Terms of Use

Terms of use
By using this Application (hereinafter the "Application") on any mobile phone, tablet or another device (hereinafter the "Device"), you signify that you have read, understand and agree to be bound by these Terms of Use (hereinafter the "Terms"), the Privacy Policy and applicable legislation. We may change, amend, or modify these Terms at any time without notice, effective upon its posting to the Application. Your continued use of the Application shall be considered as your acceptance of the revised Terms. If you do not agree to these Terms, please do not use this Application. If you have any questions about these Terms, please, do not hesitate to contact Us via e-mail address info@eversan.co


Scope of licence


The Application is licensed, not sold, to you. We grant non-exclusive, non-transferable, non-sublicensable, revocable limited license to run the Application on your Device solely on the terms and conditions specified herein and only as an end user. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy (except as expressly permitted by these Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent as permitted by the applicable legislation). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages.


Intellectual property


All objects placed on the Application, including design elements, text, graphic images, illustrations, videos, codes, scripts, software, music, sounds and other objects (hereinafter the "Content") are legally owned or licensed/authorized for use by Us. You shall not copy, publish, broadcast or otherwise distribute any Content, displayed on the Application. Nothing in these Terms or the Application can or shall be considered as the grant of the rights to the Content, displayed on the Application or available via the Application. All rights reserved.


Privacy policy


When using the Application, you may provide the information, defined as "personal data" by the applicable legislation. All matters related to processing of your personal data are governed by Privacy Policy. We highly recommend you to read Privacy Policy before using this Application. Your use of the Application shall constitute that you have read and accepted Our Privacy Policy.


Link to the third party services


There are several places on our Application where you may click on a link directing you away from our Application to access other applications, websites or services that do not operate under these Terms (hereinafter "third-party services"). We bear no liability for any outcome of your use of these services. You access and use these third-party services at your own risk. We recommend you to inspect the "Terms" document of all third-party services you visit before any use of them.


Conditions of use


You agree to use this Application in strict compliance with applicable legislation. You agree not to use in any way this Application or submit to Us anything which is in any respect:
·                is in breach of any law, statute, directive, order, regulation or by-law of the applicable jurisdiction;
·                is fraudulent, criminal or unlawful;
·                is contrary to public policy or to accepted principles of morality;
·                is inaccurate or out-of-date;
·                may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
·                impersonates any other person, body or entity or misrepresents a relationship with any person, body or entity;
·                may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights, and broadcasting rights) or privacy or other rights of Us or any third party;
·                may be contrary to our interests;
·                is contrary to any specific rule or requirement that we stipulate on the Application in relation to a particular part of the Application or the Application generally;
·                involves your use, delivery or transmission of any viruses or anything likely intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.


Indemnification


You agree to defend, indemnify, and hold Us harmless including our officers, directors, employees, agents, subcontractors, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys’ fees and costs) arising directly or indirectly from or relating to a) the breach of these Terms by you or anyone using your device; b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Application; c) your violation of any law or regulation; or d) any other matter for which you are responsible under these Terms or under law.
We reserve the right to assume the exclusive defence and control of any demand, claim or action arising hereunder or in connection with the Application and all negotiations for settlement or compromise. You agree to fully cooperate with Us in the defence of any such demand, claim, action, settlement or compromise negotiations, as requested by Us.


Choice of law


These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by, and construed in accordance with the laws of England. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England.


Term and termination


These Terms are effective until terminated by either you or Us. You may terminate these Terms of at any time, provided that you discontinue any further use of the Application. If you violate these Terms, our permission to you to use the Application automatically terminates. In the event of your violation of these Terms, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. We, however, may, in Our sole discretion, terminate these Terms and your access to the Application, at any time and for any reason, without penalty or liability to you or any third party.


Waiver, severability & assignment


Our failure to enforce a provision is not a waiver of its right to do so later. Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law. You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Application.


DISCLAIMER. LIMITATION OF LIABILITY.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR REFERENCED THEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK. WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTIES REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE APPLICATION; OR THAT THE APPLICATION WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE APPLICATION. IF YOU ARE DISSATISFIED WITH THE APPLICATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, SHALL WE, OUR AFFILIATES, OR ANY OF OUR OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR DEVICE FAILURE OR MALFUNCTION, EVEN IF A REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.