Terms of Service
Definitions and Interpretation 1. In these Conditions, the following words have the following meanings:
1.1. Application / Software / System: “the Pegasus PoS System”, the Application / Software, the POS System website platform, and all other software made available to the Customer, including all error corrections, patches, new releases and new versions together with all System Content;
Add-ons: Any additional services, modules and options offered along with and / or in addition to the Pegasus PoS System
Confidential Information: has the meaning given to it in Condition 9;
Customer, you: the party wishing to use the System;
Customer Content: all data, information and other material uploaded to the System and generated on or through the System by the Customer, including all documents, images, data and databases together with all Personal Data;
Device: the electronic devices that support the App
Fee: the fee due to Millennium Softwares (Pvt.) Ltd. to access and use the System on the basis of the attached contract;
IP Rights: Any patent, trade mark, registered design or any application for registration of the same, or the right to apply for registration of the same, any copyright or related rights, database right, design rights, rights in trade, business or domain names, rights in trade dress, rights in inventions, rights in confidential information or know-how or any similar of equivalent rights in any part of the world;
Millennium Softwares (Pvt.) Ltd., “we”, “us”, “our”: Plot No. 42 - S, Block - 6, P.E.C.H.S., Razi Road, Karachi:
System Administrator: has the meaning given to it in Condition 2.2;
System Content: all content and information contained and/or accessible and/or created within the System;
Third Party Platform: any third party platform that can be accessed through the System;
Third Party Platform Provider: the owner or provider of the Third Party Platform;
User: employees expressly authorised to use the System by downloading the App to a Device; and
Working Day: a day other than a Saturday, Sunday or public holiday in Pakistan.
1.2. Words in the singular include the plural and in the plural include the singular.
1.3. The headings shall not affect the interpretation of these Conditions.
1.4. References to Conditions are references to the numbered provisions of these Conditions.
1.5. Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party's other rights and remedies.
1.6. Any phrase introduced by the words including shall be construed as illustrative and shall not limit the generality of the related general words.
2.1. If you wish to register to subscribe to the System, you must be entitled to represent your company or other organisation and bind them to these Conditions. You must provide us with accurate and current information and, if there is any change to the information that you provide to us, you must immediately update your account. The responsibility to update such information shall lie with you and we shall not be responsible for any consequences thereof. At our request, you shall promptly provide written evidence of the validity of information that you provide to us.
2.2. You shall designate one contact as the responsible party for communication (the "System Administrator"). The System Administrator may only authorise Users after payment of the Fee for each active register and such Users may download and access the App through the Pegasus PoS System website platform.
2.4. You shall be responsible for ensuring the security and confidentiality of all log-on identifiers, including passwords, assigned to, or created by, you or any User in order to access or use the System and you acknowledge and agree that you are solely responsible for all activities that occur under such log-in identifiers. You shall promptly notify us upon becoming aware of any unauthorised access to or use the System, and provide all reasonable assistance to bring an end to such unauthorised access or use. You shall also take all steps to ensure that no unauthorised access to or use of the System occurs, and that no persons other than registered Users have access to or use of the System. You shall also ensure that use of the Pegasus PoS System is restricted to the outlet, branch, or other geographically limited location for which the licence for use of the Pegasus PoS System is purchased, while always remaining subject to the conditions contained herein.
3. Third Party Platforms
3.1. If you wish to access any Third Party Platform, you must have a fully paid up, current license from the relevant Third Party Platform Provider. You warrant and represent that you shall comply with the license terms set by Third Party Platform Provider. You shall immediately notify us if your license to access such Third Party Platform ceases for any reason whatsoever and you agree that in such circumstances, you shall cease to access the Third Party Platform and at our option we shall be entitled to terminate your subscription to the System.
3.2. You warrant that you shall indemnify the Pegasus PoS System and Millennium Softwares (Pvt.) Ltd. against any and all liability directly and / or indirectly related to any Third Party Platform. You also acknowledge that the foregoing warranty shall be construed generally and such generality shall not be prejudiced by the specificity of any warranty contained in these Conditions.
3.3. If at any time a Third Party Platform Provider ceases to permit the Pegasus PoS System to integrate with all or part of the Third Party Platform, you agree that we shall be entitled to amend your access to the System and the Third Party Platform accordingly. In such circumstances, we shall have no liability or responsibility to you in any manner whatsoever, including any obligation to refund any part of the Fee.
3.4. You acknowledge and agree that if any Third Party Platform Provider requires us in writing to restrict and / or terminate your access to any part and / or the whole of the Third Party Platform, we shall do restrict and / or terminate your access accordingly without any prior notice. You also acknowledge that we shall not be responsible for any losses whatsoever that may arise as a result of such termination and / or restriction to your access to any Third Party Platform.
3.5. You agree that we shall be entitled to permit any Third Party Platform Provider to access your Customer Content and the System Content.
3.6. We shall not be liable for the acts or omissions of any Third Party Platform Provider including use of the Customer Content by any Third Party Platform Provider. Any credit card processing through a Third Party Platform is at the Customer’s own risk.
4.1. Subject to these Conditions and receipt of the Fee, the Pegasus PoS System grants to you the non-exclusive, non-transferable right and license to download, access and use the System for your lawful, business purposes. You may only download and use the Application on a singular Device and in a singular geographical location, which geographical location may be limited / restricted by reference to an outlet, branch or by other reasonable means. Any downloads in addition to the first download of the App shall be subject to such additional charges as may be negotiated and agreed upon with us. We reserve the right to waive such additional charges at our discretion.
4.2. Only your Users duly authorised by us shall be entitled to exercise the rights granted to you under Condition 4.1 and you have no right to sub-license your rights under Condition 4.1.
4.3. You shall comply with all instructions of the Pegasus PoS System relating to the System. The Pegasus PoS System may, at its sole discretion, provide upgrades and new releases of the System from time to time and shall endeavour to notify you forty-eight (48) hours in advance of any changes to the System. However, the Pegasus PoS System reserves the right to waive provision of such notice.
4.4. If at any time your access to and/or use of the System is excessive and as a result impacts on other clients’ ability to use the System, we shall notify you accordingly and you shall promptly take appropriate steps to remedy such use, including but not limited to steps to curtail excessive usage as deemed appropriate. You acknowledge that we reserve the right to restrict your access to the System until appropriate remedial steps are taken to our satisfaction.
4.5. You shall not, and nor shall you permit or assist any third party not privy these Terms & Conditions, to:
(a) Attempt to view, access or copy any content or data, whether System Content or directly or indirectly related to the System;
(b) Translate, adapt, disassemble, reverse engineer, decompile or copy the whole or any part of the System, nor arrange or create derivative works based on the System;
(c) Make any modifications, adaptions, additions or enhancements to the System for any purpose whatsoever;
(d) Combine, match or merge the whole or any part of the System with or incorporate the System into any third party code;
(e) Distribute, sell, sub-license, lease, resell or purport to assign access to the System;
(f) Attempt to undermine the security of the System;
(g) Access the System to build a competitive product or service or to build a product using similar ideas, features, functions or graphics;
(h) Make available online all or part of the System through the Internet, or any intranet;
(i) Remove or alter any copyright or other proprietary notice on any part of the System; and/or
(j) Take any action in an attempt to obtain any other User’s data, cause malfunction, crash, tamper with or otherwise impair the System.
4.6. You agree that we shall be entitled to record your access and use of the System for our purposes, including but not limited to reproduction, dissemination, diagnosing and fixing problems, training and support. We may transfer such records to third parties for various purposes, including but not limited to analysis and processing. We shall endeavour to ensure that personal data is omitted in such records and use reasonable endeavours to ensure that such third parties keep all such records confidential. This representation is subject always to Conditions 6 and 11.
5. System Availability
5.1. The Pegasus PoS System shall use reasonable endeavours to make the System available at all times, but the Customer acknowledges that there may be occasions when access to the System may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. The Pegasus PoS System shall use reasonable endeavours to comply with the Service Level Agreement for the System.
5.2. Subject always to these Conditions, we agree to use our reasonable endeavours to keep secure the System and your Customer Content and we shall promptly notify you if there is any loss of your Customer Content at any time.
5.3. The Pegasus PoS System reserves the right to remove any content or features from the System for any reason, without prior notice, and shall have no liability or responsibility to the Customer in any manner whatsoever in such circumstances. The Pegasus PoS System shall not refund any Fees paid in advance, except such fees which may be paid in advance for Add-ons which have been removed or otherwise not made available for the entirety of such period for which such advance payment is made.
6. Customer Content
6.1. You warrant and represent that the Customer Content will not: (a) breach the provisions of any law, statute or regulation; (b) infringe the IP Rights or other legal rights of any person; (c) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(d) be deliberately or knowingly false, inaccurate or misleading; and / or(e) give rise to any cause of action against the Pegasus PoS System;
You further warrant that you shall indemnify the Pegasus PoS System against all liabilities, obligations, and adverse actions arising out of the use of the System and / or creation, submission, maintenance and storage of the Customer Content by and / or on your behalf.
6.2. You further warrant and represent that you shall ensure no viruses, malware or other malicious code are uploaded to the System and that all Customer Content is free of such contents, including viruses, malware or other malicious code.
6.3. The Pegasus PoS System is not responsible for and accepts no liability for Customer Content. The Pegasus PoS System does not actively monitor any Customer Content, but you agree that at any time the Pegasus PoS System shall be entitled to delete any Customer Content that the Pegasus PoS System reasonably believes is in breach of these Conditions, including but not limited to Conditions 6.1 and 6.2. The Pegasus PoS System also reserves the right to cancel your subscription and block access to and usage of the System by you without notice if breach of the Conditions 6.1 and 6.2 are detected.
6.4. You grant to us a non-exclusive, worldwide, royalty-free general purpose license and right to make use of, in a manner of our choosing, whether for commercial purposes or not, and to reproduce all intellectual property rights in the Customer Content, which uses shall include but shall not be construed to be limited to making the Third Party Platforms available to you.
6.5. You undertake to ensure that you shall maintain up-to-date copies and back ups of the Customer Content and that the Pegasus PoS System shall not be responsible for any loss or damage to Customer Content. The Pegasus PoS System shall make reasonable efforts to recover the lost or damaged Customer Content from the latest back up of such Customer Content, if any such back up is maintained and available with the Pegasus PoS System. You acknowledge and agree that, if undertaken, this process will overwrite the Customer Content stored on the System prior to the restoration.
6.6. You undertake that you shall be responsible for ensuring the accuracy, efficacy and completion of Customer Content and related System Content available on the Pegasus PoS System. You also undertake to immediately inform the Pegasus PoS System of any errors in the System Content unrelated to the Customer Content, which shall be amended by us within a period of forty-eight (48) hours. You also acknowledge that we shall have no liability for any errors in the System Content based on the Customer Content.
6.7. If your Customer Content includes Personal Data, you shall notify us of the subject matter of the Personal Data and the categories of data subjects. We shall process the Customer Content for the duration of your subscription / access to the System and only for the purposes of your access to the System. You warrant that in providing Personal Data to us:
(a) you have complied with the prevalent laws pertaining to personal data and the manner in which it has to be dealt with;
(b) you shall only provide such personal data as is necessary for your normal business purposes and shall not utilise the System as a repository for data that is unrelated to your normal business purposes; and
(b) by providing the System to you, we may process, use, store, or deal with such personal data in accordance with this agreement.
6.8. You hereby acknowledge that we shall be entitled to transfer personal data to any third party without your prior specific or general written authorisation.
7.1. Any free trial that we may offer from time to time begins on the date that the Pegasus PoS System and / or its related Systems are downloaded on any Device. Prior to the completion of any free trial, if you wish to continue to use the System, you shall provide us with your payment details and we shall charge you the Fee promptly upon expiry of the free trial. You hereby also undertake that any fees, charges, etc. charged by us shall be authorised by you in advance with your Bank and shall ensure that no delay in the processing of such transactions is caused. The Fees are calculated in accordance with attached Schedule A.
7.2. You hereby agree and acknowledge that the payment of Fees shall be in advance of the period for which such payment is being made.
If at any time you fail to pay an installment of the Fee by the due date:
(a) we reserve the right to cease to make the System available to you and/or delete all Customer Content,
(b) you agree and acknowledge that your access to the System shall be promptly terminated,
(c) you agree and acknowledge that restoration of access shall be subject to such restoration charges as may be notified from time to time by us, and
(c) you agree and acknowledge that you relinquish the right to claim copies and / or request deletion of any data stored on the System.
7.3. You acknowledge and agree that we shall be entitled to increase the Fees at any time on written notice to you. Your continued access and use of the System shall constitute your acceptance of the increased Fees.
7.4. You acknowledge and agree that any increased Fees shall be applicable immediately upon conclusion of the period during which you are given written notice in terms of Condition 7.3.
8. Intellectual Property Rights
8.1. You agree that no intellectual property rights that subsist in the System and the System Content shall transfer to you under these Conditions. You also agree and acknowledge that the general license and right to use intellectual property in the Customer Content shall continue to subsist and vest in us after expiry, conclusion, cancellation, and / or termination of your subscription and / or use of the Pegasus PoS System.
8.2. You grant to the Pegasus PoS System the right and license to use your name and any associated logo in any and all promotional and marketing materials, including online materials.
8.3. You shall promptly notify the Pegasus PoS System of any claim, notification or allegation that you receive that your use of the System infringes the intellectual property rights of any third party (“Claim”).
(a) indemnify the Pegasus PoS System against any and all claims, notifications, allegations, adverse actions, etc. arising out of your use of the System;
(b) not make any admission of liability, agreement, settlement or compromise in relation to a Claim;
(b) give to the Pegasus PoS System and its professional advisers all reasonable assistance as may be required in relation to a Claim;
(c) subject to waiver of the indemnity and at the explicit request of the Pegasus PoS System, give the Pegasus PoS System the exclusive control and right to defend a Claim and make settlements in relation to a Claim; and
(d) mitigate your losses in relation to a Claim, including where requested to do so by stopping using the System.
You hereby agree and acknowledge, and undertake to ensure, that the foregoing terms shall be strictly construed to give effect to the indemnification of the Pegasus PoS System against such liability.
8.4. On receipt of a notice under Condition 8.3, the Pegasus PoS System shall at its sole expense either procure for the Customer the right to continue accessing and using the System or modify or replace the infringing part of the System without such right to avoid the infringement.
9. Confidential Information
9.1. Confidential Information shall mean such information as relates to the business, products, financial and management affairs, customers, employees or authorised agents, plans, proposals, strategies or trade secrets notified as such by the one party (the Disclosing Party) to the other party (the Receiving party) in advance of disclosure of such information.
9.2. You hereby agree and acknowledge that this clause is sufficient advance notice of disclosure in terms of Condition 9.1 in respect of such information as relates to the business, products, financial and management affairs, customers, employees or authorised agents, plans , proposals, strategies or trade secrets that may have been or may be disclosed to you by the Pegasus PoS System.
9.3. The Receiving Party shall not, and shall ensure that its employees do not, use, copy, disclose and / or in any manner whatsoever deal with any of the Confidential Information of the Disclosing Party except to carry out its obligations and exercise its rights under the Conditions.
9.4. The Receiving Party shall only disclose the Disclosing Party’s Confidential Information to those of its employees to the extent that they need to know the same in order to carry out its obligations under the Conditions and only to such employees who are bound by written obligations of confidentiality and non-use and such obligations apply to the Confidential Information disclosed to them.
9.5. The provisions of Conditions 9.1, 9.2 and 9.3 shall not apply to any Confidential Information which:
(a) is or becomes generally available to the public other than as a result of any act or omission of the Receiving Party;
(b) is already in or comes into the possession of the Receiving Party from a person lawfully in possession of the information and owing no obligation of confidentiality to the Disclosing Party in respect of the information; or
(c) is required to be disclosed by any court, government or administrative authority competent to require disclosure.
9.6. Conditions 9.1 to 9.5 shall not be construed as to affect the operation of the Conditions 6.4, 8.1 to 8.3, 11, and 12.
10. Warranties, Indemnity
10.1. Each of the parties represents, warrants and undertakes that: (a) it has the right, power and authority to enter into these Conditions and to perform fully all of its obligations under these Conditions; and (b) the performance of these Conditions shall not breach any other agreement entered into by it.
10.2. Subject to these Conditions, the Pegasus PoS System warrants that it shall:
(a) provide access to the System with reasonable skill and care; and
(b) use industry standard virus detection software in relation to the System.
10.3. You warrant and represent that you are not a consumer and that you are acquiring the right to access and use the System for the purposes of a business. Accordingly, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect consumers in any jurisdiction does not apply to the license of the System and/or these Conditions.
You warrant that you have not relied on any oral representation made by or on behalf of the Pegasus PoS System, or on any descriptions, illustrations or specifications contained in any materials, including online materials, produced by the Pegasus PoS System other than those contained herein or otherwise appended hereto. You confirm that in your opinion, the System is fit for your purposes.
You shall indemnify the Pegasus PoS System, its directors, employees, representatives and agents from and against all direct and indirect costs, claims, losses, expenses, damages and liabilities however arising as a result of or in connection with:
(a) any failure by you to obtain or renew a license in accordance with Condition 3; and/or
(b) use by the Pegasus PoS System of the Customer Content in accordance with the terms of these Conditions.
11. Disclaimer, Limit of Liability
11.1. You acknowledge that the system is provided for information only and should not be relied on as tax, accounting, legal or financial advice, recommendation, arrangement or opinion.
11.2. During your free trial, you agree to use the system to ensure that it is fit for your purposes and of satisfactory quality. If you do not so agree, you should not purchase a subscription to the system. Accordingly, the system is provided on an “as is” basis. To the maximum extent permitted by law and subject to condition 10, all implied warranties, terms and conditions relating to the system (whether implied by statute, common law or otherwise), including any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded.
11.3. The Pegasus PoS System will not be liable, in contract, tort (including negligence), under statute or otherwise, as a result of or in connection with the system for any:
(a) economic loss (including loss of revenues, profits, contracts, business or anticipated savings);
(b) loss of reputation or goodwill;
(c) loss of data or content; and/or
(d) special, indirect or consequential loss even if advised of the possibility of such losses.
11.4. The aggregate liability of the Pegasus PoS System to the customer under these conditions or otherwise in respect of the system shall be limited to fees received by the Pegasus PoS System from the customer for the system during the one (01) month before the date the claim arose.
12. Subscription Term and Termination
12.1. Subscription to the System is either on the basis of a rolling 30-day subscription or a 12-month subscription, fees whereof shall be payable in advance as per the Schedule. At the end of each subscription term, your subscription to the System shall automatically renew on the same duration, unless before the end of the then current subscription, you shall notify the Pegasus PoS System that you wish to terminate the subscription, provided that no refund of any Fee paid shall be due to the Customer following such termination. For the avoidance of doubt, you cannot terminate automatic renewal of a subscription by telephone.
12.2. Either party may terminate their subscription to the System, at any time, immediately by giving the other party written notice if the other:
(a) materially breaches any term of these Conditions and it is not possible to remedy that breach;
(b) materially breaches any term of these Conditions and it is possible to remedy that breach, but the other fails to do so within five (05) Working Days of being requested in writing to do so; or
(c) becomes insolvent, makes composition with its creditors, has a receiver or administrator of its undertaking or the whole or a substantial part of its assets appointed, or an is order made, or an effective resolution is passed, for its administration, receivership, liquidation, winding-up or other similar process, or has any distress, execution or other process levied or enforced against the whole or a substantial part of its assets, or is subject to any proceedings which are equivalent or substantially similar to any of the foregoing under any applicable jurisdiction, or ceases to trade or threatens to do so.
12.3. On termination of subscription to the System for any reason:
(a) you shall cease to access the System and delete the App from all devices in your control; and
(b) Customer Content shall be retained by the Pegasus PoS System.
It is clarified the Customer may request for download of Customer Content, however, no requests shall be entertained after termination of subscription or blockage of access, whichever is earlier, for any reason whatsoever.
12.4. The following Conditions shall remain in force notwithstanding termination: Conditions 6.1, 6.2 (Customer Content), 8.1, 8.2 (IP Rights), 9 (Confidential Information), 10.1, 10.3, 10.4, 10.5 (Warranties), 11 (Disclaimer, Limit of Liability), 12.3, 12.4 (Termination), 14 (Dispute Resolution), 15 (General) and 16 (Governing Law & Jurisdiction).
13. Force Majeure
13.1. For the purposes of this Condition 13, an event of Force Majeure means any event beyond the reasonable control of either party, including change in laws or regulations, war, invasion, armed conflict, terrorism, strike, lock-out, labour dispute, failure of suppliers or subcontractors, riot, civil commotion, accident, act of God, fire, flood and storm.
13.2. If a party is prevented, hindered or delayed from or in performing any of its obligations under this Agreement by an event of Force Majeure, the affected party’s obligations under this Agreement are suspended without liability while the event of Force Majeure continues and to the extent that it is prevented, hindered or delayed.
13.3. If performance of any obligation under this Agreement is prevented, hindered, or delayed due to an event of Force Majeure either party shall be entitled to terminate these Conditions on written notice to the other party.
13.4. The provisions of Condition 13 shall not be relied on in relation to the inability to pay any Fees due under these Conditions.
14. Dispute Resolution
14.1. If a dispute arises between the parties under these Conditions, then both parties agree to commit themselves to mediation in the following terms:
(a) the aggrieved party, within five (05) Working Days of the dispute arising, shall escalate the dispute to a director.
(b) if the directors are unable to resolve the dispute within ten (10) Working Days, then the directors shall refer the dispute to the chief operating officer, or such person of equivalent seniority.
(c) If such persons are unable to resolve the dispute within a further 10 Working Days, then the parties shall be entitled to pursue legal action under Condition 16.
14.2. Nothing in Condition 14.1 shall prevent a party taking action under Condition 16 in respect of misuse of the System.
15.1. These Conditions contain the entire agreement of the parties with respect to the access to the System and supersede all prior agreements and representations, standard conditions or other implied conditions, whether written or oral, with respect to the subject matter of these Conditions.
15.2. The Customer shall not assign or delegate its rights or obligations under these Conditions, in whole or in part, to any third party by operation of law or otherwise, without the prior written consent of the Pegasus PoS System. Any attempted assignment or delegation that does not comply with this Condition 15.2 shall be of no effect.
15.3. Any failure to enforce any provision of these Conditions shall not constitute a waiver thereof or of any other provision. No estoppel shall operate or construed to operate against the Pegasus PoS System.
15.4. If any provision of these Conditions is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the parties.
15.5. Nothing in these Conditions shall create or imply an agency, partnership or joint venture between the parties. Neither party shall act or describe itself as the agent of the other party nor shall either party have or represent that it has any authority to make commitments on behalf of the other.
16. Governing Law & Jurisdiction
16.1. These Conditions are governed by and will be construed in accordance with the laws of Pakistan.
16.2. The parties hereby agree to exclude the jurisdiction of the Courts of Pakistan and agree that the parties shall exclusively submit themselves and disputes arising out of or in connection with these Conditions to arbitration without court intervention.
16.3. In case of any dispute, controversy or difference arising with respect to this Agreement between the parties that could not be resolved amicably by mutual negotiations, the same shall be referred to the arbitration under the Arbitration Act 1940. All cost and expense of such arbitration (including, but not limited to, any reasonable attorneys’ fees) shall be borne by the Party in default.
16.4. The parties hereby agree that mediation in terms Condition 14 shall be exhausted before initiation of any legal proceedings, which shall be limited to arbitration in the above terms.
17. Additional Terms for Users who download the App from the Apple iTunes App Store
17.1. We both acknowledge that these Conditions are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for the App and the content of the App.
17.2. The license granted to you for the App is limited to a non- transferable license to use the App on an iPad that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions.
17.3. We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in these Conditions. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
17.4. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Conditions. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
17.5. We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
17.6. We both acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
17.7. 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.
17.8. We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Conditions, and that, upon acceptance of these Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Conditions against you as a third-party beneficiary thereof.
18. Additional Terms for Users who download the App from the Google Play Store
18.1. We both acknowledge that these Conditions are concluded between you and us only, and not with Google, and therefore, we, not Google, are solely responsible for the App and the content of the App.
18.2. The license granted to you for the App is limited to a non- transferable license to use the App on an Android device that you own or control and as permitted by the Usage Rules set forth in the Google Play Store Terms and Conditions.
18.3. We, not Google, are solely responsible for providing any maintenance and support services with respect to the App, as specified in these Conditions. We both acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
18.4. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Conditions. In the event of any failure of the App to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Google will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
18.5. We both acknowledge that we, not Google, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
18.6. We both acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, we, not Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
18.7. We both acknowledge and agree that Google, and Google’s subsidiaries, are third-party beneficiaries of these Conditions, and that, upon acceptance of these Conditions, Google will have the right (and will be deemed to have accepted the right) to enforce these Conditions against you as a third-party beneficiary thereof.