EULA

End User Licence Agreement

PLEASE READ THESE END USER LICENCE TERMS (“EULA”) CAREFULLY

By clicking on the “accept” button below or by using the Carlichauns Ltd Application (“App”) to receive any services (the “Services”) you acknowledge that you have read, understood, and agree to and will be bound by the terms and conditions of this EULA. This EULA forms a binding legal agreement between you as the user (and any other entity on whose behalf you accept these terms) (collectively “you” or “your”) and Carlichauns Ltd. (collectively “we” or “our” or “Company”), (each separately a “Party” and collectively the “Parties”) as of the date you download the App. If you do not agree to the terms of this EULA do not use/buy the App or click on the “reject” button. 

1. Licence 

Company grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the App and any related services for your personal and internal business purposes strictly in accordance with this EULA. You must be 18 or over to accept these terms and use/buy the App.  

2. Changes 
3. Company reserves the right to modify this EULA at any time and for any reason. Company will post the most current version of this EULA at www.carlichauns.com. If Company makes material changes to this EULA, you will receive notification via the App. Notwithstanding the foregoing, you are responsible for complying with the updated terms posted online even if these updated terms appear online at Company’s website before being posted on the App. Your continued use of the App after Company publishes notice of changes to this EULA indicates your consent to the updated terms.
4. Company may deploy changes, updates, or enhancements to the App at any time. From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App 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 App and the Services.   
5. Company may suspend or terminate your rights in and to the App in Company’s sole discretion including, without limitation, if a newer version of the App is available, to improve the App or any functionality thereof; to improve ease of use for you or Company; to correct an error or bug; to prevent or discontinue harmful or improper access to the App; to prevent or discontinue unauthorized use of the App; to comply with a platform provider or government request; or to comply with a statute or judicial order.
6. Account 
7. In order to access the Services, you will have to register an account (“Registered User”) with Carlichauns Ltd.. Upon registration, you will have to provide accurate and complete information. It is important that you keep your Carlichauns Ltd account password secure and confidential. Any personal data you choose to provide about yourself in connection with your use of the Services will be collected, stored, used and in accordance with our Privacy Policy.
8. You must notify us immediately of any breach of security or unauthorised use of your account that you become aware of. You agree that you will be solely responsible (to Company and to others) for all activity that occurs under your account. We reserve the right to disallow, cancel, remove or reassign certain usernames in appropriate circumstances, as determined by Company in its sole discretion.
9. You may terminate your account at any time as described in the Termination section below. Any attempt to terminate your account by means other than those described below will not be considered a proper termination.

4. Maintenance and Support
5. Company may provide maintenance and support for the App but has no obligation whatsoever to furnish such services to you and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the App.
6. If you want to learn more about the App or related services or have any problems using them, please take a look at our support resources at www.calichauns.com.  If you think the App is faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at info@carlchauns.com. 
7. Operating Requirements and Mobile Platform
8. The App requires a tablet or mobile device with a minimum of 200MB of memory and the iOS or Android operating systems. 
9. The App shall only be used on a permitted mobile platform (“Mobile Platform“).  The approved Mobile Platforms are Apple Inc.’s iOS and Google Inc.’s Android. You should note that your use of the App and any related documentation may also be controlled by the relevant Mobile Platforms’ rules and policies and your use of the App shall comply therewith.
10. Licence Restrictions and Acceptable Use
11. You agree that you will:

1. except in the course of permitted sharing, not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
2. not copy the App and related documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
5. ensure it is not used to create any software that is substantially similar in its expression to the App;
6. is used only for the Permitted Objective; and
7. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
8. You must not: 

1. use the App or any Service 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 App, any Service or any operating system;
2. infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
3. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
4. use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
5. collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
6. Payment  
7. Payments shall be in accordance with any order agreed between you and Company. Payments are non-refundable unless otherwise agreed.
8. Prices for the Services may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering.
9. Safety 
10. While using the App, please be aware of your surroundings and safety. You agree that your use of the App and Services is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Services. Company shall not be in any way liable for any injuries or incidents occurring while using the App and Services. 
11. Further, in the event that you have a dispute with one or more other users of the App, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
12. Your Privacy
13. In order to operate and provide the App, Company may collect certain information about you, including technical data related to your use of the App. We use third party service providers to help us collect and analyze this data, including Google Analytics . We only use any personal data we collect through your use of the App in the ways set out in our privacy policy https://www.carlichauns.com/privacy.
14. By downloading the App, you authorize Company to send you (including via email and push notifications) information regarding the App, such as: (a) notices about your use of the App, including notices of violations of use; (b) updates to the App and new features or products; and (c) promotional information and materials regarding Company’s products and services.  You can review your account notification settings and adjust your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through the “Push Notifications” section of the App settings.
15. Certain services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device however this will limit your ability to use the Services. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop us collecting such data at any time by turning off the location services settings on the App.
16. Intellectual Property Rights 

You acknowledge that Company and its licensors own all right, title and interest in and to the App without limitation, all Intellectual Property Rights. “Intellectual Property Rights” means (i) all patents, patent applications, and certificates of invention, and all continuations, continuations in part, extensions, renewals, divisions, re-issues and re-examinations relating thereto; (ii) all moral rights and copyrights in any work of authorship or other work recognized by foreign or domestic law, by statute or at common law or otherwise, including all copyright registrations and applications therefor, together with any renewal or extension thereof and all rights deriving therefrom; (iii) all, whether registered or unregistered, trademarks, service marks, trade names and trade dress, and all goodwill relating thereto; (iv) all rights in all trade secrets, know-how, and confidential information; and (v) other intellectual property rights protectable under any laws or international conventions throughout the world. All rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App and any related documentation or services other than the right to use them in accordance with these terms. You agree to not remove, obscure, or alter any copyright, trademark, or other proprietary rights notice affixed to, contained within, or accessed in conjunction with or through the App. 

11. Warranty and Disclaimer 
12. YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The App and the Services are provided for general information and entertainment purposes only. They do 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 App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether expressed or implied, that such information is accurate, complete or up to date.
13. The App is only available for supported devices and might not work on every device. Determining whether your device is a supported or compatible device for use of the App is solely your responsibility, and downloading the App is done at your own risk. Company does not represent or warrant that the App and your device are compatible or that the App will work on your device.
14. iOS Application. In the event of Company’s failure to conform to any applicable warranty, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.  
15. Android Application. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
16. If you download or stream the App 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. 
17. The App may contain links to other independent  websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them. 
18. Liability 
19. IF USER IS AN INDIVIDUAL ACTING OR DEALING AS A CONSUMER OR WHEN DICTATED BY APPLICABLE LAWS, USER MAY HAVE CERTAIN STATUTORY RIGHTS WHICH MAY NOT BE WAIVED, AND SUCH STATUTORY RIGHTS ARE NOT AFFECTED BY THE FOLLOWING.
20. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, COMPANY SHALL NOT BE LIABLE TO ANY USER OR ANY THIRD PARTY, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS, FOR ANY DIRECT OR INDIRECT LOST PROFITS, LOSS OF DATA OR DATA USE, LOST SAVINGS, OR COSTS OF PROCURING SUBSTITUTE GOODS ARISING OUT OF THIS AGREEMENT, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL, OR SPECIAL DAMAGES, DUE TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT, USE OF THE APP OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
21. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT SHALL THE LIABILITY OF COMPANY FOR ANY DAMAGES (DIRECT OR OTHERWISE), PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE OF ANY TYPE EXCEED, IN THE AGGREGATE, ONE HUNDRED EUROS (EUR €100), ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING HEREBY WAIVED BY EACH USER. USER ACKNOWLEDGES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE MOBILE PLATFORM PROVIDER (E.G., APPLE, GOOGLE) WILL NOT BE LIABLE TO USER FOR ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE APP. 

4. NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES THE LIABILITY OF COMPANY, ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR DELIBERATE ACTS OR OMISSIONS, FOR ANY FORM OF FRAUD OR DECEIT, OR FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
   
5. You hereby agree to indemnify and hold us harmless as well as our owners, officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services or App, (b) your violation of these Terms or (c) any activity related to your account, be it by you or by any other person accessing your account with or without your consent.
6. Term and Termination 
7. This Agreement shall become effective upon your acceptance hereof by click-through below and shall remain in full force and effect thereafter until terminated as provided herein. 
8. You may terminate this Agreement for convenience at any time by deleting the App from all Mobile Devices that you own or control. 
9. Company reserves the right to suspend or terminate your access to the App at any time if you breach the terms of this EULA or in the event of your death or incapacity. You understand that if your account is suspended or terminated, you may no longer have access to the content that is stored within the Service. If we end your rights to use the App and Services you must stop all activities authorised by these terms, including your use of the App and any Services, you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this, and we may remotely access your devices and remove the App from them and cease providing you with access to the Services. 
10. We may cancel this EULA with you for any reason by giving you at least 2 months’ written notice.
11. General 

1. Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
2. We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will have no liability to you.
3. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we 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 we agree in writing.
4. This EULA is executed between you and Company and not between you and any other party, including Apple for iOS users and Google for Android users. you agree that any claims brought by you arising out of this EULA or your use of the App will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon your acceptance of this EULA, allows Apple or Google, as applicable, to enforce this EULA against you as a third party beneficiary thereof. Company is not responsible for any applicable third-party agreement between you and any third-party, including your wireless provider.
5. User agrees to comply with all United States and all other applicable laws, rules, and regulations relating to the export, re-export, or transhipment of the App.
6. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. If, for any reason, a tribunal or court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect to the maximum extent permitted by applicable law.
7. Even if we delay in enforcing this contract, we can still enforce it later. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
8. This Agreement constitutes the entire and only agreement between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledge that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of this Agreement, save those expressly set out in this Agreement, and that they shall have no rights or remedies with respect to such subject matter otherwise than under this Agreement save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. 
9. To the fullest extent permitted by applicable laws, this Agreement shall be governed by and construed in accordance with the laws of Ireland and any controversy or dispute arising out of or relating to this EULA and the transactions contemplated hereby, or breach thereof shall be subject to the non-exclusive jurisdiction of the courts of Ireland. This Agreement is in English and all communications with you will be in English.