Effective as of 01/10/2024 this Agreement governs your use of the Wini application, software, their associated upgrades, patches, and updates and related services (the Product).

 

• This Product is provided by WINI.

• The Agreement sets out the basis on which WINI makes the Product available to you (user or you) and on which You may use them. 

• WINI reserves the right to change, modify, add or delete articles in this Agreement at any time.

• By using the Product or any ancillary product provided by WINI, you agree to be bound to this Agreement.

• No information provided by WINI or the Product is a substitute for advice from a medical professional.

• You agree that the service will be delivered in a safe environment where the participant has adequate access to an appropriate emergency response in the event that medical care is required.

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1. Grant of license

WINI grants you a non-exclusive, non-transferable, non-sublicensable, non-commercial and personal license to use the Product (in whole or in part) and any Product (the License), for such time until either you or WINI terminates this agreement.

You shall not, directly or indirectly:

• sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially;

• reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product, in whole or in part;

• remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product; and 

• export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.

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While using the Product, you agree to comply will all applicable laws, rules and regulations.

You may not:

• create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);

• modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product;

• transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product;

• create, supply or use alternative methods of using the Products.

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2. Intellectual property rights

All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code, including but not limited to the “look and feel”, layout, design, structure, colour scheme, selection, combination and arrangement of the Product present is owned by or licensed to you. All content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.

Except with WINI's express written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Product (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose.

3. Disclaimer, and limitation of liability

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• You agree that use of the product is at your sole risk. WINI, its affiliates and any of their respective employees, agents, third party content providers, third-party service providers or licensors do not warrant that use of the product will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the product, nor as to the accuracy, reliability or content of any information, service, or merchandise provided through the product.

• The product is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these terms.

• To the fullest extent permissible by applicable law, in no event shall WINI, or its future parent or affiliated companies, be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the product or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the products, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the product. You agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behaviour, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if WINI or future parent or affiliated companies have been advised of the possibility of such loss or damage. Without limiting the generality of the foregoing, you also specifically acknowledge that WINI or future parent or affiliated companies are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the product or any other third parties.

• If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

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4. Indemnification

 

• You agree to defend, indemnify and hold harmless WINI, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of the use of the Product by you.

• WINI reserves the right to take over the exclusive defence of any claim for which they are entitled to indemnification under this section. In such event, you shall provide WINI with such cooperation as is reasonably requested by the WINI.

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5. Termination

WINI may terminate or suspend these Terms at any time without notice to you. WINI may immediately terminate your access to the Product. All other terms shall survive termination of this Agreement.

6. Miscellaneous

This Agreement is governed by the laws of New South Wales Australia.