This Mobile Application End User License Agreement ("Agreement") is a binding agreement between you (and any other entity on whose behalf you accept these terms) (collectively, "End User" or "you") and The Independent Liquor Group Distribution Co-operative Ltd ABN 70 252 541 400 ("Co-operative"). This Agreement governs your use of the ILG mobile application for Apple iOS or Android operating systems (including all related documentation, manual(s), files, electronic or online materials and any copies thereof, collectively the "Application").
By downloading/installing/using the Application, you:
If you do not agree to these terms, do not download, install or use the Application.
Subject to the terms of this Agreement, Co-operative grants you a limited, non-exclusive and non-transferable license to download, install and use the Application for your personal, non- commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device").
The Co-operative reserves the right to modify this Agreement at any time and for any reason. The Co-operative will post the most current version of this Agreement at https://supercellars.com.au/Home/MobileAppEULA. If the Co-operative makes material changes to this Agreement, you will receive a notification via the Application.
You are responsible for complying with the updated terms posted online at the Co-operative’s website even if these updated terms appear online on the Co-operative’s website before being posted on the App/Home/MobileAppEULAlication. Your continued use of the Application after the Co-operative publishes notice of changes to this Agreement indicates your consent to the updated terms.
You agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Co-operative and its licensors and service providers reserve and will retain their entire right, title and interest in and to the Application, including copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
You acknowledge that when you download, install or use the Application, Co-operative may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application.
You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others.
All information that is collected through or in connection with this Application is subject to the Privacy Policy of The Independent Liquor Group Distribution Co-Operative Ltd ABN 70 252 541 400 accessible at: https://ilg.com.au/privacy-policy/.
By downloading, installing, using and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You can review your account notification settings and adjust your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through the ‘Push Notifications’ section of the Application settings.
Co-operative may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality.
You should promptly download and install all Updates and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
The term of this Agreement commences when you download, install or otherwise use the Application and will continue in effect until terminated by you or Co-operative as set forth in this clause 8.
You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
Co-operative may terminate this Agreement at any time without notice if it ceases to support the Application, which Co-operative may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you attempt to circumvent any technical protection measures used in connection with the Application or violate any of the terms and conditions of this Agreement.
Termination will not limit any of Co-operative's rights or remedies at law or in equity.
The Application is provided to licensee ‘as is’ and with all faults and defects without warranty of any kind. to the maximum extent permitted under applicable law, Co-operative, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. without limitation to the foregoing, Co-operative provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, Applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
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