Business – End User Terms of Use

These End User Terms of Use (the “Terms”) governs your usage of the mobile application created, branded and/or customized by the business (i.e. the owner, individual, company or organization indicated on the mobile app’s interface) and your usage of any update or upgrade related thereto (the “Business”, “We”, “Us”, “Our”, and “App” respectively)). These terms also govern your participation in, and usage of, our customer membership club that connects and/or integrates with our customer management solution (the “Solution”).

PLEASE READ CAREFULLY THE FOLLOWING TERMS. BY DOWNLOADING THE APP TO YOUR MOBILE PHONE DEVICE, USING OR ACCESSING IT, IN ANY WAY, AND/OR BY JOINING OUR CUSTOMERS MEMBERSHIP CLUB VIA THE APP OR OTHERWISE, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR TO ANY PART THEREOF, YOU MAY NOT USE THE APP OR JOIN OUR CUSTOMER MEMBERSHIP CLUB. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BY AGREEING TO THESE TERMS, YOU ALSO AGREE TO THE USE OF: (A) ELECTRONIC MEANS TO COMPLETE AND CONSENT TO THESE TERMS AND TO BE PROVIDED WITH ANY NOTICES GIVEN PURSUANT TO THESE TERMS; AND (B) ELECTRONIC RECORDS TO STORE INFORMATION RELATED TO THESE TERMS AND YOUR USE OF THE APP.

About the App

The App lets you engage with us through various features and content that we selected to incorporate in the App, such as informative material, customer membership club offerings, Customer Loyalty Features, social feed, unique events, sales or promotions etc.

License

Subject to these Terms, we hereby grant you a limited, revocable, non-exclusive, personal, non-sub-licensable, non-transferable, non-assignable license to download, install and use the App on a single device (whether mobile device or other) owned or controlled by you, solely for your private and personal and non-commercial use.

You may not use this App if you are younger than the legal age of majority in your local jurisdiction. In no event should anyone under the age of 13 years old use this App. Please note that the App is not directed to children under the age of 13.

The App may use or include open source software (“OSS”), including those detailed in these notice files:

http://app4mobilebiz.wpengine.com/open-source-credits-and-notices.html.

To the extent so stipulated by the license that governs each OSS (“OSS License“), each such OSS is subject to its respective OSS License, not these Terms. If, and to the extent, an OSS License requires that these Terms effectively impose, or incorporate by reference, certain disclaimers, provisions, prohibitions or restrictions, then such disclaimers, provisions, prohibitions or restrictions shall be deemed to be imposed, or incorporated by reference into these Terms, as required, and shall supersede any conflicting provision of these Terms, solely with respect to the corresponding OSS which is governed by such OSS License.

If, and to the extent, an OSS License requires that the source code of the OSS it governs be made available, and directions as to the online location of the source code were not indicated in the above notice file, a written offer is hereby granted, valid for the period prescribed in such OSS License, to obtain a copy of the source code of the OSS. To take up this offer, contact us.

Acceptable use of the App

You acknowledge and agree that you are solely responsible for all acts or omissions associated with your access and use of the App and the access and use of the App by anyone on your behalf. When using the App, you shall refrain from willfully, or negligently:

    • Modifying, copying, making available publicly, making derivative works of, disassembling, de-compiling or reverse engineering the App;
    • Breaching these Terms or any other applicable guidelines related to the App;
    • Interfering with, damaging or impairing the functionality of the App or any third party’s use of the App;
    • Circumventing or manipulating the operation or functionality of the App or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the App.
    • Breaching the security of the App or identifying any security vulnerabilities in it;
    • Using or attempting to use robots, crawlers and similar applications or methods to collect, scrape or compile content from the App;
  • Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, mass email, spam, export control, consumer protection, unfair competition and false advertising; and/or that would violate third party rights (including, without limitation, our rights, the rights of our service providers and/or the rights of other users).

Some of the App features may require you to open an account and provide login details (username, password or equivalent). You hereby represent that you will keep your login details in confidentiality and not share them with or transfer them to any third party. Neither our service providers nor the Business shall be liable for any unauthorized access to your account or misuse of any benefits associated with your account, where these result from your failure to keep your login details confidential. You agree to notify us immediately in regard of any unauthorized access or use of your account. Neither our service providers nor the Business shall be liable for any loss or damage arising from unauthorized access to or usage of your account or from your failure to comply with the above requirements. You agree that the information you provide on your account will be true, accurate, current and complete.

You may not access or use the App in order to develop or create a similar or competitive product or service.

We may temporarily or permanently prohibit you from using the App and take measures to keep you off the App, if we determine that you have abused your rights to use the App, breached these Terms, or performed any act which is harmful or likely to be harmful to us, our service providers, or any other third party or user.

Payment Processors

We may customize and/or operate an online store within the App, which may allow you to place online orders and purchase certain goods and/or services that the we offer (“Product(s)”). In order to purchase Products through the App, you will be requested to provide your credit card details and personal information which are required for processing the payment for the Product(s) (“Credit Card Details”). You may choose that the Credit Card Details will be saved for future purchases as well. The Credit Card Details are submitted by you on a webpage (embedded in the App) of a payment processor (the “Payment Processor”). The Payment Processor will process your payment(s).

E-Commerce, Third Party Elements and Conduct

We may customize the App and/or be assisted by other service providers to customize the App for us, by adding various sorts of content, materials, data, links, images, promotions, services and other components (collectively “Third Party Elements”). To the maximum extent permitted by law, we do not own, have control of or take any responsibility for Third Party Elements and a service provider is not responsible or liable for the actions or omissions of other service providers.

The App may include areas, features, frames or sections dedicated to e-commerce or scheduling services that may allow you to place online orders for certain Product(s) or may allow you to schedule an appointment with the Business. E-commerce Products, offerings, appointment scheduling, dealings, transactions and interactions are customized and handled by us and may be supported or enabled by third parties’ services linked to, embedded in or integrated with the App (for example: e-commerce platforms such as Shopify, scheduling service providers such as PingUp and payment services providers such as PayPal, Blue Snap and Stripe; all collectively “E-commerce Providers”).

TO THE MAXIMUM EXTENT PERMITTED BY LAW: WE ARE NOT RESPONSIBLE FOR, AND DO NOT WARRANT, THE ACCURACY, COMPLETENESS, TIMELINESS, ADEQUACY, APPROPRIATENESS OR LEGALITY OF ANY THIRD PARTY ELEMENTS, PRODUCT DESCRIPTIONS, PRODUCT PRICES, OR E-COMMERCE OFFERINGS, DEALINGS, SERVICES TRANSACTIONS AND INTERACTIONS. To the maximum extent permitted by law, you assume full responsibility for, and the risks of, (a) using Third Party Elements, reliance on appointment scheduled, reliance on the content conveyed by Product descriptions and/or Third Party Elements, and (b) engaging in any e-commerce offerings dealings, transactions and interactions to purchase any Product(s) or while using Third Party Elements. Any and all communications between you and the Business, all e-commerce and other kinds of dealings and transactions conducted in connection with the App, any appointment scheduling and all legal or other consequences resulting from the above, are strictly between you and the Business and/or the E-commerce Providers. Other service providers are not a party to those communications, dealings and transactions and, therefore, are not responsible or liable for such interactions, dealings and transactions.

All purchases of Products that you make or appointments that you schedule, are a direct engagement between you and the Business or pertinent E-commerce Providers. Payments for Products are made directly to the E-commerce Providers or to the Business using the E-commerce Providers services or the Payment Processor, as applicable. The Business or E–commerce Provider (as the case may be) is solely responsible for fulfilling and shipping your order, providing related customer support and warranty service and processing refunds, returns and exchanges (if and where applicable). Without derogating from the generality of the above, the E-commerce Providers and/or the Business, as the case may be, and not other service providers, are the “provider(s) of an electronic commercial service”, as this term is defined in the California Electronic Commerce Act of 1984 or its equivalent in the law applicable to you.

You understand and acknowledge that the powering the App by a service provider does not constitute a recommendation, endorsement or encouragement by such service provider, to engage with the Business in any transactions, dealings or interactions or procure any Products, including with the E-commerce Providers or any third party nor an authorization or representation of an affiliation with the Business, E-commerce Providers or any third party.

You acknowledge that Third Party Elements as well as Product and e-commerce offerings may be modified or removed at any time.

The App may include promotions, advertisements and commercial or non-commercial information (the “Ads“). By clicking the Ads you may be transferred to an advertiser’s website or location or receive any other messages, information or offers from the advertiser and from others. To the maximum extent permitted by law, we and our service providers are not responsible for any of the advertisers’ practices including their privacy practices, or for the content of their websites, information, messages or offers.

IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICE PROVIDERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY ACT OR OMISSION OF THE BUSINESS OR ANYONE ACTING ON THE BUSINESS’S BEHALF.

Customer Loyalty Features

Participation in, or use of, any feature that is: (a) intended to enhance customer retention or loyalty to the Business; and/or (b) made available to you on the App after joining a Business’s customer membership club which is powered by the Solution, is subject to the following terms and conditions:

The Customer Loyalty Features may include, without limitation, the following features:

Scratch Cards

Online scratch cards are simple, quick and easy game to play as the main action is simply to click in order to unveil a rewards, discount or other benefits (“Benefits”) that is hidden behind scratch panels without any metallic dust involved. Some scratch cards will entitle you to a prize within an individual game and some won’t. The Benefit is selected by the Business to which you registered to play its online scratch card.

In order to play, you may be required to register to the Business customer membership club, have to key a unique 4-digit participation code which may be provided to you by the Business at its premises or make it available by scanning a QR code or a poster or in any other way which may be available to you. The Business should not require you to make a purchase in its place of business or through the App in order to receive the participation code. The QR code may also appear on your App and/or be readable by the Business’ mobile device or point of sale (“POS”).

The scratch card can be redeemed only when you are physically present at Business’ premises: you’ll need to show the Business the App notice of your Benefit and click the “Redeem” button (or its equivalent). The Business may need to key in a code into your App, scan a QR code or use another feature available to you on the App in order to redeem your Benefit. If the Business POS is connected to our servers, then you should provide the code presented on your App after clicking “redeem”, to the Business, whose staff will then enter the code into the POS. Do not click the “Redeem” button or try to redeem a Benefit otherwise, unless you are at the Business’ premises and actively presenting your Benefit to the Business instantly.

PLEASE NOTE: the online scratch cards in your App are in no way sponsored, endorsed, administered, or associated with Apple, any other application marketplaces, or our service providers and none of these entities is involved in the scratch card activity in any manner. The scratch card Benefits are not products of Apple (as defined below), any other application marketplaces, or any other service provider, but solely offered by the Business to which you have registered to play its online scratch card. Our service providers have no control of, and do not take any responsibility for, any offering made to you or your Benefit for the online scratch card.

Point Accumulation Plans

These loyalty plans allow you to earn points for each purchase you make in the Business’s premises and/or other actions taken by you on the App and/or otherwise, as solely determined by the Business (e.g. share with Facebook, joining the Business’s members club).

The points earned by you, can be redeemed, at a conversion ratio pre-determined by the Business. Your aggregate number of points will be presented to you via the App.

Punch card

This loyalty feature allows you to collect virtual punches on your App’s punch card. When you’ve collected a number of punches in the amount pre-determined by the Business, you will be eligible to get a Benefit. A “punch” may be a purchase in Business’ premises, an action on the App (e.g. sharing something on social media) or any other action as determined by the Business. Subject to any specific punch card rules, if the Business is connected with the POS that we are also connected with, and a certain item is referred to the punch card, then whenever you make a purchase of that item at the business’ premises, your App punch card should be automatically punched. Otherwise, the Business may provide you with a punch code upon completion of your purchase of that item at its premises, which you’ll then need to enter into the App in order to punch the ‘virtual’ card.

Pre-paid Card

This loyalty feature allows you to purchase a pre-paid punch card entitling you to a fixed number of items that you may redeem at the Business premises, via the App or otherwise as solely determined by the Business. Items from a pre-paid card are redeemable until the expiration date indicated on the card. Our service providers will not be responsible for any card not honored by the Business for any reason or any disagreement or dispute in regard of such card. For any such dispute please contact us.

Pay with Budget

This loyalty feature allows you to charge your App with certain amount of USD (or any local currency that was made available to you on the App) by paying the same amount to the Business via your credit card (the “Budget”). With the Budget, you may purchase items from the Business until such amount reaches a balance of zero (0).  Your current Budget will be displayed on the App and purchased items could be made via the App, at the Business premises or otherwise as solely determined by the Business. You may recharge your app with an additional amount for so long as this feature is available to you on the App. Our service providers will not be responsible for any card Budget not honored by the Business for any reason or any disagreement or dispute in regard of your Budget.

Coupons

This loyalty feature is offered to you on the App by the Business as a coupon which carries a coupon code (e.g. a number or a barcode, including QR). To use the coupon, the coupon code needs to be keyed, scanned and/or read at checkout/payment page or by the cashier in the Business premises only. Only one coupon may be used for each transaction, unless stated otherwise on the coupon. Each coupon can be used only within the valid dates thereon. Expired coupons will not be accepted. Coupons may be subject to certain limitations and/or preconditions as indicated thereon. Fraudulent or counterfeit coupons (as determined by the Business) will not be accepted. Coupons cannot be exchanged for cash or gift cards. The Business reserves the right to honor, limit the use of or revoke any coupon. The Business may decide in its sole discretion not to honor coupons which it does not recognize, are not present in the Solution database/lists or have allegedly already been used. Coupons not honored shall be deemed invalid. Coupons applied at the Business are non-refundable. The services of third parties may be used to issue and/or distribute coupon(s). Such third parties will not be responsible for the content of the coupon(s), their terms, usage or validity. Our service providers will not be responsible for any coupon not honored for any reason or any disagreement or dispute in regard of such coupons.

General Club Deals

The Business may, upon its sole discretion, determine that certain Benefits shall apply to registered club members, or to certain groups of members. In order to receive Benefit(s) you may have to actively identify yourself to the Business as a registered member and may have to provide with identification details (such as: name or phone number). If you do not actively identify yourself to the Business, you may not receive the Benefit you are entitled to.

Customer Loyalty Features Expiration/Termination; Disclaimer.

Subject to any applicable law, each of the above Customer Loyalty Features on your App will automatically expire upon any of the following events: (a) use of the specific feature’s credit/budget or redemption of a Benefit; (b) upon the specific feature or Benefit expiration date which is indicated on the specific feature or the Benefit; (c) if you remove the App from your mobile device; (d) if the Business has decided to cancel a specific feature and/or Benefit for any reason; (e) the agreement between us and our service providers used to provide such items is breached by us, expires or terminates for any reason; and (f) the Business terminated its developer account and/or its App in the App Store. Notwithstanding the foregoing, you may redeem certain Benefits and/or continue to use your gift card, pre-paid punch card and/or budget and/or any other available loyalty feature offered to you by the Business (if not expired or redeemed by you) by engaging with the Business directly.

The Business may, at any time and without notice: (a) suspend or cancel any Customer Loyalty Features and/or Benefits in the event of violation of these Terms or any part thereof by you; or (b) terminate any Customer Loyalty Feature in its entirety. In addition, the Business (or a person or company acting on its behalf) may decrease the number of points or other benefits which you (allegedly) earned for various reasons such as: (a) if they have been granted to you by mistake or as a result of an error or bug in the Solution or the Business POS; (b) if you returned a purchased item to the Business; or (c) otherwise if any you earned them not in accordance with these Terms. In addition, the Business may offer you an equivalent alternative benefit, provided that its value is equivalent to or greater than your accumulated benefit. Any dispute arising from such decrease will be settled between you and the Business only. Our service providers shall have no liability in regard of any dispute arises from the number of points earn by you, the amount of USD on your gift card or Budget or any Benefit or item not provided to you by the Business.

In any event, no refunds, recharged or cashed out will be available to you for unused points, coupons, virtual USD on your gift card or any benefit un-redeemed for any reason.

If a purchased item is returned by you to the Business’ premises, then the Business may: (a) charge you for the same amount of points earned by you when purchasing such item; (b) cancel your entitlement to a Benefit; or (c) cancel your last punch; coupon, discount etc.

You acknowledge and agree that the Business may use the Solution, including the App in innovative, dynamic and/or creative manners due to its variety of options and capabilities and, therefore, the Business is and will be solely responsible and liable for any and all Loyalty Features, dealings, transactions, offerings, promotions etc. made available to you via the App or otherwise via any platform supported by the Solution.

OUR SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR ANY OF THE FOLLOWING, AND DO NOT WARRANT: (A) THAT THE BUSINESS WILL PROVIDE YOU WITH ANY BENEFIT EARNED BY YOU OR OFFERED TO YOU VIA THE APP OR OTHERWISE, (B) THAT THE BUSINESS WILL HONOR ANY CREDIT, BUDGET, BENEFIT OR OTHERWISE THAT YOU MAY BE ENTITLED TO, AND (C) ANY CUSTOMER LOYALTY FEATURE OR BENEFIT QUALITY, VALUE, FITNESS, ACCURACY, COMPLETENESS, TIMELINESS, ADEQUACY, APPROPRIATENESS OR LEGALITY. You assume the full responsibility and risks of using any Customer Loyalty Feature on the App and/or engaging in any offerings by the Business. Any and all communications between you and the Business, any transactions conducted in connection with these features, and all legal or other consequences resulting from the above, are strictly between you and the Business. Our service providers are not a party to those communications, dealings and transactions and, therefore, are not responsible or liable for them.

Privacy

We respect your privacy. Our End User Privacy Policy explains the privacy practices (a) on the App(s) created by using the Solution, and/or (b) when you join the Business’s customer membership club powered by the  Solution, whether you do so via the App or otherwise by offline means. To the maximum extent permitted by applicable law: the End User Privacy Policy is incorporated by reference to these Terms and you must not use the App or join the Business’ customer membership club powered by the Solution unless you have read, understood and show conformity to the terms of the End User Privacy Policy.

Intellectual Property

All rights, title and interest in and to the App, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith are reserved and, as between you and us, are owned either by us or our service providers, or licensed to us or to our service providers. In any event, you shall not claim any intellectual property or proprietary rights with respect to any part of the App, the Solution or any related assets. The logos of our providers, including, for example, the E-commerce Providers, are the proprietary trademarks of their respective owners.

Unless expressly permitted in these Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, execute or make available publicly, adapt, commercially use, process, compile, translate, sell, lend, rent, reverse engineer, modify or create derivative works of the App or any of the content thereon or thereof, either by yourself or by a third party on your behalf, in any way or by any means.

You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to our service providers’ or the Business’ trademarks, services marks and logos. You must refrain from any action or omission which may dilute, or tarnish our service providers’ or any Business’ goodwill. You shall comply at all times with applicable laws and shall not violate any third party rights, the Business’ rights, our service providers’ rights and/or other users’ rights.

To the extent permitted by applicable law: this is your electronic agreement to receive SMS text messages and/or Commercial e-mails; E-Sign Disclosure (Receipt of Messages)

To the maximum extent permitted by law:

You hereby agree to receive from, or on behalf of, the Business future commercial SMS messages delivered via our or our vendors’ ‘automated telephone dialing system’ to your mobile phone and/or commercial e-mails delivered via our or our vendors’ platforms to your e-mail box, as provided by you voluntarily upon your registration to Business’s customers members club (via the App or otherwise). Your consent to receiving SMS text messages and/or commercial e-mails from the Business is not in any way required as a condition of purchasing any items, goods or services from the Business.

By consenting to receiving commercial SMS messages and/or commercial e-mails from the Business, you also consent to the use of an electronic record to document your agreement. If you wish to receive a copy of this disclosure kindly send us an email.

You further agree that if you have already provided your consent to receive commercial SMS text messages and/or commercial e-mails from or on behalf of the Business from our or our vendors’ platforms via any written or non-electronic form, then such consent will also apply to these Terms. The SMS messages and/or commercial e-mails will include informative and/or promotional content, solely as determined by Business, and will be sent only to users who expressly agreed to receive such messages from the business via the Solution. For clarity, the nature, scope and frequency of the SMS text messages and/or commercial e-mails will be determined solely by the Business, and not by our service providers. SMS text message and data rates may apply depending on your plan with your wireless or other applicable provider.

If you wish to revoke your consent to any future SMS text messages and/or commercial e-mails from or on behalf of the Business via the Solution, you may do so, at any time, electronically, by clicking on the “unsubscribe” link at the end of each SMS text message and/or commercial e-mail you receive from or on behalf of the Business, or follow other instruction for unsubscribe, as stipulated in the message or email sent to you, and you will be automatically removed from the applicable SMS and/or applicable e-mailing lists on the Solution. Please note that different channels may require different unsubscribe actions and unsubscribing from one channel does not necessarily mean that you will be fully unsubscribed for all channels. In any event, you may also send us a writing request or call our main office and request to be removed from the SMS and/or e-mailing lists on the Solution.

Removal or deletion of the Mobile App neither revokes your consent to receive any future SMS text messages and/or commercial e-mails from or on behalf of the Business via the Solution nor does it automatically unsubscribe you from the Business’s customer membership club.

In any event, you may also send us a writing request or call our main office and request to be removed from all marketing communications used by us. These requests will be handled by us in accordance with applicable law.

For End Users in the US, please note the following additional SMS text message terms: message and data rates may apply for recurring messages program. Reply STOP to 35342 to opt out of this program; for help
reply HELP to 35342 or email us. Carriers are not liable for any delays or undelivered messages. The following carriers are supported: Verizon Wireless, AT&T, Sprint, T-Mobile®, Boost, Virgin Mobile USA &amp, Metro PCS.

Our service providers expressly disclaim any and all liability in connection with any SMS text messages and/or commercial e-mails sent to you from or on behalf of the Business via the Solution.

Location Based Services

You may be provided offers and/or promotions based on your location as collected by us (“Location Based Services”). Location Based Services may apply whenever your geo-location is made available to us by your mobile phone operating system or from other available sources that we are connected with such as purchases you make at the Business premises, location Beacons (as explained below) etc.

A beacon is a device designed to attract attention to a specific location by using Bluetooth low energy signals (“Beacon”). Once your mobile phone device identifies a signal from a specific Beacon, the App will send such identification to our servers. By receiving such identification, we will assume that you are physically located in proximity of the location of that respective Beacon as registered in our database.

Requests to Remove Content

Any requests to remove copyright infringing content from the App, or counter requests to repost content, on grounds of mistake or misidentification of the content, must be made in accordance with applicable law and will be handled in accordance with applicable law.

Changes in the App

To the maximum extent permitted by law, you grant the Business your express consent to remotely send and automatically install on your mobile device, without any prior or additional notice, updates, upgrades, code modifications, enhancements, bug fixes, improvements and any other form of code or settings changes in or to the App, which, among others, may:

    • Automatically and without additional notice, restore settings and preferences that had originally been set by a previous version of the App, but were then subsequently modified by another application; or
  • Change the App’s layout, design or display.

We may also, at any time and without prior notice, change the scope or availability of the App’s related content or services, add or remove features and change the functionality and/or name of features.

Such changes by their very nature may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICE PROVIDERS AND THE BUSINESS DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.

App Availability

The availability and functionality of the App depends on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault free. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICE PROVIDERS AND THE BUSINESS DO NOT WARRANT THAT THE APP WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS OR UNAUTHORIZED ACCESS.

Changes to the Terms

From time to time, we may change these Terms. Changes will take effect within 7 days as of publishing through the App. Your continued use of the App after the amended Terms have entered into effect will constitute your acceptance of the amended Terms. In case of a legal requirement, we may also introduce immediate changes to these Terms and require that you affirmatively accept them, in which case you will not be able to continue using the App if you do not accept the amended Terms. In any event, the most updated version of these Terms will always be accessible through the App’s settings menu.

DISCLAIMER OF WARRANTY

THE APP IS PROVIDED FOR YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. OUR SERVICE PROVIDERS AND THE BUSINESS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APP AND THIRD PARTY ELEMENTS, INCLUDING ANY WARRANTIES OF BUSINESS-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APP AND ALL THIRD PARTY ELEMENTS IS ENTIRELY, TO THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE AND OUR SERVICE PROVIDERS, INCLUDING WITHOUT LIMITATION OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS (THE “INVOLVED PERSONS”) SHALL NOT BE LIABLE, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE APP OR THIRD PARTY ELEMENTS, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OR AVAILABILITY OF THE APP OR THIRD PARTY ELEMENTS, OR FROM ANY FAULT, OR ERROR MADE BY THE INVOLVED PERSONS’ STAFF OR ANYONE ACTING ON THEIR BEHALF, OR FROM YOUR RELIANCE ON CONTENT OR THIRD PARTY ELEMENTS AVAILABLE ON OR THROUGH THE APP, OR FROM ANY COMMUNICATION, INTERACTIONS, DEALINGS OR ENGAGEMENTS MADE OR ATTEMPTED THROUGH THE APP – WHETHER OR NOT THE INVOLVED PERSONS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE TO UNINSTALL AND CEASE ANY USE OF THE APP.

Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, the Involved Persons and anyone acting their behalf, at your own expense and immediately after receiving a written notice thereof, from and against any damages, losses, liabilities, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, or demand, arising from, or in connection with, your use of the App, your breach of the Terms, your violation of applicable laws, any other terms, rules or regulations applicable to the App, or your violation, or infringement of other persons rights, including, without limitation, the Business’ rights, our service providers’ rights and/or other users’ rights.

Term, Termination and Survival

We, may at any time, at our sole discretion, terminate or suspend the operation of the App, its services, features, or any part thereof, temporarily or permanently. Efforts will be made to publish a termination or suspension notice reasonable time beforehand. To the maximum extent permitted by law, you agree and acknowledge that our service providers and the Business do not assume any responsibility with respect to, or in connection with, the termination or suspension of the App’s operations, services or features.

You may terminate these Terms at any time, by uninstalling the App from all devices in your possession or control. We may terminate these Terms and your license to use the App, at any time by issuing you notice of such termination or in any other manner contemplated by these Terms. Upon termination, you must discontinue any use of the App and uninstall the App from all devices in your possession or control.

To the maximum extent permitted by law, upon termination of the App’s operation or any service or feature provided by the App, any benefits or rights to benefits which you have earned during the usage of the App may expire immediately, subject to the sole discretion of the Business, without giving rise to any liability to our service providers. Removal of the Mobile App does not automatically unsubscribe you from the Business’s customer membership club.

The following sections shall survive the termination, or expiration of the Terms: Third Party Elements, Privacy, Intellectual Property, Receipt of Messages, Requests to Remove Content, Disclaimer of Warranty, Limitation of Liability, Indemnification, this section (Term, Termination and Survival) and Governing Law & Jurisdiction.

Application Marketplace

Your use of the App may be subject to additional third party terms and conditions that govern that application marketplace or app store from which you downloaded the App. Those other third parties may be beneficiaries of these Terms, pursuant to those marketplace’s terms. Such other third parties are not responsible for providing maintenance and support services with respect to the App.

The following terms apply if you downloaded the App from Apple’s App Store. You and the Business agree and acknowledge as follows:

These Terms are not concluded between yourself and Apple Inc. (“Apple“). Apple is not responsible for the App. With respect to any donation feature in the App (if the App includes such feature), you acknowledge and agree that Apple is not the fundraiser.

In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.

The license granted to you for the App is limited to a non-transferrable license to use the App on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing.

In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no obligation whatsoever to furnish any maintenance and support services 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 not be at Apple’s responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (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.

In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.

You must comply with applicable third-party terms of agreement when using the App (e.g. you must not be in violation of your wireless data services agreement when you use the App).

Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. 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.

Governing Law, Jurisdiction

To the maximum extent permitted by law, these Terms and your use of the App will be governed by and construed in accordance with the laws of United Kingdom, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than United Kingdom.

To the maximum extent permitted by law, the Courts located in London shall have sole and exclusive jurisdiction over you and the Business and the subject matter of these Terms and each party hereby expressly consents to personal jurisdiction in United Kingdom and expressly waives any right to object to such personal jurisdiction or the convenience of such forum.

Notwithstanding the foregoing: (i) the Business, the Involved Persons and/or our service providers may lodge a claim against you pursuant to the indemnification clause above, in any court adjudicating a claim, in which case the law that governs that claim shall also govern the indemnification claim against you and/or (ii) the Business, the Involved Persons and our service providers may also seek injunctive relief in any court of competent jurisdiction in any country where the infringement, violation or action takes place.

Notwithstanding the above, you may also lodge claims as permitted by the laws or regulations applicable in your country of residence. Nothing in these terms is intended to limit or exclude your mandatory or statutory rights under applicable laws or regulations, unless such applicable laws and regulations allow the limitation or exclusion of such rights in which case you agree to the exclusions and limitations provided for in these Terms to the maximum extent permitted by such laws and regulations.

General

Notwithstanding anything to the contrary and to the maximum extent permitted by law, you agree that each of our service providers, processors, licensors and third parties are intended third party beneficiaries of these Terms and that the provisions of these Terms are enforceable by any such third party in addition to us. Such third parties may, at their sole discretion, enforce any rights and/or obligations against you at law or in equity and are entitled to rely upon all rights, representations, warranties and covenants made by you in these Terms to the same extent that we are.

These Terms constitute the entire agreement concerning the subject matter herein and may only be modified by you with the Business’ written consent. No waiver by the Business or its service providers will be effective unless consented to explicitly and executed in writing by authorized representatives. Failure on our part or our service providers’ part to demand performance of any provision in the Terms or claim or exert or claim any right or remedy shall not constitute a waiver thereof. The Business may determine and/or make available separate terms for its customer club (“Business Terms”). In any discrepancy between these Terms and the Business Terms, these Terms (i.e. Business End User Terms of Use) shall prevail with respect to the conflicting provisions. You may not assign or transfer your rights and obligations under the Terms. Any attempted or actual assignment thereof by you will be null and void. The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms. “Including”, whether capitalized or not, means without limitation. If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.

Contact Us

At any time, you may contact the Business with any question, claim or complaint that you may have with respect to the App.

For your convenience, these Terms may be translated from English to several other languages. Please note that in any discrepancies between the translation available to you (if any) and the English version, the English version shall prevail.

Last Updated: 25-08-19