TERMS OF USE

 

Your use of the Services is governed by the terms and conditions stipulated hereunder which includes the Privacy Policy (“Policy”), hereinafter collectively referred to as the “Terms of Use” and is incorporated into these Terms of Use. By using the Services, you signify your acceptance of the Terms of Use and consent to us processing your Personal Information in accordance with the Policy and Term of Use, and agree to be governed by all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

 

Eligibility:

Our Services are not intended for children under eighteen (18) years of age. We do not knowingly solicit data online from children under eighteen (18) years of age. If you are under eighteen (18) years of age, then please do not use or access the Services at any time or in any manner. If we learn that Personal Information of persons under eighteen (18) years of age has been collected on the Services, then we may disable such person’s access to Services. By using the Services you represent and warrant that you are eighteen (18) years of age or older and that you have the right, authority and capacity to use the Services.

 

Use of Our Content

The Services, including all content and materials created by us and made available in connection with the services provided through the App/Site including without limitation visual interfaces, interactive features, graphics, designs, computer code, products, software and other usage related data in relation with activities associated with your account and all our other elements of the Services excluding Your Content and Third Party Content (“Our Content”), is our property and are copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Services and to prevent any unauthorized copying, modifying, reproducing, republishing, uploading, transmitting, posting or distributing of the materials in any form without our prior written permission. All rights not expressly granted herein are reserved. Unauthorized use of Our Content may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties. We do not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information to you.

 

Our license to use Your Content

“Your content" means all the information, materials and content that you upload, share or transmit to, through or in connection with the Services, including without limitation, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile.

 

Upon submission of Your Content to us you hereby grant us a perpetual, irrevocable, world-wide, non-exclusive, licensable and transferable license to use Your Content for any purpose in relation to the Services. The term ‘use’ herein includes use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of third party services, allow their users and others to do the same. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, any third party services and our and their users.

 

Acceptable Use

Subject to the terms and conditions set forth in these Terms of Use, we grant you non-exclusive, non-transferable, and limited right to access, use, and display the Services and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Services in any way.

 

You agree that you will use the Services only for lawful purposes and in a lawful manner. While using the Services, you agree that you will not:

(i)                  register under a false name or use an invalid or unauthorized email or physical address;

(ii)                use another person's account without permission;

(iii)               not create multiple accounts or business listings except as otherwise authorised by us;

(iv)              use the Services if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using the Services;

(v)                submit material that is protected by privacy rights, unless you are the owner of such rights or have permission from the rightful owner to post the material;

(vi)              violate any laws, third party rights, or our rights;

(vii)             post or upload obscene, harassing, harmful, pornographic, paedophilic,  threatening, abusive, false, inaccurate, misleading, defamatory, or seditious content;

(viii)           distribute viruses, codes, files, programs or any other technologies that may harm us, or the interests or property of our users;

(ix)              copy, modify, or distribute content from the Services and/or our copyrights and trademarks;

(x)                harvest or otherwise collect information about users, including email addresses, without their consent;

(xi)              use Services for any commercial solicitation or spam purposes except as otherwise authorised by us; or

(xii)             use it in a manner or for a purpose in violation of any applicable law.

 

You agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on the App’s or Site’s technical infrastructure without our express prior consent; (b) copy, reproduce, reverse engineer, sell, exploit, transmit, modify, create derivative works from, distribute, or publicly display any content from the App or Site without our prior express written permission and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the App or Site or any activities conducted on the App or Site including without limitation hacking the App or Site, whether intentionally or unintentionally; or (d) bypass any measures we may use to prevent or restrict access to the Services.

 

You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account. You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your account for the purpose of transacting activities in your name.

Cookies

Our Services may use cookies or similar technologies (“Cookie(s)”) to enhance user experience. The Cookies will help the Services identify your device and remember information about your visit and other settings. If you do accept any Cookie, you explicitly agree to our use of any information collected by us through that Cookie. Please note that any such collection information is solely for the purpose of improving your experience in using the Services. You may choose to set your device/browser settings to refuse cookies. If you do so, note that some parts of the Services may not function properly.

 

Pricing and Payment

In the event, the user can register for free on the business listing Services. Thereafter, for using the Services, the user will be required to buy one of the posts packages, listed on the Services for a certain fee. We offer a range of post packages, which are subject to change from time to time.

 

All prices quoted on the Site/App are inclusive of applicable taxes. We reserve the right to alter the prices quoted on the Site/App without any notice.

 

The payments in relation to the Services shall be processed by third party payment gateway partners (“Payment Partner(s)”). Please not that your processing of payments in connection with your use of Services will be subject to the terms, conditions, and privacy policies of the Payment Partners that we engage for the purpose. We will not be responsible for any errors by the Payment Partners and shall not be liable for any losses or damages caused to you as a result thereof. In connection with your use of the Services, we will obtain certain transaction details, which we will use solely in accordance with the Policy.

 

Upon making the payment, an e-invoice shall be generated by the Payment Partner, which will be sent across to your registered e-mail. Any and all payments made by the users are non-refundable and non-transferable notwithstanding any termination of your account by either you or us for any reason, and any unused subscription time.

 

Please note that although we are currently not charging any fee to the non-business listing individual subscribers, we, at our sole discretion, reserve the right to introduce a tariff system for such subscribers in the future. In such an event, the individual users shall waive any and all rights to bring any claim against us in connection with the implementation of the aforesaid tariff system and be liable to pay the relevant subscription fee for continuation of use of the Services, failing which their account shall be terminated.

 

Availability

We do not represent or promise that the Services will be continuously available. We reserve the right at any time and for any reason to modify or withdraw, temporarily or permanently, the Services (or any part thereof) with or without notice to you.

 

Disclaimer

The materials on the App and Site are provided "as is". We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the App or Site or otherwise relating to such materials or on any sites linked to the App or Site.

 

Removal, Disablement, Termination of Your Account

We may monitor your access to the Services from time to time, and without prejudice to our right to terminate your account as mentioned below, in the event any content, in our sole opinion found to be reasonably objectionable, is in violation of the Terms of Use or any applicable law, or harmful to the interests of the Services, we reserve the right to remove, block, or disable access to such content at any time and without any prior notice. We may terminate your access to the Services at any time for any reason including without limitation violation of the Terms of Use. Clauses which by their nature would continue beyond such termination including without limitation, disclaimer of warranty, accuracy of information and indemnification, shall so survive.

 

Limitations and Indemnity

In no event will we and our directors, officers, employees, service providers, suppliers, agents and representatives, be liable for any direct, special, punitive, exemplary, incidental or consequential damages, loss of use, loss of profits, loss of income, loss of business, loss of goodwill, loss of data, loss of programs and business interruption, whether in an action of contract, negligence or other tortuous action, arising out of the use or inability to use the Services, or any information provided on the Services, even if we or our authorized representative has been notified orally or in writing of the possibility of such damage.

 

Without prejudice to any other rights or remedies that we may have under law, contract, equity or otherwise, you agree to indemnify, defend and hold harmless us and our directors, officers, employees, suppliers, service providers, agents and representatives from and against all losses, expenses, damages, suits, liabilities, proceedings, claims and costs, including reasonable attorneys' fees, arising out of or relating to any misuse by you of the App/Site or any content or services provided thereon, or as a result of your breach of the Terms of Use.

 

 

 

Revisions and Errata

The materials appearing on our App/Site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on our App/Site are accurate, complete, or current. We may make changes to the materials contained on our App/Site at any time without notice. We do not, however, make any commitment to update the materials.

 

We make no warranty that: (a) the Services will meet your requirements; (b) the Services will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the App/Site or any services offered through the App/Site will be accurate or reliable. We make no representations, warranties or undertakings that the Services, or the server that makes it available, will be compatible with your equipment or free from defects, including but not limited to viruses or other harmful elements. We accept no liability for any infection by computer virus, bug, tampering, unauthorized access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond our control, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of the Services or your equipment.

Links and Third Party Content

You acknowledge and agree that any third party content available on the App/Site including without limitation third party website links (“Third Party Content”) is not created or endorsed by us nor are any products or services offered through it. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation thereof. You acknowledge that the Third Party Content provided is obtained from sources believed to be reliable, but that no guarantees are made by us or the providers of the Third Party Content as to its accuracy, completeness, or timeliness. Please note that your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party.

We have no control over such Third Party Content and hold no responsibility for the content, privacy policies or practices of the Third Party Content. You agree not to hold the App/Site, any products or services through the App/Site or any provider of Third Party Content liable for any decision or transaction you may make based on your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason, or any damages, claims, losses, expenses, liabilities, suits or proceedings arising out of your use of Third Party Content.

 

Governing Law

The Services is controlled, operated and administered by us from our offices within Cyprus. We make no representation that materials at the App/Site are appropriate or available for use at other locations outside of Cyprus, and access to them from territories where their contents are illegal is prohibited. You may not use the Services or export the materials thereon in violation of any applicable export laws and regulations. If you are accessing the Services from a location outside of Cyprus, you shall be responsible for compliance with all local laws. These Terms of Use shall be governed by the laws of Cyprus excluding any laws that direct the application of another jurisdiction’s laws. You agree that the competent courts in Limassol, Cyprus, will have the exclusive jurisdiction to resolve all disputes arising under these Terms of Use, and you consent to personal jurisdiction in such forum.

 

General

These Terms of Use constitute the entire agreement between us and you with respect to the use of the Services. Any cause of action that you may have with respect to the use of the Services must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. Capitalized words not defined herein shall have the same meaning as ascribed to them under the Privacy Policy.

 

Modification

We may at our sole discretion change the Terms of Use from time to time. We encourage you to periodically revisit the Terms of Use to stay aware of any changes. Changes in these Terms of Use will be effective when notice of such change is posted. Your continued use of the Services after any changes to these Terms of Use are posted will be considered acceptance of those changes. If you do not agree to the Terms of Use or any changes thereto, please discontinue using the Services.

 

Areas of the App/Site may have different terms of use posted. If there is a conflict between the Terms of Use and the terms of use posted for a specific area of the Services, the latter shall have precedence with respect to your use of that area of the Services.

 

Email: info@ghoastapp.com

Last updated: January 08, 2018