GradeProof Terms Of Service
Last updated on May 25, 2015
The GradeProof mobile application is operated by GradeProof Pty Ltd ACN: 604 347 659 ("GradeProof Pty Ltd", "GradeProof", "we", "us" and "our"). By accessing or using this application or any goods or services that are related or ancillary to this application, you agree to the Terms of Service set out below ("Terms of Service"). These Terms of Service apply to any person who uses this application and any content including data, images and any other material accessed, downloaded, uploaded, modified or used via, from or in connection with this application (referred to as "you", "your", and "users").
You acknowledge that these terms and conditions are concluded between You and GradeProof Pty Ltd and not with Apple Inc ("Apple") or any other third party. GradeProof Pty Ltd, and not apple, is solely responsible for this application and the content thereof. Usage rules for this application include those set out for Licensed Applications in Apple's App Store terms of service (which You acknowledge you have had the opportunity to review) as at the date of acceptance of these terms, as well as the additional Usage rules set out in this document.
2. Scope of Licence
The licence granted to You for this application is limited to a non-transferrable licence to use the application on any iPhone, iPod Touch or iPad that You operate to use or view this application. GradeProof Pty Ltd does not warrant that this application will function on any iPhone, iPod Touch or iPad device. This license does not allow You to use the Licensed Application on any iPod Touch, iPhone or iPad that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of GradeProof Pty Ltd and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by GradeProof Pty Ltd that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
3. Maintenance and Support
GradeProof Pty Ltd is solely responsible for providing any maintenance and support services with respect to the application, as specified in these terms and conditions, or as required under applicable law. You and GradeProof Pty Ltd acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this application.
GradeProof Pty Ltd is solely responsible for any product warranties, whether express or implied by law, to the effect not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for the Licensed Application to You; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.
5. Product Claims
You and GradeProof Pty Ltd acknowledge that GradeProof Pty Ltd, not apple or any other third party, are responsible for addressing any claims You or any third part relating to this application or your possession and/or use of this application, including, but not limited to: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These Terms Of Service may not limit GradeProof's liability to You beyond what is permitted by applicable law.
6. Intellectual Property Rights
You and GradeProof Pty Ltd acknowledge that, in the event of any third party claim that this application or your possession and use of this application infringes that third party's intellectual property rights, GradeProof Pty Ltd, not Apple or any other third party, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance and Service Usage
You must represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
You may not transmit any material on or through the GradeProof Services that (a) restricts any other user's enjoyment of the Site, (b) is unlawful, threatening, abusive, libelous, defamatory, pornographic, profane or otherwise offensive, (c) constitutes or encourages criminal conduct, gives rise to civil liability, or otherwise violates any law, (d) violates or infringes the rights of any third party including, without limitation, patent, copyright, trademark, privacy or any other proprietary right, (e) contains a virus or other harmful component, or (f) contains false or misleading indications of origin or statements of fact. GradeProof Pty Ltd reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, government request, court order, subpoena or other legal process, or to edit or remove any information, in whole or in part, that in GradeProofs' sole discretion is objectionable, disruptive to the Site or in violation of these Terms and Conditions. GradeProof reserves the right to immediately suspend your access to the Site in the event of any violation of this provision.
Our server API is not to be accessed from any other application or service other than those that have received specific written permission from GradeProof directly.
8. Service Quality
GradeProof makes absolutely no guarantee about the accuracy and/or quality of it's detection and rewriting systems. GradeProof searches, results, suggestions and other services are provided in an attempt to assist your writing process, and you are not to rely solely on the results of GradeProof searches as a measure of writing quality, or as an exhaustive list of changes and options.
You acknowledge that any plagiarism checking services are only able to detect publicly available online material, and that journals, books, magazines, and other online or offline content may not be able to be searched by GradeProof. You also acknowledge and agree that plagiarism searches may not detect all instances of content similarity, and that results may differ significantly from other plagiarism checking services. GradeProof does not make any guarantee about the extent of search results, and the Plagiarism Checking Service is only to be used as a tool to detect some of the possible matches. It is Your sole responsibility to ensure that your content does not infringe on the rights of any third party, and your are not permitted to use any feature of the GradeProof Service to infringe the rights of any third party.
9. Developer Name and Address
This application is operated and developed by GradeProof Pty Ltd ACN 604 347 659. If You have questions, complaints or claims with respect to this application, please contact us by email at enquiries AT gradeproof DOT com.
10. Third Party Beneficiary
You and GradeProof Pty Ltd acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these terms and conditions and that, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against You.
11. Consent to Use of Data
The license is effective until terminated by You or GradeProof Pty Ltd. Your rights under this license will terminate automatically without notice from GradeProof Pty Ltd if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
13. Services; Third Party Materials
The Licensed Application may enable access to GradeProof’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that GradeProof Pty Ltd shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that GradeProof Pty Ltd is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. GradeProof Pty Ltd does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that GradeProof Pty Ltd is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone or iPod touch are not available in all languages or in all countries. GradeProof Pty Ltd makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. GradeProof Pty Ltd, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will GradeProof Pty Ltd be liable for the removal of or disabling of access to any such Services. GradeProof Pty Ltd may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
The laws of the State of New South Wales, Australia, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
GradeProof Pty LtdACN: 604 347 659