1. USER AGREEMENT BETWEEN USER AND THE COMPANY
The GoUp Loyalty Programme (hereinafter referred to as the “Application”) is offered to you by ETGA Solutions Ltd (hereinafter referred to as the “Company”), jointly referred to as “we” and/or “us”.
Use of the Application is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Please read these Terms & Conditions carefully and contact us if you have any questions. Your use of the Application constitutes your agreement to all such terms, conditions, and notices. Our services are also governed by our Privacy Policy, which includes the way personal data is collected, used and stored. In addition, you may find the FAQs section helpful. These Terms & Conditions apply to all the Members and anyone that has downloaded the Application.
2. MODIFICATION OF THESE TERMS & CONDITIONS
We reserve the right to amend and occasionally update these terms, conditions, and notices under which the Application is offered. We encourage you to periodically review these terms. In case we make material changes to these Terms & Conditions, we will provide notice to you through the Application and/or our services, or by emailing you, or by other means, to provide you with the opportunity to review the changes before they become effective and in case you disagree, enable you to object to the changes made and/or elect to close your account and end your membership.
If you agree with the changes made and acknowledge the new content of the Terms & Conditions, you may continue the use of our services after we notify you about the changes effected, either by emailing you or after publishing the updated version of the Terms & Conditions.
If you object to any of the changes you may close your account, end your membership and stop using the services provided by the Application. Your continued use after potential modifications are affected means that you are consenting to the updated terms.
3. MEMBERS OR VISITORS
The services of the Application are provided to registered members of the Application. The services are not for use by anyone under the age of eighteen (18).
Visitors can only explore the Application, not make use of it.
By creating an account on our Application as a Member, you agree that you will use reasonable efforts to create and use a strong and secure password for access, which you will keep secure and confidential. You also agree that you will not transfer your account and/or any benefits arising out of your account to any third party and that you are responsible for anything that happens to your account unless you close it or report misuse.
4. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Application, you warrant to us that you will not use the Application for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Application in any manner which could damage, disable, overburden, or impair the Application or interfere with any other party’s use and enjoyment of the Application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Application.
5. MATERIALS PROVIDED TO THE APPLICATION OR POSTED IN RELATION TO THE APPLICATION
We do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to the Application or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
6. LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE APPLICATION AT ANY TIME. ADVICE RECEIVED VIA THE APPLICATION SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE APPLICATION FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APPLICATION, WITH THE DELAY OR INABILITY TO USE THE APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATION, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF EURO TWO HUNDRED (€200.00).
SERVICE CONTACT: info@etgasolutions.com
7. TERMINATION/ACCESS RESTRICTION
We reserve the right, in our sole discretion, to terminate your access to the Application and the related services or any portion thereof at any time, without notice. GENERAL: To the maximum extent permitted by law, this agreement is governed by the laws of the Republic of Cyprus and you hereby consent to the exclusive jurisdiction and venue of the Cypriot Courts in all disputes arising out of or relating to the use of the Application. Use of the Application is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Application as a result of this agreement or use of the Application. The Application ‘s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Application or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and us with respect to the use of the Application and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us with respect to the use of the Application. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
8. COPYRIGHT AND TRADEMARK NOTICES
All contents of the Application are: Copyright 2018 by ETGA Solutions Ltd and/or its suppliers. All rights reserved.
9. TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
10. TERMINATION
Both parties may elect to terminate this contract at any time with notice to the other party. On termination you lose the right to access or use the Application.
11. MISCELLANEOUS
These Terms & Conditions together with the Privacy Policy and any amendments or any additional agreements you may enter into with us, constitute the entire agreement between us. In case any provision of the present Terms is held to be invalid, the remaining provisions of these Terms will remain in full force and effect.
No waiver of any term of the present Terms shall be deemed a further or continuing waiver of such term or any other term and failure of us to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.