End-user License Agreement

Star Date Terms of Service (End User License Agreement)

Trademark

Star Date® is a registered trademark in Australia, and where trademark registration does not apply, Star Date Pty Ltd claims "Star Date" is otherwise a trademark and or brand known through everyday use and common knowledge.

Terms

1. Please read this End User License Agreement ("EULA") before you begin using the software and like services provided by Star Date Pty Ltd. This EULA is a binding lawful agreement between you and Start Date Pty Ltd and is enforceable at law.

2. By using our software, searching for information, providing information to us, using our ''Intelligence' service, using our weather services, allowing us to collect information about you, using our services, deriving information from our services, advertising with us or other use of our Services, you agree to be bound by the terms of this EULA.

3. If You do not agree with the terms of this EULA, please do not use Star Date Pty Ltd Services.

4. If you accept the terms and conditions in this EULA on behalf of a company or other legal entity, you warrant that you have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

5. Star Date Intelligence uses ChatGPT and other machine learning and artificial intelligence services. We do and cannot guarantee the accuracy, completeness, or reliability of the information provided. This service is experimental. Do not rely on the Star Date Intelligence service and your use is entirely at your own risk.

6. 6. Star Date uses weather services from third parties to provide weather information. We do not and cannot guarantee the accuracy, reliability or completeness of any weather information provided.

Definitions

7. In this EULA, the expressions shall have the meaning assigned to them in this clause, unless the context requires otherwise:

  1. "Our" or "Star Date" or "Us" means Star Date Pty Ltd, its entities, partners, third-party service providers, contractors, dealers, distributors, agents, data centres or employees.
  2. "User" or "You" means a person, company or entity that uses our services.
  3. "Services" or "services" means software services, general services, technology services, search services, research services, advertising services, recording of information by software and electronic or mechanical means, storage of information, provision of information in any form or format whether electronic or mechanical or not electronic, categorisation of information, collections of data, the ranking of information, assessment of information, making your data available for any purpose, or our decision not to use or collect data, or the like as provided by us.
  4. "Data" means information that we gather, use and or store whether electronically, mechanically or otherwise.
  5. "Use" means accessing, searching, downloading, installing, copying, interacting with or obtaining benefit from using any of our Services.
  6. "User Data" means User-supplied information or information obtained about a User where that information can be expressly linked to the User (data that cannot be explicitly linked to a User is anonymous data and is therefore not User Data).
  7. "Fair Use rules" means the way we use your data which is intended to be fair to You and yet not so restrictive that we cannot use the information to improve our Services and help others.
  8. "Updates" means any modified versions of our Services.
  9. "Intellectual Property Rights" means all rights in, to, or arising out of any trademark, copyright, patent, pattern, design, or such like original works whether local, international or foreign laws apply for any Service we provide. This shall include all reissues, divisions, continuations, renewals, extensions and continuations-in-part thereof, inventions (whether patentable or not in any country), invention disclosures, improvements, trade secrets, proprietary information, know-how, technology and technical data, copyrights, copyright registrations, mask works, mask works registrations, software, moral rights, trademarks, and rights of personality, privacy and likeness, whether arising by operation of law, contract, license or otherwise; and any other similar or equivalent proprietary rights anywhere in the world.

General

8. This EULA applies to any licenses granted to You by Star Date.

9. By using our Services, whether on a paid basis, free basis or otherwise, you enter into this EULA with Star Date.

10. This EULA may be modified from time to time. By continuing to use Star Date's Services, you agree to any modifications to this EULA.

Licenses

11. Star Date grants to You a non-exclusive, non-transferable, limited, revocable license to Use the Star Date Services in accordance with this EULA. Star Date reserves all rights not expressly granted to You.

12. Star Date remains the owner of any intellectual property rights with respect to our Services. Where you provide information to Star Date, where we generate data and ideas from your information whether used solely from you or collectively with information from other Users, or we otherwise collect information about you, all intellectual property arising from the use of your data shall remain the sole property of Star Date Pty Ltd, and otherwise all rights go to Star Date.

Permitted Use and Restrictions

13. You must not rent, lease, lend, sell, redistribute, sublicense, sell or advertise to sell or otherwise commercially exploit Star Date Services.

14. You must not delete or alter any disclaimers, warnings, copyright notices, trademark symbols, intellectual property notices, or other proprietary notices accompanying any Star Date Services.

15. You must not copy, adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of Star Date.

Maintenance and Support

16. Any maintenance and support provided by Star Date, may at our choosing include administration charges where we are legally entitled to make such charges. Those charges must be fair and reasonable in the circumstances which are in line with the commercial costs of the task being performed.

17. Where third party data is asked to be modified, or where we choose to make enquiries with third parties on your behalf, You agree that you will incur our fair and reasonable administration charges for any and all services in relation to that third party data.

18. Any maintenance and support services provided by Star Date are not professional services, and You shall not rely on the information in any way as legal advice, financial advice, accountancy advice, information technology advice, psychological advice, psychiatric advice, medical advice or the like.

19. The materials on this website are provided on an 'as is' basis. We makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Use of Data

20. Unlike Khan or the Borg we are not bad. You can tell us what information we can collect and how to use the information we collect, and we will respect how you want us to use your data. Check your privacy settings and tell us how we can and cannot use your information.

21. Star Date may periodically collect and use the information your provide including the information you provide to us directly (e.g. by entering your name in a field and saving it) or indirectly (e.g. by collecting data about your interests, purchases, likes, dislikes, preferences and any and all other information we may discern or infer about you), including technical and related data concerning the Star Date Services You use including about your computer, device and software. Star Date will use your data to provide our Services to you.

Fair Use Policy

22. This is Star Date's fair use policy, which describes how we will fairly use your personal information and data. This Fair Use Policy means we may use your information and data to provide you with our Services and to make our Services better, more suitable to you.

23. We may use your information and data to allow advertisers to provide adverts through us, to you, where we are linking you to an advertiser's products or services where you have a choice to engage with that advert or not (but we will not directly provide your personal information to an advertiser). Advertisers may be able to infer that you clicked on their advert as you will be redirected from our website and in some cases, they may see your Internet Protocol address in billing documents.

24. As a part of our Fair Use Policy, we may gather statistics about you and provide that information to third parties. This information shall not directly identify you, but it may include general information about your likes, dislikes, preferences, background, personality, traits, habits, purchases, medical information (provided that it does not directly identify you and where we may lawfully collect and/or provide it), devices, software you use, exercise data, the country, suburb or town where you live (but not your address or information that can be used to locate you).

25. Star Date may process personal data with respect to You, if and to the extent necessary to provide the Services and to comply with its obligations under this EULA and the laws where we operate.

26. Star Date will comply with its obligations under applicable data protection laws.

Disclaimer

27. You Use Star Date Services at Your own risk and the entire risk as to the satisfactory quality, performance, availability and accuracy are with You.

28. Star Date does not provide to you in any way, any guarantee as to the availability or continuation of any of our Services. No rights shall accrue to You through the long use or reliance on our Services whether You are an individual, business, government or another type of entity.

29. Star Date Services are provided on an "as is" and "as available" basis without warranty - express or implied - of any kind, and Star Date disclaims explicitly any warranty of fitness for any particular purpose. No oral or written advice given by Star Date shall create a warranty or in any way increase the scope of this warranty, and You may not rely upon such information or advice.

30. If you choose to store data, files or the like with Star Date, we provide no warranty – express or implied – as to the future availability or accessibility of that information.

31. The materials on Star Date's website are provided on an 'as is' basis. Star Date makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Star Date does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website, including ChatGPT results or other artificial intelligence services or otherwise relating to such materials or on any sites linked to this site.

Liability Limitation

32. You hereby indemnify Star Date of any and all liability for any third party, including information that we collect from others and provide to You, or otherwise arising out of or in any way related to our Services.

33. You hereby indemnify Star Date of any and all liability in relation to our Services for any virus, worm, phishing attack, malicious code, cookie theft, DNS spoofing, keylogger injection, eavesdropping, UI redress, software exploit, session hijacking, IOT attack, cross-site scripting or the like.

34. Star Date and any third party that has been involved in the creation, production, or delivery of any of our Services are under no circumstances, liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use our Services).

Termination

35. This EULA will continue to be in force for so long as our Services are available, and You use our Services.

36. Star Date is entitled to terminate our Services with immediate effect and without prior notice to You or anyone if you fail to comply with the terms in this EULA, or in the event, Star Date is required to do so by law or an order of a court of competent jurisdiction, or we otherwise choose to stop providing any or all Services.

37. You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect even after the termination of this EULA.

Accuracy of materials

38. The materials appearing on our website could include technical, typographical, or photographic errors. Star Date does not warrant that any of the materials on its website are accurate, complete or current. Star Date may make changes to the materials contained on its website at any time without notice. However Star Date does not make any commitment to update the materials.

Links

39. We have has not reviewed all of the sites we provide links to and information on, and we are not responsible for the content of any sites. The inclusion of any link does not imply any endorsement by us about the site. Use of any such linked content or website is at the user's own risk.

Governing Law

40. These terms and conditions are governed by and construed in accordance with the laws of Australia and the law of the State of Victoria and you irrevocably submit to the exclusive jurisdiction of the Courts.