In this licence agreement, unless the context otherwise requires:
(a) Commencement Date means the date the User clicks the ‘I accept’ button or otherwise confirms the User’s acceptance of this licence agreement electronically.
(b) Consequential Loss means:
(i) any form of indirect, special or consequential loss, including loss of reputation, loss of profits, loss of actual or anticipated savings, loss of bargain and loss of opportunity; and
(ii) any loss beyond the normal measure of damages.
(c) Device has the meaning given to it in the Google Play Developer Distribution Agreement.
(d) Documentation means any manuals, guides, reference materials or other similar documents in any form made available by Equipsuper to the User in connection with the Equipsuper Application.
(e) Equipsuper means Togethr Trustees Pty Ltd ABN 64 006 964 049, AFSL 246383, Togethr is the trustee of the Equipsuper Superannuation Fund ABN 33 813 823 017 of Level 12 330 Collins St, Melbourne Vic 3001.
(f) Equipsuper Application means the online application that enables users to access the Equipsuper website (www.equipsuper.superfacts.com) from a handheld mobile device pursuant to this licence agreement.
(g) Google means Google LLC, a Delaware limited liability company with its principal place of business at 1600 Amphitheatre Parkway, Mountain View, California 94043, U.S.A.
(h) Google Play means the digital distribution platform operated by Google for applications for the Android operating system.
(i) Intellectual Property includes all patents, designs, copyright, trade marks or circuit layout rights and any right to apply for the registration or grant of any of the above.
(j) Loss means any loss, liability, cost, claim, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and whether direct loss or Consequential Loss.
(k) Permitted Purpose means accessing and using the Equipsuper Application in accordance with this licence agreement, the User Terms and in accordance with and as permitted by the usage rules set out in the Google Play Terms of Service.
(l) Term means has the meaning given in clause 6.1 of this licence agreement.
(m) Third Party Application means any product, service, system, application or internet site that is integrated or interfaced with the Equipsuper Application or otherwise interacts with the Equipsuper Application and that is owned or operated by a third party.
(n) User means the person who downloads the Equipsuper Application and who enters into this licence agreement.
In this licence agreement, headings are inserted for convenience only and do not affect the interpretation of this licence agreement and, unless the context otherwise requires:
(a) the singular includes the plural and vice versa;
(b) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(c) the meaning of general words is not limited by specific examples introduced by ‘includes’, ‘including’, ‘for example’, ‘such as’ or similar expressions;
(d) a reference to a person includes an individual, a partnership, a corporation or other corporate body, a joint venture, a firm, a trustee, a trust, an association (whether incorporated or not), a government and a government authority or agency; and
(e) if there is any inconsistency between the provisions of this licence agreement, the provisions of the Google Play Terms of Service, and/or the provisions of the Google Play Developer Distribution Agreement, the following order of precedence shall apply to the extent of the inconsistency:
(i) the provisions of the Google Play Developer Distribution Agreement;
(ii) the provisions of the Google Play Terms of Service; and
(iii) the terms of this licence agreement.
Equipsuper and the User acknowledge that this licence agreement is concluded between Equipsuper and the User only, and not with Google.