policy

Unsolicited Idea Submission Policy

End User License Agreement

This END USER LICENCE AGREEMENT IS A LEGAL AGREEMENT between you (either an individual or an entity) and Peth Pty Ltd (ACN 652727136).

1. Definitions and interpretation

(a) Definitions

In this Agreement (including the recitals) unless the context otherwise requires: Agreement means this agreement and its schedule;

Product means Meda Calculator, the iPhone application with media related calculators;

Terms means the terms and conditions of this Agreement.

(b) Interpretation

In this Agreement unless the context otherwise requires:

(i) headings are for convenience only and do not affect its interpretation and construction;

(ii) the singular includes the plural and vice versa;

(iii) words importing a gender include other genders;

(iv) where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;

(v) a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;

(vi) “includes” is not a word of limitation;

(vii) a reference to any thing is a reference to the whole and each part of it;

(viii) a reference to a group of persons is a reference to all of them collectively and to each of them individually; and

(ix) a reference to a document includes all amendments or supplements to, or replacements or novation of, that document.

2. Acceptance

(a) This Agreement is between you and the Licensor, and governs the Products made available to you.

(b) Upon:

(i) selecting the ‘Accept’ option;

(ii) payment of the license fee for the Product at the point of purchasing the licence for the Product; or

(iii) upon downloading, installing or using the Product (whichever comes first),

you are granted a revocable, non-transferable, non-exclusive and limited licence (“Licence”) strictly in accordance with the Terms of this Agreement.

If you do not agree to the Terms of this Agreement, you must not install, use, or copy the Product.

3. License grant

(a) This Agreement entitles you to

(i) install and use the Product by an Apple ID; or

(ii) install and use the Product by members granted accesss via family sharing; or

(iii) install and make an archival copy of the Product on a storage medium other than a hard drive, and may only be used for the reinstallation of the Product.

(b) This Agreement does not permit the installation of the Product

(i) on more than one computer at any given time;

(ii) on a system that allows shared use of applications;

(iii) on a multi-user network; or

(iv) on any configuration or system of computers that allow multiple users

unless you have a license for each separate computer on which the product is installed and run.

4. Limitations

(a) Limitations on transfer

You may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Products.

(b) Limitations on use You may not:

(i) share the Licence, or contents of the Product, with others;

(ii) copy, install or use the Product on any system with more than one computer; or

(iii) permit the use, copying or installation of the Product by more than one user or on more than one computer.

unless you hold multiple, validly, licensed copies.

You may not:

(iv) decompile, “reverse engineer”, disassemble, or otherwise attempt to derive the source code for the Product;

(v) broadcast, transmit or otherwise display in a public forum or any venue not restricted to you, the Product or any part of the product

(vi) post the Product or part of the Product on any website; or

(vii) use the Product for commercial purposes.

(c) Limitations on derived works

You may not modify the Product, create derivative works based upon the Product, or use the Product to develop any product having the same primary function as the Product.

(d) Limitations on alteration You may not:

(i) modify the Product or create any derivative work of the Product or its accompanying documentation. Derivative works include but are not limited to translations; or

(ii) alter any files or libraries in any portion of the Product.

(e) Limitations on copying

You may not copy any part of the product except to the extent that the licensed use inherently demands the creation of a temporary copy stored in the computer memory and not permanently affixed on storage medium.

5. Ownership

Peth Pty Ltd or its subsidiaries, affiliates, and suppliers retain all rights, title and interest, including all copyright and intellectual property rights, in and to, the Product and all copies thereof.

6. Warranties and exclusions

(a) Provisions of the Competition and Consumer Act 2010 and other laws in force from time to time in Australia may imply guarantees, warranties, conditions, and impose obligations on Peth Pty Ltd and its subsidiaries, affiliates, and suppliers (“Implied Terms “). If these Implied Terms apply, Peth Pty Ltd’s liability will be limited at its option to resupply, repair or replacement of the Product or the cost of such resupply, repair or replacement, to the extent permitted by law.

(b) Unless otherwise explicitly agreed to in writing by Peth Pty Ltd, subject to the Implied Terms, all representations, guarantees, conditions and warranties of any nature are expressly excluded.

(c) Nothing in this clause excludes, restricts or modifies your rights under an Implied Term.

7. Exclusion of damages

Subject to any Implied Term, Peth Pty Ltd, its directors, officers, employees, or agents will not be liable to you or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including lost of revenues or profits or loss of business) arising in connection with these Terms, the Product, any software for the Product or any support services for the Product, whether based on contract, tort, statute, or any other legal theory.

8. Limitation of liability and remedies

To the extent that the applicable jurisdiction limits Peth Pty Ltd’s ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.

9. Licensee indemnity

You will indemnify Peth Pty Ltd, its directors, officers, employees, agents and contractors in full against any liability, loss, damages, costs and expenses as a result of or in connection with your use of the Product, including but not limited to, any modification by you of the Product which causes the Product to infringe the intellectual property rights of a third party.

10. Variation of Terms

Peth Pty Ltd reserves the right to amend these Terms from time to time without notice to you and you will be subject to the Terms in force at the time you purchase the Licence for the Product or download the Product whichever is applicable.

11. Termination

Without prejudice to any other rights, Peth Pty Ltd may terminate this Agreement immediately and without further notice if you fail to comply with the Terms of this Agreement. In such event, you must destroy all copies of the Product.

12. General provisions

(a) Any provision of, or the application of any provision of this Agreement, which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

(b) Any provision of, or the application of any provision of this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

(c) The failure, delay, relaxation or indulgence on the part of a part in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right, or remedy.

(d) This Agreement contains the entire Agreement between the Parties and supersedes any previous understandings, commitments or agreements, oral or written.

(e) If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.

(f) This Agreement shall be governed by and construed in accordance with the laws of Queensland, Australia.

Privacy

1. We respect your privacy

(a) Peth Pty Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out how we collect and treat your personal information.

(b) We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and to the extent applicable, the EU General Data Protection Regulation (GDPR).

(c) “Personal information” is information we hold which is identifiable as being about you. This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.

(d) You may contact us in writing at PO Box 19, Toowong DC, Queensland, 4066 Australia for further information about this Privacy Policy.

2. What personal information is collected

(a) Peth Pty Ltd will, from time to time, receive and store personal information you submit to our website, provided to us directly or given to us in other forms.

(b) You may provide basic information such as your name, phone number, address and email address to enable us to send you information, provide updates and process your product or service order.

(c) We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.

(d) Additionally, we may also collect any other information you provide while interacting with us.

3. How we collect your personal information

(a) Peth Pty Ltd collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we engage in business activities with you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

(b) By providing us with personal information, you consent to the supply of that information subject to the terms of this Privacy Policy.

4. How we use your personal information

(a) Peth Pty Ltd may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available to you.

(b) Peth Pty Ltd will use personal information only for the purposes that you consent to. This may include to:

(i) provide you with products and services during the usual course of our business activities;

(ii) administer our business activities;

(iii) manage, research and develop our products and services;

(iv) provide you with information about our products and services;

(v) communicate with you by a variety of measures including, but not limited to, by telephone, email, sms or mail; and

(vi) investigate any complaints.

If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.

(c) We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.

(d) If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.

5. Disclosure of your personal information

(a) Peth Pty Ltd may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.

(b) If we do disclose your personal information to a third party, we will protect it in accordance with this privacy policy.

6. General Data Protection Regulation (GDPR) for the European Union (EU)

(a) Peth Pty Ltd will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use.

(b) We process your personal information as a Processor and/or to the extent that we are a Controller as defined in the GDPR.

(c) We must establish a lawful basis for processing your personal information. The legal basis for which we collect your personal information depends on the data that we collect and how we use it.

(d) We will only collect your personal information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.

(e) We will also process your personal information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.

(f) We process your personal information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.

(g) We do not collect or process any personal information from you that is considered “Sensitive Personal Information” under the GDPR, such as personal information relating to your sexual orientation or ethnic origin unless we have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.

(h) You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the personal information of children.

7. Your rights under the GDPR

(a) If you are an individual residing in the EU, you have certain rights as to how your personal information is obtained and used. Peth Pty Ltd complies with your rights under the GDPR as to how your personal information is used and controlled if you are an individual residing in the EU

(b) Except as otherwise provided in the GDPR, you have the following rights: (i) to be informed how your personal information is being used;

(ii) access your personal information (we will provide you with a free copy of it);

(iii) to correct your personal information if it is inaccurate or incomplete;

(iv) to delete your personal information (also known as “the right to be forgotten”);

(v) to restrict processing of your personal information;

(vi) to retain and reuse your personal information for your own purposes;

(vii) to object to your personal information being used; and

(viii) to object against automated decision making and profiling.

(c) Please contact us at any time to exercise your rights under the GDPR at the contact details in this Privacy Policy.

(d) We may ask you to verify your identity before acting on any of your requests.

8. Hosting and International Data Transfers

(a) Information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia. These may include, but are not limited to Australia, United States.

(b) We and our other group companies have offices and/or facilities in Australia, United States. Transfers to each of these countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Peth Pty Ltd’s Data Protection Officer.

(c) The hosting facilities for our website are situated in Australia, United States. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Peth Pty Ltd’s Data Protection Officer.

(d) Our Suppliers and Contractors are situated in Australia, United States. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Peth Pty Ltd’s Data Protection Officer.

(e) You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

9. Security of your personal information

(a) Peth Pty Ltd is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

(b) Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.

(c) The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

10. Access to your personal information

(a) You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent applicable the EU GDPR. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at [email protected].

(b) We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act or any other applicable law.

11. Complaints about privacy

(a) If you have any complaints about our privacy practices, please feel free to send in details of your complaints to [email protected]. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

12. Changes to Privacy Policy

(a) Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

Unsolicited Idea Submission Policy

We acknowledge that the best apps can only be made with consistant communication and feedback from our customers. We must make it clear that any product ideas, feedback or simmlar communication submitted to Peth Pty Ltd, either by word or mouth, email, telephone or other means immediately becomes the property of Peth Pty Ltd. This means that if we develop your idea or an idea similar to yours, you will not be compensated and it also means that we can use the idea for any purpose, including giving it away.

© 2011-2021 Sam Petherbridge