TERMS OF SERVICE
Last
updated
September 23, 2024
AGREEMENT TO OUR LEGAL
TERMS
We are Origami Boat Limited
(
'Company',
'we', 'us', or 'our'
)
.
We operate
the mobile application Costline
(the
'App'), as well as any other related products and
services
that refer or link to these legal terms (the
'Legal
Terms') (collectively, the
'Services').
You can contact us by email
at support@costline.app
or by mail to 3rd floor, 86-90
Paul Street,
London EC2A 4NE,
United Kingdom
.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (
'you'), and
Origami Boat Limited, concerning your access to and use of the Services. You agree
that
by accessing the Services, you have read, understood, and agreed to be bound by all of these
Legal
Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED
FROM
USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be
posted on the Services from time to time are hereby expressly incorporated herein by
reference. We
reserve the right, in our sole discretion, to make changes or modifications to these Legal
Terms
from time to time. We will
alert
you about any changes by updating the 'Last updated' date of these Legal Terms, and you waive any right to receive
specific
notice of each such change. It is your responsibility to periodically review these Legal
Terms to
stay informed of updates. You will be subject to, and will be deemed to have been made aware
of and
to have accepted, the changes in any revised Legal Terms by your continued use of the
Services after
the date such revised Legal Terms are posted.
All users
who are
minors in the jurisdiction in which they reside (generally under
the age
of 18) must have the permission of, and be directly supervised
by, their
parent or guardian to use the Services. If you are a minor, you
must
have your parent or guardian read and agree to these Legal Terms
prior
to you using the Services.
We recommend that you
print a
copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended
for
distribution to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those persons who
choose
to access the Services from other locations do so on their own initiative and are solely
responsible
for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you
may not
use the Services. You may not use the Services in a way that would violate the
Gramm-Leach-Bliley
Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our
intellectual
property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases, functionality,
software,
website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the
'Content'), as well as the
trademarks, service marks, and logos contained therein (the
'Marks').
Our Content and Marks are protected by copyright and
trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided in or through the
Services 'AS IS' for your
personal, non-commercial use or internal business purpose
only.
Your use of
our
Services
Subject to your compliance with these Legal Terms, including the
'PROHIBITED
ACTIVITIES
' section below, we grant
you a
non-exclusive, non-transferable, revocable licence to:
- access the Services; and
- download or print a copy of any portion of the Content to which
you
have properly gained access.
solely for your
personal, non-commercial use or internal business purpose
.
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms, please address
your
request to: support@costline.app. If we ever grant you the
permission to
post, reproduce, or publicly display any part of our Services or Content, you must identify
us as
the owners or licensors of the Services, Content, or Marks and ensure that any copyright or
proprietary notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to you in and
to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our Services will
terminate
immediately.
Your submissions
Please review this section and the
'PROHIBITED ACTIVITIES
' section carefully prior
to using
our Services to understand the (a) rights you give us and (b) obligations you have when you
post or
upload any content through the Services.
Submissions: By directly sending us any question,
comment,
suggestion, idea, feedback, or other information about the Services (
'Submissions'), you agree to assign to us all
intellectual
property rights in such Submission. You agree that we shall own this Submission and be
entitled to
its unrestricted use and dissemination for any lawful purpose, commercial or otherwise,
without
acknowledgment or compensation to you.
You are responsible for what you post or upload:
By
sending us Submissions through any part of the Services
you:
- confirm that you have read and agree with our 'PROHIBITED
ACTIVITIES
' and will not post,
send,
publish, upload, or transmit through the Services any Submission
that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying,
abusive,
discriminatory, threatening to any person or group, sexually explicit, false,
inaccurate,
deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all
moral
rights to any such Submission;
- warrant that any such Submission
are
original to you or that you have the necessary rights and
licences to submit such Submissions
and that you have full authority to grant us the above-mentioned rights in
relation to
your Submissions; and
- warrant and represent that your Submissions do not constitute confidential information.
You are solely
responsible
for your Submissions and you expressly agree to reimburse us
for any
and all losses that we may suffer because of your breach of (a) this section, (b) any third
party’s
intellectual property rights, or (c) applicable law.
By using the Services, you represent and warrant
that:
(1) all registration information
you
submit
will be true, accurate, current, and complete; (2) you will maintain the
accuracy of
such information and promptly update such registration information as
necessary;
(3) you have the legal capacity and you agree
to
comply with these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (5) you will not access the Services
through
automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for any
illegal
or unauthorised
purpose; and
(7) your use of the Services will not
violate any
applicable law or regulation.
If you
provide
any information that is untrue, inaccurate, not current, or incomplete, we have the
right to
suspend or terminate your account and refuse any and all current or future use of
the
Services (or any portion thereof).
You
may be
required to register to use the Services. You agree to keep your password
confidential and will be responsible for all use of your account and
password. We
reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate,
obscene, or
otherwise objectionable.
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- PayPal
- Discover
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services. You further agree
to
promptly update account and payment information, including email address, payment method,
and
payment card expiration date, so that we can complete your transactions and contact you as
needed.
Sales tax will be added to the price of purchases as deemed required by us. We may change
prices at
any time. All payments shall be in
US dollars.
You agree to pay all charges at the prices then in effect
for your purchases and any applicable shipping fees, and you
authorise us to charge your chosen payment provider for any
such
amounts upon placing your order.
If your order is subject to recurring charges, then you
consent to our
charging your payment method on a recurring basis without requiring your prior
approval
for each recurring charge, until such time as you cancel the applicable order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order placed through
the Services. We may, in our sole discretion, limit or cancel quantities purchased per
person, per
household, or per order. These restrictions may include orders placed by or under the same
customer
account, the same payment method, and/or orders that use the same billing or shipping
address. We
reserve the right to limit or prohibit orders that, in our sole
judgement, appear to be placed by dealers, resellers, or
distributors.
6. CANCELLATION
All purchases are non-refundable.
You can manage your subscription plan using the Google Play
application
Your cancellation will take effect at the end
of the
current paid term.
If you are unsatisfied with our Services, please email us at support@costline.app
.
7. SOFTWARE
We may include software for use in connection with our Services. If
such
software is accompanied by an end user licence agreement ('EULA'), the terms of the EULA will govern your use of the software.
If such
software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable,
personal,
and non-transferable licence
to use
such software solely in connection with our services and in accordance with these Legal
Terms. Any
software and any related documentation is provided 'AS
IS' without warranty of any kind, either express or implied,
including,
without limitation, the implied warranties of merchantability, fitness for a particular
purpose, or
non-infringement. You accept any and all risk arising out of use or performance of any
software. You
may not reproduce or redistribute any software except in accordance with the EULA or these
Legal
Terms.
You may not
access or
use the Services for any purpose other than that for which we make the Services
available. The
Services may not be used in connection with any commercial
endeavours except those that are specifically endorsed or
approved
by us.
As
a user
of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create or compile,
directly
or indirectly, a collection, compilation, database, or directory without
written
permission from us.
- Trick,
defraud, or mislead us and other users, especially in any
attempt to
learn sensitive account information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with security-related
features of
the Services, including features that prevent or restrict
the use or
copying of any Content or enforce limitations on the use of
the
Services and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use
any information obtained from the Services in order to
harass,
abuse, or harm another
person.
- Make
improper use of our support services or submit false reports
of
abuse or misconduct.
- Use
the Services in a manner inconsistent with any applicable
laws or
regulations.
- Engage
in unauthorised framing of or linking to the
Services.
- Upload
or transmit (or attempt to upload or to transmit) viruses,
Trojan
horses, or other material, including excessive use of
capital
letters and spamming (continuous posting of repetitive
text), that
interferes with any party’s uninterrupted use and enjoyment
of the
Services or modifies, impairs, disrupts, alters, or
interferes with
the use, features, functions, operation, or maintenance of
the
Services.
- Engage
in any automated use of the system, such as using scripts to
send
comments or messages, or using any data mining, robots, or
similar
data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of
another
user.
- Upload
or transmit (or attempt to upload or to transmit) any
material that
acts as a passive or active information collection or
transmission
mechanism, including without limitation, clear graphics
interchange
formats ('gifs'), 1×1 pixels, web bugs,
cookies, or
other similar devices (sometimes referred to as 'spyware' or 'passive
collection
mechanisms' or 'pcms'
).
- Interfere
with, disrupt, or create an undue burden on the Services or
the
networks or services connected to the
Services.
- Harass,
annoy, intimidate, or threaten any of our employees or
agents
engaged in providing any portion of the Services to
you.
- Attempt
to bypass any measures of the Services designed to prevent
or
restrict access to the Services, or any portion of the
Services.
- Copy
or adapt the Services' software, including but not limited
to Flash,
PHP, HTML, JavaScript, or other
code.
- Except
as permitted by applicable law, decipher, decompile,
disassemble, or
reverse engineer any of the software comprising or in any
way making
up a part of the
Services.
- Except
as may be the result of standard search engine or Internet
browser
usage, use, launch, develop, or distribute any automated
system,
including without limitation, any spider, robot, cheat
utility,
scraper, or offline reader that accesses the Services, or
use or
launch any unauthorised
script or other
software.
- Use
a buying agent or purchasing agent to make purchases on the
Services.
- Make
any unauthorised use of the Services, including
collecting usernames and/or email addresses of users by
electronic
or other means for the purpose of sending unsolicited email,
or
creating user accounts by automated means or under false
pretences
.
- Use
the Services as part of any effort to compete with us or
otherwise
use the Services and/or the Content for any
revenue-generating
endeavour
or commercial enterprise.
-
Sell or otherwise transfer your profile.
9. USER
GENERATED CONTRIBUTIONS
The
Services does not offer users to submit or post content.
We may provide you
with the
opportunity to create, submit, post, display, transmit,
perform,
publish, distribute, or broadcast content and materials
to us or
on the Services, including but not limited to text,
writings,
video, audio, photographs, graphics, comments,
suggestions, or
personal information or other material (collectively,
'Contributions'). Contributions may be
viewable by
other users of the Services and through third-party
websites.
As such, any
Contributions
you transmit may be treated in accordance with the
Services'
Privacy Policy.
When you create or make available any Contributions, you
thereby
represent and warrant that:
- The creation,
distribution,
transmission, public display, or performance, and the accessing, downloading, or
copying
of your Contributions do not and will not infringe the proprietary rights,
including but
not limited to the copyright, patent, trademark, trade secret, or moral rights
of any
third party.
- You are the creator and
owner
of or have the necessary licences, rights, consents, releases, and permissions to
use and to
authorise us,
the
Services, and other users of the Services to use your Contributions in any
manner
contemplated by the Services and these Legal Terms.
- You have the written
consent,
release, and/or permission of each and every identifiable individual person in
your
Contributions to use the name or likeness of each and every such identifiable
individual
person to enable inclusion and use of your Contributions in any manner
contemplated by
the Services and these Legal Terms.
- Your Contributions are
not
false, inaccurate, or misleading.
- Your Contributions are
not
unsolicited or unauthorised
advertising, promotional materials, pyramid schemes, chain letters, spam,
mass
mailings, or other forms of solicitation.
- Your Contributions are
not
obscene, lewd, lascivious, filthy, violent, harassing,
libellous, slanderous, or otherwise
objectionable
(as determined by us).
- Your Contributions do
not
ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are
not used
to harass or threaten (in the legal sense of those terms) any other person and
to
promote violence against a specific person or class of
people.
- Your Contributions do
not
violate any applicable law, regulation, or rule.
- Your Contributions do
not
violate the privacy or publicity rights of any third party.
- Your Contributions do
not
violate any applicable law concerning child pornography, or otherwise intended
to
protect the health or well-being of minors.
- Your Contributions do
not
include any offensive comments that are connected to race, national origin,
gender,
sexual preference, or physical handicap.
- Your Contributions do
not
otherwise violate, or link to material that violates, any provision of these
Legal
Terms, or any applicable law or regulation.
Any
use of
the Services in violation of the foregoing violates these Legal Terms and
may result
in, among other things, termination or suspension of your rights to use the
Services.
You and
Services agree
that we may access, store, process, and use any information and personal data that you
provide
following the terms of the Privacy Policy and your choices (including
settings).
By submitting
suggestions
or other feedback regarding the Services, you agree that we can use and share such feedback
for any
purpose without compensation to you.
We do not assert
any
ownership over your Contributions. You retain full ownership of all of your Contributions
and any
intellectual property rights or other proprietary rights associated with your Contributions.
We are
not liable for any statements or representations in your Contributions provided by you in
any area
on the Services. You are solely responsible for your Contributions to the Services and you
expressly
agree to exonerate us from any and all responsibility and to refrain from any legal action
against
us regarding your Contributions.
11. MOBILE
APPLICATION LICENCE
Use Licence
If you access the
Services
via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right
to
install and use the App on wireless electronic devices owned or controlled by you, and to
access and
use the App on such devices strictly in accordance with the terms and conditions of this
mobile
application licence
contained in
these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile,
reverse
engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make
any
modification, adaptation, improvement, enhancement, translation, or derivative work from the
App;
(3) violate any applicable laws, rules, or regulations in connection with your access or use
of the
App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright
or
trademark) posted by us or the licensors of the App; (5) use the App for any
revenue-generating endeavour
, commercial enterprise, or
other purpose for which it is not designed or intended; (6) make the App available over a
network or
other environment permitting access or use by multiple devices or users at the same time;
(7) use
the App for creating a product, service, or software that is, directly or indirectly,
competitive
with or in any way a substitute for the App; (8) use the App to send automated queries to
any
website or to send any unsolicited commercial email; or (9) use any proprietary information
or any
of our interfaces or our other intellectual property in the design, development,
manufacture,
licensing, or distribution of any applications, accessories, or devices for use with the
App.
Apple and
Android
Devices
The following terms
apply
when you use the App obtained from either the Apple Store or Google Play (each an 'App Distributor') to access
the
Services: (1) the licence
granted
to you for our App is limited to a non-transferable
licence to use the application on a device that
utilises 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) we are responsible for providing any maintenance and support services
with
respect to the App as specified in the terms and conditions of this mobile application licence contained in these
Legal
Terms 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; (3) 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; (4) you represent and warrant that (i) you are not located in a
country
that is subject to a US government embargo, or that has been designated by the US government
as a
'terrorist supporting'
country and
(ii) you are not listed on any US government list of prohibited or restricted parties; (5)
you must
comply with applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application, then you must not be in
violation
of their wireless data service agreement when using the App; and (6) you acknowledge and
agree that
the App Distributors are third-party beneficiaries of the terms and conditions in this
mobile
application licence
contained in
these Legal Terms, 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 mobile application licence contained in these
Legal
Terms against you as a third-party beneficiary thereof.
12. SERVICES
MANAGEMENT
We reserve the right, but
not the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate
legal
action against anyone who, in our sole discretion, violates the law or these Legal Terms, including
without
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and
without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or otherwise disable all files and
content
that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to facilitate the proper
functioning of
the Services.
13. PRIVACY
POLICY
We care about data
privacy and
security. Please review our Privacy Policy:
http://www.costline.app/privacy
. By using the Services, you agree to be bound by our Privacy Policy, which
is
incorporated into these Legal Terms. Please be advised the Services are hosted in the United Kingdom
. If you access the Services from any other region of the
world with
laws or other requirements governing personal data collection, use, or disclosure that differ
from
applicable laws in
the United Kingdom
, then through your continued use of the Services, you are
transferring your data to
the United Kingdom
, and you expressly consent to have your data transferred to
and
processed in
the United Kingdom
.
14. TERM
AND TERMINATION
These Legal Terms shall
remain
in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON
OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE
OR
PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or
suspend your
account for any reason, you are prohibited from registering and creating a new account under
your name,
a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of
the
third party. In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and injunctive
redress.
15. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to
change,
modify, or remove the contents of the Services at any time or for any reason at our sole
discretion
without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any
modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware, software, or other problems
or need
to perform maintenance related to the Services, resulting in interruptions, delays, or errors.
We
reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the
Services at
any time or for any reason without notice to you. You agree that we have no liability whatsoever
for any
loss, damage, or inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to
obligate
us to maintain and support the Services or to supply any corrections, updates, or releases in
connection
therewith.
16. GOVERNING
LAW
These Legal Terms are
governed
by and interpreted following the laws of the
United
Kingdom
, and the use of the United Nations Convention of
Contracts for
the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and
you are
a consumer, you additionally possess the protection provided to you by obligatory provisions of the
law in
your country to residence. Origami Boat Limited and yourself both agree
to
submit to the non-exclusive jurisdiction of the courts of London, which
means
that you may make a claim to defend your consumer protection rights in regards to these Legal Terms
in the United Kingdom
, or in the EU country in which you reside.
17. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or
claim related to these Legal Terms (each a 'Dispute' and
collectively, the 'Disputes') brought by either you or us
(individually, a
'Party' and collectively, the 'Parties'
), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly
provided
below) informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice from one Party to the other
Party.
Binding
Arbitration
Any
dispute
arising from the relationships between the Parties to these Legal Terms shall be determined by one
arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European
Court of
Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and
which are in
force at the time the application for arbitration is filed, and of which adoption of this clause
constitutes
acceptance. The seat of arbitration shall be
London,
United Kingdom
. The language of the proceedings shall be
English
. Applicable rules of substantive law shall be the law of the
United Kingdom
.
Restrictions
The
Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To the
full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is
no right
or authority for any Dispute to be arbitrated on a class-action basis or to
utilise class action procedures; and (c) there is no right or
authority
for any Dispute to be brought in a purported representative capacity on behalf of the general public
or any
other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not subject to
the
above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to
enforce
or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b)
any
Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim
for
injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party
will elect
to arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable
and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
18. CORRECTIONS
There
may be
information on the Services that contains typographical errors, inaccuracies, or omissions,
including
descriptions, pricing, availability, and various other information. We reserve the right to correct
any
errors, inaccuracies, or omissions and to change or update the information on the Services at any
time,
without prior notice.
19.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY
OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS
LINKED TO
THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY
THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN
ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING
ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION
WHERE
APPROPRIATE.
20. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE OR
OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE
HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL
AT ALL TIMES BE LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO
US
DURING
THE six (6) MONTH PERIOD
PRIOR TO ANY
CAUSE OF ACTION ARISING
OR
$1.99 USD
.
CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
21. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and
warranties set
forth in these Legal Terms; (4) your violation of
the
rights of a third party, including but not limited to intellectual property rights; or
(5) any overt harmful act toward any other user
of the
Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve
the
right, at your expense, to assume the exclusive defence
and control of any matter for which you are required to
indemnify us,
and you agree to cooperate, at your expense, with our
defence of such claims. We will use reasonable efforts to
notify you of any
such claim, action, or proceeding which is subject to this indemnification upon becoming
aware of
it.
22. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
23. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to receive electronic
communications, and
you agree that all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal requirement that such
communication be
in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS,
AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY
US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes,
regulations,
rules, ordinances, or other laws in any jurisdiction which require an original signature or
delivery or
retention of non-electronic records, or to payments or the granting of credits by any means
other than
electronic means.
24. CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
25. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision of
these
Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate
to the
fullest extent permissible by law. We may assign any or all of our rights and obligations to
others at
any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act
caused by
any cause beyond our reasonable control. If any provision or part of a provision of these Legal
Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is
deemed
severable from these Legal Terms and does not affect the validity and enforceability of any
remaining
provisions. There is no joint venture, partnership, employment or agency relationship created
between
you and us as a result of these Legal Terms or use of the Services. You agree that these Legal
Terms
will not be construed against us by virtue of having drafted them. You hereby waive any and all
defences you may have based on
the
electronic form of these Legal Terms and the lack of signing by the parties hereto to execute
these
Legal Terms.
26. CONTACT
US
In order to resolve a complaint regarding the Services or
to receive further information regarding use of the Services, please contact us at:
Origami Boat Limited
3rd floor, 86-90 Paul Street, London, EC2A 4NE
United Kingdom
support@costline.app