By downloading, browsing, accessing or using COPYCASH Mobile & Web Application (“APP”), you agree to be bound by the terms and conditions stipulated in this End User License Agreement (“EULA”). We reserve the right to amend these terms and conditions at any time. If you disagree with any of these terms and conditions of use, you must immediately discontinue your access to the APP and your use of the services offered on the APP. Continued use of the APP will constitute acceptance of this EULA, as may be amended from time to time.
1. USE OF COPYCASH APP
1.1 COPYCASH license use of the APP to you on the basis of this EULA. We do not sell the APP to you. We remain the owners of the APP at all times.
1.2 The terms of this EULA apply to the APP and any of the services accessible through the APP, including any updates or supplements to the APP, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the APP, the terms of an open-source license may override some of the terms of this EULA.
1.3 We may change these terms at any time and you are required to read and accept them to continue your use of the APP.
1.4 There may be updates to the APP and depending on the update, you may not be able to use the Services until you have downloaded the latest version of the APP and accepted any new terms.
1.5 By using the APP, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if a particular transmission is encrypted.
1.6 The APP may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.7 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive license to use the APP on the Devices, subject to these terms. We reserve all other rights.
1.8 You may download a copy of the mobile App onto any supported device and access the web App on any device including personal computers and view, use and display the App on the Devices for your personal use only.
1.9 Except as expressly set out in this EULA, you agree to the following restrictions:
1.9.1 not to copy the App except where such copying is incidental to its normal use or where it is necessary for the purpose of back-up or operational security;
1.9.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
1.9.3 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
1.9.4 to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App.
1.9.5 not to provide or otherwise make available the App in whole or in part (including object and source code) in any form to any person without prior written consent from us; and
1.10 By using the APP, you must:
1.10.1 not use the App or any Service in any unlawful manner, for any unlawful purpose or in any manner inconsistent with this EULA, or act fraudulently or maliciously (for example by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system);
1.10.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material;
1.10.3 not, when using the App or any Service, submit or transmit any information or material that is unlawful, including (but not limited to) infringing any right of confidence, right of privacy, or right under any applicable data protection legislation; is defamatory, threatening, abusive, harassing, discriminatory, offensive, pornographic or otherwise objectionable; is untrue, false, misleading or inaccurate; constitutes negligent advice or contains any negligent statement; is in breach of any contractual obligation owed to any person; consists of or contains any instruction, advice or other information which, if acted upon, could cause illness, injury or death or any other loss or damage; is or has been the subject of any threatened or actual legal proceedings or other similar complaint (and we reserve the right to remove any such material at our sole discretion and without notice);
1.10.4 not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
1.10.5 not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
1.11 You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.
1.12 You acknowledge that you have no right to have access to the App in source-code form.
1.13 We reserve the right to change, modify, substitute, suspend or remove without notice any information or services on the APP from time to time. Your access to the APP may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the APP at any time.
1.14 We reserve the right to block access or suspend to your account which in our reasonable opinion may give rise to a breach of EULA.
1.15 If we suspend the Services or Mobile Application, we may refuse to restore the Services or Mobile Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of the EULA.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the APP are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
2.2 Nothing contained on the APP should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the APP without our written permission. Misuse of any trademarks or any other content displayed on the APP is prohibited.
3.1 We may periodically make changes to the contents of the APP at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the APP.
3.2 We reserve the right to amend the EULA from time to time without notice. The revised EULA shall take effect from the date of such posting. You are advised to review the EULA periodically as they are binding upon you.
4.2.1 We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes.
4.2.2 We will only retain personal information as long as necessary for the fulfilment of those purposes.
4.2.3 We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
4.2.4 Personal information should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
4.2.5 We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
4.2.6 We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
5. DISCLAIMER AND EXCLUSION OF LIABILITY
5.1 The APP, the information on the APP and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.
5.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the APP and its contents, including in relation to any inaccuracies or omissions in the APP, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of use.
5.3 We do not warrant that the APP will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the APP will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
5.4 While we may use reasonable efforts to include accurate and up-to-date information on the Mobile Application, we make no warranties or representations as to its accuracy, timeliness or completeness.
5.5 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading from the mobile application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
5.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the APP and the EULA. For the purposes of the EULA, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
5.7 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the APP, or electronic mail transmitted to and from us, will not be monitored or read by others.
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the APP using your user ID, verification PIN and/or any identifier number allocated, and/or (c) your breach of any of the EULA, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.