This End-User License Agreement (the “Agreement”) is a legal agreement between __________________(the “Licensee”), an individual, and NUTICK PTE. LTD (the “Company”), nutick.com (the “Platform”), which may include associated media, printed materials, and “online” or electronic documentation, website, and mobile application.
By installing, registering, or otherwise using the Website, Licensee agrees to be bound by the terms and conditions set forth in this End User License Agreement. If Licensee does not agree to the terms and conditions set forth in this Agreement, then Licensee may not download, install, or use Software.
- “Company” shall refer to the licensor, NUTICK PTE. LTD, located at 160 Robinson Road #14-04 Singapore Business Federation Centre, Singapore -068914.
- “End User/Licensee” shall mean __________________, the individual or entity that downloads and uses the Software.
- “Platform” shall mean nutick.com website and mobile application, the deliverables provided pursuant to this End User License Agreement.
- “Service” shall mean the scope of Services provided by the Platform, as described in Clause 2(b)
GRANT OF LICENSE
- Platform License: Subject to the terms of this Agreement, User hereby grants to Licensee a royalty-free, non-exclusive, non-transferable, non-assignable, non-commercial, non-sub licensable and non-transferable, for personal purposes. The Licensee can make use of the platform only to access and participate in the Loyalty Reward program.
- Installation and Use: Licensee may install and use and use the mobile application and web platform of nutick.com to participate in the loyalty reward program of the User and accumulate points under the same. He shall further use the points accumulated to redeem them for discount vouchers and coupons. The said registration shall be solely for personal use and the same cannot be used for any commercial purposes.
- Reproduction: Licensee shall under no circumstances try replicating the Platform in any manner or access the same through unauthorized means.
DESCRIPTION OF RIGHTS AND LIMITATIONS
- Limitations: Licensee may not reverse engineer, decompile, disassemble, or access the platform through unauthorized or illegal means.
- Update and Maintenance: The Company shall provide updates of the Platform from time to time, which shall be periodically updated by the Licensee. The Licensee’s act of complying with the updates shall be construed as implied consent to the updates.
- Permitted Use: The Licensee shall use the Platform in accordance with the Terms of Service of the Platform and only for the purpose of the Loyalty Rewards Program.
- Personal Use: The Licensee shall use it only for personal purposes and shall under no circumstances transfer the rights granted to him through the said Agreement.
- Copying & Modifications: The Licensee shall have no right to modify the Terms of the Platform, the said agreement or any component of the Platform. The Licensee’s act of using the platform is construed as implied consent to the terms laid down by the Company.
All rights, title, interest, and intellectual property rights including but not limited to the Copyright and trademark in the Platform, including but not limited to all images, photographs, video, audio, music, text, data, computer code, algorithms, and information, are owned by the Company owning the Platform. The Software is protected by all applicable copyright laws and international treaties. Therefore, Licensee is required to treat Software like any other copyrighted material, except as otherwise provided for in this EULA.
The Company shall provide continued support through e-mail through the working hours, which shall be duly intimated to the Licensee. The company shall be responsible for providing timely maintenance and updates for the uninterrupted functioning of the Platform. Company shall reserve the right to cease the provision of maintenance and support services anytime without notice at its sole discretion under the following circumstances:
- If it is determined that continued support for the Services is no longer economically practicable.
- In the event that the Services has become inoperable or incompatible with current operating systems, hardware, or other technologies.
- There is abuse of support privileges including, but not limited to, frivolous contact, rude behavior and/or customer incompetence, harassment, failure to follow instructions which may result in the immediate cessation of support service.
TERMS OF AGREEMENT
The said Agreement is valid till it is terminated on the grounds set forth below:
- The Agreement shall stand terminated if the License fails to comply with the terms of the said Agreement; or
- The Company terminates the Agreement due to reasons not limited to shutting down of the platform or withdrawal or winding up of the platform.
- The Licensee decides stops availing the use of the Platform and cancels his registration on the same.
Either party to the agreement may term terminate this End Users License Agreement immediately upon written notice, including e-mail, to Licensee, with or without cause.
Both parties agree that this End Users License Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this End Users License Agreement.
This Agreement is not assignable or transferable by Licensee without the prior written consent of Company; any attempt to do so shall be void. Any notice, report, approval, or consent required or permitted hereunder shall be in writing and will be deemed to have been duly given if delivered personally or mailed by registered post, postage prepaid to the respective addresses of the parties as set forth (or such other address as a party may designate by ten (10) days’ notice
No failure to exercise and no delay in exercising, on the part of either party, any privilege, any power, or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
- Company, and or its suppliers, hereby expressly disclaim any warranty for the Platform. Software and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Licensee accepts any and all risk arising out of use or performance of the Platform.
- There can be typographical or representational errors on the platform, the Company makes changes and updates from time to time, but under o circumstances can the Company or its affiliates be held liable for any losses caused due to such errors.
- The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained in the services for any purpose.
- In no event shall the Company or any its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the services, with the delay or inability to use the services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the services, or otherwise arising out of the use of the services, whether based on contract, tort, negligence, strict liability or otherwise.
Company shall not be liable to Licensee, or any other person or entity claiming through Licensee any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if Company has been advised of the possibility of such damages. These limitations shall apply regardless of the essential purpose of any limited remedy. Under no circumstances shall Company’s aggregate liability to Licensee, or any other person or entity claiming through Licensee, exceed the financial amount actually paid by Licensee to Company for the Software.
This Agreement constitutes the entire agreement between Company and Licensee. The company reserves the right, in its sole discretion, to change the Terms under which the Services are offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms.
DISPUTE RESOLUTION AND JURISDICTION
- It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of ATHIS Agreement and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the said Agreement.
- Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
- Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Singapore
- The Parties expressly agree that the said Agreement and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of Singapore.
This Agreement shall be deemed to have been made in and shall be construed pursuant to the laws of Singapore, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this Agreement shall be brought exclusively in courts located in Singapore, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this Agreement shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of Singapore, and its jurisdiction shall supersede any other jurisdiction of either party’s election.
If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at email@example.com