IMPORTANT: PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE USING THIS APPLICATION.
This End-User License Agreement (“EULA”) is a legal agreement between you (the “End-User”) and The C4C-Club Inc. (“the Company”) for the use of the [Your App Name] mobile application (the “Application”).
1. Acknowledgement
You and the End-User must acknowledge that this EULA is concluded between you and the End-User only, and not with Apple Inc. (“Apple”). You, not Apple, are solely responsible for the Application and its content. This EULA may not provide for usage rules that conflict with the Apple Media Services Terms and Conditions as of the Effective Date, which you acknowledge you have had the opportunity to review.
2. Scope of License
The license granted to the End-User for the Application is limited to a non-transferable license to use the Application on any Apple-branded products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3. Maintenance and Support
The Company is solely responsible for providing any maintenance and support services with respect to the Application as specified in this EULA or as required under applicable law. You and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
4. Warranty
The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. This EULA provides that, in the event of any failure of the Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Application to the End-User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility.
5. Product Claims
The Company acknowledges that it is responsible for addressing any claims of the End-User or any third party relating to the Application or the End-User’s possession and use of the Application, including product liability claims, claims that the Application fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application’s use of the HealthKit and HomeKit frameworks. This EULA may not limit the Company’s liability to the End-User beyond what is permitted by applicable law.
6. Intellectual Property Rights
The Company acknowledges that, in the event of any third-party claim that the Application or the End-User’s possession and use of the Application infringes a third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.
7. Legal Compliance
The End-User represents and warrants that they are not located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country. The End-User also represents and warrants that they are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address
The Company’s name and address, as well as contact information (telephone number; email address), to which any End-User questions, complaints, or claims with respect to the Application should be directed, are as follows:
The C4C-Club INc.
46 Wandi Drive, Wandi, Western Australia 6167
+61.448803989
registrar@the-c4c.club
9. Third-Party Terms of Agreement
The End-User must comply with applicable third-party terms of agreement when using the Application. For example, if the Application is a VoIP application, the End-User must not be in violation of their wireless data service agreement when using the Application.
10. Third Party Beneficiary
The Company and the End-User acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA. Upon the End-User’s acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against the End-User as a third-party beneficiary thereof.
By using the Application, the End-User agrees to be bound by the terms of this EULA.
Last updated: 27th October 2023
