Terms of Use for Costless Pricer.lt

Costless Pricer.lt mobile application (hereinafter - “Mobile Application”, “Mobile App”, “Costless Pricer.lt” or “Costless Pricer.lt application”) is made available by SANNACODE & Pricer.lt companies (hereinafter - “We” or “Sannacode & Pricer.lt” or “Developer”). Terms of Use for Costless Pricer.lt are set for the use of: Costless Pricer.lt mobile applications for Android and iOS devices we provide, emails we send you and the information services, content and transaction capabilities available through them; the range of services available on and through the Mobile Application (hereinafter - “Services”). You, the user of the Mobile Application, confirm your acceptance of these Mobile Application terms of use (“Terms of Use”). We reserve the right to amend these Terms of Use at any time. If you do not agree to these Terms of Use, you must immediately uninstall the Mobile Application and discontinue its use. Continued use of the Mobile Application will constitute acceptance of these Terms of Use, as may be amended from time to time. Please check these Terms of Use regularly to ensure you are aware of any variations made by us. Terms of Use presented below are the basic rights and obligations that arise between you and Sannacode & Pricer.lt when you use Costless Pricer.lt application. You must read Costless Pricer.lt’s Privacy Policy which governs the protection and use of personal information about Users in the possession of Costless Pricer.lt and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy. 1. General Provisions 1.1 Applicability of terms. The use of the Mobile Application is the subject to these Terms of Use. By downloading, browsing, accessing or using Mobile Application, you agree to be bound by these Terms of Use. 1.2 Permission to use Mobile Application: If you are under the age of consent in your country to form a binding agreement, you should only use Mobile Application if you are either an emancipated minor, or have the legal consent of your parent or guardian for your use of the Mobile Application. You should use Mobile Application only if you are fully able to understand and enter into and comply with these Terms of Use. 1.3 Location: The Mobile Application is intended solely for use by Users who access the Mobile Application in Ukraine. We make no representation that the services are available or otherwise suitable for use outside of Ukraine. Notwithstanding the above, if you access the Mobile Application from locations outside Ukraine, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws. 1.4 Scope: The Mobile Application is for your non-commercial, personal use only and must not be used for business purposes. 1.5 Data: The Information you give us to use the Mobile Application must be correct. To access the Mobile Application Services or some of the features we offer in our Services, you will be asked to provide true and complete registration details. If we believe the details are not correct, current, or complete, we have the right to prevent you from accessing our Services, or any of its resources and to terminate or suspend your account. 1.6 Prevention on use: We reserve the right to prevent you using the Mobile Application and the Services (or any part of them). 1.7 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. To use the Mobile Application or Services, 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. 1.8 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. 2. Content Provisions 2.1 Public Content. All Content, including without limitation, any descriptions and images of, and references to, third- party products or services available in connection with the Services, advice, recommendation or opinion, offer, promotion or coupon, grocery or other product, service, retailer, recipe, drug, and health information is provided on or through the Services for informational purposes only, and should not be construed to indicate that any such Content is endorsed by us, nor is there any representation or warranty by us that the Content is reliable, accurate, timely, complete, effective, or safe for your use. All Content, including without limitation, any descriptions, images, references, features, content, specifications, products and prices of products and services and values of any coupon, offer or promotion featured through the Services, list of shops, list of loyalty cards are subject to change at any time without notice. Costless Pricer.lt shall have no liability in the event a product or value of any offer or promotion is listed at an incorrect amount due to an error, error in information received from our suppliers or other error. We reserve the right, with or without prior notice, to limit the availability of or to discontinue any Services, Content or products; to impose or enforce conditions on the use of any coupon, offer or other promotion; to bar any user from using the Services, Content or making a purchase(s); and/or to refuse to provide any user with any product, Content or Service or to limit the quantity of product(s), Content or Services available to him or her. 2.2 User Content 2.2.1 Our Mobile Application has different features to share information. However, because we want to protect you and other Users and make sure your experience is positive, we reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content on the Services, to suspend or terminate users without liability to us, including where such User Content, in our sole discretion, violates these Terms or any additional terms, or that we otherwise find objectionable. We also reserve the right to respond to user support requests or reports provided through the apps, or protect the rights, property or safety of the apps, users and the public. 2.2.2 When adding a receipt to our Mobile Application you agree that your content is public meaning you allow anyone in our apps and elsewhere to view it and associate it with you. Your content may be used to help improve the way we offer content to you and other users. By posting or uploading any User Content to our Mobile Application you specifically grant us the non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property rights for the content that you share publicly on or in connection with our Service. This License will end once you delete such content or your account unless users who have seen the content saved it. Removed content may remain in backup copies for a reasonable period of time (but will not be available to others). 2.2.3 Our Use of Your User Content. We will consider anything you provide in our Mobile Application, including feedback, suggestions and/or contributions to the Services as available to our use free of any obligations to you (including any payment). Under no circumstances will we pay you for the use of your ideas or submissions. Claims of Infringement. If you believe that any materials accessible on or from the Services infringe your copyrights, you may request the removal of those materials (or access thereto) by contacting the support service. 2.2.4 Responsibility for Your Use. You may only use our apps, Services and its contents for legal purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any illegal material through this Service, otherwise you may be exposed to criminal and/or civil liability. You agree that if a third-party claims that material you have contributed to the Mobile Application is illegal, you will bear the burden of establishing that it is legal. You understand and agree that all materials publicly posted or privately transmitted on or through this Service are the sole responsibility of the sender, not us, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through the Services. 3. Service 3.1. Costless Pricer.lt Mobile Application provide information on, including but not limited to: products’ images, products’ names, products’ prices, shops’ logos, shops’ names, shops’ addresses, shops’ working hours, shops’ deals. Costless Pricer.lt mobile app allows various types of comparisons to be made between supermarkets and products and services available at those supermarkets. Costless Pricer.lt is not responsible for the errors, omissions, or expiration of prices and coupons. It is your responsibility to make sure that a price, discount, special sales, or coupon offer is present at the applicable business. All prices and deals featured as a part of the Service are subject to change without notice. We have no control over the legality of any prices or the ability of any business to complete the sale in accordance with the prices. Note that Costless Pricer.lt mobile app does not sell you anything and we will not be a party to any transactions with supermarkets. 3.2 Costless Pricer.lt provided status information may contain links to third party websites that are not owned or controlled by Us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, We will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that We shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website. 3.3 In order to access and use features of the Service, you acknowledge and agree that you will have to provide the Mobile Application with your loyalty card number. When providing your loyalty card number, you must provide accurate and complete information. You should never use other person's loyalty card number without their permission. 4. Access Provisions 4.1 Without prejudice to our other rights and remedies, We reserve the right to temporarily or permanently suspend or disable your access to the Mobile Application at any time without notice to You in case you breach any of the provisions herein. 4.2 In case We, in Our sole discretion, consider that you are making any illegal and/or unauthorised use of the App, and/or your Use of the App is in breach of these Terms, We reserve the right to take any necessary action including termination Your Use of the App without notice and/or in case of illegal use instigate legal proceedings. 4.3 We reserve the right to make any changes to the App or to discontinue any aspect or feature of the App without any notice. 5. Email Communications, location alerts and notifications 5.1 You agree to receive pre-programmed notifications (“Location Alerts”) on the Mobile Application if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be). 5.2 When you sign up for an account, you are, by default, opted in to receive email communications from the Service. You may opt out of receiving email communications in accordance with Costless Pricer.lt’s Mobile Application Privacy Policy. Upon download of the App, your ability to receive push notifications on your device may be enabled. This may include promotional communications, offers, and system messages pushed to the device. 6. Intellectual property provisions 6.1 All content, information, data, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks, documents, texts, videos, sounds, other files on the Mobile Application are protected by Ukrainian and international copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. 6.2 Nothing contained on the Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the Mobile Application is prohibited. 6.3 We will not hesitate to take legal action against any unauthorised usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trade marks of their respective owners. 6.4 You agree to use the Mobile Application or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Mobile Application, and (b) you will not copy, reproduce, download, compile or otherwise use any Mobile Application Content for the purposes of operating a business that competes with Costless Pricer.lt or otherwise commercially exploiting the Mobile Application Content. Systematic retrieval of Mobile Application Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Costless Pricer.lt is prohibited. Use of any content or materials on the Mobile Application for any purpose not expressly permitted in the Terms is prohibited. 7. Prohibited Uses 7.1 You will not: (a) use this Service for any commercial purpose; (b) access, monitor or copy any content or information on the Service using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (c) violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (e) deep- link to any portion of the Service (including, without limitation, the direct link to a store, product or price) for any purpose without our express written permission; or (f) “frame”, “mirror” or otherwise incorporate any part of the Service into any other website or product without our prior written authorization; or (g) intentionally or unintentionally violate any applicable local, state, national or international law or regulation. 8. Member Account 8.1 User must be registered in the Mobile Application to access or use some Services (a registered User is also referred to as a “Member” below). Except with Costless Pricer.lt’s approval, one User may only register one member account in the Mobile Application. Features such as shopping list creation, adding loyalty cards, adding receipts are accessible only for registered Users. 8.2 If you register for an account, you will be asked to provide your name, password, e-mail address, phone number, date of birth (“Account Information”). You may also register account using your Facebook account or Google Plus account. You agree to provide accurate, truthful, current and complete Account Information and promptly update this information if it changes. You are responsible for all activities that occur in connection with your account. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. 9. Indemnity You agree to defend, indemnify and hold harmless Costless Pricer.lt, its parent corporation Sannacode & Pricer.lt, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Service. 10. Warranties and Liabilities 10.1 We provide Users with access to the Mobile Application free of charge and, to the maximum extent permitted by law. We shall not be liable for any loss, injury or damage of whatever kind caused in whole or in part by Use of the Mobile Application or the Content, or by any failure, delay, interruption or otherwise of the provision of the Mobile Application or the Content, or by Our failure to perform any of Our obligations under these Terms. We do not guarantee that the prices, availability products in shops, loyalty card numbers, promotions, coupons, information and advice are accurate or valid. You are advised to check any discounts or promotions have been applied and are still valid prior to committing to any purchase. 10.2 Links to third party websites and companies may appear in the Mobile Application. We accept no responsibility for the availability, suitability, reliability or content of such third party websites and do not necessarily endorse the views expressed within them. 10.3 The Mobile Application, the Services, the information on the Mobile Application and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied. 10.4 We do not warrant that the Mobile Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Mobile Application 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. 10.5 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. 10.6 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 Mobile Application and these Terms of Use. For the purposes of these Terms 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. 10.7 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. 10.8 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. 11. Local Regulations. We make no representation that our apps are available for use or permitted by law in any particular location. To the extent you choose to access our Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country you reside in. 12. Intellectual Property. You understand and agree that the Service is protected by trademarks, copyright, service marks, or other property rights and laws. Therefore, you must have appropriate authorization before reproducing, distributing, copying, or taking and changing any of the contents of the Service. 13. Severability. If anything in the Terms is found by the appropriate legal jurisdiction and authority to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of the Terms will not be affected and those provisions will remain in full force and effect. 14. Privacy Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. 15. Deals, Advertisements and Promotions The Service may contain deals, advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, parties other than Costless Pricer.lt, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services. 16. User Communications Except as set forth in our Privacy Notice, any information and materials you submit to us via the Services, email, or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein will not be considered confidential. You agree that we are free, consistent with the Privacy Notice, to use, reproduce, modify, distribute, display, perform, broadcast, sublicense, and disclose any information you provide in any manner, in any form or medium, without any obligation, express or implied, to you, without any notification, payment or attribution to you. 17. Choice of law, Dispute Resolution & Arbitration These Terms of Use are governed by the Ukrainian laws. Further, you and Sannacode & Pricer.lt agree to the exclusive jurisdiction of the courts of Ukraine to resolve any dispute, claim or controversy that arises in connection with these Agreements. We expect that our customer service team will be able to resolve most issues you may have using the Services. You can contact our customer service team. If an issue remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and we agree to the following resolution process. In an attempt to find the quickest and most efficient resolution of issues, you and we agree to first discuss any issue informally for at least 30 days, except as provided below. To do that, you should provide us with your full name, your contact email and/or mailing address, your concern, and your proposed solution by certified mail to us at mail@sannacode.com. Any controversy or claim arising out of or relating to the Service or these Terms must be commenced within one year after the claim arose.