Data Plus Global Mobile Application Terms and Conditions

Data Plus +, NDASSI LIONEL MBAKU (Developer) Address QUARTIER MENDON,G DERRIERE LE CAMP, yaounde - Cameroon (CM) 1. These terms and conditions (“T&Cs”) set forth the general terms and conditions for the use of the “Data Plus Global” mobile application and any of its related products and services collectively referred to as the “App”. 2. These “T&Cs” are legally binding between the “App” end-user and the Company, Data Plus Global (“Data Plus Global”). 3. If the end-user is acting on behalf of a business or other legal entity, they represent, by accepting these “T&Cs” that they have the authority to bind such an entity and, in which case the term “end-user” shall refer to such an entity. If the end-user does not have such authority, or does not agree with these “T&Cs” they must not proceed and may not access and use the “App”. 4. By accessing and using the “App”, the end-user acknowledges that: a. They have read, understood, and now agree to be bound by these “T&Cs”. b. This Agreement is a contract between end-user and “Data Plus Global”, and c. Even though it is electronic and is not physically signed, the ̈T&Cs” govern the end-users use of the “App”. 5. IF THE END-USER DOES NOT AGREE WITH ALL OF THESE "T&Cs", THEY ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY. We recommend you print a copy of these “T&Cs” for your records. 6. By accepting the “T&Cs” the end user agrees to be bound by the a. Data Plus Global EULA b. Data Plus Global Privacy Policy c. Data Plus Global Cookie Policy Table of contents 1. Accounts and membership 2. Links to other resources 3. Prohibited uses 4. Intellectual property rights 5. Indemnification 6. Severability 7. Dispute resolution 8. Changes and amendments 9. Acceptance of these terms 10. Contacting us 1. Accounts and membership By agreeing to be bound by these “T&Cs, creating an account and using the “APP” the end-user warrants and represents that they are: A. At least 18 years of age. B. Responsible for maintaining the security of their account. C. Fully responsible for all activities that occur under the account and any other actions taken in connection with it. The “APP” allows the user to receive VoIP calls directly to their mobile device via the “App”. As a reward, the APP will provide an allocation of data, from time to time, for so long as the ”APP” remains installed and active with permissions enabled on their mobile device. As a beta tester you agree to the use of your device microphone and the directed termination of calls in return you will be provided with data. The App will only receive calls and allow you to join the Minutes Network. You agree that application updates will be initiated via a text message. The user allows the following function permissions for the APP: ACCESS_FINE_LOCATION and ACCESS_WIFI_STATE; ACCESS_NETWORK_STATE and ACCESS_WIFI_STATE; POST_NOTIFICATIONS; READ_PHONE_STATE; READ_CONTACTS and RECORD_AUDIO. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the App. Providing false information of any kind may result in the termination of your account. You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re- register for our App. We may block your email address and Internet protocol address to prevent further registration. Breach includes infringing acceptable usage policy dictated by the SIM carrier. Using the Data Plus Global Application Subject to your compliance with these "T&Cs", including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to: access the App; 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. ● Except as set out in this section or elsewhere in our "T&Cs", no part of the App and no Content or Marks may be copied, reproduced, solely for your personal, non-commercial use. SMS TEXT MESSAGING The end-user agrees to allow the “App” to send periodic updates and communications via text message on a reasonable basis. Opting Out If at any time you wish to stop receiving SMS messages from the App, the end-user should reply to the text with "STOP.” You may receive an SMS message confirming your opt out. Message and Data Rates Please be aware that message and data rates may apply to any SMS Cancellation To cancel the App and its services, the end-user should delete the application from their mobile device. If you have any questions or are unsatisfied with our App, please email us at info@dataplusapp.io SOFTWARE The “App" is software customised for mobile devices ("Devices") and created to beta test Voice over Internet Protocol (“VoIP”) services. The “App” is used to optimise “VoIP” call terminations. The “App” allows the end-user to directly receive calls that terminate on the end-user’s mobile handset via the “App”. As a reward, the Licensor will provide allocations of data to the end user, from time to time, as long as the app is active on their device. The software is accompanied by an end user licence agreement ('EULA'), the terms of which govern your use of the software. 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 noninfringement. The end-user accepts any and all risk arising out of use or performance of any software. The end-user may not reproduce or redistribute any software except in accordance with the EULA or these “T&Cs”. We cannot guarantee the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App 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 App during any downtime or discontinuance of the Apps. Nothing in these "T&Cs" will be construed to obligate us to maintain and support the App or to supply any corrections, updates, or releases in connection therewith. MAINTENANCE AND SUPPORT Data Plus +, is not obligated, expressed or implied, to provide any maintenance, technical or other support for the App. LICENSOR WARRANTIES The Licensor warrants that 1. The App is free of spyware, trojan horses, viruses, or any other malware at the time of download. 2. The App works as described in the user documentation. No warranty is provided for the App that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by the end-user or third parties, or if there are any other reasons outside of Data Plus Global's sphere of influence that affect the executability of the App. You are required to inspect the App immediately after installing it and notify Data Plus +about issues discovered without delay by email provided in Contact Information. If we confirm that the App is defective, Data Plus Global reserves the right to choose to remedy the situation either by means of solving the defect or by substitute delivery. In the event of any failure of the App to conform to any applicable warranty, the end-user may notify the Licensor. To the maximum extent permitted by applicable law, the Data Plus +will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any requirement or stringency. END USER REPRESENTATIONS By using the App, the end user represents and warrants that: (1) All registration information submitted will be true, accurate, current, and complete; (2) They will maintain the accuracy of such information and promptly update such registration information as necessary; (3) They have the legal capacity and you agree to comply with these "T&Cs"; (4) They are not a minor in the jurisdiction in which you reside; (5) The will not access the App through automated or non-human means, whether through a bot, script or otherwise; Except as set out in this section or elsewhere in our "T&Cs", no part of the App 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 App, Content, or Marks other than as set out in this section or elsewhere in our "T&Cs", please address your request to: DataPlus+enqueries.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our App or Content, you must identify us as the owners or licensors of the App, 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 App, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our "T&Cs" and your right to use our App will terminate immediately. End-user submissions for review, complaint or on third party sites Please review this section before using the App to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the App. Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the App ('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. End-users are responsible for what they post or upload: By sending submissions through any part of the App, the end-user confirms that: ● They have read and agree with the App’s 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit 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; and warrant that any such submissions are original or have the necessary rights and licences to be submitted and the end-user has the full authority to grant the Licensor the above mentioned rights in relation to such submissions; and ● They warrant and represent that their submissions do not constitute confidential information. The end-user is solely responsible for their submissions, and expressly agree to reimburse the Licensor for any and all losses that may be incurred because of any breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law. 2. Links to other resources 1. Although the App may link to other resources (such as websites, mobile applications, etc.), the Licensor does not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. 2. The Licensor is not responsible for examining, evaluating, or warranting the offerings of any businesses or individuals or the content of their resources. 3. The Licensor does not assume any responsibility or liability for the actions, products, services, and content of any other third parties. The end-user should carefully review the legal statements and other conditions of use of any resource which you access through a link in the App. Linking to any other off-site resource is at the end-user’s own risk. 3. Prohibited uses The end-user may not access or use the App for any purpose other than that for which we make the App available. The App may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. In addition to other terms as set forth in the Agreement, you are prohibited from using the App: (a) for any unlawful purpose or in a manner inconsistent with any applicable laws; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances. (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; or otherwise harm, in our opinion, us and/or the App. (f) to submit false or misleading information; or make improper use of our support App or submit false reports of abuse or misconduct. (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mobile Application, third party products and App, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Mobile Application, third party products or the Internet. (k) to Systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. (l) to Circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein. (m) to make any unauthorised use of the App, 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. (n) to use the App as part of any effort to compete with us or otherwise use the App and/or the Content for any revenue-generating endeavour or commercial enterprise. (o) to use the App to advertise or offer to sell goods and services. The Licensor reserves the right to terminate any end-user’s use of the App for violating any prohibited use. App Management The Licensor reserve the right, but not the obligation, to: (1) monitor usage for violations of these "T&Cs"; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these "T&Cs", 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 App 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 App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App. DATA PLUS + END USER APPLICATION LICENCE By accessing the App, the Licensor grants the end-user a revocable, nonexclusive, 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 "T&Cs". 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; Apple and Android Devices The following terms apply when you use the App obtained from either the Apple Store or Google Play (each a “Distributor”) to access the App: (1) the EULA grants the end-user 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 Distributor’s terms of service; (2) The Licensor is responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application PRIVACY POLICY By using the App, you agree to be bound by our Privacy Policy, which is incorporated into these "T&Cs". Please be advised the App is hosted in India. If you access the App 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 India, then through your continued use of the App, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India. Please review our Privacy Policy here USER DATA We will maintain certain data that you transmit to the App for the purpose of managing the performance of the App, as well as data relating to your use of the App. 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 App. 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. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES Visiting the App, 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 App, 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 App. 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. 4. Intellectual property rights “Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Company Data Plus +, or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Company Data Plus +. All trademarks, service marks, graphics and logos used in connection with the Mobile Application, are trademarks or registered trademarks of Company Data Plus +, or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application may be the trademarks of other third parties. Your use of the Mobile Application grants you no right or licence to reproduce or otherwise use any of Company Data Plus +, or third-party trademarks. IP Summary: We are the owner or the licensee of all intellectual property rights in our App, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the App (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 App 'AS IS' for your personal, non-commercial use only. 5. Indemnification The end-user agrees to indemnify and hold Data Plus Global, its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the App and any wilful misconduct on your part. In Summary: the end-user agrees to defend, indemnify, and hold the Licensor 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 legal fees and expenses, made by any third party due to or arising out of: (1) use of the App; (2) breach of these "T&Cs"; (3) any breach of your representations and warranties set forth in these "T&Cs"; (4) Any end-user 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 App with whom you connected via the App. Notwithstanding the foregoing, the Licensor reserves the right, at the end-user’s expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and the end-user agrees to cooperate, at your expense, with our defence of such claims. The Licensor 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. 6. Severability All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect. GOVERNING LAW These "T&Cs" are governed by and interpreted following the laws of India, 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. DataPlus+ and yourself both agree to submit to the non-exclusive jurisdiction of the courts of India, which means that you may make a claim to defend your consumer protection rights in regard to these "T&Cs" in India, or in the country in which you reside. 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. 7. DISPUTE RESOLUTION The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of India without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of India. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Thailand, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Informal Negotiations To expedite resolution and control the cost of any dispute, controversy, or claim related to these "T&Cs" (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 "T&Cs" 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 , England. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of England. 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. 8. Changes and amendments We reserve the right to modify this Agreement, or its terms related to the Mobile Application at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, post a notification in the Mobile Application. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Mobile Application after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes. CORRECTIONS There may be information on the App 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 App at any time, without prior notice. MISCELLANEOUS If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose. Collateral agreements, changes and amendments are only valid if laid down inwriting. The preceding clause can only be waived in writing. These "T&Cs" and any policies or operating rules posted by us on the App or in respect to the App constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these "T&Cs" shall not operate as a waiver of such right or provision. These "T&Cs" 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 "T&Cs" is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these "T&Cs" 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 "T&Cs" or use of the App. You agree that these "T&Cs" 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 "T&Cs" and the lack of signing by the parties here to execute these "T&Cs". 9. Acceptance of these terms You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Mobile Application you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to access or use the Mobile Application. DISCLAIMER THE App IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE App WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE App 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 App' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE App 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 APP, (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 App, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE App 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 App. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE App, 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 App. 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.