Your use of Finlync App Centre web sites, mobile applications and services (the “Finlync App Centre”) is expressly conditioned on your acceptance of the terms and conditions of this User Agreement. By using the Finlync App Centre, you signify your agreement to these terms and conditions. If you do not agree with any part of these terms and conditions, you may not use the Finlync App Centre. Finlync may at any time modify this User Agreement or the services provided hereunder and your continued use of the Finlync App Centre will be conditioned upon the terms and conditions in force at the time of your use. To indicate your agreement with these terms, click Subscribe. If you do not agree, do not click “Subscribe” and do not use the Finlync App Centre.
Age and Responsibility
You represent that you are of sufficient legal age to create binding legal obligations for any liability you or the company you represent may incur as a result of the use of the Finlync App Centre. If you use the Finlync App Centre, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You understand that you are responsible for all uses of the Finlync App Centre by you and those using your login information.
You acknowledge your agreement and intent to bind yourself and your employer, where applicable, by these electronic terms, terms related to purchase hereunder, including payment for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications.
Site Ownership. Finlync is the provider of the Finlync App Centre which permits you to obtain information about certain software applications and services to be utilized with the Finlync System and the Finlync Workspace for uses authorized under the subscriber agreement between you or your employer and Finlync. The web sites and applications comprising a part of the Finlync App Centre, and each of their modules, together with the arrangement and compilation of the content found on such sites and applications, are the copyrighted property of Finlync Inc. (together with its corporate affiliates, “Finlync”) and/or its third party suppliers and content providers (“Third Party Suppliers”). Certain data relating to schedules is the copyrighted work of third party information providers. In addition, the trademarks, logos and service marks displayed (collectively, the “Trademarks”) are registered and common law Trademarks of Finlync and/or its Third Party Suppliers. No license or right to use any of the Trademarks without the written permission of Finlync, or such other party that may own the Trademarks, is granted or should be implied. The Finlync App Centre and the content provided thereby, including text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Finlync, and/or its Third Party Suppliers. The use of such materials on any other web site, application or in any environment of networked computers is prohibited. Unauthorized use of the Finlync App Centre and/or the materials provided thereby may violate applicable copyright, trademark or other intellectual property laws or other laws. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the Finlync App Centre.
Finlync App Ownership, Support and Responsibility. Unless otherwise expressly indicated, each Finlync App, application or service made available through the Finlync App Centre is owned by and the property of the Third Party Supplier indicated in the information about such application and is NOT owned or provided by Finlync. As such, you agree that any requests related to support of such applications shall be made directly to such Third Party Supplier and that any claims made by you related to such application shall be made against such Third Party Supplier and NOT against Finlync. You agree that Finlync will not have any liability or responsibility for any Third Party Supplier content, applications, data usage, services or failures to perform related to any of the foregoing. You agree that Finlync and its Third Party Suppliers may share information about you and your purchase(s) where Finlync believes reasonable, including for the purpose of fulfilling such purchases, your utilization of your purchased Finlync App(s), collection of fees, and enforcement of terms related to such purchases.
Use of the Finlync App Centre
Finlync grants you a limited, non-transferable license to access and make personal use of the Finlync App Centre in accordance with the terms and conditions of this User Agreement. You may only use the Finlync App Centre to obtain information about the applications and services marketed therein and for purchase of such applications and services where available therein and shall not use the Finlync App Centre for any other purpose. For avoidance of doubt, this license does not include any resale or commercial use of the Finlync App Centre or its contents or any derivative use of the Finlync App Centre or its contents. Without limiting the foregoing, you may not:
- share Finlync Apps purchased or licensed by you with any other person unless expressly authorized under the license terms for such application;
- utilize the Finlync App Centre or its services outside of the authorized territories stated herein;
- use or authorize or permit any third party to use on your behalf any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content making a part of the Finlync App Centre, in any case without the prior written consent of Finlync;
- copy, circumvent, reverse engineer, decompile, disassemble, or otherwise violate the usage terms or ownership rights of the Finlync App Centre, related information, any Finlync Apps or their providers;
- utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that frames, modifies or adds content to the layout, design, or content of any web page or application making a part of the Finlync App Centre;
- transmit or otherwise transfer any web pages, data or content making a part of the Finlync App Centre to any other computer, server, web site, application or other medium for mass distribution or for use in any commercial enterprise;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Finlync App Centre;
- take any action that imposes a burden or load on the Finlync App Centre’s or any other Finlync infrastructure that Finlync deems in its sole discretion to be unreasonable or disproportionate to the benefits Finlync obtains from your use of the Finlync App Centre; or
- post or transmit via the Finlync App Centre (a) any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane information or material, (b) any information or material that (i) could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, (ii) infringes the rights of others or violates their privacy or publicity rights, (iii) is protected by copyright, trademark or other proprietary right (unless with the express written permission of the owner of such right), (iv) contains a virus, bug or other harmful item, or (v) is used to unlawfully collude against another person in restraint of trade or competition.
In its sole discretion, in addition to any other rights or remedies available to Finlync and without any liability whatsoever, Finlync at any time and without notice may terminate or restrict your access to the Finlync App Centre. If you have been notified by Finlync that you are prohibited from using the Finlync App Centre, then notwithstanding the foregoing you have no license to use the Finlync App Centre and any access by you or on your behalf shall be unauthorized and unlawful. Finlync may provide notice under this or any other section of this agreement via an email sent to the email address contained in your user profile or otherwise used to make a booking via the Finlync App Centre, or in any other reasonable manner. Finlync reserves the right to cancel any and all purchases or other transactions you have made using the Finlync App Centre after you have been prohibited from using the Finlync App Centre, with no liability whatsoever to you.
Payment and Delivery of Finlync Apps
You agree to pay for all purchases made through or related to the Finlync App Centre, including any taxes owed for such purchase. You agree that delivery of or authorization to utilize purchased applications may be controlled by Finlync, even where purchased directly from a Third Party Supplier, and will be subject to prior payment and compliance with the terms of this User Agreement and any subscriber or customer agreement between you or your employer and Finlync. All sales are final and non-refundable unless expressly stated otherwise for a specific Finlync App. You further agree that Finlync may suspend or terminate your access to any Finlync App for which you have not made payments due or for which it has a written statement from the applicable Third Party Supplier that you have violated the license agreement for such Finlync App, whether through non-payment or otherwise. You acknowledge that to the extent a Finlync App increases the data processing charges incurred by you in your use of the Finlync System, you will be responsible for payment of such charges.
These terms and conditions apply to any interactive features which allow for user submission of comments or content, including journals, recommendations, reviews, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips, images, information, data, photographs, software, messages, ideas, comments, questions, or other materials received by Finlync from you (collectively “Submitted Content”). Finlync shall have the right (but not the obligation) to, from time to time monitor and review Submitted Content and any other information transmitted or received through the Finlync App Centre and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Finlync deems inappropriate or in violation of these terms and conditions. During monitoring, the Submitted Content may be examined, recorded or copied, and your use of the Finlync App Centre constitutes your consent to such monitoring and review. You agree that you are responsible for the Submitted Content, and Finlync disclaims any responsibility and assumes no liability with respect to Submitted Content. By providing Submitted Content, you warrant that: (a) you are the owner of such Submitted Content, or have been granted all the rights necessary from the owner thereof to provide such Submitted Content to Finlync and for the use by Finlync as stated herein, and (b) the use of such Submitted Content by Finlync will not infringe the intellectual property rights of or otherwise violate the rights of any third party. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the Finlync App Centre. You agree that if you provide Submitted Content, you grant Finlync a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, transfer, or sell such Submitted Content in any form, media or technology for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you, and you waive all moral rights with respect thereto. You further grant Finlync the right to pursue at law any person or entity that violates your or Finlync’s rights in the Submitted Content by a breach of this User Agreement. You agree that you will not publish, submit, provide, or display such Submitted Content to or on any other commercial travel-related web-site, application or online service without Finlync’s prior written consent, which consent may be withheld by Finlync in its sole discretion. Consent may be requested by emailing Finlync at firstname.lastname@example.org. You agree that Finlync may choose to provide attribution of Submitted Content provided by you (for example, showing your name and hometown on a travel review that you submit) at our sole discretion, and that such Submitted Content may be shared with Finlync’s Third Party Suppliers, distribution partners, customers and other third parties.
Nothing in this Agreement gives you the right to utilize the Finlync App Centre where such use is prohibited by law or regulation.
Claim of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (as amended, the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Such notice must include
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Currency of Conversion
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but Finlync and/or its Third Party Suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates.
Exclusion of Warranties
Neither Finlync nor any of its third party suppliers make any warranty of any kind regarding the Finlync App Centre and/or any materials provided via the Finlync App Centre, all of which are provided on an “as is” basis. Neither Finlync nor any of its third party suppliers warrant the accuracy, completeness, currency or reliability of any of the content or data provided via the Finlync App Centre and such parties expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Neither Finlync nor any of its third party suppliers warrant that the Finlync App Centre is free of viruses or other harmful components. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific rights which vary by state or country.
The Finlync App Centre provides links to other web sites which are provided solely as a convenience to you and not as an endorsement by Finlync or its third party suppliers of the contents of such other web sites or the goods or services provided thereon. Neither Finlync nor any third party supplier shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites or the goods or services provided thereon. If you decide to access other web sites, or to use such goods or services, you do so at your own risk.
You acknowledge that Finlync may modify its solutions at any time and such modification may create technical issues with Finlync apps you have purchased, including rendering them unusable until such time as the third party supplier has modified the Finlync app for use with the modified Finlync apps and you agree that Finlync shall have no liability for such.
Finlync expressly reserves the right to correct any pricing errors (including, without limitation, typographical or display errors, incorrect third party supplier information, and currency conversion miscalculations) and/or to change or cancel pending purchases made under an incorrect price. This right applies whether or not the order has been confirmed and/or your credit card charged. In the event of a correction to a pending purchase, as your sole and exclusive remedy we will offer you the opportunity to keep your pending purchase at the correct price or, at your option, we will cancel your purchase without penalty.
Limitation of Liability
Finlync assumes no responsibility for, and shall not be liable for, any damage to your computer equipment or other property on account of your access to, or use of, the Finlync App Centre or your downloading of any materials, data, text, images, video or audio from the Finlync App Centre.
To the extent not prohibited by applicable law, in no event shall Finlync, in no event shall Finlync or any of its third party suppliers be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, equity or otherwise, which arise out of or are in any way connected with (i) any use of the Finlync App Centre or content found therein or applications or services purchased as a result of use thereof, (ii) any failure or delay, or (iii) the performance or non-performance by Finlync or any of its third party suppliers, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.
The third party suppliers providing applications or services for purchase through this site are independent contractors and not agents or employees of Finlync. Finlync is not liable for the unintentional or intentional acts, errors, omissions, representations, warranties, breaches or negligence of any such third party suppliers or agents of third party suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
Finlync shall have no liability and will make no refund of payments made for applications or services provided by third party suppliers in any event, nor will Finlync be liable for any delay, cancellation, strike, force majeure or other causes beyond its direct control, and shall have no responsibility for any additional expense, omissions, delays or acts of any government or authority.
If, notwithstanding the foregoing, Finlync or any third party supplier should be found liable for any loss or damage which arises out of or is in any way connected with any of the described functions or uses of the Finlync App Centre or its content, the liability of Finlync and the third party suppliers shall in no event exceed, in the aggregate, the total amount paid directly to Finlync by you in connection therewith.
You shall defend and indemnify Finlync and any Third Party Suppliers and its and their respective owners, officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of the Finlync App Centre (including without limitation any violation by you of these terms and conditions, any law or the rights of a third party).
Resolution of Disputes
The Finlync App Centre is operated by Finlync from within the United States. This User Agreement and its performance shall be governed by the laws of the State of Texas, United States of America, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction. If a dispute does arise between you and Finlync, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Finlync agree that we shall resolve any action, claim or controversy at law or equity (a “Claim”) that arises out of your use of the Finlync App Centre, this User Agreement, or the parties’ relationship in connection with the Finlync App Centre or this User Agreement in accordance with one of the subsections below or as otherwise mutually agreed by the parties in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution since most customer concerns can be resolved quickly and satisfactorily in this manner.
- Mandatory Arbitration – Any Claim where the total amount in controversy is less than US$10,000, shall be resolved via binding, non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.orgor by calling the AAA at 1-800-778-7879. AAA and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall be conducted by an arbitrator in Tarrant County, Texas who is approved or otherwise affiliated with the AAA; (c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties in writing; (d) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; (e) unless otherwise mutually agreed by the parties in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding; and (f) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If subparagraph (e) above is found to be unenforceable, then the entirety of this Mandatory Arbitration provision shall be null and void. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS USER AGREEMENT, YOU AND FINLYNC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION.
- Improperly Filed Claims – All Claims you bring against Finlync must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed and void. Should you file a Claim contrary to the Resolution of Disputes Section, Finlync may recover attorneys’ fees and costs, provided that Finlync has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
If Finlync takes any action to enforce this User Agreement, and such Claim is not resolved pursuant to the Mandatory Arbitration provision under RESOLUTION OF DISPUTES, above, Finlync will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and any costs of litigation, in addition to any other relief, at law or in equity, to which Finlync may be entitled. Moreover, you agree that Finlync may debit your credit or debit card or charge you for any such amounts.
You acknowledge that a violation or attempted violation of any of this User Agreement will cause such damage to Finlync as will be irreparable, the exact amount of which would be impossible or difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Finlync shall be entitled as a matter of right to seek an injunction from any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, without having to post a bond or other security.
Modification or Termination of Service of a Finlync App
Finlync reserves the right to modify, suspend or discontinue the Finlync App Centre services or any part thereof at any time with or without notice to you without liability to you. Additionally, you acknowledge and agree that Finlync may suspend or deactivate any Finlync App which creates technical issues, unauthorized usage, any impairment of Finlync System integrity or usage or any other user’s access to or operation of the Finlync System, including, but not limited to:
- Finlync App stops responding
- Finlync App causes issues by utilizing too much memory or percentage of CPU capacity
- Finlync App causes problems or heavy traffic to Finlync server side systems
- Finlync App uses provided API against authorized purpose or design
Finlync App creates legal compliance issues
- Finlync App contains malicious code such as spyware
Additional Terms and Conditions
Additional terms and conditions of Finlync and/or its Third Party Suppliers may apply to applications purchased through or as a result of the use of the Finlync App Centre. You agree to abide by any such additional terms and conditions and you understand that if you violate any such terms and conditions, it may result in your being denied access to the applicable application or services, or in other liability to the provider of such application or services.
The relationship between Finlync and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein. This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available through the Finlync App Centre.