Free the Poo game

 

 

 

 

 

 


Wet wipes are wreaking havoc on Canberra’s pipes, help us stop them!
 

 

 

 

           

We've launched our very own video game! Free the Poo is available on browser, Android and iOS. Grab your plunger and dive into Canberra's sewer, if you don't act fast the wet wipes will block our pipes!

MOBILE APPLICATION END USER LICENCE AGREEMENT (EULA)
Free the Poo
Effective Date: 22 March 2022
1. PRELIMINARY
These terms and conditions ("Terms") govern Your use of Our application, "Free the Poo" which is referred to as "the Licensed Application" and is available from: Apple Store, Google Play Store and Our website (www.iconwater.com.au). Ownership: The Licensed Application is owned and operated by: Icon Water Limited (ABN 86 069 381 960).
Content Notification: We have developed the Licensed Application as part of a broader educational campaign on community discharge to our wastewater network. This computer game is exempt from classification. While we have developed the Licensed Application for general use, you are responsible for determining suitability for any children or other minors in Your care.
Enforceability of Terms: These Terms create a legally enforceable contract between You and Icon Water Limited and govern Your use of the Licensed Application. If you download the Licensed Application on Apple Store or Google Play Store, Your use may be subject to additional terms and those parties (or their subsidiaries) may enforce these Terms against you as a third party beneficiary to these Terms. See Apple Store or Google Play Store for details.

2. INTERPRETATION
Definitions: In these Terms, except where the contrary intention is expressed, the following definitions are used.
Australian Consumer Law
means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).
Company IP
means any intellectual property subsisting in the Content that is owned and/or licensed to Us, including all copyright, designs, trademarks (including goodwill in those marks), trade secrets, patents, inventions, domain names, know how and any application or right to apply for registration of any of these rights.
Content
includes, but is not limited to, the content, layout, design, colours, appearance, graphics and imagery, sound recordings and effects, software code, data used in the Licensed Application.
Effective Date
means the date that these Terms come into force.
Excluded Loss
means:
(a) loss other than loss or damage which may fairly and reasonably be considered to arise naturally, that is according to the usual course of things, from the breach or other act or omission giving rise to the relevant liability; and
(b) includes loss of use, loss of data, expectation loss, loss of enjoyment, damage to goodwill or reputation.
Parties
means both You (the user of the Product) and Us (the owner of the Product) collectively.
Licensed Application
means the mobile application called "Free the Poo" available from Apple Store, Google Play Store or Our website including all pages, and where the context permits, all Company IP.
Terms
means the terms and conditions set out in this End User Licence Agreement.
"Us", "We", "Our", "the Company" or "the Owner"
refers to Icon Water Limited (ABN 86 069 381 960) and where the context permits, includes any employees, affiliates, agents or other representatives of Icon Water Limited.
"You" or "Your"
refers to the user of the Licensed Application.
Interpretation: In these Terms, unless the context otherwise requires, the following rules of interpretation shall apply:
(a) Words referring to one gender include every other gender.
(b) Words referring to a singular number include the plural, and words referring to a plural include the singular.
(c) Words referring to a person or persons includes companies, firms, corporations, organisations and vice versa.
(d) Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.

3. YOUR AGREEMENT AND REPRESENTATIONS
If You download or continue to use the Licensed Application, You expressly acknowledge that:
(a) You have been given an adequate opportunity to review the Terms;
(b) You understand the Terms;
(c) You have legal capacity to enter these Terms; and
(d) You agree to be bound by the Terms.
If You cannot agree to all of the above, then You must stop using the Licensed Application immediately.
Variation of Terms: You acknowledge and agree:
(a) that these Terms may be varied or amended from time to time in Our sole discretion. If You continue to use the Licensed Application following any such variation or amendment You will be deemed to have agreed to the Terms as varied or amended;
(b) to routinely monitor these Terms and to refer to the Effective Date posted at the top of these Terms in order to monitor any modifications or variations. You further agree to clear Your cache when doing so in order to avoid accessing a prior version of these Terms; and
(c) in the event that You fail to monitor any modifications to or variations of these Terms, such failure shall be considered an affirmative waiver of Your right to review the modified or varied Terms.
You must remove the Licensed Application if you sell, lease, loan, gift or otherwise divest Your mobile device to any other person.

4. INTELLECTUAL PROPERTY AND PRIVACY
Intellectual Property: You acknowledge and agree:
(a) that, as between Us and You, We own all intellectual property rights in the Content and nothing in these Terms amounts to a transfer of any intellectual property rights from Us to You;
(b) not to use the Company IP for any unlawful or infringing purpose;
(c) not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs) without express written permission from Us.
Personal Information: We may receive non-identifiable general usage information if You download the Licenced Application from Apple Store or the Google Play Store but We do not require user registration or personal information. Any personal information will be managed in accordance with Our Privacy Policy, available from Our website (www.iconwater.com.au).
This clause shall survive any termination of these Terms.

5. LICENCE TO USE LICENCED APPLICATION
Scope of Licence: Subject to these Terms, We grant You a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free and revocable licence to use the Licensed Application on any mobile or personal device that You own or control in Australia only.
Licence Restrictions: You must not:
(a) distribute or make the Licenced Application available over a network where it could be used by multiple mobile devices at the same time;
(b) rent, lease, distribute, sell, redistribute or sublicence the Licensed Application;
(c) reproduce, decompile, reverse engineer, disassemble, adapt, modify or create derivative works of the Licensed Application or any part thereof, except to the extent permitted by applicable law; or
(d) make any commercial use of the Licensed Application or Content without the prior written permission of the relevant rightsholder.
Reverse Engineering and Security: You must not:
(a) reverse engineer, or attempt to reverse engineer or disassemble any code or software used in the Licensed Application; and
(b) tamper with or attempt to circumvent encryption or other security tools, mine data or interfere with any host, user or network.
Termination of Licence: We reserve the right to modify, suspend or terminate Your licence to use the Licensed Application immediately if You breach these Terms and otherwise, at any time without notice to You. You agree that We will not be liable to You or any third party for any modification, suspension or termination.

6. CHANGES, AVAILABILITY AND SUPPORT
You acknowledge and agree that:
(a) We may, in Our sole discretion, vary, alter, amend, change or update the Licensed Application at any time; and
(b) the Licensed Application may be unavailable from time to time (whether it is unavailable due to maintenance or for any other reason). We accept no responsibility for, and to the
maximum extent permitted by law, we are not liable in any way for the Licensed Application being temporarily unavailable or inoperable, whether due to reasons within our control or not.
No Support: You acknowledge that the Licensed Application is provided on a “as is” basis without support or maintenance of any kind. As between Us and any host platform eg, Apple, We are responsible for support.

7. ACCEPTABLE USE
You agree not to use the Licensed Application in any manner that contravenes applicable law, including but not limited to:
(a) any unlawful, fraudulent or deceptive act, including impersonating or misrepresenting your affiliation with any party;
(b) in any way that may damage the Licensed Application, Our business or bring Our business into disrepute;
(c) harassing, abusing, or threatening any other person;
(d) infringing any intellectual property rights of Us or of any third party;
(e) uploading or otherwise disseminating any computer viruses or other software that may damage the property of another;
(f) engaging in or creating any unlawful gambling, sweepstakes or pyramid schemes;
(g) publishing or distributing any objectionable, offensive, obscene or defamatory material;
(h) publishing or distributing any material that incites violence, hatred or discrimination towards any person, group or community; or
(i) collecting or using any personal information about others.

8. LIABILITY AND INDEMNITY
Further acknowledgments: You accept and acknowledge that:
(a) the Licenced Application is provided on an “as is” and royalty free basis;
(b) the Licensed Application contains a fictional representation of a waterwater network provided for educational purposes. It may contain mistakes, errors and inaccuracies, including technological malfunctions;
(c) Your use of the Licensed Application, Content and Materials is entirely at Your risk. It is Your responsibility to make sure that any Content is suitable for Your purposes, including suitability for the purposes of any minors in Your care; and
(d) neither We, nor any third parties, provide any guarantees or warranties regarding the performance, operability, functionality, availability, quality, merchantability or suitability for any particular purpose.
Australian Consumer Law: You may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law, and these rights, warranties, guarantees and remedies may not be restricted, modified or excluded by Us. Our liability to you is governed solely by these Terms and the Australian Consumer Law.
Exclusions: To the maximum extent permitted by law, We expressly exclude:
(a) all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out in these Terms;
(b) any liability in relation to the accuracy, completeness, performance, operability, functionality, availability, quality, merchantability or suitability for a particular purpose;
(c) liability for any damage, loss, cost or expense including legal costs and expenses, whether direct or Excluded Loss, incurred by You in connection with Your use of the Licenced Application.
Indemnity: You indemnify Us (including any of Our employees, affiliates, agents or other representatives) and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to Your use or misuse of the Licensed Application and any Content. You agree that We may select Our own legal representation and may participate in Our own legal proceedings if We choose.

9. TERMINATION
(a) These Terms terminate immediately and automatically without notice to You if we cease to operate the Licenced Application for any reason;
(b) We specifically reserve the right to terminate these Terms if You do not comply with these Terms in any way;
(c) On termination, You must immediately cease use of the Licensed Application and remove it permanently and irretrievably from Your mobile or personal device; and
(d) We reserve the right to immediately terminate these Terms at any time, with or without cause.
Survival: On the termination of these Terms, any provisions which would by their nature be expected to survive termination will remain in full force and effect, including but not limited to the intellectual property and liability and indemnity provisions.

10. GENERAL PROVISIONS
Governing Law: Your use of the Licensed Application is subject to the laws of New South Wales, Australia and each party submits to the jurisdiction of the courts of the New South Wales, Australia.
Written communication: In relation to any correspondence or notification which is required under these Terms to be provided in writing from one party to the other party:
(a) such notice is properly given if given to the other party:
i. by email to an email address that the other party has nominated, acknowledged or used in connection with the use of the Licensed Application;
ii. by post to a postal address the other party has nominated, acknowledged or used in connection with the use of the of the Licensed Application.
(b) such notice is taken to be received:
i. if sent by email, when the email becomes capable of being retrieved by the recipient at the relevant email address;
ii. if sent by prepaid post within Australia, five (5) days after the date of posting;
iii. if sent by prepaid post to or from an address outside Australia, twenty-one (21) days after the date of posting.
No assignment: You must not assign, sub-licence or otherwise deal in any way with your rights under these Terms without Our prior written consent.
Severability: If any clause or sub-clause of these Terms is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms will continue in full force and effect.
No waiver: In the event that We fail to enforce any provision of these Terms, this will not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any clause or sub-clause of these Terms will not constitute a waiver of any other clause or sub-clause.
Headings for convenience only: Headings of clauses and sub-clauses under these Terms are for convenience only. Headings shall not affect the meaning of any provision of these Terms.
Parties must take all reasonable steps: Each party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to these Terms and the events contemplated by them.
Separate agreements: You may have other legal agreements with Us. Those other legal agreements are separate from and are in addition to these Terms. These Terms do not alter, amend, revise or replace the terms of any other legal agreements You may have with Us.

11. CONTACT US

You can contact us about these Terms using the following details:
P: +61 02 6248 3111 E: talktous@iconwater.com.au 12 Hoskins Street, Mitchell ACT 2911