Licensing Agreement/Terms of Use for Macleans Brush Time 2.0
Updated 03 August 2016
The following Licensing Agreement/Terms of Use (the “Agreement”) applies to your access to, and use of, the application (the “App”) provided by GlaxoSmithKline Consumer Healthcare New Zealand Ltd. (“GSK” and "we," "us," and "our" as appropriate ), subject also to any rules or policies applied by any app store provider or operator from whose site you downloaded the App. We do not sell the App to you. We remain the owners of the App at all times. By downloading the App from an app store you agree to adhere to the terms of this Agreement. The terms of the Agreement include the privacy policy and the limitations on liability set out in detail below. If you do not agree, GSK will not license the App to you and you must stop the downloading or streaming process now and you should stop using the App immediately.
The terms of this Agreement also apply to the App or any of the services accessible through the App, including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply.
GSK may occasionally update this Agreement. We encourage you to periodically review this Agreement. Your continued use of the App constitutes your agreement to the Agreement and any updates without notice provided by GSK.
Disclaimer
The App has been developed as a service of GSK. Like any other service, in spite of our best efforts the information in the App may become out of date over time. GSK accepts no liability for the accuracy or completeness or use of, nor any liability to update, the information contained in the App. GSK is not liable for any direct or indirect damages, including but not limited to, damages for personal injury or lost data related to your use of the App. GSK only supplies the App for private and personal use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. The App is provided "as is" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Medical Information
The content in the App should not be construed as the giving of advice or the making of a recommendation and it should not be relied on as the basis for any decision or action. It is important that you rely only on the advice of a health care professional to advise you on your specific situation.
Access and Service Fees
To access and use the App as intended, you may need to access the Internet through devices that access Internet based content and pay any service fees associated with such access.
Consent for Data Collection and Use
You agree that GSK may collect and use data related to your device, its operating system and the application that is gathered periodically to facilitate the distribution of software updates and other communications related to the App (if any). GSK may use this information for continuous improvement of the App. You also agree to allow GSK to automatically make updates to the App to ensure that the App remains current and functions properly without your express consent for each update.
GSK Collection and Use of Personal Information
To function as intended, GSK may collect users’ personal information (i.e., information from which you can be identified such as name, address, telephone number or email address) from mobile apps. In most cases this information is not transmitted from the users’ device. However, in those instances that personal data is transmitted to GSK, you consent that GSK may collect, process, store, use and transfer personal information relating to you.
We will use your information to enable the App to function as intended and may use it to mail and/or email you information on health conditions and related treatments, products and services, and for marketing and informational purposes. We may also share this information with our affiliates, subsidiaries, and/or authorized independent third parties who may assist us in collecting and processing information. The information you submit may be transferred to other countries that may or may not have laws equivalent to those in your own country that protect your personal information. By providing any personal information, you agree to the above collection, use and disclosure of your personal information.
For more information about our global privacy practices or if you would like to contact GSK regarding your personal information, please see our Privacy Statement.
Links to Third Party Websites
The App may provide links to, or embed, third party websites. This Agreement does not apply to those websites. If you choose to enter such a linked site, you agree that GSK is not responsible for the availability of such websites and do not review or endorse and shall not be liable, directly or indirectly, for:
- how these websites treat your PII
- the content of such websites
- the use that others make of these websites.
Please ensure you check the legal and privacy statement posted on each website you access before entering any PII.
License Grant
Subject to the terms of this Agreement, GSK grants you a limited, non-exclusive, non-transferrable license to access and use the App.
Acceptable Use Restrictions
You may not rent, lease, sell, sublicense, assign, reverse engineer, disassemble, modify or transfer the App. You may not download the App in violation of any applicable laws or regulations.
You agree not to use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example by hacking into or inserting malicious viruses, or harmful data, in the App or any operating system. You also agree not to infringe our intellectual property rights or those of any third party in relation to your use of the App, to not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App, to not use the App in any way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, and not collect or harvest any information or data from any of our systems or attempt to decipher any transmissions to or from the servers running the App. You also agree to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.
Intellectual Property Rights
The copyright in all material contained on, in, or available through the app (excluding third party websites), including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to the GSK group of companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without GSK’s express permission.
You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use it in accordance with the terms of this Agreement.
You acknowledge that you have no right to have access to the App in source-code form.
Support
GSK does not maintain an obligation to provide technical support or maintenance for the App. The App is provided on an “as is” and “as available” basis. GSK does not make any warranty that the App will meet your requirements or that the use of the App will be uninterrupted, timely, secure or error free.
Termination
This license is effective until terminated by you or GSK which may occur at any time. Upon termination, the App must not be used and all copies must be permanently uninstalled.
Jurisdiction
This Agreement and the contents of the App shall be governed by New Zealand law and the courts of Auckland, New Zealand will have exclusive jurisdiction. Although the information in the App is accessible to users outside of the Australia, the information in the App is intended for use only by Australian residents. Other countries may have laws, regulatory requirements and medical practices that differ from those in New Zealand.