By downloading, accessing, browsing or using this mobile application (“Mobile Application”), Locasy, you agree to be obligated by these Terms and Conditions of Use. We reserve the right to change these Terms and Conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately stop your access to the Mobile Application and your use of the services offered by the Mobile Application. Continued use of the Mobile Application will constitute the acceptance of these Terms and Conditions of Use, which may be changed from time to time.
I. INFORMATION ABOUT THE MOBILE APPLICATION AND THE SERVICES
1. The use of any Services and/or the Mobile Application is subject to these Terms and Conditions of Use. 2. The Mobile Application and the Services are for your non-commercial, personal use only and they must not be used for business purposes. 3. The provision of the Services and the Mobile Application does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Mobile Application or the Services. To use the Mobile Application or Services, you will require Internet connections. You acknowledge that the terms of agreement with your own mobile network provider will continue to apply when using the Mobile Application, Locasy. As a result, you will be charged by your Mobile Provider to access the internet while using the Mobile Application or any such third party charges may arise. You must take responsibility for any such charges that will arise. 4. If you are not the payer for the invoice of the mobile telephone or handheld device that you are using to access the Mobile Application, Averta Group LP will have assume that permission from the invoice payer for using the Mobile Application has been obtained. 5. By sending any text, images or photographs (“Material”) via the Mobile Application, you claim that you are the owner of the Material, or have the required permission from the owner of the Material to use, reproduce and distribute it. You hereby give us a worldwide, royalty-free, non-exclusive license to use the Material to promote any products or services.
1. You accept to receive pre-defined notifications (“Location Alerts”) on the Mobile Application from Merchants if you have turned on related services on your mobile telephone or other handheld device.
III. USER’S OBLIGATIONS
1. You agree to be bound by the terms and conditions of the relevant Merchant for which your service relates to, which may be changed from time to time. 2. You warrant that all information provided on “Registration” and contained as part of your “Account” is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account. 3. Without limitation, you undertake not to use or permit anyone else to use the Services or Mobile Application: a. to send or receive any material which is threatening, offensive, of an indecent, obscene or menacing character, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights; b. to send or receive any material for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world; c. to send or receive any material, which contains computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data; d. to cause annoyance, inconvenience or needless anxiety; e. for a purpose other than which Averta Group LP has designed them or intended them to be used; f. for any fraudulent purpose; g. in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or h. in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on Averta Group LP infrastructure. i. resell any products or Services ; j. furnish incorrect data including false names, addresses and contact details and fraudulently use credit/debit card numbers; k. attempt to bypass our security or network including to access data not intended for you, log into a server or account you are not expressly authorized to access, or probe the security of other networks; l. execute any form of network monitoring, which will block data not intended for you; m. enter into fraudulent interactions or transactions with Averta Group LP or a Merchant n. extract data from or hack into the Mobile Application; o. use the Services or Mobile Application by violating these Terms and Conditions of Use; p. engage in any unlawful activity in connection with the use of the Mobile Application or the Services; q. engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Mobile Application or Services.
IV. RULES FOR THE USAGE
1. Averta Group LP will make the necessary efforts to correct any errors or omissions as soon as being notified of them. However, we do not guarantee that the Services or the Mobile Application will have no faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, “Users” should report it by contacting us. 2. We do not warrant that your use of the Services or the Mobile Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Mobile Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Mobile Application, access to the Services and the Mobile Application may be suspended, restricted or terminated at any time. 3. We do not give any warranty that the Services and the Mobile Application are free from viruses or anything else that may have a harmful effect on any technology. 4. We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile Application from time to time. Your access to the Mobile Application and/or the Services 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 Mobile Application at any time. 5. We reserve the right to block access to and/or to edit or remove any material, which in our reasonable opinion may violate these Terms and Conditions of Use.
V. DISCLAIMER AND EXCLUSION OF LIABILITY
1. The Mobile Application, the Services, the information on the Mobile Application and use of all related services are provided on an "as is, as available" basis without any warranties whether expressed or implied. 2. To the limits permitted by applicable law, we disclaim all representations and warranties relating to the Mobile Application and its contents, including any inaccuracies or omissions in the Mobile Application, warranties of merchantability, quality, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade. 3. We do not warrant that the Mobile Application will always be accessible, uninterrupted, timely, secure, error free or free from viruses or other invasive or damaging code or that the Mobile Application will not be affected by any 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. 4. Although we shall make maximum efforts to include accurate and up-to- date information on the Mobile Application, we give no guarantee or representations as to its accuracy, timeliness or completeness. 5. We cannot be held liable for any acts or omissions of any third parties 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. 6. We shall not be liable for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, 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. 7. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected. 8. 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 Mobile Application, 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: 1. your use of the Services, 2. any other party’s use of the Services using your user ID, password and/or any identifier number allocated by Averta Group LP 3. your violation of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
VII. INTELLECTUAL PROPERTY RIGHTS
1. All data, content, information, photographs, illustrations, other graphic materials, and names, logos and trademarks on the Mobile Application 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, broadcast or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be. 2. Misuse of any trademarks or any other content displayed on the Mobile Application is prohibited. 3. We will take legal action against any unauthorized usage of our trademarks, name or symbols to preserve and protect its rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
1. Averta Group LP may make amendments to the contents of the Mobile Application, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application. 2. We reserve the right to change these Terms and Conditions of Use from time to time without notice. The updated Terms and Conditions of Use will be posted on the Mobile Application and shall take effect from the date of such posting. We advise you to check these terms and conditions periodically as they are binding upon you.
Averta Group LP offers subscription based Services. Subscriptions will be renewed automatically unless the User cancels it before the expiration date. Subscriptions can be set up through iTunes Account Settings. Charges and fees can be changed any time.
X. SUSPENSION AND TERMINATION
1. If you use (or anyone other than you, with your permission uses) the Mobile Application, any Services in breach of these Terms and Conditions of Use, we may suspend your use of the Services and/or Mobile Application. 2. 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 infringement of the items of these Terms and Conditions of Use. 3. Averta Group LP shall fully cooperate with any law enforcement authorities or court order requesting or directing Averta Group LP to disclose the identity or locate anyone in violation of these Terms and Conditions of Use. 4. Without limitation to anything else in this, we shall be entitled immediately or at any time (in whole or in part) to: a. suspend the Services and/or Mobile Application; b. suspend your use of the Services and/or Mobile Application; and/or c. suspend the use of the Services and/or Mobile Application for people we believe to be connected to you, if: i. you commit any violation of these Terms and Conditions of Use; ii. we suspect, on reasonable grounds, that you have, might or will violate these Terms and Conditions of Use; or iii. We suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person. iv. Our rights under this Clause shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
XI. APPLICABLE LAW AND JURISDICTION
1. The Mobile Application can be accessed from all countries around the world as long as the local technology permits. As all countries have different laws, by accessing the Mobile Application both you and we agree that the laws of Canada, without regard to the conflicts of laws principles thereof, will apply to all issues relating to the use of the Mobile Application. 2. You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of Canada in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.
LAST UPDATE DATE: June 11, 2019