Terms of Licence
These Terms constitute a valid and binding agreement between Kukan Studio Pty Ltd ACN 097 324 297 and Holly Owen trading as Champagne for the Ladies (collectively 'We', 'Us or "Our') and you (‘You’), as a licensee to use the software that operates the Coolest Girl in School Mobile Game (‘the Game’) on your mobile phone ('Your Phone). By purchasing the Game and by using the Game you are confirming that you accept and agree to be bound by these Terms. You also agree to ensure that anyone who uses the Game on Your Phone also abides by these Terms.
You hereby agree and acknowledge that these Terms cover Your use of the Game, whether it be on Your Phone or on any other mobile phone where the Game has been installed by You or by another person.
If you breach any part of this Agreement, your licence to use the Game may be suspended or terminated without notice and you will have no right to use the Game.

1.Using the Software
1.1.The Game is not compatible with all handsets and networks. The Game is only compatible with handsets that are equipped to run Java applications. It is your responsibility to ensure that the product is compatible with your handset and network. To check if your handset is compatible with the Game see the table of compatible handsets below.
1.2.We are not responsible for supply of any operating system or application software that may be required by You to use the Game.

2.Table of Compatible Handsets:|
 
Motorola Rokre1, v975, c980, e770v, v360v, slvrl7,krzrk1, rizrz3, w510, slvrl9, v3, v3v, v3i, v3r, e398, v80, peblu6, v360, v360v, C975, E1000, v1050, v1075,
e1070, v1100, V3x, izarv3xx, razrmaxxv6, a910, e1060, rokre6, rizrz6, v1150, krzrk3, v3s, rizrz8, v8, v9, u9, z10
Nokia 3230, , n91, n72, n70, 6260, 6600, 6620, 6670, 7610, 3250, 5800, 6630, 6680, 6681, 7370, 6126, 6131, 6233, 6234, 6270, 6265, 6275, 7390, 7373, 5300, 6288, 6300, 6133, 6500c, 8600, 7900, 6555, 5610, 7500, 6280, 5310, 5610, 6500s, n71, n92, e50, n75, 6290, n76, e65, 5700, n77, 6110, 6120c, n81, n82, n81i, e90, e51, n73, 6121c, 6670, e60, e70, n80, n80i, n90, n93, n93i, n95
Samsung z540, z560, z400, p910, p920, zv50, z720, p940, a701, a711, u700, d800, d820, d830, d840, d900, e900, z110, z510, z520, z620, z710, z630, p900, p850, u600, d807, i300, d900i, p260, e840, d600, z140, z150, z300, z310, zv40, zv60, z240, z170, z230
Sony Ericsson w900i, w850i, w880i, k810i, k818i, k850i, w580i, t650i, w910i, z750i, k770i, w960i, k800i, s500i, k660i, w890i, w550i, w600i, s600, k700i, z1010, v800, z800i, k750i, sev600i, v630i, k608i, k600i, k610i, d750, w700i, w710i, w800i, w810i, z610i, z558i, z710i, k550i, w610i, k618i, w660i, k530i, v640i, v600i, w380i, z550i
Siemens Benq ef81 ,ef91, sl91, sxg75, 71, el81
LG u830, u900, ke260, ku800, ke970, ku970, ks10, u960, son80, tu720, ke800, 8210, 8290, 8330, 8380, 8500, s5300, ku250, ke520, ke500, ku380, ku385, 8130, 8138, 8150, u880, u890, u300, u310, u850, 8180, 8110, t5100, m4400
ZTE f152, f153, f156, f158, f252, f253, f256, f159, f165, p7200

3.Restrictions on Purchases
3.1.The Game may only be purchased by the bill payer for Your Phone or with the permission of the bill payer.

4.Payment of Fee
4.1.You will be charged a one-off fee of $7.00 (which includes GST for Australian customers) for the Game that you will download to Your Phone. You may incur mobile carrier data fees in relation to download of the Game software to Your Phone.
4.2 Paypal is responsible for billing You for the Game
4.3 In accepting these Terms, You also agree to be bound by the Terms of Paypal. The Terms are available through the website paypal.com.au

5.Software Licence
5.1.On payment of the applicable fee, We will grant You a limited, personal, non-commercial, non-exclusive, non-assignable, licence to download, install and use the Game on Your Phone.
5.2.You are responsible for the installation of the Game on Your Phone.
5.3.The rights to the intellectual property contained in the Game belong to Us. You are not permitted to sublicense the Game, or to sell, assign, distribute, create derivative works of, or loan, copy, modify or otherwise interfere with the rights attached to the intellectual property contained in the Game without Our prior express, written consent.
5.4.Under these Terms You acquire no rights to use or access the source code associated with the Game.
5.5.You agree not to:
5.5.1.copy, backup, reverse assemble, reverse compile or decode the Game or to ascertain the source code by any means (except as expressly permitted by sections 47B(3), 47C, 47D, 47E or 47F of the Copyright Act 1968 (Commonwealth)); or
5.5.2.charge any fee or derive any financial or other benefit from a third party through use of the Game.
5.6.You agree:
5.6.1.that the Game is a valuable asset of ours and is supplied to You on a restricted and confidential basis; and
5.6.2.that all copyright in the Game and all our other software (including files, libraries and documentation) is retained by Us and title to the copy of the Game which is delivered to You and to any copies, reproductions, adaptations, enhancements or translations made of the Game and any interfaces with the Software is also retained by Us and to the extent necessary You hereby assign intellectual property rights in same to Us;
5.6.3.at all times to take reasonable steps to protect the Game from unauthorised access and use; and
5.6.4.to give Us notice of any infringement of copyright or any of our rights which comes to your attention.

6.Modifications
We reserve the right to release subsequent versions of the Game. We may modify the Terms at any time with or without notice, and You can review the most current version of the Terms online at any time at the website www.coolestgirlinschool.com. If a modification is unacceptable to You, You must remove the Game from Your Phone. If You continue to use the Game, You will be deemed to have accepted the modifications to the Terms.

7.Appropriate Conduct and Prohibited Uses
You agree that You are responsible for your own conduct and content while using the Game and for any consequences thereof. You agree to use the Game only for purposes that are legal, proper and in accordance with these Terms and any applicable policies or guidelines.

8.Limited Warranty and Disclosure
8.1.We warrant that We have the right and authority to grant You a licence to use the Game.
8.2.Some laws (such as the Trade Practices Act) imply conditions and warranties into certain contracts. Some laws do not allow those contracts to exclude, modify or restrict those implied Terms (“non-excludable Terms”). These conditions are limited so that they do not exclude, restrict or modify those non-excludable Terms. To the extent permitted by law, our liability for breach of any non-excludable Terms is limited, in our discretion, to re-supplying the Game or the cost of re-supply.
8.3.SUBJECT TO THE ABOVE WARRANTIES AND THE ABOVE PROVISO REGARDING NON-EXCLUDABLE TERMS, THE GAME IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE NEITHER MAKE NOR APPROVE THE MAKING OF ANY WARRANTY OR REPRESENTATION THAT THE GAME WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ARE RESPONSIBLE FOR ENSURING THAT THE GAME WILL SATISFY YOUR REQUIREMENTS.
8.4.If circumstances arise where You are entitled to claim damages from Us or any other party involved in the supply of the Game or the provision of any services relating to the Game (a “relevant party”), then notwithstanding the other provisions of these Terms, our liability (and the liability of any other relevant party) to You for the aggregate of all such claims (regardless of the basis on which You are entitled to claim including, without limitation, negligence) is limited to the lesser of (a) the amount of any actual direct loss or damage which You sustain; (b) the amount of the fee most recently paid by You; and (c) our cost of replacing or repairing any defective Game. We are not liable for losses or damages of third parties claimed against You caused by our negligence. In no event will We be liable for actual or anticipated lost profits, lost savings, lost or damaged data or any incidental or consequential damages even if We have been advised of the possibility of such damages.

9.Privacy
We will collect, use and disclose any personal information about You in accordance with Our Privacy Policy which is available upon request or which can be viewed by clicking here. You acknowledge Our Privacy Policy and consent to the collection, use and disclosure of Your personal information in accordance with that Privacy Policy.

10.Indemnity by You
You agree to indemnify Us from and against all losses, damages, liabilities or costs directly or indirectly incurred by Us (including as a result of a claim by a third party) due to or arising out of or in any way connected to:
10.1.any breach of these Terms by You; or
10.2.your use or misuse of the Game.

11.Additional Terms
11.1.Neither party is responsible for failure to fulfil any obligation due to causes beyond their control.
11.2.If any provision of these Terms is found to be invalid, unenforceable or illegal, then that provision will be deemed to be deleted to the extent necessary to remove the invalid, unenforceable or illegal portion and the remainder of these Terms will remain binding.
11.3.You agree that this is the complete and exclusive statement of the agreement between You and Us and that it supersedes any other communications between all parties relating to the subject matter of these Terms.
11.4.These Terms are made in accordance with, and is subject to, the laws of South Australia. You irrevocably agree to submit all disputes arising in connection with these Terms to the jurisdiction of the South Australian courts.