PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE APP.
By clicking the “pay”, “accept” or “ok” button, or installing and/or using the BizzMatcher web and mobile software application (the “Software”) you expressly acknowledge and agree that you are entering into a legal agreement with BizzMatcher (“BizzMatcher”, we”, “us” or “our”), and have understood and agreed to comply with BizzMatcher, and be legally bound by the terms and conditions of this End User License Agreement (“Agreement”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not register, download, install or use the Software.
1. Ability to Accept. By installing the Software and/or signing-up to the Software you affirm that you are over thirteen (13) years of age. If you are between the age of thirteen (13) and eighteen (18) years then, prior to installing the Software, you must first review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand its terms and conditions and agree to them.
2. License. Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to: (i) download, install and use the Software on a mobile telephone, tablet, computer or device (each, a “Device”) that you own or control; and (ii) access and use the Software on that Device in accordance with this Agreement and any applicable Usage Rules (as defined below).
3. License Restrictions. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the Software; (ii) make the Software available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt or attempt to derive the source code of, the Software; (iv) copy (except for back-up purposes), modify, improve or create derivative works of the Software or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the Software or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Software; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; (vii) use any communications systems provided by the Software to send unauthorized and/or unsolicited commercial communications; (viii) use the BizzMatcher name, logo or trademarks without our prior written consent; and/or (ix) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible or inappropriate purpose, or in any manner that breaches this Agreement.
4. Account. In order to use some of the Software features you may have to create or use an account (an “Account”). If you create an Account, you must provide accurate and complete information for yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account.
5. Usages Rules. If you are downloading the Software from a third party mobile device platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the Software (“Usage Rules”). We specifically refer to the Usage Rules of certain Distributors below in the section below entitled ‘Distributor Requirements and Usage Rules’, but other Usage Rules may be applicable depending on where the Software has been downloaded from. You acknowledge that, prior to downloading the Software from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the Software are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the Software; if you are unable to make such a representation you are prohibited from installing and/or using the Software.
7. Use of the Software in a Vehicle. If you are using the Software in a vehicle, you agree: (i) to comply with all applicable traffic laws; and (ii) if you are the driver, not to use the Software unless your vehicle is stationary and legally parked.
8. Third Party Sources and Content
8.1. The Software enables you to view, access, link to, and use content from Third Party Sources (as defined below) that are not owned or controlled by us (“Third Party Content”). The Software may also enable you to communicate and interact with Third Party Sources. “Third Party Source(s)” means: (i) third party websites and services; and (ii) our partners and customers.
8.3. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety or Intellectual Property Rights (as defined below) of, or relating to, any Third Party Content.
8.4. We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third Party Content or that is communicated to you from a Third Party Source.
8.5. By using the Software you may be exposed to Third Party Content that is inaccurate, offensive, indecent or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
8.6. You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against BizzMatcher, and release BizzMatcher from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
9. Messages. The Software may permit you to send messages (including via email) to a Third Party Source or to other Software users (“Messages”). You are solely responsible for your Messages and the consequences of sending them, and you agree to hold us harmless, and expressly release us, from any and all liability arising from your Messages. You grant us a worldwide license to use, store, and reproduce your Messages for the limited purpose of facilitating sending them to your designated recipients (and we may also use the tools, software or services of third party service providers to facilitate the sending of Messages to your designated recipients). You represent and warrant that you own or have the necessary rights and permissions to use all of the Intellectual Property Rights in and to your Messages, and to grant the foregoing license to us. You retain all of your ownership rights in your Messages. You acknowledge and agree that the provisions of Section 10 (User Submissions) below shall also apply to Messages that you send via the Software.
10. User Submissions
10.1. The Software may permit the hosting, sharing, posting and publishing of content by you and other users (“User Submissions”). Your User Submissions may be posted to the Software, or otherwise be made publicly available. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We have complete discretion whether to publish your User Submissions and we reserve the right without further notice to you, to monitor, censor, edit, remove, delete and/or remove any and all User Submissions at any time and for any reason.
10.2. Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by this Agreement. You retain all of your ownership rights in your User Submissions.
10.4. Exposure. You understand and acknowledge that when accessing and using the Software: (i) you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect to (i) and (ii) herein.
10.5. Disclosure. We reserve the right to access, read, preserve and disclose any User Submission or any other information that we obtain in connection with the Software as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce this Agreement, including investigation of potential violations of it; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to your user support requests; or (v) protect the rights, property or safety of BizzMatcher, our users or the public.
10.6. Prohibited Content. You agree that you will not send, display, post, submit, publish or transmit a User Submission or Message that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (vii) involves theft or terrorism; (viii) constitutes an unauthorized commercial communication; (ix) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (x) breaches this Agreement.
10.7. Overwriting by BizzMatcher. BizzMatcher wants to provide an optimal experience at all times for participants of events. Hence, BizzMatcher reserves the right to make changes to user-submitted data, to make them more understandable.
11. Copyright Policy
11.1. Removal of Content. It is the policy of BizzMatcher to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the “DMCA”), BizzMatcher has designated a Copyright Agent (as specified below) to receive notifications of claimed copyright infringement in connection with: (i) the BizzMatcher Software and other mobile applications that we license; and/or (ii) the websites that we operate (collectively, the “Service”). Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of Service users who are repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent with the following information in accordance with the DMCA:
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
(ii) A description of the copyrighted work you claim has been infringed;
(iii) A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it. Providing URLs in the body of an email is the best way to help us locate content quickly;
(iv) Your address, telephone number and email address;
(v) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
11.2. Counter-Notification. If you believe that the material you posted was removed from the Service by mistake, and that you have the right to post the material, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to our Copyright Agent that includes substantially the following (please consult your legal counsel or see the Digital Millennium Copyright Act, 17 U.S.C. (the “Copyright Act”) Section 512(g)(3) to confirm these requirements):
(i) Your physical or electronic signature;
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best way to help us locate content quickly;
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(iv) Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which BizzMatcher may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
11.3. Misrepresentations. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
11.4. Copyright Agent. BizzMatcher’s agent for notice of claims of copyright infringement (“Copyright Agent”) can be reached as follows:
Name: SIGNATURE FZE
Address: Level 23, Plaza Tower 2, Sheikh Mohammed Bin Rashid Blvd
Telephone: +971(0) 4 40 96 772
Email: [email protected]
12. Third Party Open Source Software. Portions of the Software may include third party open source software that are subject to third party terms and conditions (“Third Party Terms”). A list of any third party open source software and related Third Party Terms is available at [register.comzMatcher.com/files/terms.html]. If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open source software. Notwithstanding anything in this Agreement to the contrary, BizzMatcher makes no warranty or indemnity hereunder with respect to any third party open source software.
13. Intellectual Property Rights
13.1. Ownership. The Software is licensed and not sold to you under this Agreement and you acknowledge that BizzMatcher and its licensors retain all title, ownership rights and Intellectual Property Rights in and to the Software (and its related software). We reserve all rights not expressly granted herein to the Software. “Intellectual Property Rights” means any and all rights, titles and interests in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
13.2. Content. The: (i) content on the Software, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials”); (ii) User Submissions; and (iii) trademarks, service marks and logos contained therein (“Marks”, and together with the Materials and User Submissions, the “Content”); is the property of BizzMatcher and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “BizzMatcher” and the BizzMatcher logo are Marks of BizzMatcher and its affiliates. All other Marks used on the Software are the trademarks, service marks or logos of their respective owners.
13.3. Use of Content. The content on the Software is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, decompiled or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein.
14.1. The License granted hereunder is currently for free, however, we may in the future charge a fee for certain features and/or uses. You will not be charged for any such uses of the Software unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Software.
14.2. Please be aware that your use of the Software may require and utilize internet connection or data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.
14.3. Payment information and payment methods provided by event organizers (each, an “Organizer”) are specified and presented at the Software, within the registration process to the applicable event, as set forth by the Organizer. If you wish to purchase tickets through the Software (each such purchase, a “Transaction”), you will be asked to supply certain information applicable to your Transaction, including, without limitation, credit card information. You agree that all information that you provide in connection with the Transaction will be accurate, current and complete. You agree to pay all charges incurred by you at the prices then in effect. You will also be responsible for paying any applicable taxes relating to your Transactions. The sale or purchase of tickets to entertainment events may be regulated by certain state, county and city laws or regulations. You acknowledge that complying with laws is your responsibility, and you agree not to hold us liable for your failure to comply with any law or our failure to notify you of, or properly apply, any law. We will comply with law enforcement authorities and may provide them with any and all information you submit to us to assist in any investigation or prosecution they may conduct. You agree that you will only use credit cards belonging to you, friends, colleagues or family members who expressly authorize such use, for the purpose of conducting Transactions. You hereby grant BizzMatcher the right to provide any information you submit to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
14.5. Cancellation; Refunds Policy. Before purchasing tickets, we ask you to carefully review your event selection and review the cancellation policy, set forth by the Organizer. The ticket prices, availability, cancellation and refund policy are determined by the Organizer and are set forth throughout the registration process or within the cancellation policy set forth by the Organizers. You may cancel a Transaction at any time by issuing a cancellation notice in writing to the Organizer (using its contact info); however, refunds may or may not be issued for cancelled tickets depending on the cancellation policy set forth by the Organizer during the registration process. If no cancellation policy was set forth by the Organizer, there may be no refunds given. BizzMatcher will not be liable for travel or any other expenses that you or anyone else incurs in connection with a cancelled or postponed event. For all types of Transactions, it is the responsibility of the Organizer to communicate its refund and cancellation policy to you and to issue you refunds via the Software or otherwise. All communications or disputes regarding refunds are between you and the Organizer, and BizzMatcher will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Software or a Transaction. All communications and disputes regarding cancellations, chargebacks and refunds are between you and the Organizer, and BizzMatcher will not be responsible or liable in any way for chargebacks in connection with your use of the Software. If you wish to request a refund, you should contact the applicable Organizer directly. You hereby agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased.
14.6. Cancellation and Postponement. Occasionally, events are canceled or postponed. BizzMatcher is not liable for any damages caused to you, should this occur. It is the Organizer’s responsibility to attempt to contact you to inform you of refund or exchange procedures for the event. If the event was moved or rescheduled, the Organizer may set refund limitations. Please contact the Organizer for more information or to request a refund if you cannot attend the rescheduled event.
14.7. Unlawful Resale of Tickets; Commercial Purposes. Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. In addition, BizzMatcher reserves the right to restrict or deny ticket purchasing privileges to anyone that BizzMatcher determines, in its sole discretion, to be in violation of any of the terms of this Agreement.
15. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the content available on the Software is accurate, complete, reliable, current or error-free. We reserve the right to make changes in or to the content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the content.
17. Warranty Disclaimers
17.1. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
17.2. WE DO NOT WARRANT THAT THE APP WILL OPERATE ERROR-FREE, THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE APP. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
17.3. IF YOU HAVE A DISPUTE WITH ANY OTHER APP USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
17.4. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
18. Limitation of Liability
18.1. UNDER NO CIRCUMSTANCES SHALL BIZZMATCHER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP EVEN IF BIZZMATCHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18.2. IN ANY EVENT, BIZZMATCHER’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APP, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO BIZZMATCHER FOR USING THE APP WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.
19. Indemnity. You agree to defend, indemnify and hold harmless BizzMatcher and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Software; (ii) your violation of this Agreement; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
20. Export Laws. You agree to comply fully with all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
21. Updates and Upgrades. We may from time to time provide updates or upgrades to the Software (each a “Revision”), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the Software. All references herein to the Software shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original Software, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
22. Term and Termination
22.1. This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Software; and/or (ii) terminate this Agreement and your use of the Software with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the Software in any way, your only recourse is to immediately discontinue use of the Software.
22.2. Upon termination of this Agreement, you shall cease all use of the Software. This Section 22.2 and Sections 13 (Intellectual Property Rights), 16 (Privacy), 17 (Warranty Disclaimers), 18 (Limitation of Liability), 19 (Indemnity), and 23 (Assignment) to 26 (General) shall survive termination of this Agreement.
23. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by BizzMatcher without restriction or notification.
24. Modification. We reserve the right to modify this Agreement at any time by sending you a notification and/or publishing the revised Agreement on the Software. Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of the Software thereafter means that you accept those changes.
25. Governing Law and Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of United Arab Emirates without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Antwerp, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
Requirements and Usage Rules
Apple. If you download the Software from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS app) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:
(i) You acknowledge and agree that:
(a) this Agreement is concluded between BizzMatcher and you only, and not with Apple, and BizzMatcher and its licensors, and not Apple, is solely responsible for the Software and the content thereof.
(b) your use of the Software is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.
(c) the License granted herein is limited to a non-transferable right to use the Software on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
(d) BizzMatcher is solely responsible for providing any maintenance and support services with respect to the Software, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software;
(e) BizzMatcher is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be BizzMatcher’ sole responsibility;
(f) BizzMatcher, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the Software or your possession and/or use of the Software, including, but not limited to: (a) product liability claims; (b) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, including in connection with the Software’s use of HealthKit and HomeKit frameworks;
(g) in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation defense, settlement and discharge of any such intellectual property infringement claim;
(h) Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
(ii) You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
(iii) If you have any
questions, complaints, or claims regarding the Software, please contact BizzMatcher
at: Email: [email protected] Level 23, Plaza Tower 2, Sheikh
Mohammed Bin Rashid Blvd, United Arab Emirates, Dubai
Telephone: +971(0) 4 40 96 772
By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).
Last updated: Dec, 2019