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Last updated 07/03/2024
Surprice101 ('Licensed Application') is a piece of software created to facilitate information exchange and provide a marketplace for merchants and buyers — and customised for iOS and Android mobile devices ('Devices'). Surprice101 is licensed to you (End-User/Purchaser) (‘You’) by Surprice101 Limited for use only under the terms of this Licence Agreement. By downloading the Licensed Application from Apple's software distribution platform ('App Store') and Google's software distribution platform ('Play Store'), and any update thereto (as permitted by this Licence Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Licence Agreement, the Privacy Notice (https://surprice101.com/privacy-policy) and the Terms of Use (https://surprice101.com/terms-condition) which shall form the entire agreement between You and Surprice101 Limited and that You accept this Licence Agreement. App Store and Play Store are referred to in this Licence Agreement as 'Services'. The parties of this Licence Agreement acknowledge that the Services or their owners and operators are not a Party to this Licence Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Surprice101 Limited, not the Services, is solely responsible for the Licensed Application and the content thereof. This Licence Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ('Usage Rules'). Surprice101 Limited acknowledges that it had the opportunity to review the Usage Rules and this Licence Agreement is not conflicting with them. The Licensed Application when purchased or downloaded through the Services, is licensed to You for use only under the terms of this Licence Agreement. The Licensor reserves all rights not expressly granted to You. The Licensed Application is to be used on devices that operate with Apple's operating systems ('iOS' and 'Mac OS') or Google's operating system ('Android').
TABLE OF CONTENTS
1. THE APPLICATION 2. YOU MUST BE 18 TO ACCEPT THESE TERMS 3. SCOPE OF LICENCE 4. TECHNICAL REQUIREMENTS 5. MAINTENANCE AND SUPPORT 6. CHANGES TO THESE TERMS 7. USE OF DATA 8. ACCEPTABLE USE RESTICTIONS 9. USER-GENERATED CONTRIBUTIONS 10. CONTRIBUTION LICENCE 11. LIABILITY 12. WARRANTY 13. PRODUCT CLAIMS 14. LEGAL COMPLIANCE 15. CONTACT INFORMATION 16. TERMINATION 17. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY 18. INTELLECTUAL PROPERTY RIGHTS 19. APPLICABLE LAW 20. MISCELLANEOUS
1. THE APPLICATION
The Licensed Application is customised for the Devices for browsing product's information and searching for products and services provided by merchants.
2. YOU MUST BE 18 TO ACCEPT THESE TERMS
You must be 18 or over to accept these terms and buy and use the Licensed Application.
3. SCOPE OF LICENCE
3.1 You are given a non-transferable, non-exclusive, non-sublicensable licence to install and use the Licensed Application on any Devices that You own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You via Family Sharing or volume purchasing. 3.2 This licence will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate licence is provided for such update, in which case the terms of that new licence will govern. 3.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Surprice101 Limited's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application. 3.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Surprice101 Limited's prior written consent). 3.5 You may not copy (excluding when expressly authorised by this licence and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this licence, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so. 3.6 You will comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Licensed Application. 3.7 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages. 3.8 Nothing in this licence should be interpreted to restrict third-party terms. The ways in which you can use the Licensed Application may also be controlled by third-party rules and policies. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions. 3.9 For the avoidance of doubt, if You download or stream the Licensed Application onto any phone or other device not owned by You, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not You own the phone or other device.
4. TECHNICAL REQUIREMENTS
4.1 From time to time Licensor may automatically update the Licensed Application to comply with modified/new versions of the firmware and new hardware, improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, the Licensor may ask you to update the Licensed Application for these reasons. If You choose not to install such updates or if You opt out of automatic updates, you may not be able to continue using the Licensed Application. . You are not granted rights to claim such an update and Surprice101 Limited shall not be responsible for any loss incurred to You if you can no longer use the Licensed Application. 4.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above. 4.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
5. MAINTENANCE AND SUPPORT
5.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application. 5.2 Surprice101 Limited and You as the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application. 5.3 If the Licensor needs to contact You, they will do so by email or by SMS, using the contact details You have provided the Licensor.
6. CHANGES TO THESE TERMS
The Licensor may need to change these terms to reflect changes in law or best practice or to deal with additional features which the Licensor introduces. The Licensor will give You at least 30 days notice of any change by sending you an email or SMS with details of the change or notifying you of a change when you next start the Licensed Application. If You do not accept the notified changes You may continue to use the Licensed Application in accordance with the existing terms but certain new features may not be available to You OR may not be permitted to continue to use the Licensed Application.
7. USE OF DATA
Under data protection legislation, the Licensor is required to provide you with certain information including who the Licensor is, how the Licensor processes personal data and for what purposes and the End-Users rights in relation to personal data and how to exercise them. This information is provided in https://surprice101.com/privacy-policy and it is important that You read that information. You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy, which can be found at the bottom of the Licensed Application. You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
8. ACCEPTABLE USE RESTICTIONS
You must: · not use the Licensed Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Licensed Application or any operating system; · not infringe our intellectual property rights or those of any third party in relation to your use of the Licensed Application, including by the submission of any material (to the extent that such use is not licensed by these terms); · not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Licensed Application; · not use the Licensed Application in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and · not collect or harvest any information or data from the Licensed Application or our systems or attempt to decipher any transmissions to or from the servers running any service of the Licensed Application.
9. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that: 1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. 2. You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this Licence Agreement. 3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this Licence Agreement. 4. Your Contributions are not false, inaccurate, or misleading. 5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. 6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us). 7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. 8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people. 9. Your Contributions do not violate any applicable law, regulation, or rule. 10. Your Contributions do not violate the privacy or publicity rights of any third party. 11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. 12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. 13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this Licence Agreement, or any applicable law or regulation. Any use of the Licensed Application in violation of the foregoing violates this Licence Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
10. CONTRIBUTION LICENCE
By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels. This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. The Licensor does not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. The Licensor is not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. The Licensor has the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorise any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. The Licensor has no obligation to monitor your Contributions or the permanent loss of your Contributions from the Licensed Application due to any foregoing action if exercised by the Licensor.
11. LIABILITY
Licensor takes no accountability or responsibility for any damages caused due to a breach of this Licence Agreement, including but not limited to the duties according to Section 2 of this Licence Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application. The Licensor does not exclude or limit in any way liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by the Licensor’s negligence or the negligence of the Licensor’s employees, agents or subcontractors or for fraud or fraudulent misrepresentation. The Licensor is not liable for business losses, whether direct or indirect. The Licensed Application is for personal and private use only. If You use the Licensed Application for any commercial, business or resale purpose the Licensor will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity. The Licensed Application is provided for general information and entertainment purposes only. It does not offer advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Licensed Application. Although the Licensor will make reasonable efforts to update the information provided by the Licensed Application, the Licensor makes no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
12. WARRANTY
12.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation. 12.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Surprice101 Limited's sphere of influence that affect the executability of the Licensed Application. 12.3 You are required to inspect the Licensed Application immediately after installing it and notify Surprice101 Limited about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of 7 days after discovery. 12.4 If the Licensor confirms that the Licensed Application is defective, Surprice101 Limited reserves a choice to remedy the situation either by means of solving the defect or substitute delivery. 12.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the owner or operator of the Services, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the owner or operator of the Services will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty. 12.6 Any claim based on faults expires after the statutory period of limitation under applicable law.
13. PRODUCT CLAIMS
Surprice101 Limited and the End-User acknowledge that Surprice101 Limited, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the use of the Licensed Application.
14. LEGAL COMPLIANCE
You represent and warrant that You are located in the Permitted Territory as defined in the Terms of Use and you purchase goods or services from us only for the use in the Permitted Territory.
15. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact customer.service@surprice101.com.
16. TERMINATION
The licence is valid until terminated by Surprice101 Limited or by You. Your rights under this licence will terminate automatically and without notice from Surprice101 Limited if You fail to adhere to any term(s) of this licence. Upon termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application. On termination, the Licensor may remotely access your devices and remove the Licensed Application from them and cease providing you with access to its services.
17. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Surprice101 Limited represents and warrants that Surprice101 Limited will comply with applicable third-party terms of agreement when using Licensed Application. In Accordance with Section 9 of the 'Instructions for Minimum Terms of Developer's End-User Licence Agreement', both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User Licence Agreement and — upon Your acceptance of the terms and conditions of this Licence Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User Licence Agreement against You as a third-party beneficiary thereof. The Licensed Application may contain links to other independent websites which are not provided by the Licensor. Such independent websites are not under the Licensor’s control, and the Licensor is not responsible for and has not checked and approved such websites content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent websites, including whether to buy any products or services offered by them. The Licensor may transfer our rights and obligations under these terms to another organisation. The Licensor will always tell You in writing if this happens and will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if the Licensor agrees in writing. This Licence Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term of this Licence Agreement.
18. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Licensed Application throughout the world belong to the Licensor and the rights in the Licensed Application are licensed (not sold) to You. You have no intellectual property rights in, or to, Licensed Application other than the right to use it in accordance with these terms. Surprice101 Limited and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Surprice101 Limited, and not the Services, will be solely responsible for the investigation, defence, settlement, and discharge or any such intellectual property infringement claims.
19. APPLICABLE LAW
This Licence Agreement is governed by the laws of the Special Administrative Region of Hong Kong, the People’s Republic of China excluding its conflicts of law rules.
20. MISCELLANEOUS
20.1 If any of the terms of this Licence 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. 20.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.