Last Updated: 03 February 2020
Please carefully read these Terms and Conditions (Terms of Service), as these conditions govern your use of our Services, Products, Sites and Apps. These Terms of Service constitute your Agreement with us.
You must be aged at least 16 or above to access our Services unless your state or country of company registration or your personal or your end-users personal country of residence or fiscal residence dictates a higher age in which case the higher of the two will be deemed the minimum age for use of our Services, products, websites and apps.
IF YOU DO NOT AGREE OR YOU DON´T UNDERSTAND ALL OR A PART OF THESE TERMS AND CONDITIONS (TERMS), THEN NAVIGATE AWAY FROM ANY AND ALL OF OUR WEBSITES, SERVICES, PRODUCTS AND DO NOT DOWNLOAD ANY OF OUR APPS AND DO NOT USE ANY OF OUR SERVICES ON ANY SERVERS AND DO NOT USE ANY OF OUR PRODUCTS, SUCH AS BUT NOT LIMITED TO OUR INFRASTRUCTURE (SERVERs), APPs OR SDKs.
(1) PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT BETWEEN YOU AND US WHICH YOU AUTOMATICALLY AND IRREVOCABLY ENTERING INTO WHEN YOU USE ANY OF OUR SERVICES, PRODUCTS, INFRASTRUCTURE OR OUR WEBSITE(S) OR APP(S), AND AGREE WAIVING ARBITRATION AND AGREE TO ONLY ALLOW TO INITIATE PROCEEDINGS IN A SMALL CLAIMS COURT, AND ACKNOWLEDGE THAT THESE TERMS CONTAIN OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT REQUIRES THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO A BINDING AND FINAL SMALL CLAIMS COURT, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL COMPANY BASIS OR AN INDIVIDUAL USER BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING IN ANY OTHER REGION OR OTHER TYPE OF COURTS OTHER THAN A SMALL CLAIMS COURTS, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY IN A ANY COURT OF LAW UNDER THE APPLICABLE LAWS. BY USING OUR SERVICES, YOU AGREE THAT THE AGGREGATE AMOUNT OF ANY AND ALL LIABILITIES, DAMAGES AND ANY SUCH OTHER CLAIMS YOU MAY HAVE AGAINST US IS LIMITED TO A MAXIMUM OF 500 EURO.
Rewire Holding and the internet domain RewireHolding.com are a trademark used for the provisioning or re-sale or white-label of our services to 3rd Party service providers or directly by us with the Rewire Holing trademark, such as but not limited as an app only or app-server by way of “Software as a Service”. Rewire Holding Limited trading as “Rewire Holding” or any such additional future trading brands provides the services under the Terms herein with the aim of improving social and financial inclusion to users, by mean of Software as a Service.
For purposes of these Terms, our business days are Monday through Friday. Holidays are not included.
Changes to These Terms; Modifications to Services
We may change provisions of these Terms at any time, including when there are changes in our Services, technology, or laws, or for other reasons. If we do, we will provide notice by posting the updated Terms on the Site. Any changed Terms will become effective immediately after they are posted and will apply prospectively to your use of our Services after the changes become effective, except that changes addressing modifications to our Services or new functions or changes made for legal reasons may be effective immediately, with or without notice to you. Your continued use following the effective date of any changes will constitute your acceptance of those changes. If you do not agree to any changed Terms, you must discontinue using our Services, products, websites and apps. We may discontinue, temporarily or permanently, our Services, products websites, apps, or any part thereof, or otherwise change the Services, Products, Sites, Apps we offer with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services, products, websites or apps.
Consent to Doing Business Electronically: Communications
Because our platform operates on the Internet, you consent to transact business with us electronically. You agree that we may provide notices to you by electronic means, for example, by posting it on our website, sending you an in-App message, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us or by sending a notification to your smartphone device. All notices by any of these methods will be deemed received by you no later than the earlier of when received or 24 hours after sent to the contact information you provided during your account creation or thereafter, except for notice by postal mail, which will be deemed received by you no later than the earlier of when received or 3 business days after it is mailed to the most recent address we have on file for you. When we send you an email notice, this is deemed to be received within 24h of us sending it to you.
You consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any purpose, at any telephone number or physical or electronic address you provided or at which you may be reached. You represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number, including a mobile telephone number.
You consent to receive SMS messages (including text messages), calls, and messages (including pre-recorded, artificial voice, and autodialed or automatically texted) from us, our agents, representatives, affiliates, or anyone calling or texting on our behalf at the specific numbers you have provided to us, or numbers we can reasonably associate with you or an Authorized User (through skip trace, caller ID capture, or other means), with information or questions relating to you or our Services. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine or voicemail, or send a message by text. Calls may be recorded.
To unsubscribe from text messages at any time, email us at firstname.lastname@example.org requesting us to STOP any further text message from us to you within a reasonable time after we confirm by return email receipt of your email request. If you unsubscribe, we may restrict your access to your online account and/or Company Account and we may terminate your use of our Services. You consent that following such a request to an unsubscribe, you may receive one final text message from us confirming your request and/or providing an alternative to access your online Company Account.
You also agree to receive alerts in any form at our sole discretion (i.e. by notification, email or other means) about your activity, balances, payments, suspicious activities, and other matters involving your use of the Site or App or the Services through push notifications to your smartphone or other device. Receipt of push notifications may be delayed or prevented by factors beyond our control, including those affecting your internet/phone provider. We are not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification content; or your use or reliance on the content of any push notification for any purposes. Each push notification may not be encrypted, and may include your name and information pertaining to your online account or use of the Site or App. We may terminate your use of push notifications at any time without notice. You may choose to discontinue receiving push notifications by updating your preferences on your smartphone or device. You acknowledge and agree that standard call, message, and data rates charged by your carrier apply to all communications by or with us.
In the event you change or deactivate your mobile telephone number, e-mail address, mailing address, or any other contact information you have provided, you agree to promptly update your contact information, in the knowledge that not doing so within a reasonable time of up to 1 week of any such change OR having wrong or false information in your account with us or information provided by you to us will automatically result in you non-compliance with our Terms of Service and may result in us closing your Account and restricting use of any of our Services at our sole discretion.
Accessing and Using Our Services
Eligibility and account creation. If you want to use certain features of the Services, you will have to create an account with us (an “Account”). You can create an Account if you have a pre-existing third-party email account. It’s important that you provide us with accurate, complete, and up-to-date information for your Account, and you agree to update such information as needed, to keep it accurate and complete. Failure to abide by this agreement may result in the suspension or termination of your Account.
Stay safe. During any of our Site, App or Product use, please be aware of your surroundings and use it safely. The internet and mobile or wireless Apps, Sites or Products are not 100% secure and as such we cannot guarantee that your use of App, Site or Product will be completely safe. Never share your passwords with anyone without any exceptions. Please be advised to be aware of your surrounding when using any Card and take precautions hiding your PIN when entering it anywhere and never lose sight of your personal- or your corporate- Card when paying somewhere through an in-store, in-restaurant or anywhere where a POS (Point of Sale) apparatus or also known as a payment terminal is used including when paying for anything from inside our app, SDK or Site, and we recommend that you store your Card in a metal box as to avoid any NFC (near field communications) fraud by unscrupulous individuals scamming others by contactless payments methods. You agree that your use of our Services, Sites, Apps, SDKs, servers and Products, is at your own risk.
Rights in app. Subject to your compliance with these Terms and Conditions, Company grants you a limited non-exclusive, non-transferable, non-sub-licensable license as a revocable license, at our sole discretion, to download and install a copy of the App on a mobile or wireless device, such as smartphone or tablet or any such other mobile or wireless device, and to run such copy of the App solely for your own personal, non-commercial purposes. In the event of you being a company, then a separate contract is required between you as a company and us. Except as expressly permitted in these Terms, you may not: (a) copy, modify or create derivative works based on the App; (b) Distribute, transfer, sub-license, lease, lend, or rent the App to any third party; (c) Reverse engineer, decompile, or disassemble the App; Or (d) make the functionality of the App available to multiple users through any means other than the functionality provided by the App as downloaded to your own private mobile or wireless device. Company reserves any and all rights in and to the App, our infrastructure, servers/ledgers not expressly granted to you under these Terms.
Provision of Certain Services; Account Application. In the future, our Services may include access to and maintenance of certain consumer financial products and accounts (each, an “Company Account” or “Account”) offered by a 3rd party financial services provider and/or its own 3rd party Financial Services company authorized by the corresponding “Financial Conduct Authority”, or equivalent in each territory, or any such other applicable in each territory, or by such 3rd party partners of Company (all together herein referred to as “Partner”). You understand that the Partner has sole discretion to approve or deny your application for a Company Account, or discontinue your Company Account, for any reason, subject to their own Terms and Conditions or applicable law. We or the Partner may limit or deny your access to any other aspect of the Service(s) or Product(s) for any reason, subject to our or theirs Terms and Conditions or applicable law.
Using any of our services including specifically those that you might obtain through us, we operate on a strictly no refund basis for all licenses fee, software fees, development fees, maintenance fees, transactions fees from any and all of our services, transactions and in particular from any payments or purchase or any such other form of payment.
Authorized Users. You may be permitted to add one or more Authorized Users to your Company Account(s) or permit an Authorized User to use the Services. Subject to approval, this may include your family members. Any family member who uses the Services must do so only as authorized by their parent or legal guardian, who must themselves be of majority age. You acknowledge that these Terms will apply to you and each Authorized User, and you hereby expressly accept these Terms on behalf of yourself and each Authorized User. You further agree to and accept full responsibility for any Authorized User’s use our Services, including but not limited to (a) any transactions made by an Authorized User on your Company Account; (b) any transaction made by an Authorized user even if the postdate shown on your statement for that transaction occurs after the date you ask us to remove the Authorized User from your Company Account; (c) any transaction made by others if an Authorized User allows them to use your Company Account; (d) Fees and charges resulting from any transaction made by an Authorized User or others if an Authorized User allows them to use your Account; and (e) any other financial charges and legal liability that an Authorized User may incur in connection with their use of your Company Account or an online account. You allow us to discuss your Company Account with an Authorized User, which includes giving him or her access to your transaction history and Company Account information. You also agree that an Authorized User may use and receive information about the Company Account the same way you do. By adding an Authorized User, you represent that you have permission from each one to allow us to share information about him or her as allowed by applicable law. This includes information we may get from you, any Authorized User, and information about their transactions and use of the Services.
Mobile Services: Special Terms Regarding Apple-Enabled Software Applications
We may potentially offer Services that are available via a mobile device, including the ability to access certain features through the App (collectively, the “Mobile Services”). To the extent you access our Services, or send or receive any communications with us through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using our Mobile Services, you agree that we may communicate with you by email, SMS, MMS, text message, app notifications, social media as WhatsApp or others or any such other electronic means to your mobile device or PC and, as a result, that certain information about your usage of our Mobile Services may be communicated to us.
The App and other Software may be made available through the Apple, Inc. (“Apple”) App Store, Android Marketplace or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and us only, and not with the Distribution Channel. To the extent that you use any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
With respect to Software that is potentially made available in future for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), or Google Android Marketplace enabled software, in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:
Company and you acknowledge that these Terms are between Company and you only, and not with Apple or Google, and that as between Company and Apple, or Company and Google, not Apple or Google.
You may not use the Apple-Enabled or Android-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software or Android Enabled Software in, or otherwise be in conflict with, the Apple App Store or Google Android market place Terms of Service which you confirm having read and accepted prior to using the Company services and before applying for a Company account.
Any license we may give you to use the Apple-Enabled or Android-Enabled Software is limited to a non-transferable license to use the Apple-Enabled or Android-Enabled Software on an iOS or Android product that you own or control, as permitted by the Usage Rules set forth in the Apple App Store or Google Android Market Place Terms of Service.
Apple nor Google has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled or Android-Enabled Software.
Apple or Google is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled or Android-Enabled Software to conform to any applicable warranty, you may notify Apple or Android.
You represent and warrant that (i) you are not located in a country that is subject to a United States of America (U.S), or European or United Kingdom Government embargo, or that has (ii) been designated by the U.S., or European or the United Kingdom Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S., or European or the United Kingdom Government list of prohibited or restricted parties, and (iv)you are not involved in any illegal or unlawful activities, including but not limited you warrant that you are not using any of our Services or Products – in any involvement with any Political Exposed Persons (PEPs), – in any Tax evasion, Tax avoidance, Money Laundry, Fraud or criminal activities, or any such other activities deemed illegal in any of the countries where our Services or Products can be accessed in any form, if intended or unintended.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software or Android-Enabled Software, they should be directed to Company as follows:
By e-mail: email@example.com
Company, and you acknowledge and agree that Apple, and Google and its subsidiaries, are third party beneficiaries of these Terms with respect to the Apple or Android -Enabled Software, and that, upon your acceptance of these Terms, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce these and their own Terms against you with respect to the Apple or Android -Enabled Software as a third party beneficiary.
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“Content”) that you upload, post, publish, or display (hereinafter, “Upload”), email, or otherwise use via our current or future Services. The following are examples of the kind of Content and/or use that is illegal or prohibited. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this section, including removing the offending Content from our Services, suspending or terminating the online account(s) and/or Company Account(s) of such violators, and reporting such violators to law enforcement authorities. You agree to not use our Services to:
Email or otherwise Upload any Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortuous, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically, or otherwise objectionable; or (vii) in our sole judgement, is objectionable or which restricts or inhibits any other person from using or enjoying our Services, or which may expose us or our users to any harm or liability of any type;
Interfere with or disrupt our Services, servers, or networks connected to our Services, or disobey any requirements, procedures, policies, or regulations of networks connected to our Services;
Violate any applicable local, state, national, or international law, or any regulations having the force of law;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Solicit personal information from anyone under the age of 18;
Harvest or collect email addresses or other contact information of other users from our Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
Obtain, or otherwise attempt to access or obtain, any materials or information through any means not intentionally made available or provided for through our Services.
Software available in connection with our Services and the transmission of applicable data, if any, is subject to United Kingdom and European controls. No Software may be downloaded from our Services or otherwise exported or re-exported in violation of United Kingdom or European export laws. Downloading or using our Services is at your sole risk. Recognising the global nature of the Internet, you agree to comply with all domestic and foreign laws regarding your use of our Services, including as it concerns online conduct and acceptable Content.
CONDUCT AND RESTRICTIONS.
You agree that you are responsible for your own conduct and user content while using the Services, and for any consequences thereof. By way of example, and not as a limitation, you agree that when using the Services and Content, you will not:
Use the Company Services, accessible through our Sites, Apps and Products if the originating internet source is not secure, such as but not limited to when on public places WIFI, unless you make use of a secure and trusted VPN (virtual private network).
Defame, abuse, harass, harm, stalk, threaten, or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
Upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading, or deceptive Content or message; Promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group;
Trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be;
Violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
Upload, post, or otherwise make available commercial messages or advertisements, pyramid schemes, or other disruptive notices;
Impersonate or misrepresent your affiliation with another person or entity;
Promote or provide instructional information about illegal or harmful activities or substances;
Promote or engage in physical harm, violence, or injury against any group or individual;
You may not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, interfere or limit the functionality of any computer software or hardware or telecommunications equipment.
Submit fake, falsified, misleading, or inappropriate data submissions, edits, or removals;
Post, upload, publish, submit, or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, third party’s password or data, moral rights, or other intellectual property rights, or rights of publicity or privacy;
Use, display, mirror, or frame the Services or any individual element within the Services, Company’s name, domain, trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a Site or App, without Company’s express written consent;
Access, tamper with, or misuse our Services, Company’s apps, computer systems, servers, ledgers, infrastructure or the technical delivery systems of Company’s providers;
Attempt to probe, scan, or test the vulnerability of any Company system, Our service providers or Our network or breach any of Our security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Company or any of our service providers or any other third party (including another user) to protect the Services or Content;
Attempt to access or search the Services or Content, or download Content from the Services through the use of any technology or means other than those provided by us or other generally available third-party web browsers (including, without limitation, automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind) ;
Extract, scrape, index, copy, or mirror the Services or Content or portions thereof (including but not limited to the database and other information about users) ;
Use any meta tags or other hidden text or metadata utilising Our trademark, logo, URL, or product name without Company’s express written and signed consent;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or firmware used to provide the Services or any of Our content, be it Our App or Product or any of Our server or Our websites;
Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Take any action that imposes, or may impose, an unreasonable or disproportionately large load(s) on the Services or Company’s infrastructure;
Delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
Use the Services or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms of Service, including but not limited to (a) gathering in App items or resources for sale outside the App, (b) performing services in the App in exchange for payment outside the App, or (c ) sell, resell, rent, or lease the App, Product or your Account;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Violate any applicable law or regulation; or
Encourage or enable directly or indirectly any other individual or firm to do any of the foregoing.
Commercial Use Prohibited.
All Services we offer are intended solely for your personal use only. Unless otherwise expressly authorized in these Terms or in our Services, you agree not to use, display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes our Services or any part of our Services, including use of or access to our Services, or those of third parties.
You must not use our Services, including the mobile Services, Services accessed through our Site or App, and your Company Account, for any illegal purpose whatsoever. You must not use your Company Account to fund any account that is set up to facilitate any direct or indirect illegal third-party service. We, our Partner(s) or any of our third-party service provider(s) may deny transactions or authorizations from individuals, companies or merchants that are apparently engaged in or are identified as engaged in illegal activities or illegal business.
Intellectual Property Rights
Services Content, Software, and Trademarks. You acknowledge and agree that our Services may contain Content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on our Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below in Section 10(c)) that you legally Upload to our Services. In connection with your use of our Services you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by us from accessing our Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (, by masking your IP address or using a proxy IP address). Any use of our Services or the Services Content other than as specifically authorized in these Terms is strictly prohibited. The technology and software underlying our Services or distributed in connection with our Services are the property of Company, our parent company, affiliates, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted in these Terms are reserved by us. The Rewire Holding LTD or Company name, trade name, domain name, and logos are our trademarks and service marks (collectively the “Company Trademarks”). Other product and service names and logos used and displayed via our Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in these Terms, any Additional Terms or our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company Trademarks displayed on our Services, without our prior written permission in each instance. All goodwill generated from the use of Company Trademarks will inure to our exclusive benefit.
Any 3rd party registered trademark used or visible in any of our Services or Products, including but not limited to its design is a trademark of such 3rd party in their own property. This includes any trademark or copyright of anything issued by any 3rd party service providers pursuant to an agreement between us and such 3rd party Services and Products Provider and in turn any further 3rd parties used by our contracted 3rd party or parties. We through a potentially current or future contracted 3rd party Partner, may provide their services and products for our users or our products and services for their users.
Third Party Material. Under no circumstances will we be liable in any way for any Content or materials of any third parties (including users), including for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content. You acknowledge that we do not pre-screen Content, but that we and our designees will have the right (but not the obligation) in our and their sole discretion to refuse or remove any Content that is available via our Services. Without limiting the foregoing, we and our designees will have the right to remove any Content that violates these Terms or is deemed by us, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
User Content Transmitted Through our Services. With respect to the Content or other materials you Upload through our Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title, and interest in and to such User Content, including all copyrights and rights of publicity. By Uploading any User Content, you grant us and our affiliates a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content solely in connection with the operation of our Services in any form, medium, or technology now known or later developed. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about our Services, submitted by you to us are non-confidential, and we will be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You understand that the technical processing and transmission of our Services, including your User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Policy. Company respects copyright law and expects its users to do the same. It is Company’s policy to terminate in appropriate circumstances Account holders who infringe or are believed to be repeatedly infringing the rights of copyright holders.
Referral Program. We may potentially in future offer users the opportunity to participate in a program that rewards users for referring their friends and family members to Company (“Referral Program”).
If you or we close one or more of your Company Account(s) for any reason, we may immediately require you to forfeit all of your referral rewards.
Fees, Taxes. There is no intended fee to participate in a future Referral Program. It is your responsibility to find out if you are liable for any federal, state, or local taxes or your personal or corporation country taxes as a result of earning rewards or from the use or rewards capital gains or an increase on capital value of any of the assets in your Company account. Your personal tax- and Your corporation tax- liabilities are your sole and own responsibility and we advise that you keep records of all your transactions (electronic records or screenshots of all your incoming, outgoing and consult your own applicable personal tax or your corporation tax situation with a reputable accountant.
Third Party Websites
Our Services may provide, or third parties may provide, links or other access to other third-party sites and resources on the Internet. We have no control over such sites and resources, and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using our Services are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.
However, please remember that the manner in which Social Networking Services use, store, and disclose your information is governed solely by the policies of such third parties, and we have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service. In addition, we are not responsible for the accuracy, availability, or reliability of any information, Content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. We enable these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
Disclaimer of Warranties
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY WARRANTIES NOR GUARANTIES FOR OUR APP AND PRODUCTS AND SERVICES TO BE FIT FOR PURPOSE AND WE ACCEPT NO LIABILITY FOR ANY FIT FOR PURPOSE OR MALFUNCTION OR ERRORS AND YOU IRREVOCABLY AGREE TO TEST YOURSELF IF THIS IS FOR YOU OR NOT AND IF NOT BEFORE COMMITTING ANY FUNDS AND IF NOT THAN MOVE AWAY FROM OUR PRODUCTS AND SERVICES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY AND ANY OF OUR OWN OR THIRD PARTY PRODUCTS OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (a) THE USE OR THE INABILITY TO USE OUR PRODUCTS OR SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (c) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (e) ANY OTHER MATTER RELATING TO OUR SERVICES. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN FEES OF THE LAST THREE (3) MONTHS BUT THEY ARE HEREWITH LIMITED TO A MAXIMUM OF GBP 99 (UK users) or EUR 99 (EEA excl. UK users) or $US 100 (non-EEA users), excluding US citizens who are not allowed to use our Products and services. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR PRODUCTS AND/OR SERVICES. A REMINDER FOR US CITIZENS, NAMELY THAT THE COMPANY PRODUCTS AND SERVICES EXCLUDE ANY AND ALL UNITED STATES OF AMERICA (USA) CITIZENS REGARDLESS IF THEY RESIDE IN THE USA OR IN ANY OTHER COUNTRY, AND US CITIZENS HEREWITH AGREE WHEN USING ANYWAY ANY OF OUR SERVICES THAT THEY HAVE NO RIGHTS TO CLAIM ANY LIABILITIES TO COMPANY AS THEY ARE EXCLUDED FROM THE USE OF OUR PRODUCTS AND SERVICES AND MORE IN PARTICULAR FROM THE USE OF OUR INFRASTRUCTURE, PRODUCT(S), WEBSITE(S) AND APP(S).
EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE APPLICATION, SERVER OR WEBSITE, OR ITS RELATED INFORMATION OR PROGRAMS. IN NO EVENT SHALL WE AND OUR AFFILIATES’ TOTAL CUMULATIVE LIABILITY TO YOU, WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EXCEED IN AGGREGATE ONE HUNDRED EUROS (100 EUR). THE FOREGOING LIMITATIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF DEEMED TO FAIL OF THEIR ESSENTIAL PURPOSE.
You agree that we (Company), in our sole discretion, may suspend, restrict access to, or terminate your online account (or any or all of your Company Account(s)) or use of our Services and remove and discard any Content within our Services, for any reason, including for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of our Services may be referred to appropriate law enforcement authorities. You agree that any termination of your access to our Services under any provision of these Terms may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your online account and all related information and files in your online account and/or bar any further access to such files or our Services, subject to applicable law. Further, you agree that we will not be liable to you or any third party for any termination of your access to our Services.
Upon any termination, discontinuation, or cancellation of Services, Products or your Account, the provisions of these Terms will survive termination: Rights Granted by you to us; Disclaimer of Warranties; Indemnity; Limitation of Liability; Dispute Resolution; General Terms; and this sentence.
Interactions with Other Users
You agree that you are solely responsible for your interactions with any other user in connection with our Services, and we will have no liability or responsibility with respect your interactions. We reserve the right, but has no obligation, to become involved in any way with disputes between you and any other user of our Services.
The content and opinions expressed through non official channels that are not fully owned by the Company (for example but not limited to, Youtube channel called “Mr. Santos” https://m.youtube.com/channel/UCo3hRG_jF6lAVzOUh_UM5Sg or others from the same individual owner https://www.instagram.com/mrsantoscoach/ or https://m.facebook.com/mrsantoscoach/ etc.) are the sole and exclusive opinion and responsibility of the author, and may differ from those of the Company and as such do not represent the Company nor express in any way the opinion of the Company and thus no liabilities of any kind are attributable to the Company.
These Terms constitute the entire agreement between you and us and govern your use of our Services, superseding any prior agreements between you and us with respect to our Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party Content, or third-party software. These Terms will be governed by the laws of Estonia without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth below, you and we agree to submit to the exclusive jurisdiction of the “small claims courts of a London County, United kingdom”, subject to the limitations and obligations of these Terms. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms without our prior written consent, but we may assign or transfer these Terms, in whole or in part, without restriction.
Dispute Resolution and exclusion of Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. You and Company waive any and all arbitration rights and agree to settle first amicably and if no settlement reached than seek a settlement in any “London based small claims court” through an application in a “small claims court” of a London County under applicable United Kingdom law, restricted at all times by the Terms herein.
Prohibition of Class Actions and Representative Actions and Non-Individualised Relief
YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOUR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS.
All aspects of any proceeding(s) between you and Company, and any ruling, decision, or award by a London County small claims court or any amicable settlement between you and Company will be strictly confidential for the benefit of all parties, but at all times subject to the limitations of liabilities and these Terms.
Any and all communications from us to you in any form or by any means whatsoever, be it marked as confidential or not marked as confidential, are always private and confidential and are to be treated by you with the utmost care of protection and non-disclosure to any 3rd party or publicly without the prior written consent of us. If a court, with jurisdiction and in compliance with these Terms and Conditions, requests disclosure of any information you received from us then you will notify us with sufficient time as to allow us to take any and all required protective measures to seek an injunction, limit our liabilities and seek any and all legal advice prior to you releasing any such information.
If a court decides that any term or provision of this Terms & Conditions Agreement is invalid or unenforceable, the parties agree to replace such word, phrase, paragraph term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. The remainder of these Terms will continue to apply as are and the affected ones replaced by compliant wording having the same original intend or meaning. Both you and we agree irrevocably to be strictly and only subject for any matter related to you and we, to be subject to the laws of Estonia and any and all disputes or court filings be done by you exclusively in a “small claims court” based in a London County under England (United Kingdom) law.
EXCLUSION OF RIGHT OF USE
Changes to these Terms and Conditions
We welcome feedback, comments, and suggestions for improvements to the Services. You can submit feedback by reaching out to us on our social media, by emailing us or any such other means of contact we make available from time to time. By sending us any feedback you agree irrevocably that you grant to us an exclusive, worldwide, perpetual, irrevocable, fully paid, royalty free, sub-licensable, and transferable license under any and all intellectual property rights and any such other rights that you own or control to use, improve, copy, modify, distribute, commercialize, market and create derivative works based upon, and otherwise exploit the feedback for any purpose.
Explicit agreed by you with us.
YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY’S DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN SIGNED CONSENT OF COMPANY.
These Terms of Service shall be governed by and construed in accordance with the laws of Estonia, without giving effect to the conflict of laws or provisions of United Kingdom or European law. Any legal proceedings arising out of or relating to this Agreement will be exclusively subject to the jurisdiction of the courts of Estonia and at all times also in compliance with these Terms of Service.
This Agreement constitutes the entire agreement between you and us.