End User Licence Agreement
Last Updated: 1 May 2018
This End User License Agreement (the “Agreement”) is a legal agreement between you and Platinum Apps Pty. Ltd. (“Platinum Apps”, “We”), and governs your use of the Charge for Stripe app (the “App”).
Please read this Agreement carefully before downloading or using the App. By downloading or using the App, you agree to be bound by the terms and conditions of this Agreement.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE APP.
- Charge for Stripe integrates the services provided by Stripe Payments Australia Pty. Ltd. (“Stripe”) into a App to facilitate your acceptance of your customer’s payments (the “Services”).
- Platinum Apps and Stripe are independent entities, and nothing in this Agreement does or attempts to represent any partnership, agency, or employment relationship between Platinum Apps and Stripe.
- In order for the App to provide you with the Services, you agree to create a standalone or utilise your existing, Connected Account with Stripe, consistent with Standard Onboarding as that term is used in the Connect App Agreement. You must agree to the Stripe Connected Account Agreement prior to using your Connected Account with Stripe and the App.
- In creating a Connected Account, it is your responsibility to provide sufficient data to allow Stripe to validate your account. The App will not prepopulate any data on your behalf. The App will only engage in Activity on your Connected Account to the extent that it is doing so as an agent on behalf of the Connected Account (as a merchant payee) for the limited purpose of processing or acceptance of payments using the Stripe Service.
- You also agree to provide other data such as your customer’s name, email address, time and sum of transaction (the “Data”).
- You also agree to input into the App your customer’s credit, debit, transaction or any other card payment details (the “Card Details”) by manual or other means, including but not limited to “near-field-communication” technology.
- You agree and acknowledge that Card Details are processed by Stripe as a Card Not Present (CNP) transaction. You agree and acknowledge that you may be wholly responsible for any fraudulent misuse of Card Details by your customers.
- The App is licensed, not sold, to you. You may use the App only as set forth in this Agreement.
- Conditioned upon your compliance with the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to install and use the executable form of the App solely for your personal use on a device (whether mobile device or other) owned or controlled by you.
THIRD PARTY SERVICES
- You acknowledge that third party terms and fees may apply to the use and operation of your mobile device in connection with your use of the App, such as your carrier’s terms of service and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees.
PHONE SETTINGS AND UNINSTALL PROCEDURES
- As part of the installation process of the App, you may be changing your mobile device settings. By installing the App, you agree you have approved such changes. Such changes may include, without limitation, allowing software updates of the App once a new version is released and showing notifications from the App. To uninstall the App, you may use the standard uninstall procedures offered by your device’s operating system and/or the procedures outlined in the App’s Frequently Asked Questions.
- You may not use the App in any manner that could: (i) damage, disable, overburden, or impair the App (or any server or networks connected to the App), or (ii) interfere with any third party’s use and/or enjoyment of the App (or any server or networks connected to the App).
- Except as expressly specified in this Agreement, you may not: (i) copy or modify the App; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the App to any third party; or (iii) use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement.
- You agree and permit us to take all reasonable steps to ensure that you do not use the Services in violation of the Stripe Services Agreement or for any activity that is expressly prohibited, including those activities listed at Prohibited Businesses List.
- You acknowledge and agree that portions of the App, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Platinum Apps and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the App provided in object code or any other Platinum Apps products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
- The software, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code and all other elements of the App (the “Charge for Stripe Materials”), are protected by copyright laws of various jurisdictions, all other relevant intellectual property and proprietary rights, and applicable laws. All Charge for Stripe Materials, including intellectual property rights therein and thereto, are the property of Platinum Apps or its subsidiaries or affiliated companies and/or third-party licensors. We reserve all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the Charge for Stripe Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this Agreement.
CHANGES TO THE AGREEMENT
- We reserve the right to modify and/or change any of the terms and conditions of this Agreement at any time and without prior notice.
- If we materially modify this Agreement, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the App or the Services for the first time after such material changes are made.
- By continuing to use the App after we have posted a modification of this Agreement, you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to discontinue the use of and uninstall the App.
- This Agreement will also govern any software upgrades and/or updates that we provide to upgrade and/or supplement the App, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.
TERM AND TERMINATION
- This Agreement will remain in effect until terminated.
- This Agreement, and your rights and licenses hereunder, will terminate immediately upon your breach of this Agreement.
- You may terminate the Agreement by uninstalling and discontinuing your use of the App.
- We may terminate support of the App and/or this Agreement, or limit or terminate your access to the App at any time for any reason.
- Sections entitled Reservation of Rights, Term and Termination, Warranty Disclaimer and Limitation of Liability, Indemnification, and Miscellaneous shall survive any termination of this Agreement.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
- THE APP IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLATINUM APPS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. PLATINUM APPS EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SERVICE, OR THE QUALITY OR CONSISTENCY OF THE SERVICE.
- Your use of the App in conjunction with the Stripe Service is solely at your own risk.
- TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL PLATINUM APPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE AND ANY INFORMATION AVAILABLE THEREON, EVEN IF PLATINUM APPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL PLATINUM APPS’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, WHETHER IN CONTRACT OR TORT, EXCEED FIVE DOLLARS ($5).
- To the maximum extent permitted by law, you agree to defend, indemnify and hold Platinum Apps and its affiliates, officers, directors, employees, agents, and licensors harmless from any and all claims, suits, losses, liability, costs or expenses (including, but not limited to reasonable legal fees) arising from or incurred as a result of your use of the App or your breach this Agreement.
NOTICE REGARDING GOOGLE PLAY
- You acknowledge that this Agreement is between you and Platinum Apps only, not with Google Play. Google Play is not responsible for the App and the content thereof. Google Play has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Google Play.
- Google Play is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Google Play is not responsible for the investigation, defence, settlement and discharge of any third party claim that your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App.
- Google Play, and Google Play’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Google Play will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement.
- You hereby represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Entire Agreement. This Agreement and all the policies referenced herein constitute the entire agreement between you and us concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Platinum Apps.
- Headings. The section titles in this Agreement are provided solely for convenience and have no legal or contractual significance.
- Language. If Platinum Apps provides a translation of the English language version of this Agreement, the translation is provided solely for convenience, and the English version shall prevail.
- No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
- Separability. If for any reason a court of competent jurisdiction finds any provision of his Agreement or portion thereof, to be unlawful, void or unenforceable, that provision of this Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
- Assignment. You may not assign this Agreement without our prior written consent, which we may refuse in our sole discretion. We may assign this Agreement at any time.
- No Third Parties. Except as provided herein, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns. There are no other third party beneficiaries of this Agreement.
- Reservation of Rights. We reserve the right to provide the App to your competitors and make no promise of exclusivity in any particular market segment. We hereby reserve all rights not expressly granted in this Agreement.
- Force Majeure. Neither of the parties shall be considered in default of performance under this Agreement to the extent that such performance is delayed or prevented by fire, flood, earthquake or similar natural disasters, riot, war, terrorism, civil strife, labour disputes or disturbances, material shortages or rationing, governmental regulations, communication or utility failures, or casualties to the extent such default is beyond the reasonable control of such party.
- Governing Law. This Agreement shall be governed by and interpreted under the laws of the State of Western Australia, regardless of your country of origin or where you access the Services, and without regard to its conflicts of laws provisions or the United Nations Convention for the International Sale of Goods.
If you have any questions about this Agreement, please contact us through:
- Platinum Apps Pty. Ltd.
PO Box 860
Mandurah WA 6210