Information to App users
Please read these Terms and Conditions – they govern your use of this app you are about to download or use: Your Agreement: By downloading or using the Cardivation app (the “App”), you agree to these terms which will automatically apply to your relationship with us and your use of the App. Take time to review these terms before you use the App.
Your Use of the App: The App is offered to you [free] for personal use so you are not allowed to send the App to another person or copy or modify the App (or any part of the App), or our intellectual property contained in the App. You must not extract the source code of the App or make derivative versions. The App together with all other intellectual property such as trademarks, copyright and database rights related to it belong to Card Networks Solutions Europe AB (“CNS”). CNS reserves the right to make changes to the App for any reason (including but not limited to) trying to ensure that the App is as useful as possible.
Functionality: CNS will not take responsibility for certain functions which require you to connect your device to the internet either via a Wi-Fi or mobile data connection provided by your mobile network provider. CNS cannot take responsibility for the App not working at full functionality if you do not have access to Wi-Fi or mobile data. If Wi-Fi is not available, your agreement with your mobile network provider will still apply so you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App and/or for third party charges. If you use the App in such circumstances then you take responsibility for any such charges. By using the App, you are confirming that you have received permission from the bill payer to use the App, where you are not the bill payer.
Permission: 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.
Current Version and Updates: We may seek to update the App to improve its performance, enhance functionality, reflect changes to the operating system or address security issues. CNS does not promise that it will always update the App so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. If you do not choose to install such updates or if you opt of automatic updates you may not be able to continue using the App.
Termination: We may wish to stop providing the App and may terminate your use of it at any time without giving notice of such termination to you for any reason. Unless we tell you otherwise, upon any termination (a) the rights and licences granted to you in these terms will end and (b) you must stop using the App and (if required) delete it from your device. Of course, you may delete the App from your device if you no longer wish to use it.
IMPORTANT – LIMITATION OF OUR LIABILITY TO YOU: We shall have no liability or responsibility to you in any manner whatsoever if we stop providing the App. Nothing in these terms will exclude or limit our liability for losses that may not be lawfully excluded or limited by applicable law, including liability for death or personal injury by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. Our liability will be limited to the maximum extent permitted by law. You expressly understand and agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary loss or damages that may be incurred by you howsoever caused including but not limited to: (a) indirect or consequential loss or damage; (b) direct or indirect loss of profits; (c) loss of productivity; (d) loss of revenue; (d) loss of business opportunity, reputation or goodwill, in each case whether caused by the negligence, breach of contract, tort or breach of statutory duty of CNS, our employees or agents or otherwise, arising out of or in connection with these terms.
Things Outside of Our Control: We are not responsible for events outside of our control. If our provision of the App is delayed by an event outside our control then we will take steps to minimise the effect of the delay.
Laws: These terms shall be governed and construed in accordance with English and Welsh Law and you agree to submit to the exclusive jurisdiction of the English Courts. These terms (as amended from time to time) constitute the entire agreement between you and CNS in relation to your use of the App.
Other Terms: Other terms and conditions may apply to your use of the specific features of the App. You will be notified if any such terms and conditions apply. For example, the ways in which you can use the App may also be controlled by Google Play or Apple Inc.’s App Store.