PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR SERVICES.
appiGo, (“appiGo,” “we,” “us,” or “our”) welcomes you. We’re really excited that you have decided to access and use our services.
1. YOUR USE OF THE APPLICATION OR THE SERVICE
You certify that the information you provide to appiGo is accurate and complete. appiGo is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons. You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your device.
By using the Application or the Service, you further agree that:
- You will only use the Service or download the Application for your sole, personal use and will not resell it to a third party.
- You will not authorize others to use your account.
- You will not assign or otherwise transfer your account to any other person or legal entity.
- You will not use an account that is subject to any rights of a person other than you without appropriate authorization.
- You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Service or Application to cause nuisance, annoyance or inconvenience.
- You will not impair the proper operation of the network.
- You will not try to harm the Service or Application in any way whatsoever.
- You will not copy, or distribute the Application or other appiGo Content without written permission from appiGo.
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application.
- You will provide us with whatever proof of identity we may reasonably request
- You will only use an access point or 3G data account (AP) which you are authorized to use
- You will not use the Service or Application with an incompatible or unauthorized device
- You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service.
Merchant shall be responsible for all pricing of products and services offered through the Webstore. The merchant must ensure that pricing for products and services adhere to government rules and regulations. All product pricing should be within the stipulated Maximum Retail Price. In the event that a merchant has priced product or services above the Maximum Retail Price, appiGo will have the right to immediately terminate the contract and delist the merchant from the online portal.
appiGo reserves the right to revise or change the pricing and fees charged from you based on software services and maintenance needs. Prior to fee changes, we will notify you in writing 30 (thirty) days before all changes go into effect. Your use of the
service after the effective date of change confirms your agreement to the changes.
The rates that apply for the delivery services by the Delivery Provider can be found before placing the order through the Application. These may be modified or updated by you from time to time. It is your own responsibility to remain informed about the current rates for the delivery services.
The information, recommendations and/or services provided to you on or through the Service and the Application is for general information purposes only and does not constitute advice. appiGo will reasonably keep the Application and its contents correct
and up to date but does not guarantee that (the contents of) the Application is free of errors, defects, malware and viruses or that the Application is correct, up to date and accurate.
The quality of the delivery services requested through the use of the Application or the Service is entirely the responsibility of the Delivery Provider who ultimately provides such delivery services to you. appiGo under no circumstance accepts liability in connection with and/or arising from the Delivery services provided by the Delivery Provider or any acts, actions, behavior, conduct, and/or negligence on the part of the Delivery Provider.
5. LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY
For the purpose of this User Term, the following definitions apply:
"Content" means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
"appiGo Content" means Content owned or used by appiGo, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party, but excluding User Content.
"User" means a person who accesses or uses the Service or Application.
"User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Service or Application.
"Collective Content" means, collectively, appiGo Content and User Content.
Subject to your compliance with these User Terms, appiGo grants you a limited, non-exclusive, non-transferable license:
- To view, any appiGo Content solely for your personal and non-commercial purposes
- To view any User Content to which you are permitted access solely for your personal and non-commercial purposes
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of appiGo. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by appiGo or its licensors, except for the licenses and rights expressly granted in these User Terms.
6. APPLICATION LICENSE
Subject to your compliance with these User Terms, appiGo grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application
solely for your own personal use.
You shall not
- License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way
- Modify or make derivative works based upon the Service or Application
- Reverse engineer or access the Application in order to
- design or build a competitive product or service,
- design or build a product using similar ideas, features, functions or graphics of the Service or Application, or
- copy any ideas, features, functions or graphics of the Service or Application, or
- Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.
appiGo will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. appiGo may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms.
You acknowledge that appiGo has no obligation to monitor your access to or use of the Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Application and Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
7. COPYRIGHT POLICY
appiGo respects copyright law and expects its users to do the same. It is appiGo’s policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders.
8. YOU ACKNOWLEDGE AND AGREE THAT
- These User Terms are valid between you and appiGo only, and not Apple, and
- appiGo, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between appiGo and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of appiGo.
You and appiGo acknowledge that, as between appiGo and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to:
- product liability claims
- any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement
- claims arising under consumer protection or similar legislation.
You and appiGo acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between appiGo
and Apple, appiGo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You and appiGo acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of these User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these User Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other provisions of these User Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
9. OVERALL QUALITY OF SERVICE
While appiGo is not directly involved in facilitating the purchase, sale or delivery of goods, we want our consumers to have good experiences shopping for products they find on appiGo. We want merchants to offer the best customer service possible, and
that includes setting clear expectations about product quality, price, delivery times and return processes. And, of course, we want merchants to meet those expectations.
Merchants are responsible for making sure they follow all relevant laws, regulations and industry codes when they use our service. Merchants are also responsible for handling and responding to all purchases, deliveries, customer service questions, complaints, problems and disputes.
We reserve the right to remove products for violating these guidelines and to shut down feed access from any merchant based on poor third-party ratings or a record of complaints. We may remove anything for any reason.
10. TERM AND TERMINATION OF THE CONTRACT
The Contract between appiGo and you is concluded for an indefinite period.
You are entitled to terminate the Contract at all times by permanent deletion of the Application installed on your smart phone, thus disabling the use by you of the Application and the Service.
appiGo is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the Application and the Service) if you:
- violate or breach any term of these User Terms, or
- in the opinion of appiGo, misuse the Application or the Service. appiGo is not obliged to give notice of the termination of the Contract in advance. After termination appiGo will give notice thereof in accordance with these User Terms.
11. INVALIDITY OF ONE OR MORE PROVISIONS
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
12. MODIFICATION OF THE SERVICE AND USER TERMS
appiGo reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by sending you notice through the Service, Application or via email. appiGo may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
appiGo may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in appiGo's account information, or by written communication sent by regular mail to your address on record in appiGo's account information.