This Agreement contains thirteen sections. You may jump directly to any section by clicking on the appropriate link. Underlined words in this Agreement and on our website are a hyperlink to relevant information.
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3. Intellectual Property
4. Rights of the Company
5. NO WARRANTY
6. Limitations of Liability
8. Termination/Suspension of your Account
9. The Zapper Technologies™ Feature in the App
10. Disputed Transactions and Complaints
12. Governing Law
13. Language Discrepancies
(i) This User Agreement (the “Agreement”) is an agreement between you and DroidLa Limited (the “Company”). The Agreement covers the QR Droid and Zapper Scanner free download QR Code applications for Android, iOS (iPhone) and Windows Mobile respectively (collectively “the App”), and governs your use of the App.
(ii) You will be required to accept this Agreement when you enter the ‘My Profile’ section of the App and provide your personal details for use in the ‘Zoom Login’ feature within the App. Such feature shall allow you to register, log-in and purchase from participating websites by simply scanning a barcode or QR Code. Should you decline the acceptance of this Agreement these aspects of the App will not be available to you.
(iii) By using the App you agree that you have read and understood the terms and conditions of this Agreement and you acknowledge that these terms and conditions in their entirety shall apply to you.
(i) If you do not agree to any of the provisions of this Agreement you should immediately stop using the App and remove the App from your device. By agreeing to this Agreement you similarly agree to abide by the terms and conditions herein.
(ii) We reserve the right to amend, modify, update and change any of the terms of this Agreement and your continued use of the App will be deemed to constitute your acceptance of such changes. We advise you to check for updates on a regular basis.
(i) The Company hereby grants you the non-exclusive, non-transferable right to use our App, including the copyright and all intellectual property rights therein, in connection with the App and in accordance with this Agreement.
(ii) The App and all content derived from the App is protected by copyright and/or other intellectual property rights. You hereby acknowledge that by using the App you obtain no rights in the software, trademarks or content related to the App and you may only use the same in complete accordance with this Agreement.
(i) The Company reserves the rights to block access to the App to any person and for any reason it sees fit.
(ii) The Company reserves the right to use the personal details provided by you in the ‘My Profile’ section of the App in order to contact you in the future in relation to marketing any other products or services offered by the Company or any of its related group companies.
(I) THE APP IS PROVIDED “AS IS”. WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SATISFACTORY QUALITY, FITNESS FOR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICE OFFERED THROUGH THE APP.
(II) WE MAKE NO WARRANTY THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS ,OR REPRESENT THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS THEREIN.
(i) You agree that you are free to choose whether to use the App and you do so at your own discretion and risk.
(ii) We shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from, or in any way connected with your use of the App, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).
(iii) We shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your interaction and/or transaction with any third party website via the App. We are not responsible for the content of any linked sites.
(iv) You confirm that we shall not be liable to you or any third party for any modification to, suspension of, or discontinuance of the App.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents, contractors and suppliers, harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach of this Agreement by you, and any other liabilities arising out of your use of the App.
We may suspend or terminate your account (including your username and password) without notice if:
- for any reason we decide to discontinue to provide the App,
- we believe that you have breached any of the terms of this Agreement,
- your use of the App has been in any way improper or breaches the spirit of this Agreement, or
- for any other reason we see fit.
(i) Your website registration details will be sent to our Zapper Technologies™ server upon your action. The Company will not store any passwords or payment information except locally on your device.
(ii) We will store your Name, Email and Country for internal marketing purposes by DroidLa and it’s group entities, so that we may better serve you special offers and updates that we deem relevant or useful to you. We will NEVER share your personal information with any 3rd parties or non-group entities. Your Name, Email and Country data is securely stored on encrypted servers. You will always have the option to UNSUBSCRIBE from any marketing material sent to you via your email address.
(iii) We will send your personal registration details (including your encrypted credit card details) and login/password from the Zapper Technologies™ server to a merchant server.
You understand and agree that the Company shall not be responsible for the outcome of your transactions with external merchants via the App.
(i) We reserve the right to modify or terminate the App at any time, without notice, and we will not be liable to you as a result of any such action.
(ii) If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
(iii) No waiver by us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.
(iv) Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
(v) This Agreement contains the entire agreement between you and us relating to its subject matter. You confirm that, in agreeing to accept this Agreement, you have not relied on any representation save insofar as the same has expressly been made a representation in this Agreement.
(vi) We reserve the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, to any person without notice and you will be deemed to consent to such assignment.
(vii) In this Agreement and unless otherwise stated, “we”, “us” or “our” refers collectively to the Company and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
This Agreement shall be governed by the laws of England and Wales and you irrevocably agree to submit, for the benefit of the Company, to the exclusive jurisdiction of the Royal Courts of London, England.
This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.