Wine Picker, owned and operated by The Wine Collection Limited (hereinafter referred to as the “Company” or “We” or “Us” or “Our” or “Application” or “App”), with its office located at 26 Banyard Road, SE16 2YA London. Wine Picker is a social wine application that improves Users (hereinafter referred to as “You” or “Your”) wine life in any setting. The app is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
By using the services of our app, users agree to comply with and be legally bound by these terms and conditions. These Terms govern users’ access to and use of our app, its Services, all Collective Content and constitute a binding legal agreement between users and our App.
The use of our app’s services constitutes user’s consent to, and agreement to, abide by the most current version of these terms and conditions (the “Terms”). Our app may at any time revise these terms and conditions by updating the Terms. Users agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for users’ review under the “Terms & Conditions” link that appears on the homepage of our app.
Our app reserves the right to initiate legal proceedings and recover the cost of services, collection charges and lawyers fees from users using our app fraudulently and any other unlawful acts or acts or omissions in breach of these terms and conditions.
IN USING OUR APP, USERS ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. USERS AGREE TO USE THE SERVICES OF OUR APP ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT USERS’ OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND OUR APP.
1.1 “Wine Picker” shall mean the application which allows Users to search for various collections of wine, food dishes and restaurants. Users shall also make and interact with their friends via this app. The services of this App are available on a global basis.
1.2 “Users” shall mean the people who create their account on our App in order to use our App services.
1.3 “Account” shall mean the Accounts created by the Users on our App in order to use the Services provided by our App and requires information such as name, and email address.
1.4 “Content” shall mean text, graphics, images, music, audio, video, information or other materials.
1.5 “User content” shall mean all Content that a User posts, uploads, publishes, submits or transmits to be made available through our App.
1.6 “App Content” shall mean all Content that our App makes available, including any Content licensed from a third party, but excluding User Content.
1.7 “Posts” shall mean and include the statuses, wine lists, comments, reviews etc. uploaded/made by Users on their wall/profile.
1.8 “SNS” shall mean Social Networking Site such as Facebook, Google+ etc.
1.9 “Third parties” shall mean any outside parties which are not a part of our App.
ELIGIBILITY OF MEMBERSHIP:
2.2 Our app reserves the right to terminate your membership and refuse to provide you with access to the app if we discover that you are under the age of 18 years. The app is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever.
2.3 Except where additional terms and conditions are provided which are services specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our app you agree to be bound by the Terms and Conditions.
2.4 We may, at our sole discretion, refuse to offer access to or use of the App to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the App is revoked in such jurisdictions.
2.5 Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the App. Any such unauthorized use is strictly forbidden and shall constitute a violation of applicable state and local laws.
3.1 The official language of these terms shall be English.
3.2 The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
3.3 In case there exists a machine readable version of this agreement, arises a conflict with the human readable version, the later shall prevail.
4.1 In order to avail access to our services you shall be required to download our app and create an account with us in order to become a registered user (“User” or “member”).
4.2 In order to create an account and register with us you shall either create an account directly with us or you may register with us by using your valid account on the social networking service (“SNS”) such as Facebook or twitter or Google accounts (each such account, a “Third-Party Account”). If you access the Services through a SNS, you may link your Account with Third-Party Accounts, by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the app. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
- a) If you directly want to sign up with us and create an account directly on our app then you must download our app and register for an account with us (an “Account”) by providing certain personal information such as name, email address, contact number and password.
- b) You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Our app cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your app account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
4.3 You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
4.4 When creating an Account, don’t:
- a) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
- b) Use a username that is the name of another person with the intent to impersonate that person;
- c) Use a username that is subject to rights of another person without appropriate authorization; or
- d) Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
4.5 We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at email@example.com.
4.6 You may not transfer or sell your Wine Picker account and User ID to another party.
4.7 Our app reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our app reserves the right to refuse service to anyone, for any reason, at any time.
4.8 One individual can own only one account in his/her name.
4.9 You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our app’s policies as stated in the Agreement and the app policy documents listed on the app as well as all other operating rules, policies and procedures that may be published from time to time on the app by Company.
4.10 You shall be required to open GPS Settings so that our app can help you locate wines, food, restaurants etc. easily and as per your current location.
5.1 In order to use our App’s services, it is mandatory for Users to create an account on our App.
5.2 By downloading and using our app, you may:-
- a) Search restaurants and receive wine recommendations;
- b) Search wine collections;
- c) Search food dishes and fine food and wine matches;d) Take pictures of a wine list to get instant recommendations;
- c) Add tasting notes and store wines in your virtual Adding wines to your virtual cellar will help you keep track of your inventory, know which wine to drink at what time, best estimate of the wine’s current value etc. Such information is provided to you for informational purposes only. This tool shall not be considered as a valuation tool and shall not be used as a reference for trading wine. ;
5.4 You shall be allowed to create lists of wine on your profile and users can write a review about the same.
5.5 Users shall make friends via this app, create groups and interact with each other individually or in groups.
5.6 Our app provides Users with quick compare so that users can improve their wine selection. We provide you with the list of top five wines available in a particular restaurant depending on that particular restaurant’s wine list. We try our best to provide you with an up to date wine list available at a restaurant but if a restaurant does not update its wine list on our app then we shall not be responsible for providing you with an old wine list. Our app also helps Users in pairing food.
6.1 Registering on our App is free for now. Our App may charge certain fees in the future which shall be subject to change at our discretion without any notice to the User. Thus Users continued use of our services shall deem to be acceptance to the change in the payment terms and they represent and warrant to pay the fees and adhere to the payment terms as fixed by us.
6.2 Payments for the paid services shall be made directly to us by the Users via their credit or debit cards or through third party providers such as google play and apple store..
6.3 Our app uses third party payment providers to receive payments from users. We are not responsible for delays or erroneous transaction execution due to payment issues.
6.4 We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
6.5 User understands and expressly authorizes us to collect payment from or charge the credit card for availing our services.
6.6 Our app reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever. Our app may store bank information of the users in order to make it easier for the users to just click and pay without entering the details every time they avail our services. All transactions are completed through secure third party payment gateways and at no point of time we assume any liability for any loss of data or wrongful payment or invalid payment processing by such a third party. Users agree that users shall hold us harmless against any such dispute or legal claim.
7.1 Our app reserves the right to recover the cost of services, collection charges and lawyers’ fees from persons using the app fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the app and any other unlawful act or acts or omissions in breach of these terms and conditions.
7.2 We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the present limit mutually agreed by us with our acquiring bank from time to time.
8.1 You may access and use our App solely for your personal, noncommercial use. Except as expressly authorized hereunder, our App may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue our App, in whole or in part, at any time in our sole discretion.
8.2 Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our App, including any images, text, graphics, sounds, data, links and other materials incorporated into our App (other than your User Submitted Materials), solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our App or create derivative works of any portion our App without our written consent. While using our App, you agree not to:
- a) Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
- b) Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
- c) Restrict or inhibit any other user from using our App, including, without limitation, by means of “hacking” or defacing any portion our App;
- d) Violate any applicable laws or regulations;
- e) Upload to, transmit through, or display on our App (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- f) Engage in spamming;
- g) Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
- h) Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our App; and
- i) Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our App.
8.3 If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and, in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our App.
USE OF THE APP:
9.1 You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;
9.2 You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the app or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the app or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the app. We reserve our right to bar any such activity.
9.3 You shall not attempt to gain unauthorized access to any portion or feature of the app, or any other systems or networks connected to the app or to any server, computer, network, or to any of the services offered on or through the app, by hacking, password “mining” or any other illegitimate means.
9.4 You shall not probe, scan or test the vulnerability of the app or any network connected to the app nor breach the security or authentication measures on the app or any network connected to the app. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to app or exploit the app or any service or information made available or offered by or through the app, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the app.
9.5 You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of our app or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the app or our systems or networks, or any systems or networks connected to us.
9.6 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the app or any transaction being conducted on the app, or with any other person’s use of the app.
9.7 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the app or any service offered on or through the app. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
9.10 We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
9.11 The contents of any posting are the sole responsibility and liability of the Users. Users expressly acknowledge that they are responsible for the authenticity and veracity of the information posted by them.
9.12 Users expressly consent to the fact that our App DOES NOT act as a guarantor or insurer for the conduct of the Users or any of the Postings/comments/reviews they have posted.
9.13 None of our app’s actions and none of the reviews, comments, postings by the User shall be construed as an endorsement of a User or the postings made by the User.
9.14 We reserve the right, at any time and without prior notice, to remove or disable access to any Posting/comment/reviews etc. for any reason, including the postings/comments/reviews etc. in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to our App.
9.15 We reserve the right to communicate with the users through notifications and public messages through the user profile.
All right, title, and interest in and to the App (excluding postings/content provided by the users) is and will remain the exclusive property of Wine Picker and our licensors. The App service is protected by copyright, trademark, and other laws of United Kingdom. Nothing in these Terms gives you a right to use the name of the App or App’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the App or located on the App. Any feedback, comments, and suggestions you may provide regarding the App (“Feedback”) are entirely voluntary and you grant us a perpetual, irrevocable, worldwide, royalty-free license (with the right to sublicense) to use, reproduce, modify, create derivative works of, commercialize, and otherwise freely exploit such Feedback (including, but not limited to, all Rights therein) as we see fit and without any payment or other obligation to you.
INTELLECTUAL PROPERTY RIGHTS:
12.1 Our app contains Content owned by Wine Picker. Our app Content is protected by copyright, trademark, patent, trade secret and other laws, and our app owns and retains all rights in its Content and the services. From time to time, we may make available to users certain explicitly designated Content for their use, but only for such purposes as may be explicitly stated at the time that our Licensed Elements are made available on our app; but our app and its licensors and certain other third parties, as the case may be, retain ownership of such Licensed Elements. The foregoing limited license: (i) does not give users any ownership of, or any other intellectual property interest in, any of our app Content, and (ii) may be immediately suspended or terminated for any reason, in its sole discretion, and without advance notice or liability. In some instances, we may permit users to have greater access to and use of our app’s Content and/or its Licensed Elements, subject to certain Additional Terms. Users are only granted a limited license, and, as between Users, there is not a sale with respect to our Content.
12.2 Our app respects the intellectual property rights of others and expects users of our app to do the same. Our app will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to our app. If users have a reason to believe that their Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) user’s contact information, including their address, telephone number and an email address;
(v) a statement by user that he/she has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and that users are authorized to act on behalf of the copyright owner.
12.3 Our app has the right to remove the Content alleged to be infringing without prior notice, at its sole discretion, and without liability to users. In appropriate circumstances, our app will also terminate a user’s account if we determine that the user is a repeat infringer.
12.4 You should assume that everything that you see or read on this app is copyrighted unless otherwise noted and may not be copied, reproduced, distributed, modified, published, downloaded, posted, or transmitted in any way, without the prior written consent of our app or other copyright owner, EXCEPT: You may print copies of the material for your personal, noncommercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. Unless otherwise indicated, all marks displayed on our internet sites are subject to the trademark rights of our app, including our name and Logo, corporate logos and emblems. Modifying, distributing or using for any purpose the material in any of our app which is copyrighted or otherwise protected under intellectual property laws directly violates our intellectual property rights. The material contained in this app is copyrighted, is protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.
You agree to defend, indemnify and hold harmless our app, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our app or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
14.1 This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time, provided that you discontinue any further use of this app or delete our app.
14.2 We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the app, such termination will be without any liability to us.
14.3 Without limiting the foregoing, we may close, suspend or limit your access to our App:
- if we determine that you have breached, or are acting in breach of, this Agreement;
- if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- you do not respond to account verification requests;
- you do not complete account verification when requested within 1 month of the date of request;
- to manage any risk of loss to us, a User, or any other person; or
- For other similar reasons.
14.4 If we close your Account due to your breach of this User Agreement, you may also become liable for financial penalties.
14.5 In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
14.6 Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this app, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our rights to any Comments/feedback shall survive any termination of this User Agreement.
NO WARRANTY AS TO THE IDENTITY OF THE USERS:
Our App takes reasonable precautions to collect accurate information about the identity of the Users on our App. However, our App must inform Users that it is highly difficult for us to verify each and every User. Thus, we expressly state that our App does not provide any warranty as to the real identity or all other personally identifiable information about the Users.
The services of our App are available globally. By agreeing to our terms/policy, you warrant that it is completely legal to use our services and App in your country. It is the duty of the user to verify any potential violation. The user agrees to indemnify us or sister companies, employees, agents or any related individual or organization for any liability it might incur in a foreign jurisdiction. Our services shall not be deemed to constitute an offer to sell or serve in countries where it is illegal to do so. We reserve the right to monitor the location from which you access the App and to block access from any jurisdiction in which participation is illegal or restricted
17.3 The following applies to any App Store Sourced Application:
- b) You acknowledge that App store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- DISCLAIMER AND WARRANTIES:
18.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- a) YOUR ACCESS TO AND USE OF THE APP OR ANY CONTENT IS AT YOUR OWN RISK. THE APP AND ALL RELATED SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, PARENT ENTITIES, PARTNERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS (ALL OF THE FOREGOING, COLLECTIVELY, THE “APP ENTITIES”) HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- b) THE APP ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE APP, OR ANY CONTENT; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE APP, OR ANY CONTENT; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, OR ANY UNAUTHORIZED ACCESS TO, ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY THE APP, OR US; AND/OR (IV) WHETHER THE APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
- c) THE APP ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR (I) THE AVAILABILITY OR ACCURACY OF WEBSITES OR RESOURCES ACCESSED VIA ANY LINK FROM OUR APP, OR (II) THE CONTENT, PRODUCTS, OR SERVICES ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES. LINKS TO SUCH APPS/WEBSITES OR RESOURCES DO NOT IMPLY ANY ENDORSEMENT BY THE APP ENTITIES OF SUCH APPS/WEBSITES OR RESOURCES OR THE CONTENT, PRODUCT OR SERVICES AVAILABLE FROM SUCH APPS/WEBSITES OR RESOURCES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF ANY SUCH WEBSITES OR RESOURCES.
18.2 It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, recommendations, comments, reviews, advice, services and other information provided through the app. We do not warrant that the access to app will be uninterrupted or error-free or that defects in app will be corrected.
18.3 This app is controlled and operated from United Kingdom and our app makes no representation that the services are appropriate or will be available for use in other parts of the World. If you use this app from outside United Kingdom, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
18.4 Our app offers services, content and various other functionalities (collectively the “Services”) to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. Our app does not make any warranty or representation that a user in one region may also obtain the Services as provided in another region.
18.5 In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- a) Your use of or your inability to use our app, Services and tools;
- b) Delays or disruptions in our app, Services, or tools;
- c) Viruses or other malicious software obtained by accessing our app, Services, or tools or any site, Services, or tool linked to our app, Services, or tools;
- d) Glitches, bugs, errors, or inaccuracies of any kind in our app, Services, and tools or in the information and graphics obtained from them;
- e) The content, actions, or inactions of third parties, including items listed using our app, services, or tools or the destruction of allegedly fake items.
18.6 Our app shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any user or to any other person’s computer related to or resulting from participating or downloading materials/information from the app.
18.7 To the fullest extent permitted under applicable law, our app or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.
GOVERNING LAWS AND JURISDICTION:
19.1 These Terms and any action related thereto will be governed by the laws of United Kingdom.
19.2 Courts in the United Kingdom alone shall have the exclusive jurisdiction in all matters relating to our app and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to our app.
RESOLUTION OF DISPUTES:
20.1 The Parties shall endeavor to resolve any differences of opinion which may arise between them with respect to the provisions of this Agreement by negotiation between themselves personally or with the assistance of their attorneys and unless in the opinion of any party, acting reasonably, the matter in dispute is of such a significant nature to warrant it being addressed otherwise, no party shall commence any public proceedings until the negotiations have failed to produce a resolution. In furtherance of the provisions of this paragraph, all Parties hereby agree to make themselves available on short notice and to negotiate promptly and in good faith, any matter any party may wish to negotiate. If there is no resolution then the Parties agree that any dispute, claim, or action hereunder shall be resolved exclusively in and with a court of law or equity having jurisdiction over the Parties and subject matter.
20.2 Use of our app is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. Users and our app agree that any cause of action arising out of or related to our app (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
21.1 By using the app and Services, you accept that communication with us will be mainly electronic. We will contact you by email/text messages/ In-App messages (provide you with information by posting notices on the app and Services).
21.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
21.3 Notice will be deemed received and properly served immediately when posted on the app and Services; when sent as text message or via In-app message; 24 hours after an email is sent. As proof of service, it is sufficient that:
(a) the email was sent to the specified email address.
LINKS TO OTHER WEBSITES:
Links to third party Websites/apps on this app are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third party Websites and does not control and is not responsible for any of these Websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this site, you do this entirely at your own risks.
NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
25.1 You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
25.2 We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
- (a) acts of god;
- (b) natural disasters;
- (c) sabotage;
- (d) accident;
- (e) riot;
- (f) shortage of supplies, equipment, and materials;
- (g) strikes and lockouts;
- (h) civil unrest;
- (i) Computer hacking; or
- (j) malicious damage.
27.1 By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
27.2 In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the app, you give us permission to provide these records to you electronically instead of in paper form.
27.3 By registering for an Account, you consent to electronically receive and access, via email, text messages, In-App messages etc. all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
27.4 In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address and/or contact number by updating your Account information on the app or by contacting Customer Support.
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with us. Nothing in this section will prevent us from modifying the terms of these Terms and Conditions and posting such modifications on our app. We reserve the right, in our sole and exclusive discretion, to revise these terms and conditions at any time. All revisions shall be posted on this page. Since you are bound by all revisions made by us, you should review this page each time you connect to our app. It is important that you fully read and understand the terms and conditions you are agreeing to be bound by, when you use this app.
30.1 Our App’s team may send you information about offers, notices, letters and other communication to your email/ contact number/In-App account. You can ask us to refrain from sending you offers or promotional offers at firstname.lastname@example.org.
30.2 You consent to receive notices and information from us in respect of the App and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
For any further clarification of our Terms and Conditions, please write to us at email@example.com.
ADDRESS AND INFORMATION:
Our Permanent Address is 26 Banyard Road, SE16 2YA London.. Our Dispute Resolution team can be contacted at firstname.lastname@example.org.
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