End User License Agreement
The Shopchums iOS or Android mobile application is licensed to You by Shopchums for use only under the terms of this License Agreement. By downloading the Shopchums APP from the "Google Play Store" and "Apple App Store", and any update thereto, You indicate that You agree to be bound by all of the terms and conditions of this License agreement, and that You accept this License Agreement.
In this document, the words or phrases following shall have certain meanings:
a) We, Us, Our all mean Shopchums;
b) Shopchums means the Shopchums App;
c) You, Your, Users, End User(s) all mean, as appropriate in their context, everyone registered and having an account on the Shopchums App;
d) License means the right to use the Shopchums App;
e) License Agreement means this agreement.
The parties to this License Agreement acknowledge that Google and Android are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Shopchums APP, such as warranty, liability, maintenance and support thereof. Shopchums, not Google or Apple, is solely responsible for the Shopchums App and the content thereof.
This License Agreement for the Shopchums App may not provide for usage rules that are in conflict with the latest "Google Play Store" and "Apple App Store” Terms of Service.
All rights not expressly granted to You are reserved.
1. The Shopchums App
The Shopchums App is a piece of software created to facilitate connections amongst Users on the Shopchums Platform - and is customized for Android and Apple mobile devices. It gives Users the opportunity to create a profile, through which other Users are encouraged to share information, create Tags and Shopcasts, and distribute Users’ content and offers, at each User’s initiative.
2. Apple and Android Devices
2.1. The following terms apply when You use Our App obtained from either the Apple, or Android store (each an “App Distributor”) to access the Shopchums Platform.
2.2. The License granted to You for Our App is a non-transferable License to use the Shopchums App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
2.2.1. We are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this License Agreement or as otherwise required under applicable law, and You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
2.2.2. in the event of any failure of the App to conform to any applicable warranty, You may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App;
2.2.3. You must comply with applicable third-party terms of agreement when using the App,
2.2.4.You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this License contained in this License Agreement, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this License contained in this License Agreement against You as a third-party beneficiary thereof.
3. Scope of License
3.1.You are given a non-transferable, non-exclusive, non-sublicensable License to install and use Shopchums App on any Apple and Android branded Products that You own or control and as permitted by the Usage Rules set forth in this section and the “Google Play Store” and “Apple App Store” Terms of Service.
3.2. This License will also govern any updates of the Shopchums App provided by Shopchums that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
3.3. You may not share or make the Shopchums App available to third parties, nor sell, rent, lend, lease or otherwise redistribute the Shopchums App.
3.4. You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Shopchums App, or any part thereof.
3.5. You may not copy or alter the Shopchums App or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this License, the “Google Play Store” and “Apple App Store” Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
3.6. Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
3.7. Shopchums reserves the right to modify the terms and conditions of licensing.
3.8. Nothing in this License should be interpreted to restrict third-party terms. When using the Shopchums App, You must ensure that You comply with applicable third-party terms and conditions.
4. Technical Requirements
4.1 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Shopchums App satisfies the technical specifications mentioned above.
4.2 Shopchums reserves the right to modify the technical specifications as it sees appropriate at any time.
5.1. Shopchums' responsibility, in the case of violation of obligations and tort, shall be limited to intent and gross negligence. In case of a breach of essential contractual duties (cardinal obligations), Shopchums liability shall be limited to slight negligence. In any case, liability shall be limited to foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
5.2. Shopchums takes no accountability or responsibility for any damages caused due to a breach of duties according to this Agreement.
6.1. Shopchums warrants that the Shopchums App is free of spyware, trojan horses, viruses, or any other malware at the time of your download.
6.2. No warranty is provided for the Shopchums App that is not executable on a device that has been modified without authorization, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used withinappropriate accessories, regardless if by yourself or by third parties, or if there are any other reasons outside of Shopchums' sphere of influence that affect the executability of the Shopchums App.
6.3. If the User is an entrepreneur, any claim based on fault expires after a statutory period of limitation, which is twelve (12) months starting with the date of first use by the User. The statutory periods of limitation in applicable laws apply for Users who are consumers.
7. Legal Compliance
You represent and warrant that You are not located in a country that is subject to a Canadian Government embargo or sanction, or that has been designated by the Canadian Government as a "terrorist supporting" country; and that You are not listed on any Canadian Government list of prohibited or restricted parties.
The License is valid until terminated by Shopchums or by You. Your rights under this License will terminate automatically and without notice from Shopchums if You fail to adhere to any term(s) of this License. Upon License termination, You shall stop all use of the Shopchums App, and destroy all copies, full or partial, of the Shopchums APP.
9. Third-Party Terms
Shopchums represents and warrants that Shopchums will comply with applicable third-party terms of agreement when using this licensed Application.
10. Intellectual Property Rights
Shopchums and the End-User acknowledge that, in the event of any third-party claim is made that the Shopchums APP, or the End-User's possession and use of the Shopchums App infringes on the third party's intellectual property rights, Shopchums, and not Google or Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
11. Other Important Terms
11.1. We may transfer our rights and obligations under these terms to another organization, but this will not affect Your rights or obligations under these Terms.
11.2. You may not transfer Your rights or your obligations under these terms to another person, unless We expressly agree in writing in advance.
11.3. No joint venture, partnership or agency or employment relationship has arisen by reason of these terms.
11.4. These terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that You shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or any document expressly referred to in it. You agree that You shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms or any document expressly referred to in it.
11.5. If We fail to insist that You perform any of your obligations under these terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
11.6. Each of the conditions of these terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
11.7.These terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of Canada. In the event of any such disputes or claims in connection with these terms, You agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days of appropriate notice given by either party to the other herein , we both irrevocably submit to the exclusive jurisdiction of the courts of Canada.