Terms & Conditions (Mobile App)
Last Updated: December 19, 2017
PLEASE READ THESE TERMS CAREFULLY. BY DOWNLOADING, INSTALLING, AND USING THE APP, YOU ARE ACCEPTING THESE TERMS, AS MAY BE REVISED BY COINAMATIC FROM TIME TO TIME. BY CLICKING “I ACCEPT,” YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE STOP USING AND UNINSTALL THE APP IMMEDIATELY.
Coinamatic provides you use of the App under the terms and conditions of this Agreement to allow mobile payments for laundry room machines and related services (collectively, “Services”) at participating locations owned, controlled, and/or operated by Coinamati
This App is not intended or targeted for use by anyone under the age of 13. You must be at least 13 years of age to access and use the App. If you are under the age of majority where you live, you may only use the App under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a User under the age legal majority, you agree to be fully responsible for the acts or omissions of such User in connection with the App
3. User Account and Account Security
You will need to create and register for an account to use certain functionality and features of the App and the Services. If you register for an account, you will be asked to provide your name, password, address, e-mail address, phone number, and/or financial information (including payment card information) (“Account Information”). You agree to provide accurate, truthful, current and complete Account Information and promptly update this information if it changes. You are responsible for all activities that occur in connection with your account. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission.
4. User License
Subject to these Terms, Coinamatic grants User a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, display, and use the App, including text, graphics, images, photographs, videos, data, displays, illustrations, and other content associated with the App (“Coinamatic Content”), for personal non-commercial use in connection with the Services. This license does not include any right to, and you will not: (a) sell, resell or commercially use the App or Coinamatic Content; (b) copy, reproduce, distribute, publicly perform or publicly display the App or Coinamatic Content; (c) modify the App or Coinamatic Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the App or Coinamatic Content; (d) use any data mining, robots or similar data gathering or extraction methods on the App; and (e) use the App or Coinamatic Content other than for their intended purposes.
The App is protected by the copyright laws of the United States, Canada, international treaties and conventions, and other laws, and Coinamatic retains all right, title, and interest in and to the App, including all intellectual property rights associated with the App. Except as expressly granted above, you have no intellectual property rights in the App (including any rights to use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features), and Coinamatic reserves all rights not expressly granted to you.
5. Account Balances
You need to have a positive account balance in order to use the App with the Services. Coinamatic uses a third-party processor that will enable you to fund your Coinamatic account via the App. Your payment card (e.g., credit card or debit card) will be billed in accordance with the terms and conditions provided by such third-party processor and any Account Information you provide in connection with the payment card processing will be transferred or disclosed to such third-party processor for the purposes of processing your payment. Your dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any third-party services, are solely between you and the applicable third party. Upon completing your transaction, your account will be funded in the amount you designated. The value of funds can be used only for the Services.
You can use your mobile device to pay for the Services using the App. In doing so, Coinamatic will deduct the amount of the payment from your account balance. You are responsible for all charges, fees, duties, taxes, and assessments arising out of your use of the Services. Coinamatic reserves the right to change the fees for the Services at any time.
7. Email Communications, Push Notifications
9. Updates & Upgrades
10. Prohibited Conduct
You agree to use the App in accordance with these Terms and applicable laws and regulations. You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using the App. In connection with your use of the App and the Services, you will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Impersonate another person or log into an account which you are not authorized to access;
- Use or attempt to use another User’s account without authorization from that User and Coinamatic;
- Use the App in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying use of the App and the Services or that could damage, disable, or impair the functioning of the App and the Services in any manner, including with respect to Coinamatic’s network or network security;
- Interfere or attempt to interfere with service or any user, host or network, including by way of introducing a virus, overloading, “flooding” or crashing, or sending unsolicited e-mail, promotions or advertisements;
- Reverse engineer, decompile, or disassemble any aspect of the App or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the App; or
- Develop or use any third-party applications that interact with the App or Services without our prior written consent, including any scripts designed to scrape or extract data from the App.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Coinamatic, the App or Services (collectively, “Feedback”), is non-confidential and will become the sole property of Coinamatic. We will own exclusive rights, including all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you will indemnify and hold harmless Coinamatic, our affiliates, and each of our respective officers, directors, agents, and employees from and against any loss, liability, claim, demand, damages, expenses or costs (including reasonable attorneys’ fees) (“Claims”) arising out of or related to (a) your access to or use of the App; (b) your violation of these Terms; or (c) your conduct in connection with the Services. You agree to promptly notify us of any such Claims, cooperate with Coinamatic in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that Coinamatic will have sole control of the defense or settlement of any Claims.
EXCEPT WHERE PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, The SERVICES and APP Content are provided “as is” and “as available” without warranties OR CONDITIONS of any kind, and Coinamatic hereby EXPRESSLY disclaims all warranties AND CONDITIONS, whether statutory, express, implied, or through course of dealing or trade, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Coinamatic does not represent or warrant that the SERVICES and APP Content are accurate, complete, reliable, current or error-free. While Coinamatic attempts to make your access to and use of the SERVICES safe, we cannot and do not represent or warrant that the SERVICES or associated servers are free of viruses or other harmful components.
14. Limitation of Liability
under no circumstances will Coinamatic be liable to you for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits arising from or related to any use of the SERVICES, including any damages or liability resulting from any delay or inability to use the services, under any theory of liability, whether based in contract, tort, negligence, strict liability, warranty, or otherwise, even if Coinamatic HAS been advised of the possibility of such damages. IN NO EVENT will wash’s total liability TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM or related to THEse TERMS OR YOUR USE OF THE SERVICES EXCEED, IN THE AGGREGATE, fifty CANADIAN dollars (CAD $50.00). BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN those JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15. Governing Law and Venue
These Terms and your access to and use of the Services will be governed by and construed and enforced in accordance with the laws of your Canadian jurisdiction of residence, without regard to conflict of law rules or principles that would cause the laws of any other jurisdiction to apply. The parties expressly agree that any dispute between the parties will be resolved in a court of competent jurisdiction in the closest major city to your place of residence within your province/territory of residence.
16. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms within the App and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through the App. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of the App after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the App.
17. Electronic Communications
By creating a Coinamatic account, you also consent to receive electronic communications from Coinamatic (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
If you are in breach of any of these Terms, we reserve the right, in our sole discretion, to terminate your right to access or use of the App or Services. We are not responsible for any loss, damage or harm related to your inability to access or use the App based on such termination.
19. General Provisions
These Terms constitute the entire agreement between you and Coinamatic relating to your access to and use of the App. The failure of Coinamatic to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding the App, Coinamatic Content and/or these Terms, you can contact us at firstname.lastname@example.org.