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SoLoyal - Terms of Use – Key Points

The following key points of the Terms of Use are only brought for your convenience. These key points do not substitute the full Terms.

  • Introduction. SoLoyal” is an app intended to manage your loyalty memberships at your favorite brands and retailers . By downloading the App or by accessing or using the Service in any way, you agree to be bound by these Terms.

  • Acceptable use. You may use the Service for your personal and non-commercial use. These Terms define the acceptable use of the Service and the actions you should avoid while using the Service.

  • Age restriction and eligibility. The Service is intended and permitted only for individuals 18 years of age or older. 

  • Registration. Use of the Service is available to registered users only. To use the Service, you will need to download our App, sign-up and create a personal Service account. You can sign up by providing your email address or via your Google or Facebook accounts. 

  • Account termination. We may temporarily or permanently deny, limit, suspend, or terminate your User Account.

  • Privacy. We respect your privacy, as further explained in our Privacy Policy.  

  • Intellectual property. All rights, title and interest in and to the Service, including all intellectual property rights, are owned by – or licensed to us. When you upload content to the Service, you represent and warrant that you are the rightful owner of all rights to such Content or lawfully licensed by all the rightful owners to upload such content to the Service. 

  • Availability. The Company does not warrant or guarantee that the Service will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free. 

  • Disclaimer of warranty. The Service is provided for use as is. We disclaim all warranties and representations, either express or implied, with respect to the Service. 

  • Limitation of liability. The Company, including anyone on its behalf, will not be liable to the maximum extent permitted by the applicable law, for any damage or loss, arising from, or in connection with the use of, or the inability to use the Service. 

  • Law & jurisdiction. Use of the Service is governed by the laws of the State of New York and subject to the exclusive jurisdiction of the competent courts in the Southern District of New York.

SoLoyal - Terms of Use

INTRODUCTION

Welcome to “SoLoyal” – an application for managing your loyalty memberships at your favorite brands and retailers in the U.S.– available through our designated mobile application (the “App”). The App, its services and any feature included therein will be jointly referred to as the “Service” or the “Services”. The Service is owned and operated by SoLoyal Ltd. (the “Company”, “we”, “us” and “our”). 

Please carefully read the following terms and conditions (the “Terms” or the “Terms of Use”). By downloading the App or by accessing or using the Service in any way, or by registering as a user of the Service, you agree to be bound by these Terms and you signify that you have read and understood them. If you do not agree to the Terms, you may not use the Service in any way. 

These Terms apply to the use of the Service and any content available therein by any communication means (including smartphones, tablets, personal computers etc.). These Terms further apply to the use of the Service via the Internet or any other communication networks. 

Use of the Service may be subject to additional terms, conditions and policies (including any privacy policies) that govern the use of mobile devices, such as the terms governing the use of Apple devices or Apple’s “App Store”, or any other application marketplace. You bear the sole and exclusive responsibility for complying with any such additionally applicable terms, conditions and policies. 

Use of most features of the Service requires an online connection (Wi-Fi, cellular data, broadband) between your personal computer or mobile device and the Internet. You will not be able to access and use the Services without such a connection. You are solely responsible for all costs and expenses of such connection, as specified in your subscriber plan or contract with your communication service provider. Some of the features within the Services may be dependent on your wireless service and the wireless coverage within the area in which you are located at that time.

ABOUT THE SERVICE IN A NUTSHELL

Our Service is an app that manages your loyalty memberships at your favorite brands and retailers in the U.S. The App enables you to easily join new loyalty programs, and track and manage your loyalty memberships in order to maximize your benefits and rewards. 

When opening an account with us, you will be required to provide your email address; you can also register via your Google or Facebook accounts. We will also ask you if you are willing to provide us with your location and access to review your bank or credit card transactions. This information is not mandatory in order to use the App; however, if you choose not to share this information with us, certain features of the App may not be available to you. 

You acknowledge that your mobile device includes sensitive components and that whenever you use it to access “SoLoyal”, you must use and handle it with care and only in accordance with the instructions provided in its documentation and any other relevant usage guidelines. The Company will not be liable for any malfunction, fault or defect or other damage to your mobile device caused in connection with your use of the Services, including for any direct, indirect or consequential damage occasioned to you or any third party with respect to any such malfunction, fault or defect. 

Our App allows you to share your information with others who are not using the App. If you choose to share your information with third parties through social networks or any other third-party platforms, the Company is not a party and does not assume any responsibility or liability with respect to such communications and sharing. Use of such third-party platforms is governed by their respective terms of service. You bear the sole and exclusive responsibility for complying with those other terms of service.

AGE RESTRICTION AND ELIGIBILITY 

If you are under the age of 18, you may not use the Service in any way. By using, accessing or registering with the Service, you declare that you are 18 years of age or older. 

We reserve the right to terminate an account, if we find that you are younger than the minimum age specified above. We may request additional information to confirm your age at any time.

LICENSE

Subject to these Terms, we hereby grant you a worldwide, limited, revocable, non-exclusive, personal, non-sub-licensable, non-transferable, non-assignable right and license, until the termination or expiration of these Terms or the termination of your Service account, to use the Service through the App in accordance with these Terms, for personal and noncommercial use only.

REGISTRATION AND SERVICE ACCOUNT

Use of the Service is available to registered users only. To use the Service, you’ll need to download our App, sign-up and create a personal Service account (“User Account”). When you register to the Service, we will ask you to provide us with your email address; you can also register via your Google or Facebook accounts. We will also ask you if you are willing to provide us with your location and access to review your bank or credit card transactions. This information is not mandatory in order to use the App; however, if you choose not to share this information with us, certain features of the App may not be available to you. When enrolling to new loyalty programs via the App, you may be asked to provide additional information, as required by the brand or retailer’s loyalty program. 

Upon registration to the App, you allow us to automatically enroll you to loyalty programs based on your purchases and store visits; you may disable the automatic enrollment at any time via the App and opt for a manual enrollment instead. UPON ENROLLING TO A BRAND’S OR RETAILER’S LOYALTY PROGRAM, WHETHER AUTOMATICALLY OR MANUALLY, YOU UNDERSTAND AND CONSENT THAT YOUR USE OF THE LOYALTY PROGRAM WILL BE  SUBJECT TO THE TERMS AND CONDITIONS OF THE SPECIFIC PROGRAM, INCLUDING ANY ASSOCIATED OR SUPPLEMENTAL TERMS AND CONDITIONS AND PRIVACY NOTICES PROVIDED BY THE OPERATOR OF THE LOYALTY PROGRAM. YOU ARE THEREFORE ADVISED TO REVIEW SUCH TERMS AND CONDITIONS PRIOR TO ENROLLING IN A NEW LOYALTY PROGRAM. IF AUTOMATIC ENROLLMENT IS ENABLED, YOU ARE HEREBY ADVISED TO PROACTIVELY REVIEW THE FULL TERMS AND CONDITIONS OF ANY BRAND YOU INTERACT WITH PRIOR TO ENTERING THE VICINITY OF THE BRAND’S RETAIL STORE AND BEFORE MAKING A PURCHASE FROM THE BRAND EITHER ONLINE OR IN-STORE AT THE BRAND’S PHYSICAL RETAIL LOCATION.  THE TERMS AND CONDITIONS OF EACH LOYALTY PROGRAM, INCLUDING ANY ASSOCIATED OR SUPPLEMENTAL TERMS AND CONDITIONS AND PRIVACY NOTICES PROVIDED BY THE OPERATOR OF THE LOYALTY PROGRAM, ARE AVAILABLE FOR YOUR REVIEW UNDER THE BRAND’S / RETAILER’S PAGE ON THE APP. 

You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details when you sign-up. You are solely responsible and liable for all activities performed with or through your User Account.

You must submit only true, accurate and complete details. Bear in mind that false, incorrect or outdated information may prevent you from registering to the Service and impair our ability to provide you with our Services and to contact you.

We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to register with the Service, or to a given loyalty program offered through the Service. We will only use your personal information in accordance with our Privacy Policy which is incorporated by reference to these Terms. 

BY SUBMITTING YOUR CONTACT DETAILS, YOU PROVIDE US WITH YOUR EXPRESS CONSENT TO RECEIVE COMMERCIAL MESSAGES FROM THE COMPANY OR OTHERS ON ITS BEHALF. AT ANY TIME, YOU MAY WITHDRAW YOUR CONSENT AND NOTIFY US THAT YOU REFUSE TO RECEIVE COMMERCIAL MESSAGES, ALTOGETHER OR OF SPECIFIC KIND, BY SENDING A NOTICE OF CONSENT WITHDRAWAL. THE CHANNELS THROUGH WHICH YOU MAY SEND SUCH NOTICE WILL BE DETAILED IN THE COMMERCIAL MESSAGES SENT TO YOU BY THE COMPANY OR OTHERS ON ITS BEHALF.

You are prohibited from selling or transferring your account in any way, to another user, entity or any third party.

We reserve the right to request additional information to verify your identity, during the registration process, throughout your use of the Service, or when you submit requests related to your User Account on the Service. If you fail to provide us the requested information, we reserve the right to suspend or terminate your User Account, pursuant to these Terms.

USER ACCOUNT SUSPENSION AND TERMINATION

In addition to any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, limit, suspend, or terminate your User Account, prohibit you from accessing the Service and take technical and legal measures to keep you off the Service, if the Company determines, at its sole discretion that – 

  • You have abused your rights to use the Service; or,
  • You have breached the Terms; or,
  • You have performed any act or omission that violates any applicable law, rules, or regulations; or,
  • You have performed any act or omission which is harmful or likely to be harmful to the Company, or any other third party, including other users and providers of the Service; or,
  • You used the Service to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,
  • You have abandoned your account for more than six (6) months since your last use of the Service; or, 
  • You deliberately submitted false information or have failed to comply with our requests for information regarding your identity; or,
  • You have transferred your User Account to another person or entity; or,

Upon termination of these Terms or your User Account, for any reason – 

  • Your right to use the Service is terminated and you must immediately cease using the Service and uninstall the App from all mobile devices in your possession or control; and,
  • We reserve the right (but have no obligation) to delete all of your information and account data stored on our servers; and,
  • We will not be liable to you or any third party for termination of access to the Service or for deletion of your information or account data.

The following sections shall survive any termination, or expiration of the Terms: User Account Suspension and Termination, Privacy, Intellectual Property, Limitation of Liability, Indemnification, Governing Law & Jurisdiction, General.

ACCEPTABLE USE OF THE SERVICE

The following clauses define the acceptable use of the Service. Subject to the Terms, you may access and use the Service and the features provided through the Service, for your personal and non-commercial purposes only. 

You agree to abide by all applicable local and international laws, regulations, rules and any usage guidelines that we may convey from time to time. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Service and the access and use of the Service by anyone on your behalf. When using the Service, you must refrain from – 

  • Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Service; 
  • 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;
  • Interfering with, burdening or disrupting the functionality of the Service; 
  • Breaching the security of the Service or identifying any security vulnerabilities in it;
  • Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
  • Using or launching any automated system, including robots, crawlers and similar applications to collect or compile content from the Service, or in such ways that may impair or disrupt the Service’s functionality;
  • Displaying content from the Service, including by any software, feature, gadget or communication protocol, which alters the content or its design; 
  • Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity; or
  • Collecting, harvesting, obtaining or processing personal information of or about other users of the Service. 

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

YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT THAT YOU SHARE, DISSEMINATE, TRANSMIT OR OTHERWISE COMMUNICATE THROUGH, OR TO THE SERVICE, OR WHEN USING THE SERVICE, AND FOR THE CONSEQUENCES ASSOCIATED WITH DOING SO. 

Without derogating from any of the above, you may not post, provide or otherwise communicate through or in connection with the Service, any content which – 

  • May infringe rights of others, including patents, copyrights, trade secrets, trademarks, a person’s right to privacy or right of publicity; 
  • Is false, inaccurate, deceptive or misleading;
  • May include software viruses, spyware or any other malicious applications; 
  • May, through posting, publication, dissemination, or making available, be prohibited by any applicable law, including court orders; 
  • May be threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable; 
  • May include unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes.

WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE. WE MAY SUSPEND OR TERMINATE YOUR USER ACCOUNT OR BLOCK YOUR ACCESS TO AND USE OF THE SERVICE, WITHOUT PRIOR NOTICE AND AT OUR SOLE DISCRETION, IF WE BELIEVE THAT YOU ARE USING THE SERVICE FRAUDULENTLY OR ABUSIVELY.

PRIVACY

We respect your privacy. Our Privacy Policy, which is incorporated to these Terms by reference, explains the privacy practices on the Service.

FEES AND PAYMENTS

The license to download and install the App is granted to you free-of-charge. 

We may, at any time and at our sole discretion, transform a free of charge Service to a Fee-based Service, and change any rates and payment terms. If we decide to do so, we will inform you of the fees charged for each Service in advance on the relevant sections in the App. Failing to settle your payments for a Fee-based Service will prevent you from further using the Service, notwithstanding any other remedies available to us under the applicable law. Any changes in our fee schedule will take effect immediately after being posted on the Service.

INTELLECTUAL PROPERTY

All rights, title and interest in and to the Service (except – as provided below with respect to users’ and third parties’ content), including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to the Company. 

Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Service, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from the Company.

You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of the Company. You must refrain from any action or omission which may dilute or tarnish our goodwill. 

CHANGES IN THE SERVICE AND DISCONTINUATION

We may, but are not obligated to, maintain the Service with periodic releases of bug fixes, code updates or upgrades. We will determine, in our discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our “Staff”), for any of these releases or the lack thereof. 

You grant us 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 other things, may change the App’s settings, layout, design or display.

We may also, at any time and without prior notice, change the layout, design, scope, features or availability of the Service. 

Such changes, by their nature, may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT WE 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.

We may, at any time, at our sole discretion, discontinue, terminate or suspend the operation of the Service, or any part or aspects thereof, temporarily or permanently, without any liability to you. We are not obligated to give any notice prior to such change, discontinuation or suspension.

CONFIDENTIALITY 

You agree to regard and retain as confidential and not divulge to any third party, or use for any unauthorized purposes, any Confidential Information, as defined below, that you acquire during your access and use of the Service, without the written approval consent of the Company. Without limiting the scope of this duty, you agree not to design or develop any products or services, which incorporate any Confidential Information. All Confidential Information remains the property of the Company and no license or other rights in the Confidential Information is granted hereby. 

Confidential Information” shall include, but will not be limited to, information regarding research and development related to the Service, inventions, whether patentable or non-patentable, discoveries, innovations, designs, drawings, sketches, diagrams, formulas, computer files, computer programs, hardware, App screen shots, software, manuals, selection processes, data, planning processes, trade secrets, business secrets, business plans, copyrights, proprietary information, processes, formulae, know-how, improvements and techniques and any other data related to the Service and its users. Confidential Information will include information in written, oral and/or any other form of communication.

SERVICE SUPPORT, AVAILABILITY AND QUALITY

The availability, quality and functionality of the Service depends on various factors, including software, hardware, communication networks, and the quality of broadband/cellular/WiFi network connectivity, which are provided by third parties, at their responsibility. These factors are not fault-free. 

WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS. 

You acknowledge that the Service DOES NOT include any designated data back-up services, including with respect to any content or any other data that you upload, allow to be uploaded, use, or that we save on our servers. 

We may, but are not obligated to, offer technical support in connection with your use of the Service, in the format, frequency, scope and scheme that we, at our sole discretion, determine from time to time. You will have no plea, claim or demand against us or our Staff in any matter related to our provision of technical support, or for the lack thereof.

CHANGES TO THE TERMS

We may amend the Terms from time to time. In such case, we will notify you of the amended Terms, through the App or our Website. If you do not accept the amended Terms, we may terminate the Terms and your User Account and block your access to and use of the Service. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms. The latest version of the Terms will be accessible through the App. 

DISCLAIMER OF WARRANTY 

THE SERVICE IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. WE AND OUR EMPLOYEES OR ANYONE ACTING ON OUR BEHALF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE APP, YOUR USER ACCOUNT, ANY INTERACTION RELATED TO THE SERVICE AND ANY COMMUNICATION BETWEEN YOU AND THE SERVICE. 

WE AND OUR EMPLOYEES AND ANYONE ACTING ON OUR BEHALF DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, RELIABILITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY – REGARDING THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK. 

LIMITATION OF LIABILITY 

WE AND OUR EMPLOYEES OR ANYONE ACTING ON OUR BEHALF SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE SERVICE, THE USE OF OR THE INABILITY TO USE THE SERVICE OR YOUR USER ACCOUNT, ANY COMMUNICATION OR INTERACTIONS WITH THE SERVICE OR IN CONNECTION WITH THIRD PARTY SERVICES SUCH AS SOCIAL NETWORKS, YOUR RELIANCE UPON OR THE EXPECTED OUTCOME FROM ANY INFORMATION AVAILABLE ON THE SERVICE, ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, ANY FAULT, OR ERROR MADE BY OUR EMPLOYEES OR ANYONE ACTING ON OUR BEHALF, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN SOLE RESPONSIBILITY.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us and our Staff, at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of the Service or any content or Information, or from your breach of the Terms. You are solely responsible for content you provide and communicate through the Service, and for all consequences associated with it.

COMMERCIAL INFORMATION

We may incorporate in the Service advertisements and/or information of commercial nature. The source of such information may originate from us or from third parties. If such information originates from third parties, we cannot guarantee its reliability or accuracy. It is underscored that the advertising of commercial content by the Company does not constitute a recommendation or encouragement to procure the goods or services advertised. We may allow advertisers to use the Service to conduct surveys and/or approach the Service’s users with questions of commercial nature.

LINKS 

The Service may contain links to content published on websites or external sources, provided by third parties. We do not operate or monitor these websites and content. You may find them, or the information and content posted therein, not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website or source, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third-party websites or content, or their availability. 

TERMINATION OF THESE TERMS

You may, at any time terminate these Terms and your User Account by providing us written notice of termination at [email protected] 

We may terminate these Terms and your license to use the Service, at any time, by issuing you a notice of such termination, blocking your access to and use of the Service, or in any other manner contemplated by these Terms. Upon termination by us, you must discontinue any and all use of the Service and uninstall the App from all of your Devices.

Termination of these Terms will not preclude our continued use of content you made available to us with a license to, or any information posted by you or obtained by us while you used the Service, prior to termination. In any event, our continued use of such materials will be in accordance with our Privacy Policy

GOVERNING LAW & JURISDICTION 

Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by and construed in accordance with the laws of the State of New York, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of New York. 

The competent courts located in the Southern District will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Service and its use, and with respect to any matter relating to the validity, applicability, performance or interpretation of these Terms. You and the Company, each hereby expressly consents to personal jurisdiction in the Southern District and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.

Notwithstanding the foregoing, any claim by the Company against you pursuant to the indemnity clauses of these Terms, may be brought in the court in which the third party claim that is the subject of the indemnity, has been lodged against the Company.

GENERAL

Whenever used in these Terms, the term “Including”, whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements. 

No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. 

Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms. 

You may not assign or delegate these Terms or any of your rights, performances, duties or obligations hereunder. Any purported assignment or delegation, in contravention of the above, will be null and void. In the event of a Company merger, acquisition, change of control or the sale of all or substantially all of our equity or assets, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, in their entirety, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party. With such assignment, transfer and delegation, we are irrevocably and fully released from all rights, performance, duties, liabilities and obligations under these Terms.

The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms. 

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 to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect. 

CONTACT US

At any time, you may contact us with any question, request, comment or complaint that you may have with respect to the Service or these Terms, at: [email protected] or through any of our online contact forms.

Last updated: 4 February, 2020.