App End User Licence Agreement

End User Licence Agreement

Effective date: 24th October 2024

1. Governing document

1.1 The terms of this end user licence agreement (EULA) govern the relationship between you (you) and Royal Automobile Association of South Australia Incorporated (ABN 90 020 001 807) (RAA) in respect of your use of the RAA app and the services and functionality offered through it (App).

1.2 The App is offered by RAA to you for use on the condition that you read and accept this EULA and agree to be bound by its terms.

1.3 By installing, using or accessing the App, you are considered to have accepted the terms set out in this EULA. If you do not agree with any part of these terms, or otherwise do not wish to accept them, do not install, use or access the App.

1.4 If you are under the age of 18 years, please ask your parent or guardian's permission before installing, using or accessing the App.

2. App

2.1 Use of App

(a) Subject to the terms of this EULA, RAA grants you a non-exclusive, non-transferable licence to access and use the App and its features and functionality on any Device that you own or control.

(b) You must not rent, lease, lend, sell, transfer, redistribute or sublicense the App, or (except as permitted by any App Provider Requirements) make the App available over a network where it could be used by multiple Devices at the same time.

2.2 RAA Products

Certain features of the App may relate to RAA Products that you hold. Separate terms and conditions apply to RAA Products, and these are available from the RAA Website.

3. Updates and other apps

3.1 Terms

The terms of this EULA (as amended pursuant to clause 18.1) will apply to any Updates, unless such an Update is accompanied by separate terms and conditions in which case those terms will apply to the extent stated by RAA.

3.2 Acknowledgements

You acknowledge and agree that RAA:

(a) is under no obligation to provide any Updates;

(b) can use Updates to add, remove, modify or otherwise alter features of the App at its sole discretion;

(d) can provide Updates in such a manner that the App is unable to be reverted to its previous state.

3.3 Other Apps

(a) In order to obtain, install, update, access, use, or continue to access or use the App, you may also be required to update third party apps (such as the operating system) on your Device.

(b) You acknowledge and agree that:

(i) RAA is not responsible for such third party updates;

(ii) such third party updates may be subject to their own terms and conditions, and RAA recommends you carefully read, review and consider if you can accept those terms and conditions prior to implementing the third party update (and do not install the update if you do not agree); and

(iii) if you are unable or unwilling to obtain or install such third party updates, you may be unable to obtain, install, update, access, use, or continue to access or use the App.

4. Payments

(a) RAA will not charge you fees to obtain the App or use the App generally.

(b) However, as part of the features of the App, you may be able to make payments to RAA in respect of various RAA Products you hold or wish to purchase via the App (Payments).

(c) Any such Payments will be payable by you to RAA in accordance with the terms and conditions that apply to the relevant RAA Product(s).

(d) RAA may use Payment Processors to receive Payments from you. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this EULA. RAA is not responsible for the services of any Payment Processors that it may use from time to time.

5. User account

5.1 Requirement

(a) You will be able to use certain core features of the App without creating or logging into a user account.

(b) In order to use certain features of the App, you will be required to be a current member of RAA and log into your existing online RAA membership account, or otherwise create a user account.

(i) you have only a single user account, and do not register multiple user accounts; and

(ii) you do not allow multiple people to use the same user account.

5.2 Security

You are responsible for protecting the confidentiality of your account password. You acknowledge and agree that you will be responsible for any activities engaged in using your account, whether or not access is authorised by you, including use of the digital membership card that is accessible to you once you are logged into the App.

6. Notifications, advertising and third party links

6.1 Push notifications

RAA may send you push notifications in relation to RAA Products, competitions and member offers through the App. If you do not wish to receive these, please adjust your settings under the ‘My Account’ and ‘Notification preferences’ section of the App, or in the settings of your Device.

6.2 Third party materials

You acknowledge:

(a) the App may from time to time feature advertisements from RAA and/or third parties, and provide website links;

(b) RAA is only responsible for its own advertisements and websites;

(c) any links to third party apps, websites, content and other services are provided for convenience only, and may not be current or maintained. RAA is not responsible for the content of any third party advertisements, or any apps, websites or other materials of third parties generally, and separate terms and conditions may apply. You access and view such third party apps, websites and materials at your sole risk; and

(d) any provision of information to third parties by RAA will be governed by RAA's Privacy Policy and clause 17 of this EULA.

7. Membership, competitions and offers

(a) Please visit the RAA Website for details on the benefits of RAA membership, how to become a member of RAA, and to view RAA’s membership terms and conditions.

(b) RAA will make available exclusive member offers and competitions through the App from time to time. All member benefits and offers are subject to availability. Separate terms and conditions apply to all offers and competitions, and these may include terms and conditions of a participating partner. You should read the applicable terms and conditions carefully, including to confirm that you are eligible, prior to entering a competition or accessing an offer.

8. Real time fuel pricing

(a) The App contains a feature that enables you to access current fuel price data for South Australia.

(b) The fuel price data published in the App is based on or contains data provided by the State of South Australia (Office of Consumer and Business Services 2021-2024). Copyright of the State of South Australia.

(c) To provide live fuel price data, RAA is required to publish the information provided by the State in real time and RAA is not able to verify the accuracy of the data before publication. RAA does not accept responsibility for the accuracy of the data and any use of this data is undertaken at your own risk. By using the real time fuel pricing feature of the App made available from time to time, you agree to release RAA from any liability arising from your use.

9. Electric Vehicle charging stations

(a) The App contains a feature that enables you to locate and access current information about Electric Vehicle charging stations across South Australia.

(b) Where the App displays any details about a charging station (including but not limited to price, plug type, cable availability, accessibility details, and similar) that information is displayed in good faith by RAA, and may be based on information obtained from third parties. While all reasonable efforts are made to ensure the App only displays current details, the information displayed through the App may not be accurate as at the time of viewing by you.

(c) Accordingly, RAA does not warrant or represent that the App will display all charging stations in South Australia, or that the information published in the App about any charging station is complete or accurate at the time of viewing. Any use of this information is at your own risk. By relying on any details of charging stations made available from time to time through the App, you agree to release RAA from any liability arising from your reliance on or use of that information.

(d) You are responsible for paying all charges associated with use of Electric Vehicle charging stations you may locate through the App, directly to the provider of the charging station in accordance with their requirements. RAA recommends that you review the terms and conditions of the provider to ensure you understand and accept these before using any charging station.

10. Your obligations

10.1 Restricted parties

You warrant and represent that the following statements are true and correct:

(a) you are not located in a region that is subject to an embargo by the governments of either the United States of America or the Commonwealth of Australia;

(b) you are not located in a region that has been designated by the governments of either the United States of America or the Commonwealth of Australia as a 'terrorist supporting' region; and

(c) you are not included on any list of prohibited or restricted parties by the governments of either the United States of America or the Commonwealth of Australia.

10.2 Third party services

(a) You may be required to use certain third party services (for example, an App Provider marketplace) in order to obtain, install, update, access, use, or continue to access or use the App.

(b) Access to the App, or parts thereof, will require your Device to be connected to the internet or require other third party services.

(c) Your use of third party services may be subject to fees and separate terms and conditions, and you acknowledge that RAA is not liable for the activities of any such third parties.

(d) You must comply with any applicable third party terms when using the App. You are responsible for ensuring that your installation and use of the App does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.

10.3 Restrictions

You agree that you will not:

(a) charge anyone any fees (directly or indirectly) for accessing or using the App;

(b) attempt to disrupt the normal operation of the App, or any infrastructure operated by RAA or other business activities of RAA;

(d) make any automated use of the App;

(e) impersonate any other person in using of the App;

(f) do anything that compromises the stability or security of the App, or interferes with any other user;

(g) do anything to damage RAA’s name or reputation; or

(h) use the App in connection with the actual or attempted contravention of any applicable laws, or for any fraudulent or other unauthorised purposes.

11. Apple requirements

If you obtained the App from Apple’s App Store, you and RAA acknowledge and agree that:

(a) your use of the App on any Apple-branded Device that you own or control is subject to any relevant Apple Requirements. In the event of a conflict between this EULA and the Apple Requirements, the Apple Requirements will take precedence and prevail to the extent necessary;

(b) this EULA is concluded between you and RAA only, and not with Apple, and RAA, not Apple, is solely responsible for the App and its content;

(c) your use of the App on any Apple-branded Device that you own or control must be consistent with the Apple Requirements, and as permitted by these, the App can be accessed, acquired and used by other accounts associated with you via family sharing, volume purchasing, or legacy contacts;

(d) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App, either under this EULA or applicable law;

(e) RAA, not Apple, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including but not limited to:

(i) product liability claims;

(ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; or

(iii) claims arising under consumer protection, privacy or similar legislation, including in connection with any use by the App of the HealthKit and/or HomeKit frameworks;

(f) in the event of any third party claim that the App or your possession and/or use of the App infringes that third party's Intellectual Property Rights, RAA, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim;

(g) Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA; and

(h) upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary.

12. Support

(a) While it will use all reasonable efforts to ensure that the App is fully functional and operational at all times, RAA will not be obliged to support the App, whether by providing advice, training, error-correction, modifications, updates (including Updates), new releases or enhancements or otherwise, or to provide any hosting, telecommunication, internet or other services in relation to your use of the App.

(b) From time to time, access to the App may be temporarily suspended for maintenance, repair or other operational reasons. RAA will use all reasonable efforts to notify you of any temporary downtime in advance where it is possible to do so, but is not obliged to.

13. Duration of Licence

13.1 Term

Subject to the remainder of this clause, the licence granted to you in clause 2.1(a) is perpetual.

13.2 Termination

(a) RAA reserves the right to suspend your entitlements under this EULA and disable (either temporarily or permanently) your user account at any time if you breach the terms of this EULA in a material way. RAA will notify you if your rights under this EULA are suspended/your account is disabled, whether this is a permanent or temporary action, and if this is temporary, what steps you need to action to regain access.

(b) If your user account is permanently disabled and this EULA is terminated by RAA – which will generally only be done in extreme circumstances, including if fraudulent or other illegal activity is identified as being associated with your account, or if your breach of this EULA is severe, or ongoing or repeated despite RAA’s request for you to cease the activity - you must not access any other user accounts or create any further user accounts to access the App.

13.3 Effect of termination

(a) Upon termination of this EULA for any reason, you must delete the App from your Device.

(b) Termination pursuant to this clause will not affect any rights or remedies which RAA may have otherwise under this EULA or at law.

(c) Nothing in this clause limits any right RAA may have pursuant to this EULA to modify the App by way of Update, including by removing any features from the App, or to modify or cease offering the App.

14. Warranty

(a) You represent and warrant to RAA that:

(i) you are either:

(A) aged 18 years or over;

(B) under the age of 18 and have the consent of your parent or guardian to install, access and use the App;

(ii) all information provided to us via the App is complete and accurate on each occasion that you use the App;

(iii) you have read, understood and agree to the terms of this EULA; and

(iv) you will comply with the terms of this EULA.

(b) You acknowledge that the App is not guaranteed to be error free and further acknowledge that the existence of any such errors will not constitute a breach of this EULA.

(c) Except as expressly provided to the contrary in this EULA, and to the full extent permitted by applicable law, RAA will not be liable to you for any loss, damages, liabilities, claims or expenses whatsoever (including special, indirect or consequential damages such as loss of profits), arising out of breach of this EULA or arising out of the supply of a defective App, whether in contract, tort (including negligence), under statute, equity or otherwise.

(d) Without limiting clause 14(c), to the full extent permitted by applicable law, RAA's liability for breach of any term, condition, guarantee or warranty that is implied by law and cannot lawfully be excluded by RAA, including the consumer guarantees set out in the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and all similar or equivalent legislation, rules and regulations is limited to (at RAA's option):

(i) in the case of goods (including the App, to the extent the App is considered a good under applicable law) – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to you; or

(ii) in the case of services – supplying the services again or paying the cost of having the services supplied again.

(e) RAA will indemnify you against any liabilities, costs, losses, claims and expenses which you may incur as a result of RAA’s material breach of any of the provisions of this EULA, provided that (to the full extent permitted by applicable law and without limiting or affecting any other provision of this EULA), RAA's maximum aggregate liability to you for any losses you incur or claims you make against RAA that are connected to the App in any way is limited to the sum of AUD$500.

(f) You acknowledge that you have exercised your independent judgment in acquiring the App and have not relied on any representation made by RAA which has not been stated expressly in this EULA or upon descriptions or illustrations or specifications contained in any document including publicity material produced by RAA and the RAA Website.

(g) If you obtained the App from the iOS App Store and the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you, and subject to this, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty that is not effectively disclaimed by this EULA are the sole responsibility of RAA.

15. Intellectual Property

15.1 Ownership

(a) As between the parties, RAA retains all right, title and interest to all Intellectual Property Rights subsisting in the App, any Updates, and all parts thereof.

(b) This EULA does not constitute a transfer or conveyance of any Intellectual Property Rights owned by RAA as at the date of this EULA (including but not limited to all Intellectual Property Rights associated with the App, and its functionality, features and content, and all trade marks of RAA), or operate as a future transfer of any Intellectual Property Rights owned by RAA any time thereafter.

15.2 Acknowledgement

You acknowledge that the App and materials provided in the course of your use of the App’s features and functionality are protected by copyright and may also be protected as other forms of Intellectual Property Rights owned by RAA, or other third parties. You will not during or at any time after the termination of this EULA undertake or permit any act which infringes or attempts to infringe those Intellectual Property Rights and without limitation, you specifically acknowledge that you must not copy the App except as otherwise expressly authorised or acknowledged by this EULA.

15.3 Reverse engineering

You must not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the App, or any output from the App or any files related to the App, without affecting any rights you may have under applicable law.

16. Security

(a) Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst RAA strives to protect such information, it does not warrant and cannot ensure the security of any information transmitted to it by you. Accordingly, any information transmitted to RAA via the App is transmitted at your sole risk. Nevertheless, once RAA receives transmissions from you, it will take all reasonable steps to preserve the security of such information. Personal information will be protected in accordance with RAA’s Privacy Policy.

(b) Users must take their own precautions to ensure that their mechanism for accessing the App does not expose them to the risk of viruses, malicious computer code or other forms of interference which may damage their Devices. RAA does not accept responsibility for any interference or damage to Devices which arises in connection with use of the App.

17. Privacy

17.1 Privacy Policy

RAA handles personal information in accordance with the Privacy Act 1988 (Cth) and will comply with the terms of its Privacy Policy in respect of the App. This Privacy Policy (as updated from time to time) is incorporated into, and forms part of, the terms of this EULA.

17.2 Additional privacy terms

In addition to the Privacy Policy, the following terms and conditions apply:

(a) RAA collects and uses the personal and non-personal information you provide to enable us to:

(i) administer the App and its functionality;

(ii) personalise your App experience;

(iii) improve the App;

(iv) contact you in relation to any concerns, support requests or queries you may raise with us; and

(v) otherwise as is necessary for our legitimate business purposes.

(b) The personal information we may require from you if you choose to use the App, includes your name, phone number, email address and Device information (including IP address, browser, operating system, unique device identifiers, time, date, referral information, location carrier) . If you do not provide us with this information, you may not be able to receive the full functionality of the App.

(c) You acknowledge that we may also need to (and can), disclose your personal information to third parties who provide us with services in connection with the development, maintenance, and operation of the App, and as required by law.

(d) Where personal information is disclosed to third party recipients, you acknowledge that the recipients of this disclosure may not have in place privacy policies that are equivalent to RAA’s.

17.3 Consent to use of anonymised data

You agree that RAA may collect and use non-personal aggregate, statistical, and other anonymous information, technical data and related information, that is gathered periodically. In addition to any other rights it may have to use this information pursuant to its Privacy Policy and this EULA (including clause 17.2), RAA may use this information, as long as it is in a form that does not personally identify you, to improve the App and its other products, to provide services or technologies to you, and for other purposes connected to its business, including for the avoidance of doubt sharing anonymised, aggregate information with service providers, suppliers, partners and other third parties.

17.4 Direct marketing

(a) You agree that RAA and its related entities can use the contact information you provide to create your user account for the App (including email address and telephone number) to contact you with marketing and information about their products and services, discounts, special offers, competitions and invitations to special events, on an ongoing basis, unless and until you opt out of receiving these communications.

(b) If at any time you wish to opt out from receiving these communications, please advise RAA by using the opt out means provided in the communications or one of the other opt-out options described in the Privacy Policy.

18. General

18.1 Amendment

RAA reserves the right to amend, revise or replace this EULA from time to time. Amendments, revisions and replacements will be effective immediately upon posting through the App or at www.raa.com.au/app-terms, unless a later effective date is specified. Continued use of the App by you following such notification represents your agreement to be bound by the terms of this EULA as amended, revised or replaced, and your understanding and acceptance of the amended, revised or replaced document.

18.2 Order of precedence

In the event of a conflict between any provision of this EULA and any App Provider Requirements, the App Provider Requirements will take precedence and prevail to the extent necessary to resolve the conflict.

18.3 Assignment

(a) You cannot assign, novate or otherwise transfer any of your rights or obligations under this EULA.

(b) RAA can assign, novate or otherwise transfer any of its rights or obligations under this EULA at its sole discretion, and will use all reasonable endeavours to notify you of this in advance.

18.4 Severance

If a provision in this EULA is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from this EULA for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of this EULA.

18.5 Governing law and jurisdiction

(a) This agreement is governed by and is to be construed under the laws in force in South Australia.

(b) Each party submits to the exclusive jurisdiction of the courts exercising jurisdiction in South Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.

18.6 No reliance

You acknowledge and agree that you have not relied on any statement by RAA which has not been expressly included in this EULA.

18.7 Entire agreement

This EULA constitutes the entire agreement between you and RAA regarding access and use of the App, and supersedes all prior discussions, negotiations, understandings and agreements in respect of its subject matter.

As noted elsewhere in this EULA, use by you of certain features or functionality of the App may be subject to further terms of RAA or third parties.

18.8 Clauses that survive termination

(a) Without limiting or impacting upon the continued operation of any clause which as a matter of construction is intended to survive the termination of this EULA, the following clauses survive the termination of this EULA:

(i) clause 2

(ii) clauses 3.2 and 3.3;

(iii) clauses 4(c) and 4(d);

(iv) clause 5.2;

(v) clause 6.2;

(vi) clause 8;

(vii) clauses 10.2 and 10.3;

(viii) clauses 11, 13.3, 14, 15, 15, 16 and 17;

(ix) clauses 18.4 and 18.5; and

(x) this clause 18.8.

(b) An indemnity offered by a party in this EULA is a continuing obligation, independent from other obligations and survives the termination of this EULA.

19. Contact

Please contact RAA using the following details if you have any comments, questions or complaints regarding the App.

Royal Automobile Association of South Australia Inc
101 Richmond Road, Mile End SA 5031, Australia

Ph: 61 8 202 4600
Email: webmaster@raa.com.au

20. Definitions

20.1 Definitions

In this agreement:

App has the meaning set out in clause 1.1.

App Provider means a third party provider that provides you with access to the App. Examples of potential App Providers include Apple and Google Inc.

App Provider Requirements means all terms, conditions, policies and other requirements of an App Provider that are applicable to you and your Device, and includes but is not limited to the Apple Requirements and the Google Requirements.

Apple means Apple Pty Limited ABN 46 002 510 054 of Level 3, 20 Martin Place, Sydney NSW 2000.

Apple Requirements means any requirements of Apple that relate to the use or installation of the App, as updated or replaced from time to time, and including without limitation the Apple Media Services Terms and Conditions and the Usage Rules set forth therein, which can be viewed at https://www.apple.com/legal/internet-services/itunes/au/terms.html.

Device means any device owned or controlled by you onto which the App can be installed.

Google Requirements means all relevant requirements of Google Inc and includes (but is not limited to):

(a) Google’s Terms of Service available at https://www.google.com/intl/en/policies/terms; and

(b) Google’s Privacy Policy at https://www.google.com/policies/privacy/.

Intellectual Property Rights means any and all intellectual and industrial property rights anywhere in the world (including present and future intellectual property rights) including (but not limited to) rights in respect of or in connection with:

(a) any related confidential information, trade secrets, know-how or any right to have information kept confidential;

(b) copyright (including future copyright and rights in the nature of or analogous to copyright);

(d) all associated goodwill, whether or not existing at the date you agree to these terms and whether or not registered or registrable and includes any and all variations, modifications or enhancements to each of them together with any application or right to apply for registration of those rights and includes all renewals and extensions.

iOS App Store means the App Store operated by Apple in respect of its devices running the iOS operating system.
Payments has the meaning set out in clause 4(a).

Payment Processors means parties nominated by RAA to receive and process Payments on its behalf, and may include the App Providers.

Privacy Policy means RAA’s privacy policy available from https://www.raa.com.au/privacy-policy, as updated from time to time.

RAA Products means the various products offered by RAA or its related entities as part of their business activities from time to time.

Update means an update supplied by RAA that replaces or supplements the original App.

RAA Website means RAA’s website www.raa.com.au.