Preliminary Provisions:
These Terms and Conditions (hereinafter referred to as the "Agreement") govern the relationship between you (hereinafter referred to as "You" or "Your") and HRZTECH Limited (hereinafter referred to as "the Company"), a company registered in England and Wales, regarding Your use of the GVRD Pro app (the "Service"), available for download on electronic devices through the Apple App Store, a digital distribution platform operated by Apple Inc.
1. Interpretations and Definitions
1.1 Definitions: For the purposes of this Agreement:
"Application" shall mean the GVRD Pro app provided by the Company, which You have agreed to utilise on Your electronic device. "Affiliate" shall refer to any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with the Company, where "control" encompasses the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract, or otherwise. "Device" shall denote any device that can access the Service, including but not limited to computers, smartphones, and tablets. "Service" refers specifically to the Application. "Third-party Social Media Service" encompasses any services or content (including data, information, products, or services) provided by a third party that may be displayed, incorporated, or made available by the Service.
1.2 Interpretation: Any reference in this Agreement to "writing" or cognate expressions includes a reference to email, communication via the Service, and comparable means of communication.
2. Acceptance of the Terms
By downloading, accessing, or using the Service, You confirm that You have read, understood, and agreed to be bound by the terms of this Agreement. If You do not agree with the terms herein, You are not authorised to use the Service.
3. Conditions of Use
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
4. Limitation of Liability
Under no circumstances shall the Company, nor its directors, employees, agents, partners, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unauthorised access, use, or alteration of Your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not the Company has been informed of the possibility of such damage.
5. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law. You agree to submit to the jurisdiction of the courts located in England for the resolution of any disputes arising from or related to this Agreement or the Service.
6. Amendments to This Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
7. Contact Information
Should you have any questions regarding this Agreement, please contact the Company at [email protected].
8. Apple Inc.'s Lack of Responsibility
8.1 The User acknowledges that Apple Inc. ("Apple") is not responsible for the GVRD Pro app or its content, and Apple is under no obligation to provide any maintenance or support services regarding the GVRD Pro app.
8.2 Warranty Claims: In the event of the GVRD Pro app's failure to conform to any applicable warranty, the User may notify Apple, and Apple shall refund the purchase price of the GVRD Pro app, if any, to the User. Subject to the prevailing law, Apple shall bear no further warranty obligations with respect to the GVRD Pro app.
8.3 Liability for Claims: Apple shall not be held accountable for addressing any claims by the User or any third party relating to the GVRD Pro app or the User