This Mobile Application End User License Agreement (herein called “EULA“) is made between you ( herein called “End User” or “you“), and SMARTECH LLC, its subsidiaries and affiliates (herein collectively called the “Company,” “we” or “our“). This EULA governs your use of the Smart Saver mobile application (herein called the “Application“).
BY CHOOSING TO DOWNLOAD, INSTALL OR USE THE APPLICATION, YOU ESTABLISH A CONTRACTUAL RELATIONSHIP WITH THE COMPANY AND YOU AGREE TO BE BOUND BY THIS EULA. YOU SHOULD THEREFORE MAKE SURE THAT YOU READ THIS EULA CAREFULLY BEFORE INSTALLING THE APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION.
- Ownership of the Application. You acknowledge and agree that you have been licensed and not sold, the Application. The payment requirements outlined under the Terms of Sale entitle you to access and use the deals and offers made available to you in the Application in accordance with the license granted under this EULA and the Terms of Sale. You do not acquire any ownership interest, or any other rights in the Application. The Application, and all copyrights, trademarks, database rights and other intellectual property rights therein or relating thereto, belong to the Company except as expressly granted to you in this EULA.
- Acceptable Use of License. You are not allowed to copy, or modify the Application, or any part of the Application, or our trademarks in any way. You are not allowed to attempt to extract the source code of the Application, or try to translate the Application into other languages, or make derivative versions. You should not under any circumstances use the Application for commercial purposes.
- Protection of Personal Data. The Company stores and processes personal data that you have provided to us so that you can access the Application. It is your responsibility to keep your Mobile Device and access to the Application secure. We therefore recommend that you do not remove software restrictions and limitations imposed by the official operating system of your Mobile Device as this could make your Mobile Device vulnerable to malware/viruses/malicious programs, compromise your Mobile Device’s security features and it could mean that the Application will not work properly or at all.
- Third Party Materials. The deals and offers available on the Application are provided by third-parties (herein referred to as “Third Party Materials“). You acknowledge and agree that the Company is not responsible for the Third Party Materials (except as expressly provided for in the deals and offers), including their accuracy, completeness, timeliness, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials.
- Updates and Changes to Application. We are committed to ensuring that the Application is as useful and efficient as possible. For that reason, we reserve the right to make changes to the Application at any time and for any reason. We may also from time to time in our sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (herein collectively called “Updates“). Updates may also modify or delete in their entirety certain features and functionality of the Application. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Application. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive a notification of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
- Term and Termination. (a) The term of the EULA commences when you download and install the Application and will continue in effect until terminated by you or the Company as set forth in this Section 8. (b) You may terminate this EULA by deleting the Application and all copies thereof from your Mobile Device. (c) The Company may terminate this EULA at any time without notice if it ceases to support the Application, which the Company may do in its sole discretion. In addition, this EULA will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this EULA. (d) Upon termination: (i)all rights granted to you under this EULA will also terminate; and (ii)you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account. (e) Termination will not limit any of the Company’s rights or remedies at law or in equity.
- Indemnification. You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this EULA.
- Governing Law. This EULA is governed by and construed in accordance with the laws of the Republic of Zambia, without giving effect to any choice or conflict of law provision or rule (whether of the Republic of Zambia or any other jurisdiction). Any legal suit, action or proceeding arising out of or related to this EULA or the Application shall be instituted exclusively in the courts of the Republic of Zambia, although we retain the right to bring any suit, action or proceeding against you for breach of the EULA in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Severability. If any provision of this EULA is contradicts any law or is otherwise unenforceable under applicable law, the remainder of the provision will be construed to have as close to the intent and effect of the original as possible and all other parts of this EULA shall remain unaffected.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this EULA and any other terms, the terms of this EULA shall prevail.