Terms And Conditions

Terms And Conditions


My Ultimate Pty Ltd ACN 005 339 579 - Ultimate Date Night App


Within these Terms and Conditions the Apple and Appstore End User Licence Agreements appears first, with the Google Play and Android End User Licence Agreements appearing thereafter.

End User Licence Agreement for Istore, Apple and Iphone Users.


Custom End User Licence Agreement


1.1    Acknowledgement

The right to use this App is conditional upon You agreeing to the terms set out below.  This App is offered to You on the condition that You read and accept all the terms of this Custom End User Licence Agreement and wish to become a licensee of the App.   Acceptance will bind You to the terms of the licence, as well as the terms of any other documents referred to herein, including Our Privacy Policy.  By installing and using this App, You will be deemed to have accepted the following terms.  If You do not wish to accept the terms, You must immediately cancel the installation of the App.

This Custom End User Licence Agreement is a legally binding agreement between You and Us and not Apple despite it being written in plain English.  It also provides the App Store Host with certain rights. The Parties acknowledge having had the opportunity to review the Apple Media Services Terms and conditions as at the Effective Date.  You should ensure that You read it, and any other document referred to within it, carefully before installing it.

2.    Definitions

In this Agreement:

Agreement means the terms and conditions contained in this Custom End User Licence Agreement.

Device means a smart phone or tablet which is capable of operating the Licenced Application.

Effective Date means the date that the End User accepted the terms and conditions contained in this Custom End User Licence Agreement.

Custom EULA means the terms and conditions contained in this Custom End User Licence Agreement that governs the right to use the App.

Licensed Application (App) means the “Ultimate Date Night app” which is a fun game for couples to play to rekindle their spark through question prompts and challenges.

Parties means My Ultimate Pty Ltd ACN 005 339 579 and You.

We, Us and Our (and similar terms) are a reference to My Ultimate Pty Ltd ACN 005 339 579; and

You, Your, User (and similar terms) means you, the licensed user of the App.

3.    Terms of licence

3.1    Grant of licence

(a)    Subject to Your compliance at all times with the terms of this Custom EULA, and making any required payment to licence the App, We grant You the right to use it on any Apple-branded products that the You own or control on the terms set out herein. 
(b)    We grant You a:
(i)    non-transferrable;
(ii)    non-exclusive;
(iii)    non-sublicensable (other than any family sharing as available through an right to use the App on the terms and conditions contained in this Custom EULA.

(c)    Your acquisition of the licence to use the App, and any required payment, may also be subject to the terms and conditions applicable to the platform on which You acquire the App, or the “app store” through which you download it.

3.2    No reproduction

You may not reproduce or adapt the App except to the extent expressly permitted by ss 47B(3), 47C, 47D, 47E and 47F of the Copyright Act 1968 (Cth).

3.3    Multiple devices

You may install and use the App on multiple devices, if allowed by the platform or app store through which You acquired it.

3.4    Termination of licence

This licence is granted in perpetuity, but may be terminated by Us in the following circumstances:

(a)    if You are in breach of any term of this Agreement;
(b)    if You become the subject of any bankruptcy or insolvency proceedings; or
(c)    if You seek a refund of the licence fee paid to acquire the App;
(d)    we no longer support the version of the App which was licenced to you after a reasonable period of use.

3.5    Deletion of the App upon termination

On termination, You must permanently delete the licensed copies of the App.

3.6    Responsibility for others

You are responsible for the actions of any other person who uses Your licenced copy of the App.

3.7    Maintenance, support, patches and updates

We may deploy or provide patches, updates and modifications to the App that must be installed in order for You to continue to use it.  We may update the App remotely and you hereby grant us Your consent to deploy and apply such patches, updates and modifications as we determine are required to for the App to operate.  The Parties acknowledge that the App store that You downloaded the App from has no obligation whatsoever to furnish any maintenance or support services with respect to the App.

3.8    Product claims

The Parties acknowledge that My Ultimate Pty Ltd ACN 005 339 579 and not Apple, is responsible for addressing any claims of the End-User or any third-party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:

(a)    product liability claims; and
(b)    any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(c)    claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit frameworks.

3.9    Intellectual Property Rights

In the event of any third-party claim that the Application or the End-User’s possession and use of that App infringes any third party’s intellectual property rights, You, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

3.10    Warranty

In the event of any failure of the App to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User; and that, 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 will be Our sole responsibility.

4.    Your general obligations

You must:

(a)    not copy, reproduce, translate, adapt, vary or modify the App without Our express written consent, except as expressly authorised by this agreement or Pt III Div 4A of the Copyright Act 1968 (Cth);
(b)    not do anything which would infringe our copyright in the App; and
(c)    only use the App for personal, non-commercial use - use of the App in connection with a business is prohibited.
(d)    consent to Us sending You electronic communications including emails, sms messages and push notifications from within the App as reasonably necessary to provide You with the service.

5.    Privacy and personal information

By installing the App You acknowledge that You may provide Us with, or We may otherwise obtain, personal information about You.  You further agree that Our use of Your personal information will be done in accordance with the terms of Our Privacy Policy.

6.    Liability

6.1    Disclaimer of warranties

You expressly acknowledge and agree that, to the maximum extent permitted by law:

(a)    Your use of App is at Your sole risk.  The App is provided on an "as is" and "as available" basis.  We and Our officers, employees and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b)    We make no warranty that:
(i)    the App will meet Your requirements or expectations;
(ii)    Your access to, and use of, the App will be uninterrupted, timely, secure or error-free; and
(iii)    any features of the App which require services provided by third parties (such as integration with Dropbox or Youtube) will be available on an ongoing basis.
(c)    no advice or information, whether oral or written, obtained by You from Us through or from the App or Our website creates any warranty not expressly stated herein.

6.2    Limitation of liability

(a)    Except for certain consumer guarantees which may apply under the Australian Consumer Law (ACL), We do not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to the App. 
(b)    Subject to any claims available under the ACL, We and Our officers, employees and agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:
(i)    any inaccurate or incorrect information provided on the App;
(ii)    Your use of the App;
(iii)    any failure or delay including, but not limited to, the use or inability to use the App;
(iv)    any interference with or damage to Your computer systems which occurs in connection with use of the App; or
(v)    the cost of procurement of substitute goods and services to the App.
(c)    For claims that cannot be excluded or restricted under the ACL, Our liability for such a claim will (at Our option and to the extent permitted by law) be limited to:
(i)    in the case of goods:
I.    repairing or replacing those goods; or
II.    paying the cost of having those goods repaired or replaced; and

6.3    Third Party Beneficiary

Both You and Us acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Custom EULA, and that, upon the End-User’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this Custom EULA against the End-User as a third party beneficiary thereof.

6.4    Third Party Licences

The End-User must comply with any applicable third-party terms of agreement when using the App.

6.5    Legal compliance

(a)    You represent and warrant that:
(i)    You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(ii)    You are not listed on any U.S. Government list of prohibited or restricted parties.

7.    Indemnity

(a)    You indemnify, defend and hold harmless Us and Our officers, employees, authorised representatives and agents (Indemnified Parties) against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a solicitor and own client basis) that the Indemnified Parties may incur or suffer as a direct or indirect result of:
(i)    Your breach of this Agreement;
(ii)    Your use of the App;
(iii)    Any relationship breakdown or relationship formed because of your use of the App;
(iv)    Use of the App by Your partner;
(v)    Your negligent acts or omissions;
(vi)    Your actual or alleged breach of any law, legislation, regulation, by-law or code of conduct; or
(vii)    any claims brought by or on behalf of a third party relating to any act or omission by You, including infringement of a third party’s copyright or trade mark.

8.    General provisions

(a)    Approvals and consents - Except where this Agreement expressly states otherwise, a Party may, in its discretion, give conditionally or unconditionally or withhold any approval or consent under this Agreement.
(b)    Assignment – My Ultimate may assign any of its rights and obligations under this Agreement by notifying the User and the respective App Store of such an assignment. 
(c)    Counterparts - This Agreement may be executed by the Parties in any number of identical counterparts.  Each counterpart is deemed to be validly executed if it is signed by a Party and sent by electronic mail to the other Party.  It comes into effect when all identical counterparts have been validly executed.  For the purpose of executing this Agreement or any document required by it, the Parties agree that any signature is valid and the document is validly executed if it is produced by an electronic communication as provided by the Electronic Transactions Act 2001(Qld).
(d)    Entire agreement - This document contains the entire agreement between the Parties in connection with its subject matter and supersedes all previous agreements and understandings except as otherwise provided herein.
(e)    Governing law and jurisdiction – The laws of Queensland  and Australia govern this Agreement.  The Parties submit to the non-exclusive jurisdiction of the Supreme Court of  and the Federal Court of Australia.
(f)    Notices -  A notice, approval, consent or other communication in connection with this agreement must be in writing sent to the address of the receiving Party appearing in this Agreement or such other address as may be communicated by the receiving Party, marked for the attention of any person nominated for that purpose by the receiving Party (and who in the absence of any such nomination is the signatory to this agreement on behalf of the Party), and may be sent by prepaid express post,, or electronic mail.  A notice, approval, consent or other communication is taken to have been received:
(i)    five (5) Business Days after sending if sent by post (ten (10) Business Days if sent to or from a location in another country);
(ii)    if sent by courier, at the time indicated by the records of the courier;
(iii)    if sent by electronic mail, on receipt by the sender of an acknowledgment indicating that the mail item was received by the recipient.
(g)    Severance - If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in full force and effect.
(h)    Survival - Any clause which is expressed to survive, or which by its nature is intended to survive termination of this Agreement, survives termination.
(i)    Variation - An amendment or variation to this Agreement is not effective unless it is in writing and signed by the Parties.
(j)    Waiver - A Party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.  A waiver is not effective unless it is in writing and signed by the Party giving it.
(k)    Warranties regarding capacity - Each Party represents to each other that, as at the date of this Agreement:
(i)    it has taken all necessary action to authorise its entry into and performance of this Agreement;
(ii)    it has the power to enter into and perform its obligations under this Agreement;
(iii)    it is not aware of any thing, matter or circumstance which may prevent it from fulfilling its obligations under this Agreement; and
(iv)    its obligations under this Agreement are valid and binding and enforceable against it in accordance with its terms.

9.    Developer name and address

You may contact Us regarding any questions, complaints or claims with respect to the App using the following contact information:

My Ultimate Pty Ltd ACN 005 339 579
Rose Stevens, Developer
1 Palmerston Crescent
SOUTH MELBOURNE, VICTORIA
Email address:  support@ultimatedatenightapp.com | Telephone:  +61 490 003 859

End User Licence Agreement for Google Play and Android Users.


Custom End User Licence Agreement


1.1    Acknowledgement

The right to use this App is conditional upon You agreeing to the terms set out below.  This App is offered to You on the condition that You read and accept all the terms of this Custom End User Licence Agreement and wish to become a licensee of the App.   Acceptance will bind You to the terms of the licence, as well as the terms of any other documents referred to herein, including Our Privacy Policy.  By installing and using this App, You will be deemed to have accepted the following terms.  If You do not wish to accept the terms, You must immediately cancel installation of the App.

This Custom End User Licence Agreement is a legally binding agreement between You and Us and not Apple despite it being written in plain English.  It also provides the App Store Host with certain rights. The Parties acknowledge having had the opportunity to review the Apple Media Services Terms and conditions as at the Effective Date.  You should ensure that You read it, and any other document referred to within it, carefully before installing it.

2.    Definitions

In this Agreement:

Agreement means the terms and conditions contained in this Custom End User Licence Agreement.

Device means a smart phone or tablet which is capable of operating the Licenced Application.

Effective Date means the date that the End User accepted the terms and conditions contained in this Custom End User Licence Agreement.

Custom EULA means the terms and conditions contained in this Custom End User Licence Agreement that governs the right to use the App.

Licensed Application (App) means the “Ultimate Date Night app” which is a fun game for couples to play to rekindle their spark through question prompts and challenges.

Parties means My Ultimate Pty Ltd ACN 005 339 579 and You.

We, Us and Our (and similar terms) are a reference to My Ultimate Pty Ltd ACN 005 339 579; and You, Your, User (and similar terms) means you, the licensed user of the App.

3.    Terms of licence

3.1    Grant of licence

(a)    Subject to Your compliance at all times with the terms of this Custom EULA, and making any required payment to licence the App, We grant You the right to use it on any applicable Devices the You own or control on the terms set out herein.
(b)    We grant You a:
(i)    non-transferrable;
(ii)    non-exclusive;
(iii)    non-sublicensable (other than any family sharing as available through an
right to use the App on the terms and conditions contained in this Custom EULA.
(c)    Your acquisition of the licence to use the App, and any required payment, may also be subject to the terms and conditions applicable to the platform on which You acquire the App, or the “app store” through which you download it.

3.2    No reproduction

You may not reproduce or adapt the App except to the extent expressly permitted by ss 47B(3), 47C, 47D, 47E and 47F of the Copyright Act 1968 (Cth).

3.3    Multiple devices

You may install and use the App on multiple devices, if allowed by the platform through which You acquired it.

3.4    Termination of licence

This licence is granted in perpetuity, but may be terminated by Us in the following circumstances:

(a)    if You are in breach of any term of this Agreement;
(b)    if You become the subject of any bankruptcy or insolvency proceedings; or
(c)    if You seek a refund of the licence fee paid to acquire the App;
(d)    we no longer support the version of the App which was licenced to you after a reasonable period of use.

3.5    Deletion of the App upon termination

On termination, You must permanently delete the licensed copies of the App.

3.6    Responsibility for others

You are responsible for the actions of any other person who uses Your licenced copy of the App.

4.    Platform specific rights

4.1    Application

This clause 8 applies if You have obtained the App through the Google Play platform (Google Play).  In the event of a conflict between a provision of this clause 8 and any other provision of this EULA, the provision of clause 8 will prevail.

4.2    Acknowledgement

You and We acknowledge that this EULA is between You and Us, and not with Google, and We, not Google, are responsible for the App and the content of the App.

4.3    Intellectual property rights

The Parties acknowledge that, in the event of any third party claim that the App or Your possession and use of the App infringes that third party’s intellectual property rights, We, not Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

4.4    Product claims

The Parties acknowledge that We, not Google, are responsible for addressing any claims of You or any third party relating to the App or the end-user’s possession and/or use of that 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; and (iii) claims arising under consumer protection or similar legislation

4.5    Support

We are solely responsible for maintenance and support services for the App, if required by applicable law.  The Parties acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

4.6    Warranty

We and not Google are responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed by this Custom EULA. 

4.7    Refunds

You are entitled to seek a refund of the price paid for Your licence to use this App from Google within 48 hours of your purchase.

4.8    Reinstalls

(a)    You are entitled to unlimited reinstalls of the App (Reinstall Right).
(b)    Notwithstanding clause 4.8(a), in the event that the App is removed from Google Play due to an allegation of:
(i)    intellectual property infringement;
(ii)    defamation;
(iii)    violation, or the actual violation of a third party’s right of publicity and privacy; or
(iv)    the App does not comply with law, or any determination that the App does not comply with the law;
your Reinstall Right will not apply.
(c)    You acknowledge and agree that if You are unable to exercise your Reinstall Right pursuant to clause 4.8(b), to the fullest extent permissible by law, We have no liability to You.

5.    Your general obligations

You must:

(a)    not copy, reproduce, translate, adapt, vary or modify the App without Our express written consent, except as expressly authorised by this agreement or Pt III Div 4A of the Copyright Act 1968 (Cth);
(b)    not do anything which would infringe our copyright in the App; and
(c)    only use the App for personal, non-commercial use - use of the App in connection with a business is prohibited.
(d)    consent to Us sending You electronic communications including emails, sms messages and push notifications from within the App as reasonably necessary to provide You with the service.

6.    Privacy and personal information

By installing the App You acknowledge that You may provide Us with, or We may otherwise obtain, personal information about You.  You further agree that Our use of Your personal information will be done in accordance with the terms of Our Privacy Policy.

7.    Liability

7.1    Disclaimer of warranties

You expressly acknowledge and agree that, to the maximum extent permitted by law:

(a)    Your use of App is at Your sole risk.  The App is provided on an "as is" and "as available" basis.  We and Our officers, employees and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b)    We make no warranty that:
(i)    the App will meet Your requirements or expectations;
(ii)    Your access to, and use of, the App will be uninterrupted, timely, secure or error-free; and
(iii)    any features of the App which require services provided by third parties (such as integration with Dropbox or Youtube) will be available on an ongoing basis.
(c)    no advice or information, whether oral or written, obtained by You from Us through or from the App or Our website creates any warranty not expressly stated herein.

7.2    Limitation of liability

(a)    Except for certain consumer guarantees which may apply under the Australian Consumer Law (ACL), We do not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to the App. 
(b)    Subject to any claims available under the ACL, We and Our officers, employees and agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:
(i)    any inaccurate or incorrect information provided on the App;
(ii)    Your use of the App;
(iii)    any failure or delay including, but not limited to, the use or inability to use the App;
(iv)    any interference with or damage to Your computer systems which occurs in connection with use of the App; or
(v)    the cost of procurement of substitute goods and services to the App.
(c)    For claims that cannot be excluded or restricted under the ACL, Our liability for such a claim will (at Our option and to the extent permitted by law) be limited to:
(i)    in the case of goods:
I.    repairing or replacing those goods; or
II.    paying the cost of having those goods repaired or replaced; and
(ii)    if the breach relates to services:
I.    resupplying those or equivalent services; or
II.    paying the cost of having those services resupplied.

7.3    Third Party Licences

The End-User must comply with any applicable third-party terms of agreement when using the App.

7.4    Legal compliance

(a)    You represent and warrant that:
(i)    You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(ii)    You are not listed on any U.S. Government list of prohibited or restricted parties.

8.    Indemnity

(a)    You must indemnify, defend and hold harmless Us and Our officers, employees, authorised representatives and agents (Indemnified Parties) against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a solicitor and own client basis) that the Indemnified Parties may incur or suffer as a direct or indirect result of:
(i)    Your breach of this Agreement;
(ii)    any content You create or disseminate using the App;
(iii)    Your negligent acts or omissions;
(iv)    Your actual or alleged breach of any law, legislation, regulation, by-law or code of conduct; or
(v)    any claims brought by or on behalf of a third party relating to any act or omission by You, including infringement of a third party’s copyright or trade mark.

9.    General provisions

(a)    Approvals and consents - Except where this Agreement expressly states otherwise, a Party may, in its discretion, give conditionally or unconditionally or withhold any approval or consent under this Agreement.
(b)    Assignment – My Ultimate may assign any of its rights and obligations under this Agreement by notifying the User and the respective App Store of such an assignment. 
(c)    Counterparts - This Agreement may be executed by the Parties in any number of identical counterparts.  Each counterpart is deemed to be validly executed if it is signed by a Party and sent by electronic mail to the other Party.  It comes into effect when all identical counterparts have been validly executed.  For the purpose of executing this Agreement or any document required by it, the Parties agree that any signature is valid and the document is validly executed if it is produced by an electronic communication as provided by the Electronic Transactions Act 2001(Qld).
(d)    Entire agreement - This document contains the entire agreement between the Parties in connection with its subject matter and supersedes all previous agreements and understandings except as otherwise provided herein.
(e)    Governing law and jurisdiction – The laws of Queensland  and Australia govern this Agreement.  The Parties submit to the non-exclusive jurisdiction of the Supreme Court of  and the Federal Court of Australia.
(f)    Notices -  A notice, approval, consent or other communication in connection with this agreement must be in writing sent to the address of the receiving Party appearing in this Agreement or such other address as may be communicated by the receiving Party, marked for the attention of any person nominated for that purpose by the receiving Party (and who in the absence of any such nomination is the signatory to this agreement on behalf of the Party), and may be sent by prepaid express post,, or electronic mail.  A notice, approval, consent or other communication is taken to have been received:
(i)    five (5) Business Days after sending if sent by post (ten (10) Business Days if sent to or from a location in another country);
(ii)    if sent by courier, at the time indicated by the records of the courier;
(iii)    if sent by electronic mail, on receipt by the sender of an acknowledgment indicating that the mail item was received by the recipient.
(g)    Severance - If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in full force and effect.
(h)    Survival - Any clause which is expressed to survive, or which by its nature is intended to survive termination of this Agreement, survives termination.
(i)    Variation - An amendment or variation to this Agreement is not effective unless it is in writing and signed by the Parties.
(j)    Waiver - A Party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.  A waiver is not effective unless it is in writing and signed by the Party giving it.
(k)    Warranties regarding capacity - Each Party represents to each other that, as at the date of this Agreement:
(i)    it has taken all necessary action to authorise its entry into and performance of this Agreement;
(ii)    it has the power to enter into and perform its obligations under this Agreement;
(iii)    it is not aware of any thing, matter or circumstance which may prevent it from fulfilling its obligations under this Agreement; and
(iv)    its obligations under this Agreement are valid and binding and enforceable against it in accordance with its terms.

10.    Developer name and address

You may contact Us regarding any questions, complaints or claims with respect to the App using the following contact information:

My Ultimate Pty Ltd ACN 005 339 579
Rose Stevens, Developer
1 Palmerston Crescent
SOUTH MELBOURNE, VICTORIA
Email address:  support@ultimatedatenightapp.com | Telephone:  +61 490 003 859





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