TERMS AND CONDITIONSIntroducing CHOR: A UK-based startup helping tasks meet solutions. Overwhelming to-do-list or looking for extra income? CHOR is your go-to platform. Post a task, set a budget, and let keen individuals bid to get it done. Alternatively, seize the opportunity to earn by completing tasks for others. It’s simple, efficient, and designed to help modern lifestyles across the UK. With CHOR, you're in control - saving time or earning money has never been easier. Join CHOR and make every moment work for you.1 These Terms1.1 What these Terms Cover: These Terms contain the terms and conditions on which we supply the Platform to you, whether the Platform comprises of services and/or digital content. Please read these Terms carefully before you accept these Terms.
1.2 How to tell us about problems: If you have any questions or complaints about the Platform, please contact us to discuss (using our contact details below). You can telephone our customer service team or write to us by email using the contact details below.
Our contact details
CHOR Technologies LTD, a company registered in England and Wales. Our company registration number is 15127166.
Phone number: 07551470390
Geographical address: Mabbotts Farm, Liss, Hampshire GU33 6NR, United Kingdom
Email address: contact@chor.ltd
2 Introduction2.1 These terms and conditions (Terms) are entered into between CHOR Technologies LTD a company registered in England and Wales, with company registration number 15127166 (we, us or our) and you, together the Parties and each a Party. In these Terms, you or your means (as applicable) the person or entity registered with us, as either a Poster or a Doer or the individual accessing or using the Platform.
2.2 We provide a platform where handy-people who may lack qualifications (Doers) and individuals needing help with tasks (Posters) can connect and transact on day to day tasks, such as moving furniture (Platform).3 Acceptance and Platform Licence3.1 You accept these Terms by accepting these Terms on the Platform.
3.2 You must be at least 18 years old to use the Platform.
3.3 We may amend these Terms at any time, by providing written notice to you (including via the Platform). By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment and it adversely affects your rights, you may cancel your Membership with effect from the date of the change in these Terms by providing written notice to us. If you cancel your membership, (a) you will no longer be able to use the Platform on and from the date of cancellation, and (b) if you have paid Fees upfront you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.
3.4 If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
3.5 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
3.6 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or Personal Data without an individual's consent) or any other legal rights;
(b) using the Platform to defame, harass, threaten, menace or offend any person;
(c) using the Platform for unlawful purposes;
(d) interfering with any user of the Platform;
(e) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
(f) using the Platform to send unsolicited electronic messages;
(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
(h) facilitating or assisting a third party to do any of the above acts.
4 Accounts4.1 You must register on the Platform and create an account (Account) to access the Platform’s features.
4.2 You may only have 1 Account on the Platform which you can use as a Doer and as a Poster.
4.3 You must provide basic information when registering for an Account including your name, mobile number, date of birth and email address and you must choose a username and password. As a Doer, you must link your Stripe Connect merchant account to your Account before you may start accepting Bookings. The username you choose must not (1) be offensive or in other ways insulting or (2) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
4.4 You may also register for an Account using your Facebook, Google, Apple or another social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
4.5 Once you have registered an Account, your Account information will be used to create a profile which you may then curate, including to add a bio and profile photo.
4.6 You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer it to others.
4.7 You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
4.8 We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of services and threshold of reviews. You agree to be bound by and to comply with these conditions or requirements.
4.9 When you create an Account, you may also select a membership (Membership). You may be able to choose between different tiers of Membership with different services and different membership periods as set out on our Platform.
5 Platform Summary5.1 We provide the Platform (including hosting and maintaining the Platform) to connect users and to process payments between Posters and Doers (together, the Chor Services). We will provide the Chor Services in accordance with this Agreement and all applicable laws, and we warrant to you that the Chor Services will be provided using reasonable care and skill. You understand and agree that we only make available the Chor Services. We are not party to any agreement entered into between a Poster and a Doer and we have no control over the conduct of Doers, Posters or any other users of the Platform.
5.2 A Poster may also post an accurate and complete description of the services they require through the Platform (Poster Listing).
5.3 If a Doer desires to provide services to a Poster in accordance with a Poster Listing, the Doer will make an offer through the Platform detailing the services to be provided and the cost, including any VAT payable (Offer). A Poster may also make a counter offer.
5.4 By agreeing to an Offer, the Doer confirms that it is legally entitled to and capable of supplying the services described in the Offer.
5.5 Once the Poster and the Doer have agreed in respect of the Offer it becomes a Confirmed Booking.
5.6 Posters and Doers may enter into written agreements in relation to the services. To the extent there is inconsistency between any additional terms and conditions and these Terms, these Terms will prevail.
5.7 Posters acknowledge and agree that once a Confirmed Booking is made, the Service Fees are non-refundable.
6 Communication6.1 We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.
6.2 Posters and Doers can communicate privately using our private messaging service. Posters and Doers must not communicate outside of the Platform until a Confirmed Booking has been made. Posters and Doers must not use the contact details to organize the provision of the services off the Platform, or otherwise to attempt to circumvent the payment of Service Fees to us.
7 Fees and Memberships7.1 If you are a Doer, you may purchase a Membership by paying the Membership fees outlined on the Platform (Membership Fees) in advance on a monthly or quarterly basis or some other recurring interval disclosed to you prior to your payment of the Membership Fees (Billing Cycle).
7.2 Your Membership will automatically renew at the end of the Billing Cycle for the same period of time and you will be charged the Membership Fees in connection with each subsequent Billing Cycle unless and until you cancel your Membership.
7.3 Cancellations and Changes to your Membership: If you wish to suspend or change your Membership (for example, by upgrading to a different Membership tier), you must provide notice to us through your Account that you wish to suspend or vary your Membership at least 24 hours before the end of the current Billing Cycle. If you vary your Membership and the Membership Fees increase, we agree to provide you with access to the additional Membership features, and the increased Membership Fees will apply, at the start of your next Billing Cycle.
7.4 The Service Fees are only refundable and cancellable in accordance with your consumer law rights and these Terms.
7.5 We may need to change what is available as part of your Membership (for example, the inclusions, exclusions, updated features) from time to time. If we change what is available as part of your Membership, we will provide you with at least 30 days’ notice of the change. After the notice period has lapsed, we will apply the changes to your Membership. If the changes adversely affect your enjoyment of the Membership, you may cancel your Membership with effect from the date we apply the changes to your Membership by providing written notice to us. If you cancel your membership, (a) you will no longer be able to use the Platform on and from the date of cancelation, and (b) if you have paid Membership Fees upfront you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.
7.6 We may need to change the Membership Fees or the Service Fees from time to time. If we change the Fees, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the updated Membership Fees or the Service Fees. If the updated Membership Fee is not acceptable to you, you may cancel your Membership in accordance with the ‘Cancellation of Memberships’ clause.
8 Payments8.1 As a Poster, your credit/debit card will be charged the amount of the Service Fees and the Doer’s fees in the Confirmed Booking (Doer’s Fees) at the time a Confirmed Booking is made. Payment of the Service Fees and the Doer’s Fees will be processed after the Doer makes the Confirmed Booking as complete through the Platform and once the Poster has confirmed this by entering a SMS code through the Platform (Completion).
8.2 In consideration for providing the Platform, we will charge the services fees (including any third-party payment processing fees) to the Doer as set out on the Platform (Service Fee). The Service Fee will be deducted from the Doer’s Fees, and will be paid to us at the same time as the Poster pays the Doer’s Fees through the Platform.
8.3 The Doer’s Fees (minus the Service Fee) will be deposited in your merchant account as linked in your Account following Completion (and payment by the Poster). 8.4 We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.
8.5 The payment methods we offer the Doer’s Fees, the Service Fees or the Membership Fees are set out on the Platform. We may offer payment through a third-party provider Stripe Connect. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
8.6 You must not pay, or attempt to pay, the Doer’s Fees, the Service Fees or the Membership Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.
8.7 You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us in connection with the Platform.
8.8 We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
9 Refunds and cancellation policy9.1 The cancellation, variation, or refund of any services ordered on this Platform is strictly a matter between the relevant Poster and Doer. Should the Doer and Poster agree to a refund of the Doer’s Fees, both the Doer and Poster acknowledge and agree that to the Doer’s Fees are only refundable in accordance with the Doer's consumer law rights and these Terms.
9.2 For disputes between Posters and Doers, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.
9.3 Once a Confirmed Booking is made, the Service Fees are non-refundable.
9.4 This clause will survive the termination or expiry of these Terms.
10 Reviews10.1 Posters may review their experience with the Doer on the Platform, including the services (Review).
10.2 Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.
10.3 You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
10.4 You can write a Review about a Doer if you have had an experience with that Doer, which means that (1) you have engaged the Doer through the Platform; or (2) you can otherwise document your interaction with the Doer in relation to the Platform, including via correspondence (collectively referred to as a Poster Experience).
10.5 You may not write a review about a Doer you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Doer, or work for the Doer. Similarly, you may not write a Review about a direct competitor to the Doer that you own, are employed by or work for.
10.6 Your Poster Experience must have occurred in the 12 months prior to you writing a Review.
10.7 You may only write about your own Poster Experience. You are not permitted to write a Review about somebody else’s Poster Experience, such as that of a family member or friend.
10.8 This clause will survive the termination or expiry of these Terms.
11 Intellectual Property11.1 All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
11.2 We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.
11.3 You must not, without our prior written consent:
(a) copy, in whole or in part, any of Our Intellectual Property;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
11.4 Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(a) you do not assert that you are the owner of Our Intellectual Property;
(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(d) you comply with all other terms of these Terms.
11.5 This clause will survive the termination or expiry of these Terms.
12 Content you upload12.1 You may be permitted to post, upload, publish, submit or transmit relevant information and content including Reviews (User Content) on the Platform. We may run campaigns via the Platform and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).
12.2 If you make any User Content available on or through the Platform, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Platform and our social media platforms.
12.3 You agree that you are solely responsible for all User Content that you make available on or through the Platform, including on social media using a Tag. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
12.4 We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content. 12.5 This clause will survive the termination or expiry of these Terms.
13 Warranties13.1 You represent, warrant and agree that:
(a) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
(b) there are no legal restrictions preventing you from entering into these Terms; (c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
(d) where you are a Doer, you are responsible for complying with all laws, rules and regulations which apply to providing the services in your Doer Listings; and
(e) where you are a Doer, you have any required skills, knowledge or training, to provide the services.
14 Data Protection14.1 We understand that protecting your Personal Data is important. We set out how we handle your Personal Data in our Privacy Policy, available on our website and in the app.
14.2 We process Posters' Personal Data, and Doers process Posters' Personal Data (for example, the Poster's name and delivery address) as separate and independent controllers. This means that we and Doers are responsible for the Personal Data we each process.
14.3 Where you are a Doer, you agree to:
(a) comply with all obligations under the Data Protection Act 2018, and all other data protection laws applicable to the processing of Poster Personal Data;
(b) only process Posters' Personal Data that you receive through the Platform exclusively for the purpose(s) for which you received the Personal Data under and/or in connection with these Terms; and
(c) delete all Poster Personal Data you receive in connection with the Platform and/or these Terms immediately after the respective purpose(s) has/have been fulfilled, except to the extent you are legally required to retain the Personal Data.
14.4 Despite anything to the contrary, to the maximum extent permitted by law, if we and you (as a Doer) are found to be joint data controllers of Posters' Personal Data, you (as a Doer) are liable for, and agree to indemnify us and hold us harmless in respect of, any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with your breach of this clause 14 or any applicable data protection laws.
15 Limitations15.1 Neither Party may benefit from the limitations and exclusions set out in this clause 15 in respect of any liability arising from its deliberate default.
15.2 The restrictions on liability in this clause 15 apply to every liability arising under or in connection with this Agreement including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.
15.3 Nothing in this Agreement limits any Liability which cannot legally be limited, including Liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
(d) defective products under the Consumer Protection Act 1987.
15.4 This clause 15.4 applies to the extent that the Platform is considered digital content. If the Platform is defective and it damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
15.5 To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
(a) any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services; and
(b) any aspect of the Poster and Doer interaction including the services offered by the Doer, the description of the services requested or offered, any advice provided, the performance of services or by the Doer;
15.6 Subject to clause 15.1 (no limitation in respect of deliberate default), clause 15.4 (damage caused by defective digital content) and clause 15.3 (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:
(a) we only supply the Platform for domestic and private use. If you use the Platform for any commercial, business or re-sale purpose we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity; and
(b) a party’s liability for any liability under this Agreement will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss.
15.7 Subject to clauses 15.1 (no limitation in respect of deliberate default), clause 15.4 (damage caused by defective digital content) and 15.3 (liability which cannot legally be limited), but despite anything to the contrary, if either Party fails to comply with this Agreement, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with this Agreement.
15.8 We have given commitments as to the compliance of the Platform with this Agreement and applicable Laws in clause 15. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from this Agreement.
15.9 This clause will survive the termination or expiry of your Membership and these Terms.
16 Termination16.1 Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings. If you have a membership, your cancellation will take effect from the end of the current Billing Cycle.
16.2 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(b) the Defaulting Party is unable to pay its debts as they fall due.
16.3 Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach.
16.4 Upon expiry or termination of these Terms:
(a) we will remove your access to the Platform and your Account will be deleted;
(b) we will immediately cease providing the Chor Services;
(c) where you are a Poster, we will cancel any existing Confirmed Bookings and you will lose any Doer’s Fees and other amounts paid other than where termination is due to our Termination for Convenience;
(d) where you are a Doer, we will cancel any existing Confirmed Bookings and refund the relevant Posters for the Doer’s Fees; and
(e) where we terminate the Terms as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.
16.5 Where termination is due to our breach of these Terms, we agree to refund you for any prepaid unused Fees, Service Fees or Doer’s Fees on a pro-rata basis.
16.6 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
16.7 This clause will survive the termination or expiry of these Terms.
17 Notice Regarding Apple17.1 To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
17.2 Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
17.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
17.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
17.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
17.6 You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.
17.7 Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
17.8 You hereby represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
18 General18.1 Assignment: Subject to the below clause 18.2, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
18.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
18.3 Confidentiality: Other than where the disclosure is permitted by law, each Party agrees not to disclose any confidential information it may access on or through the Platform to a third party, or otherwise misuse such confidential information. Confidential information may include confidential information supplied to you by us, by a Poster, or by a Doer.
18.4 Disputes: Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
18.5 Entire Terms: Subject to your consumer law rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
18.6 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations, and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
18.7 Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.
18.8 Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
18.9 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
18.10 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
18.11 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
18.12 Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.
19 Definitions19.1 Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
19.2 Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, business names, get-up, goodwill, domain names, know-how, inventions, processes, trade secrets or Confidential Information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
19.3 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.
19.4 Personal Data has the meaning given in the Data Protection Act 2018.
Last updated : 2 April 202420 In App Purchase20.1 Our subscription model allows users to reduce the taken commission from 10% to 3%, meaning they keep a much larger portion of what they earn. It also allows them to expand on their profile by uploading an addition document where they may list relevant skills and qualifications to boost their profile when applying for a task.
End User Licence AgreementPLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the videogame, application, software, their associated upgrades, patches, and updates and related services (the “Product”) currently provided or which will be provided by UBISOFT ENTERTAINMENT S.A., or any one of its subsidiaries or affiliated companies, including without limitation UBISOFT EMEA SAS, UBISOFT INC. or UBISOFT MOBILE GAMES SARL (collectively referred to as “UBISOFT").This EULA sets out the basis on which UBISOFT makes the Products available to you (“User” or ”You”) and on which You may use them. UBISOFT’s Privacy Policy (« Privacy Policy ») which can be found on http://legal.ubi.com/privacypolicy/, forms an integral part of this EULA. By installing or using the Product, You agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all time. If You do not agree with one of these, please do not install or use the Product.If You have a UBISOFT Account which can be found on http://www.ubi.com (“Account”), this EULA shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern.UBISOFT reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 9.Capitalized terms used in this EULA without definition shall have the meanings specified in the Terms of Use.1. GRANT OF LICENSE.1.1 UBISOFT (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or UBISOFT terminates this EULA. You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a licence to do so from UBISOFT. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.As applicable, certain parts of the Product may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms: for instance, if the Product is featuring a VoIP application, then You must comply with the associated wireless data service agreement when using the Product). Please review such additional terms and costs carefully.1.2 You shall not, directly or indirectly(i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially,(ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivative works of this Product (except if the Product enable You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply Terms of Use), in whole or in part;(iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online multiplayer game or in a single player game over the internet or in local area network);(iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and(v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.1.3 While using the Product, You agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by UBISOFT. In all cases, You may only use the Product according to anticipated use of the Product.For example purposes, and without limiting UBISOFT’s rights to take action against You, You may not:a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in or be involved in any way in an attack on UBISOFT’s servers and/or the Product and/or those of its service providers and partners;d. create, supply or use alternative methods of using the Products, for example server emulators;e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;f. transmitting or communicating any material or content which, in the sole and exclusive discretion of UBISOFT, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;g. harassing or threatening any other users in the Product;h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of UBISOFT’s personnel;i. falsely claim to be an employee or representative of UBISOFT or its partners and/or agents;j. falsely claim an endorsement in connection with the Product or with UBISOFT.2. OWNERSHIP.All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by UBISOFT or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, UBISOFT’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without UBISOFT’s prior permission and, if applicable, UBISOFT’s licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by UBISOFT.This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.3. ACCESS TO THE PRODUCT3.1 THE PRODUCT MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). N SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE PRODUCT WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR COMPUTER; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR COMPUTER ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE PRODUCT THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL UBISOFT BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON YOUR COMPUTER BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE PRODUCT. AN INTERNET CONNECTION, A UBISOFT ACCOUNT AND INSTALLATION OF THE UBISOFT CONNECT CLIENT SOFTWARE http://ubisoftconnect.com AND REGISTRATION WITH ENCLOSED SINGLE-USE SERIAL CODE MAY BE REQUIRED TO PLAY AND ACCESS ONLINE SERVICES AND FEATURES OF THIS PRODUCT. RESTRICTIONS OF AGE MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL LAWS.3.2. 3.2 If You are using the Product on a Compatible Mobile Terminal, this Section 3.2 is applicable to You and to Your use of the Product:For this EULA, “Compatible Mobile Terminal” designates any portable device capable of connecting to Internet to access the Products. The term Compatible Mobile Terminals covers in particular feature phones, smartphones , tablet computers, and personal digital assistants (PDAs).a. Product Access.To use the Product on a Compatible Mobile Terminal, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the response time or access to certain features may depend on the capacities of Your Compatible Mobile Terminal and of the electronic communication network. UBISOFT may in no case be held responsible for reduced user comfort. You acknowledge that the Product may not be available for use on all mobile devices or through all carriers or network service providers.b. Collection of personal data: In order to provide You with a better game experience, adapted services and Product support, UBISOFT may collect and store data about You in relation to Your use of the Product, Your connection information and/or Your Compatible Mobile Terminal. Certain data is recorded, archived, analysed and used to create user statistics. Your privacy is very important to UBISOFT and UBISOFT will not reveal Your personal data to third parties except when expressly authorised by You to do so or in special circumstances. UBISOFT may be under a duty to disclose or share Your personal data in order to comply with a legal obligation, or in order to protect UBISOFT’s rights and those of other users and third parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. In addition, UBISOFT reserves the right to collect, store and use anonymous data about You. For further information concerning UBISOFT’s use of Your personal data, please refer to the Privacy Policy.c. Analytics Tools and Ad Serving Technology. UBISOFT uses third party analytics tools to collect information concerning Your and other users’ gaming habits and use of the Product. The information collected may contain the following, without limitation: mobile device unique indentity or other device identifiers and settings, carrier, operating system, localization information, date and time spent on the Product, game scores, game metrics and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information. UBISOFT uses third party ad serving technologies that may collect information as a result of ad serving in the Product and that may temporarily display advertisements in the Product. The information collected and used for the targeted advertising may contain the following, without limitation: age and gender, number views of an advertisement, mobile device unique identity or other device identifiers and settings, information about Your use of the Product, Compatible Mobile Terminal, and other Internet sites (including third party web pages and mobile Internet sites) viewed by You (as well as date and time viewed), advertisement(s) served, the advertisement(s)’ in game location and length, and Your response to the advertisement(s) (if any). The analytics tools and ad serving technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect said information and may combine the information collected on other UBISOFT Products and services with information collected from other third party websites and mobile products and services and with demographic, advertisement, market and other analytics surveys. Standing alone, this information is not personal data; however, if UBISOFT combines any of this information with personal data, UBISOFT will treat this information as personal data pursuant to our Privacy Policy. You will find a non-exhaustive list of our partners whose analytic tools and ad serving technologies are used in our Product(s) at https://legal.ubi.com/partners/. UBISOFT makes its best efforts to provide You with the links to our partners’ own privacy policies according to which their tools and technologies are used and when available the link to allow You to opt-out from their services.4. CONSENT TO MONITOR.When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third party programs prohibited by Section 1 that interact with the Product. In the event that the Product detects such an unauthorized third party program, information may be communicated back to UBISOFT, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third party program, this License and Your access to the Product may be terminated with or without additional notice to You. However, please note that UBISOFT is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product, including in game chats. Such communications are the sole responsibility of the user in question.5. LIMITED WARRANTY FOR PRODUCT PURCHASED AS A PHYSICAL MEDIUM.If You purchased Product as a physical medium (CD, cartridge or DVD-ROM), this Section 6 is applicable to You:
UBISOFT warrants that the physical medium containing the Product shall be free from defects in material and workmanship for a period of ninety (90) days from the date of Your purchase of such medium. In the event that the medium containing the Product proves to be defective during that time period, UBISOFT will, at UBISOFT’s option, free of charge, (a) correct any defect, (b) replace the Product, (c) substitute a similar Product of equal or greater value (in the event the Product is not longer being manufactured by UBISOFT or available in UBISOFT’s inventory), or (d) refund Your money when You present UBISOFT with written proof of purchase of the defective medium. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. When returning the Product for warranty replacement please send the original Product disc, cartridge or DVD, as applicable, only in protective packaging and include: (1) a photocopy of Your dated sales receipt; (2) Your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) You are encountering and the hardware and system on which You are running the Program.6. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. UBISOFT UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDIND AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. UBISOFT DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL UBISOFT, UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH UBISOFT OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, UBISOFT’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT UBISOFT, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO UBISOFT FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION 6 SHALL AFFECT UBISOFT’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM UBISOFT’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR PURPOSES OF THIS SECTION 6, UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED UBISOFT AND ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS AND AGENTS FROM AND AGAINST ANY CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE PRODUCT OR FROM YOUR VIOLATION OF THIS EULA, INCLUDING WITHOUT LIMITATION YOUR BREACH OF ANY OF YOUR REPRESENTATIONS AND WARRANTIES.7. INDEMNITY.You are solely responsible for any damage caused to UBISOFT, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED UBISOFT AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. UBISOFT reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify UBISOFT. The provisions of this Section 7 shall remain in force after termination of this EULA.8. TERMINATION.The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and UBISOFT (or its licensors) may terminate this EULA, at any time, for any reason. Termination by UBISOFT will be effective upon (a) notice to You or (b) termination of Your UBISOFT Account (if any) or (c) at the time of UBISOFT’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.9. CHANGES TO THIS EULA OR TO THE PRODUCT.UBISOFT reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on ubi.com. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
UBISOFT may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that UBISOFT may stop to support previous versions of the Product upon availability of an updated version. UBISOFT’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. UBISOFT also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product.10. MISCELLANEOUS.10.1 Export Controls. The Product is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States and foreign agency or authority relating to the Product and Your use of the Product. The Product may not be re-exported, downloaded or otherwise exported to, or installed by a national or resident of, any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
10.2 Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect UBISOFT’s initial intentions.
10.3 No Waiver. No failure or delay by UBISOFT (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by UBISOFT or by the User.
10.4 Law and Jurisdiction To the extent permitted by applicable law, this EULA and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales. You irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the EULA or its subject matter or formation (including non-contractual disputes or claims).
For any question concerning this EULA, you may contact UBISOFT at the following address: https://www.ubisoft.com/help
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.
https://legal.ubi.com/ThirdPartyTextMicrosoftDirectX9/en-US
https://legal.ubi.com/ThirdPartyTextMicrosoftDotNet/en-US
PRIVACY POLICYCHOR Technologies LTD, a company registered in England and Wales, with company number, 15127166 (we, us or our), understands that protecting your personal data is important. This Privacy Policy sets out our commitment to protecting the privacy of personal data provided to us, or otherwise collected by us when providing our website, marketplace and mobile application (Services) or when otherwise interacting with you.It is important that you read this Privacy Policy together with any other detailed privacy notices we may provide when we are collecting or processing personal data about you so that you understand our privacy practices in relation to your data.The information we collectPersonal data: is information that relates to an identified or identifiable individual. We may collect, use, store and disclose different kinds of personal data about you which we have listed below:• Identity Data including first name, last name, title, date of birth and images of you.• Contact Data including billing address, delivery address, email address and telephone numbers.• Financial Data including bank account and payment card details (through our third party payment processor, Stripe).• Background Verification Data including your passport number, driver licence number, photographic identification or other details requested as part of our verification process to comply with our due diligence obligations, anti-money laundering laws and related ongoing monitoring commitments.• Transaction Data including details about payments to you from us and from you to us and other details of products and services you have purchased from us or we have purchased from you.• Technical and Usage Data including internet protocol (IP) address, your login data, your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour, information about your access and use of our website, including through the use of Internet cookies, your communications with our website, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.• Profile Data including your username and password for our Services, profile picture, purchases or orders you have made with us, support requests you have made, content you post, send, receive and share through our platform, information you have shared with our social media platforms, your interests, preferences, feedback and survey responses.• Interaction Data including information you provide to us when you participate in any interactive features of our Services, including surveys, contests, promotions, activities or events.• Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.• Professional data including your professional qualifications and history such as your previous positions and professional experience.• Special Categories of Personal Data is a special category of personal data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not actively request special categories of data about you, nor do we collect any information about criminal convictions and offences. If at any time we need to collect special categories of data about you, we will only collect it and use it as required or authorised by law.How we collect personal dataWe collect personal data in a variety of ways, including:• Directly: We collect personal data which you directly provide to us, including when you register for an account, through the ‘contact us’ form on our website or when you request our assistance via email, or over the telephone.• Indirectly: We may collect personal data which you indirectly provide to us while interacting with us, such as when you use our website, in emails, over the telephone and in your online enquiries.• From third parties: We collect personal data from third parties, such as details of your use of our website from our analytics and cookie providers and marketing providers. See the “Cookies” section below for more detail on the use of cookies.Purposes and legal bases for processingWe collect and process personal data about you only where we have legal bases for doing so under applicable laws. We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please reach out to us if you need further details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.Purpose of use / disclosureType of DataLegal Basis for processingTo enable you to access and use our software, including to provide you with a login.• Identity Data
• Contact DataPerformance of a contract with youTo provide our Services to you, including to give you access to our marketplace, and manage your bookings and work requests.• Identity Data
• Contact Data
• Transaction Data
• Background Verification DataPerformance of a contract with youTo contact and communicate with you about our Services including in response to any support requests you lodge with us or other enquiries you make with us.• Identity Data
• Contact Data
• Profile DataPerformance of a contract with youTo contact and communicate with you about any enquiries you make with us via our website.• Identity Data
• Contact Data• Legitimate interests: to ensure we provide the best client experience we can offer by answering all of your questions.For internal record keeping, administrative, invoicing and billing purposes.• Identity Data
• Contact Data• Performance of a contract with you
• To comply with a legal obligation
• Legitimate interests: to recover debts due to us and ensure we can notify you about changes to our terms of business and any other administrative points.For analytics, market research and business development, including to operate and improve our Services, associated applications and associated social media platforms.• Profile Data
• Technical and usage Data• Legitimate interests: to keep our website updated and relevant, to develop our business, improve our Services and to inform our marketing strategyFor advertising and marketing, including to send you promotional information about our events and experiences and information that we consider may be of interest to you.• Identity Data
• Contact Data
• Technical and usage Data
• Profile Data
• Marketing and communications Data• Legitimate interests: to develop our Services and grow our businessTo run promotions, competitions and/or offer additional benefits to you.• Identity Data
• Contact Data
• Profile Data
• Interaction Data
• Marketing and communications Data• Legitimate interests: to facilitate engagement with our business and grow our businessIf you have applied to work with us; to consider your application.• Identity Data
• Contact Data
• Professional Data• Legitimate interests: to consider your employment applicationTo comply with our legal obligations or if otherwise required or authorised by law.• All relevant Personal Data• To comply with a legal obligation
If you have consented to our use of data about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your data because we or a third party have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using our services. Further information about your rights is available below.Our disclosures of personal data to third partiesWe may disclose personal data to:• our employees, contractors and/or related entities;• IT service providers, data storage, web-hosting and server providers such as Firebase, and Amazon Web Services;• marketing or advertising providers such as SendGrid, GMAP;• communications providers such as Twilio;• professional advisors, bankers, auditors, our insurers and insurance brokers;• payment systems operators such as Stripe;• our existing or potential agents or business partners; • anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;• courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;• courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; and• third parties to collect and process data, such as Google Analytics (To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time), Meta Pixel or other relevant analytics businesses; and• any other third parties as required or permitted by law, such as where we receive a summons.Google Analytics: We have enabled Google Analytics Advertising Features including Remarketing Features, Advertising Reporting Features, Demographics and Interest Reports, Store Visits and Google Display Network Impression reporting. We and third-party vendors use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as Google advertising cookies) or other third-party identifiers together.You can opt-out of Google Analytics Advertising Features including using a Google Analytics Opt-out Browser add-on found here. To opt-out of personalised ad delivery on the Google content network, please visit Google’s Ads Preferences Manager here or if you wish to opt-out permanently even when all cookies are deleted from your browser you can install their plugin here. To opt out of interest-based ads on mobile devices, please follow these instructions for your mobile device: On android open the Google Settings app on your device and select “ads” to control the settings. On iOS devices with iOS 6 and above use Apple’s advertising identifier. To learn more about limiting ad tracking using this identifier, visit the settings menu on your device.Overseas transfersWhere we disclose personal data to the third parties listed above, these third parties may store, transfer or access personal data outside of the United Kingdom including in the EU and US. The level of data protection in countries outside of the United Kingdom may be less comprehensive than what is offered in the United Kingdom. Where we transfer your personal data outside of the United Kingdom, we will perform those transfers using appropriate safeguards in accordance with the requirements of applicable data protection laws and we will protect the transferred personal data in accordance with this Privacy Policy. This includes:• only transferring your personal data to countries that have been deemed by applicable data protection laws to provide an adequate level of protection for personal data; or• including standard contractual clauses in our agreements with third parties that are overseas.Data retentionWe will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.Your rights and controlling your personal dataYour choice: Please read this Privacy Policy carefully. If you provide personal data to us, you understand we will collect, hold, use and disclose your personal data in accordance with this Privacy Policy. You do not have to provide personal data to us, however, if you do not, it may affect our ability to provide our Services to you and your use of our Services.Information from third parties: If we receive personal data about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal data about somebody else, you represent and warrant that you have such person’s consent to provide the personal data to us.Access, correction, processing and portability: You may request details of the personal data that we hold about you and how we process it (commonly known as a “data subject request”). You may also have a right in accordance with applicable data protection law to have your personal data rectified or deleted, to restrict our processing of that information, to object to decisions being made based on automated processing where the decision will produce a legal effect or a similarly significant effect on you, to stop unauthorised transfers of your personal data to a third party and, in some circumstances, to have personal data relating to you transferred to you or another organisation.Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.Withdraw consent: Where we are relying on consent to process your personal data, you have the right to withdraw your consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.Storage and securityWe are committed to ensuring that the personal data we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal data and protect it from misuse, interference, loss and unauthorised access, modification and disclosure. While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.Links to other websitesOur website may contain links to other party’s websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal data which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.Personal data from social network accountsIf you connect your account with us to a social network account, such as Facebook and Google, we will collect your personal data from the social network. We will do this in accordance with the privacy settings you have chosen on that social network.The personal data that we may receive includes your name, ID, user name, handle, profile picture, gender, age, language, list of friends or follows and any other personal data you choose to share.We use the personal data we receive from the social network to create or add to a profile for you on our platform.If you agree, we may also use your personal data to give you updates on the social network which might interest you. We will not post to your social network without your permission.Where we have accessed your personal data through your Facebook account, you have the right to request the deletion of personal data that we have been provided by Facebook. To submit a request for the deletion of personal data we acquired from Facebook, please send us an email at the address at the end of this Privacy Policy and specify in your request which personal data you would like deleted. If we deny your request for the deletion of personal data, we will explain why.AmendmentsWe may change this Privacy Policy from time to time. We will notify you if we make a significant change to this Privacy Policy, by contacting you through the contact details you have provided to us and by publishing an updated version on our website.In App PurchaseOur subscription model allows users to reduce the taken commission from 10% to 3%, meaning they keep a much larger portion of what they earn. It also allows them to expand on their profile by uploading an addition document where they may list relevant skills and qualifications to boost their profile when applying for a task.End User Licence AgreementPLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the videogame, application, software, their associated upgrades, patches, and updates and related services (the “Product”) currently provided or which will be provided by UBISOFT ENTERTAINMENT S.A., or any one of its subsidiaries or affiliated companies, including without limitation UBISOFT EMEA SAS, UBISOFT INC. or UBISOFT MOBILE GAMES SARL (collectively referred to as “UBISOFT").This EULA sets out the basis on which UBISOFT makes the Products available to you (“User” or ”You”) and on which You may use them. UBISOFT’s Privacy Policy (« Privacy Policy ») which can be found on http://legal.ubi.com/privacypolicy/, forms an integral part of this EULA. By installing or using the Product, You agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all time. If You do not agree with one of these, please do not install or use the Product.If You have a UBISOFT Account which can be found on http://www.ubi.com (“Account”), this EULA shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern.UBISOFT reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 9.Capitalized terms used in this EULA without definition shall have the meanings specified in the Terms of Use.1. GRANT OF LICENSE.1.1 UBISOFT (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or UBISOFT terminates this EULA. You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a licence to do so from UBISOFT. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.As applicable, certain parts of the Product may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms: for instance, if the Product is featuring a VoIP application, then You must comply with the associated wireless data service agreement when using the Product). Please review such additional terms and costs carefully.1.2 You shall not, directly or indirectly(i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially,(ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivative works of this Product (except if the Product enable You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply Terms of Use), in whole or in part;(iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online multiplayer game or in a single player game over the internet or in local area network);(iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and(v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.1.3 While using the Product, You agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by UBISOFT. In all cases, You may only use the Product according to anticipated use of the Product.For example purposes, and without limiting UBISOFT’s rights to take action against You, You may not:a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in or be involved in any way in an attack on UBISOFT’s servers and/or the Product and/or those of its service providers and partners;d. create, supply or use alternative methods of using the Products, for example server emulators;e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;f. transmitting or communicating any material or content which, in the sole and exclusive discretion of UBISOFT, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;g. harassing or threatening any other users in the Product;h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of UBISOFT’s personnel;i. falsely claim to be an employee or representative of UBISOFT or its partners and/or agents;j. falsely claim an endorsement in connection with the Product or with UBISOFT.2. OWNERSHIP.All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by UBISOFT or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, UBISOFT’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without UBISOFT’s prior permission and, if applicable, UBISOFT’s licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by UBISOFT.This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.3. ACCESS TO THE PRODUCT3.1 THE PRODUCT MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). N SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE PRODUCT WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR COMPUTER; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR COMPUTER ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE PRODUCT THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL UBISOFT BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON YOUR COMPUTER BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE PRODUCT. AN INTERNET CONNECTION, A UBISOFT ACCOUNT AND INSTALLATION OF THE UBISOFT CONNECT CLIENT SOFTWARE http://ubisoftconnect.com AND REGISTRATION WITH ENCLOSED SINGLE-USE SERIAL CODE MAY BE REQUIRED TO PLAY AND ACCESS ONLINE SERVICES AND FEATURES OF THIS PRODUCT. RESTRICTIONS OF AGE MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL LAWS.3.2. 3.2 If You are using the Product on a Compatible Mobile Terminal, this Section 3.2 is applicable to You and to Your use of the Product:For this EULA, “Compatible Mobile Terminal” designates any portable device capable of connecting to Internet to access the Products. The term Compatible Mobile Terminals covers in particular feature phones, smartphones , tablet computers, and personal digital assistants (PDAs).a. Product Access.To use the Product on a Compatible Mobile Terminal, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the response time or access to certain features may depend on the capacities of Your Compatible Mobile Terminal and of the electronic communication network. UBISOFT may in no case be held responsible for reduced user comfort. You acknowledge that the Product may not be available for use on all mobile devices or through all carriers or network service providers.b. Collection of personal data: In order to provide You with a better game experience, adapted services and Product support, UBISOFT may collect and store data about You in relation to Your use of the Product, Your connection information and/or Your Compatible Mobile Terminal. Certain data is recorded, archived, analysed and used to create user statistics. Your privacy is very important to UBISOFT and UBISOFT will not reveal Your personal data to third parties except when expressly authorised by You to do so or in special circumstances. UBISOFT may be under a duty to disclose or share Your personal data in order to comply with a legal obligation, or in order to protect UBISOFT’s rights and those of other users and third parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. In addition, UBISOFT reserves the right to collect, store and use anonymous data about You. For further information concerning UBISOFT’s use of Your personal data, please refer to the Privacy Policy.c. Analytics Tools and Ad Serving Technology. UBISOFT uses third party analytics tools to collect information concerning Your and other users’ gaming habits and use of the Product. The information collected may contain the following, without limitation: mobile device unique indentity or other device identifiers and settings, carrier, operating system, localization information, date and time spent on the Product, game scores, game metrics and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information. UBISOFT uses third party ad serving technologies that may collect information as a result of ad serving in the Product and that may temporarily display advertisements in the Product. The information collected and used for the targeted advertising may contain the following, without limitation: age and gender, number views of an advertisement, mobile device unique identity or other device identifiers and settings, information about Your use of the Product, Compatible Mobile Terminal, and other Internet sites (including third party web pages and mobile Internet sites) viewed by You (as well as date and time viewed), advertisement(s) served, the advertisement(s)’ in game location and length, and Your response to the advertisement(s) (if any). The analytics tools and ad serving technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect said information and may combine the information collected on other UBISOFT Products and services with information collected from other third party websites and mobile products and services and with demographic, advertisement, market and other analytics surveys. Standing alone, this information is not personal data; however, if UBISOFT combines any of this information with personal data, UBISOFT will treat this information as personal data pursuant to our Privacy Policy. You will find a non-exhaustive list of our partners whose analytic tools and ad serving technologies are used in our Product(s) at https://legal.ubi.com/partners/. UBISOFT makes its best efforts to provide You with the links to our partners’ own privacy policies according to which their tools and technologies are used and when available the link to allow You to opt-out from their services.4. CONSENT TO MONITOR.When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third party programs prohibited by Section 1 that interact with the Product. In the event that the Product detects such an unauthorized third party program, information may be communicated back to UBISOFT, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third party program, this License and Your access to the Product may be terminated with or without additional notice to You. However, please note that UBISOFT is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product, including in game chats. Such communications are the sole responsibility of the user in question.5. LIMITED WARRANTY FOR PRODUCT PURCHASED AS A PHYSICAL MEDIUM.If You purchased Product as a physical medium (CD, cartridge or DVD-ROM), this Section 6 is applicable to You:
UBISOFT warrants that the physical medium containing the Product shall be free from defects in material and workmanship for a period of ninety (90) days from the date of Your purchase of such medium. In the event that the medium containing the Product proves to be defective during that time period, UBISOFT will, at UBISOFT’s option, free of charge, (a) correct any defect, (b) replace the Product, (c) substitute a similar Product of equal or greater value (in the event the Product is not longer being manufactured by UBISOFT or available in UBISOFT’s inventory), or (d) refund Your money when You present UBISOFT with written proof of purchase of the defective medium. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. When returning the Product for warranty replacement please send the original Product disc, cartridge or DVD, as applicable, only in protective packaging and include: (1) a photocopy of Your dated sales receipt; (2) Your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) You are encountering and the hardware and system on which You are running the Program.6. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. UBISOFT UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDIND AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. UBISOFT DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL UBISOFT, UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH UBISOFT OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, UBISOFT’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT UBISOFT, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO UBISOFT FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION 6 SHALL AFFECT UBISOFT’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM UBISOFT’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR PURPOSES OF THIS SECTION 6, UBISOFT’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED UBISOFT AND ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS AND AGENTS FROM AND AGAINST ANY CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE PRODUCT OR FROM YOUR VIOLATION OF THIS EULA, INCLUDING WITHOUT LIMITATION YOUR BREACH OF ANY OF YOUR REPRESENTATIONS AND WARRANTIES.7. INDEMNITY.You are solely responsible for any damage caused to UBISOFT, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED UBISOFT AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. UBISOFT reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify UBISOFT. The provisions of this Section 7 shall remain in force after termination of this EULA.8. TERMINATION.The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and UBISOFT (or its licensors) may terminate this EULA, at any time, for any reason. Termination by UBISOFT will be effective upon (a) notice to You or (b) termination of Your UBISOFT Account (if any) or (c) at the time of UBISOFT’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.9. CHANGES TO THIS EULA OR TO THE PRODUCT.UBISOFT reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on ubi.com. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
UBISOFT may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that UBISOFT may stop to support previous versions of the Product upon availability of an updated version. UBISOFT’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. UBISOFT also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product.10. MISCELLANEOUS.10.1 Export Controls. The Product is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States and foreign agency or authority relating to the Product and Your use of the Product. The Product may not be re-exported, downloaded or otherwise exported to, or installed by a national or resident of, any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
10.2 Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect UBISOFT’s initial intentions.
10.3 No Waiver. No failure or delay by UBISOFT (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by UBISOFT or by the User.
10.4 Law and Jurisdiction To the extent permitted by applicable law, this EULA and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales. You irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the EULA or its subject matter or formation (including non-contractual disputes or claims).
For any question concerning this EULA, you may contact UBISOFT at the following address: https://www.ubisoft.com/help
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.
https://legal.ubi.com/ThirdPartyTextMicrosoftDirectX9/en-US
https://legal.ubi.com/ThirdPartyTextMicrosoftDotNet/en-USFor any questions or notices, please contact us at: CHOR Technologies LTD, a company registered in England and Wales, with company number, 15127166. Email: chorcompany@icloud.com
Last update: 8 April 2024 © LegalVision Law UK Ltd
