MOBILE APPLICATION END-USER LICENSE AGREEMENT (EULA)
PLEASE READ THIS MOBILE APPLICATION END-USER LICENSE AGREEMENT (“EULA AGREEMENT”) CAREFULLY, BEFORE COMPLETING THE DOWNLOAD OR INSTALLATION PROCESS OR USING THE APPLICATION, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: 2022-02-14
This EULA agreement is a binding agreement, entered into by and between B MiDate, registered address Building 4, Suite 30, 195 Wellington Road Clayton, VIC 3168, Australia (“B MiDate”) and you, and is made effective as of the date you download, install or use the Application B MiDate or from the date of your electronic acceptance.
This EULA agreement sets forth the general terms and conditions of your use of the Application, provides a license to use B MiDate App and contains liability disclaimers. This EULA agreement’s terms also apply to any Application update, upgrade, internet-based service, and support service for the Application. Whether you are acquiring Application directly from B MiDate or through B MiDate authorized reseller your electronic acceptance of this EULA agreement signifies that you have read, understand, acknowledge, and agree to be bound by this EULA agreement.
The terms “we”, “us” or “our” shall refer to B MiDate. The terms “you”, “your”, or “User” shall refer to any individual or entity who accepts this EULA agreement, use our Application or has access to our Application.
B MiDate may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting. Your use of this Application after such changes or modifications have been made shall constitute your acceptance of this EULA agreement as last revised.
BY DOWNLOADING /INSTALLING /USING THE APPLICATION YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA AGREEMENT AS LAST REVISED, DO NOT DOWNLOAD, INSTALL, USE (OR CONTINUE TO USE) OUR APPLICATION.
Our Application is available only to Users who can form legally binding contracts under the applicable law. By downloading or using this Application, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or using the Application under the laws of Australia, the U.S., India, Canada, U.K., Japan, Nepal or other applicable jurisdiction.
If you are entering into this EULA agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this EULA agreement, in which case the terms “you”, “your”, or “User” shall refer to such corporate entity. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Application, and you must not accept this EULA agreement. If, after your electronic acceptance of this Agreement, B MiDate finds that you do not have the legal authority to bind such a corporate entity, you will be personally responsible for the obligations contained in this EULA agreement.
Subject to the terms of this EULA Agreement B MiDate hereby grants you a personal, revocable, worldwide, non-exclusive, non-sublicensable, and non-transferable license to use the B MiDate App on your own, non-commercial use devices in accordance with the terms of this EULA agreement. The Application is being licensed to you and you hereby acknowledge that no title or ownership of the Application is being transferred or assigned to you and this EULA agreement is not to be construed as a sale of any rights of the Application.
You are permitted to load the B MiDate App (for example on a mobile, tablet or laptop) under your control. You are responsible for ensuring your device meets the minimum requirements of the B MiDate App.
Without first obtaining the express written consent of B MiDate, you may not assign your rights and obligations under this EULA agreement, or redistribute, encumber, sell, rent, lease, sublicense or in other way transfer your rights to the Application.
You are not permitted to:
B MiDate reserves the right to determine in its sole discretion what kind of conduct is considered to be in violation of the terms of this EULA agreement.
By using our Application you acknowledge and agree that your use of the Application, including any content you submit, will comply with this EULA agreement and all applicable local, state, national and international laws, rules, and regulations.
No part of this EULA agreement is or should be interpreted as a transfer of intellectual property rights. B MiDate shall retain ownership of the Application as originally downloaded by you and all subsequent downloads of the Application by you. The Application (and the copyright, and other intellectual property rights of whatever nature in the Application, including any modifications made thereto) are and shall remain the property of B MiDate.
In addition to the general rules above, the provisions in this Section apply specifically to your use of B MiDate content used in the Application (B MiDate content). B MiDate content used in this Application, including without limitation the text, scripts, source code, API, graphics, photos, sounds, music, videos, and interactive features and the trademarks, service marks, and logos contained therein, are owned by or licensed to B MiDate in perpetuity, and are subject to copyright, trademark, and/or patent protection.
B MiDate content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of B MiDate. No right or license under any copyright, trademark, patent or other proprietary right or license is granted by this EULA agreement.
B MiDate may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, 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 agree that B MiDate has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
You shall promptly download and install all Updates and acknowledge 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 Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that B MiDate is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. B MiDate does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties terms and conditions.
With Respect to User Submissions, you acknowledge and agree that:
B MiDate shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions provided to the B MiDate and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to or through the Software for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
The following applies to the Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
Unless otherwise explicitly agreed to in writing by B MiDate, the application is provided “as is”, “as available” and “with all faults” and defects and B MiDate, makes no other warranties, express or implied, in fact, or in law, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose and non-infringement, other than as set forth in this EULA agreement.
B MiDate makes no warranties about (i) the accuracy, completeness, or content on this application and assumes no liability or responsibility for the same. B MiDate makes no warranties that the operation of the application will be secure, error-free, or free from interruption.
No oral or written advice provided by B MiDate or any authorized representative or third party shall create a warranty. 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.
The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this EULA agreement or your use of this site or the services found at this site.
To the fullest extent permissible by applicable law, in no event shall B MiDate, its officers, directors, employees, agents, and all third-party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any damages that may result from (i) this agreement, (ii) the accuracy, completeness, or content on this application, (iii) or from the furnishing, performance, installation, or use of the application, whether due to a breach of contract, breach of warranty, or the negligence of B MiDate or any other party, even if B MiDate is advised beforehand of the possibility of such damages.
Some jurisdictions do not allow a limitation of liability for death, personal injury, fraudulent misrepresentations or certain intentional or negligent acts, or violation of specific statutes, or the limitation of incidental or consequential damages, so some or all of the above limitations of liability may not apply to you. In no event shall B MiDate’s total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the application. This limitation applies, but it is not limited to anything related to the application, services, or content made available through the application. You agree that the provisions in this EULA agreement that limit liability are essential terms of this EULA agreement.
The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this EULA agreement.
You agree to protect, defend, indemnify and hold harmless B MiDate and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by B MiDate directly or indirectly arising from (i) your use of the Application; (ii) your violation of any provision of this Agreement; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary rights. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of Application.
Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Application on a 24/7 basis. You acknowledge and agree that from time to time this Application may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.
You acknowledge and agree that we have no control over the availability of this Application on a continuous or uninterrupted basis and that we assume no liability to you or any other party with regard thereto.
This EULA agreement is effective from the date you first download, install or use the Application and shall continue until terminated. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
This EULA agreement will also be terminated immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Application. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
B MiDate reserves the right to cease offering or providing the Application at any time, for any or no reason, and without prior notice. Although B MiDate makes a great effort to maximize the lifespan of the Application, it might be, that the Application we offer will be discontinued. If that is the case, this EULA agreement will be terminated, and the Application will no longer be supported by B MiDate.
Upon termination, all rights granted to you under this EULA agreement will also terminate and you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
B MiDate makes no representation or warranty that all the content available on this Application is appropriate in every country or jurisdiction and use of this Application from countries or jurisdictions where its content is illegal is prohibited. Users who choose to use this Software are responsible for compliance with all local laws, rules, and regulations.
This EULA agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Australia, the U.S., India, Canada, U.K., Japan, Nepal, to the exclusion of conflict of law rules.
The titles and headings of this EULA agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
Any cause of action or claim you may have to arise out of or relating to this agreement or the application must be commenced within one (1) year after the cause of action accrues otherwise such cause of action or claim is permanently barred.
Each covenant and agreement in this EULA agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this EULA agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this EULA agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
If you have any questions about this EULA agreement, please contact us by email or regular mail at the following address:
Building 4, Suite 30, 195 Wellington Road Clayton, VIC 3168