The terms and conditions of this License Agreement constitute a legal agreement between you and Chapps NV, K. Pakhuis Tour & Taxis, Havelaan 86C bus 315, B-1000 Brussels, Belgium (“Chapps”).
By downloading, accessing or using the Chapps website(s) (“Website”) and/or the Chapps branded applications (“apps”) in any way, you are confirming that you have read and understood the terms and conditions of this License Agreement and have agreed to be bound by them.
You hereby acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this License Agreement, and that, upon your acceptance of the terms and conditions of this License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the License Agreement against you as a third party beneficiary thereof.
You also acknowledge and agree that distribution partners and their subsidiaries that act under a distribution licence by Chapps NV, are third party beneficiaries of this License Agreement, and that, upon your acceptance of the terms and conditions of this License Agreement, those distribution partners will have the right (and will be deemed to have accepted the right) to enforce the License Agreement against you as a third party beneficiary thereof.
2. Chapps Responsibilities
Chapps warrants that it will provide the Website and the apps in a manner consistent with general industry standards, reasonably applicable to the provision thereof.
The Website, the apps and the services accessed by them are however provided “as is” and “as available”, with all faults and without warranty of any kind.
Chapps will host the Website and the apps at a secure data centre and will monitor and manage their performance. Chapps may change the Website and the apps including, but not limited to, the user interface and the general layout of the screens.
3. Use of Website and Application
Use of the app does not include the provision of a mobile device or other necessary equipment to access it. To use the app you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs you may incur.
Your permission to use the Website and apps is conditional upon your compliance with these terms and conditions and is subject to the following restrictions:
- you may not access or in any way exploit any underlying data, code, content or other material provided by Chapps in conjunction with the Website or apps;
- you may not edit, remove, alter, tamper with, or in any way change the Website or apps or any part of them;
- you may not (and must not authorise others to) copy, distribute, communicate to the public, sell, rent, lend or otherwise use the Website or apps other than as permitted;
- you may not distribute or make the Website and/or the apps available over a network where it could be used by multiple devices at the same time;
- you may not remove, alter or replace any notices of authorship, trade marks, business names, logos or other designations of origin on the Website or apps or pass off or attempt to pass off the Website or apps as the product of anyone other than Chapps, nor use any automated computer program or application to scan, copy, index, sort or otherwise exploit the Website or apps or any part thereof;
- you undertake not to reverse-engineer any underlying software or circumvent any technological protections embodied in them;
- you must comply with all laws and regulations when using the Website or apps and may not use them for illegal or illegitimate purposes;
- you may not use the Website or apps in any manner whatsoever that may prejudice or damage Chapps’ business;
- you may not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website and/or apps;
- you may not impersonate any other person or body or misrepresent a relationship with any person or body when using the Website and/or apps;
- you may not use the Website or apps in a way that could damage, disable, overburden, impair or compromise Chapps’ systems or security or interfere with other users;
- you may not infringe our intellectual property rights or those of any third party in relation to your use of the Website or apps;
- to the extent that the Website is hosted on a third party website (for example, Facebook or another social media website) and there are separate terms and conditions of use relating to that third party website, you agree to fully comply with such terms and conditions.
You will have the sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of the data you input or provide.
You shall ensure that no disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorisation key, licence control utility or software lock is introduced by you or anyone authorised by you onto the Website or the apps.
You acknowledge that the unauthorised use of the Website and/or apps may result in irreparable damage and injury to Chapps and/or its affiliates or licensors. Consequently, in the event of such unauthorised use, Chapps, its affiliates and/or licensors shall have the right, in addition to any other legal remedies available to them, to seek an immediate injunction against you, prohibiting any further use of the Website and/or Apps. Furthermore, you may be subject to prosecution and damages.
Your right to use the Website and/or the apps will terminate immediately if you violate any provision of this License Agreement. In such an event, Chapps reserves the right to block your access to or use of the Website and/or apps.
4. Disclaimer of Warranties
All conditions, representations and warranties, other than those explicitly accepted in this Agreement, are disclaimed by Chapps.
Whilst we endeavour to make the Website and apps available 24 hours a day, we cannot be liable if, for any reason, they are unavailable for any time or for any period.
We make no warranty that your access to the Website and/or apps will be uninterrupted, timely or error-free. Due to the nature of the internet, this cannot be guaranteed. Chapps is not responsible for any delays, delivery failures or other damages resulting from problems concerning the internet or electronic communications. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions, which may influence the availability of the Website and/or apps. Chapps however does not warrant that defects in the Website or Apps will be corrected.
Access to the Website and/or apps may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Website and/or apps for any reason. If we impose restrictions on you personally, you must not attempt to use the Website and/or apps under any other name or user or on any other mobile device.
We do not warrant that the Website and/or apps will be compatible with all hardware and software which you may use.
Whilst we endeavour to ensure that information and materials on the Website and apps are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date or fit for a particular purpose.
Your use of the Website and/or apps is entirely at your own risk. You are responsible for the security of any data stored remotely on the electronic device used to access or use the Website and/or apps and Chapps accepts no liability in respect of any loss or damage to such data.
Furthermore, Chapps shall have no liability to you for content of the Website and/or apps that may be found offensive, indecent or objectionable.
In general, Chapps makes no representations and does not warrant to you that the Website and/or apps will meet your requirements and fit any particular purpose, will operate without interruption or will be secure or free from errors are , faults or defects.
5. Limitation of Liability
Except when stated otherwise in this License Agreement, Chapps, nor its authors, developers, licensors or distributors, will be liable to you for harm resulting from any use or misuse of the Website or apps.
Such limitation of liability includes:
- damages to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Website or apps or your obtaining any material from, or as a result of using, the Website or the apps;
- damages resulting from any inaccuracies or omissions in the content of the Website or apps, or any loss, damages, cost or expense of any kind incurred by you in connection with your access to, use of, or inability to use the Website or apps or any content contained in them;
- damages following personal injury, any incidental, special, indirect or consequential damages, including but not limited to damages for loss of profits, loss of data, business interruption or any other commercial damages or losses arising out of or related to your use or inability to use the Webiste or the apps;
- damages resulting from actions of third parties;
This limitation of liability applies whether damages arise from use or misuse of and reliance on the Website and/or apps, from inability to access or use the Website and/or apps, or from the interruption, suspension or termination of the Website and/or apps.
You should always obtain professional advice before making any decision which is prompted by the Website or apps or information you have been provided by Chapps that may have legal or financial implications. Chapps accepts no liability for any damages incurred due to lack of proper professional information or advice.
In no event shall Chapps’ liability exceed the amounts actually paid by you in the twelve month period immediately preceding the event giving rise to such a claim.
6. Apple’s Warranties and Liabilities
You acknowledge that:
- Apple is not responsible for the Website or the app, nor for the content thereof;
- Apple has no obligation to furnish any maintenance and support services with respect to the Website or the app;
- in the event of any failure of the Website or app to conform to any warranty provided by this License Agreement, you may notify Apple, and Apple will refund the purchase price for the Website or app to you.
To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Website or app, and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty;
- Apple will not be responsible for addressing any claims you or any third party may have relating to the Website or app or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Website or app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
- in the event of any third party claim that the Website or app or your possession and use thereof infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
The provisions of this section shall in no way prevent, hinder, decrease ör otherwise affect the validity, application and enforceability of the Disclaimer of Warranties and Limitation of Liability stipulated by articles 4 and 5 of this License Agreement.
7. Intellectual Property
All intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trade marks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the Website and apps (together, the “Intellectual Property Rights”) are owned or licensed by Chapps.
You acknowledge that rights in the Website and apps are licensed (not sold or otherwise transferred) to you and that by using the Website and/or apps, you will not acquire any right of ownership or interest in or related to the Website or the apps or the Intellectual Property Rights.
You further acknowledge that you have no right to have access to the apps in source- code form.
The Chapps and the Website and apps names and logos are trademarks of Chapps or third parties, and no right or license is granted to use them.
You agree to fully and effectively indemnify and hold harmless Chapps and its affiliates, officers, directors, shareholders, agents and employees, from all actions, claims and proceedings made by any third party arising in connection with your use of the Website or apps, as well as for all costs, damages and expenses (including, without limitation, legal fees) connected therewith.
9. Consent to use of data
Chapps may amend the terms and conditions of this License Agreement at any time at its discretion.
If the License Agreement is amended, Chapps shall display the revised License Agreement on the Website and the apps. You will be deemed to have accepted any amendments if you continue using the Website or apps after the amendments are displayed. If you do not agree to any change, please uninstall and discontinue visiting and using the Website and/or apps.
Chapps may give notice by means of an e-mail to your e-mail address on record. You may give notice by e-mailing us at firstname.lastname@example.org .
You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If any provision of this License Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License Agreement. Without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
Any failure by Chapps to enforce any of the terms of this License Agreement shall not be considered to be a waiver of them or the right to subsequently enforce any terms of the License Agreement.
Irrespective of the country from which you access or use the Website or apps, your use of the Website or apps is governed by Belgian law. In the event of a dispute arising out of or in relation to this License Agreement, including any question regarding its existence, validity or termination, and/or arising out of or in relation to the access to or the use of the Website and/or the apps, the courts of Brussels (Belgium) will have sole jurisdiction.