2.1.1. The Mobile Application may include in-app purchases that allow you to buy things such as additional features within the Mobile Application, such as posting on Forum section, asking for help and so on, to use within the app ("In-App Purchases"). If it does, it will not be necessary to make any In App Purchases in order to use the Mobile Application. Whilst you cannot switch off In-App Purchases from being offered to you within the Mobile Application and there is no cap on the number of In-App Purchases you can make, you can switch off/manage your ability to complete In-App Purchases by altering the settings on the device you use to start the Mobile Application (see clause 2.3 below for more on this). You acknowledge and agree that you are fully responsible for managing your In-App Purchases and the amount you spend on In-App Purchases within the Mobile Application. 2.2 If you are under 18 then you must have your parents' or guardians' permission to make any In-App Purchases. By completing an In-App Purchase, you are confirming to us that you have any and all permission that may be necessary in order to allow you to make that ln-App Purchase. 2.3 More information about how you may be able to switch off and/or manage In-App Purchases using your device may be set out in the App Store Provider's terms and conditions/EULA, in your device's help settings or online. If you are a parent or guardian of someone under the age of 18 we recommend that you consider any parental controls that may be provided by the App Store Provider if you are concerned that your child may make excessive In-App Purchases. 2.4 In App Purchases can only be consumed within the Mobile Application. If you make an In-App Purchase, that In-App Purchase cannot be cancelled after you have initiated its download. In-App Purchases cannot be redeemed for cash or other consideration or otherwise transferred. If you make any In-App Purchases in the Mobile Application, then the App Store Provider's terms and conditions/EULA applicable to In-App Purchases will also apply. 2.5 If any In-App Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement In-App Purchase or issue you with a patch to repair the fault. In no event will we charge you anything further to replace or repair the In-App Purchase. In the unlikely event that we are unable to replace or repair the relevant In-App Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorise the App Store Provider to refund you an amount up to the cost of the relevant In-App Purchase. Alternatively, if you wish to request a refund, you may do so by contacting the App Store Provider directly. 2.6 You acknowledge and agree that all billing and transaction processes are handled by the App Store Provider frorn whose platform you downloaded the Mobile Application and are governed by the App Store Provider's terms and conditions/EULA. If you have any payment related issues with In-App Purchases then you need to contact the App Store Provider directly.
GENERAL ISSUES ABOUT THE MOBILE APPLICATION AND THE SERVICES
3.1 Applicability of terms and conditions: The use of any Services and/or the Mobile Application and the making of any Redemptions are subject to these Terms and Conditions of Use. 3.2 Scope: The Mobile Application, the Services and any Redemptions are for your non-commercial, personal use only and must not be used for business purposes. 3.3 Prevention on use: We reserve the right to prevent you using the Mobile Application and the Service (or any part of them) and to prevent you from making any Redemptions. 3.4 Equipment and Networks: 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 or make any Redemptions. To use the Mobile Application or Services or to make Redemptions, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using the Mobile Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile Application or any such third party charges as may arise. You accept responsibility for any such charges that arise. 3.5 Permission to use Mobile Application: If you are not the bill payer for the mobile telephone or handheld device being used to access the Mobile Application, you will be assumed to have received permission from the bill payer for using the Mobile Application. 3.6 License to Use Material: By submitting any text or images (including photographs) (“Material”) via the Application, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote any products or services.
LOCATION ALERTS AND NOTIFICATIONS
4.1 You agree to receive pre-programmed notifications (“Location Alerts”) on the Mobile Application from Merchants if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be).
5.1 Merchant terms: You agree to (and shall) abide by the terms and conditions of the relevant Merchant for which your Redemption relates to, as may be amended from time to time. 5.2 Accurate information: 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. 5.3 Content on the Mobile Application and Service: It is your responsibility to ensure that any products, Samples or information available through the Mobile Application or the Services meet your specific requirements before making any Redemption. 5.4 Prohibitions in relation to usage of Services or Mobile Application: Without limitation, you undertake not to use or permit anyone else to use the Services or Mobile Application:- 5.4.1 to send or receive any material which is not civil or tasteful 5.4.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights; 5.4.3 to send or receive any material for which you have not obtained all necessary licences 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; 5.4.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); 5.4.5 to cause annoyance, inconvenience or needless anxiety; 5.4.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system; 5.4.7 for a purpose other than which we have designed them or intended them to be used; 5.4.8 for any fraudulent purpose; 5.4.9 other than in conformance with accepted Internet practices and practices of any connected networks; 5.4.10 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 5.4.11 in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure. 5.5 Prohibitions in relation to usage of Services, Mobile Application: Without limitation, you further undertake not to or permit anyone else to:- 5.5.1 resell any products or Samples ; 5.5.2 furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers; 5.5.3 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan); 5.5.4 execute any form of network monitoring which will intercept data not intended for you; 5.5.5 enter into fraudulent interactions or transactions with us or a Merchant (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party); 5.5.6 extract data from or hack into the Mobile Application; 5.5.7 use the Services or Mobile Application in breach of these Terms and Conditions of Use; 5.5.8 engage in any unlawful activity in connection with the use of the Mobile Application or the Services; or 5.5.9 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.
6.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Mobile Application will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at email@example.com. 6.2 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. 6.3 We do not give any warranty that the Services and the Mobile Application are free from viruses or anything else which may have a harmful effect on any technology. 6.4 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. 6.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
29, Trilogy Apartments, Apt 2, Francesco Zahra Street,
Birkirkara, BKR 1782, Malta