Pounce - Terms of Service
BuyCode Inc. ("BuyCode") develops and offers a platform that enables instant purchasing directly from online and/or printed advertisements. The services offered by BuyCode include "Pounce" - an application for smart phones ("Application"), and other features, products and service, as now offered and/or may be offered in the future, in connection with the aforesaid (collectively referred as the "Services"). These terms of Service (the "Terms") sets the legally binding terms for the provision and the use of any of the Services by you ("You") and BuyCode.
1.1. Acceptance of These Terms
By using the Application, and/or completing the Application set-up process You acknowledge that You have read these Terms, and You agree to be bound thereby and to comply therewith. If You do not agree to any of the provisions as set forth in these Terms You have no right to use the Application and/or any of the Services
1.2. Modifications to Terms
BuyCode reserves the right to change or modify these Terms from time to time. In any such event, BuyCode will let You know of such changes or modifications, and You shall be entitled to decide whether You want to continue to use the Services under the revised terms. However please note, that Your continued use of the Services indicates Your acceptance of any revised terms.
1.3. Changes in the Services
BuyCode reserves the right to suspend, discontinue, delete, modify, or remove any content or Services offered from time to time, without prior notice, without reason or liability, and/or to offer certain Services only in various versions or in selected times, based on BuyCode's sole discretion.
In addition, BuyCode reserve the right, at any time in its sole discretion, to decide that the use of the Services, or any part thereof (including services which are currently available for free), shall be subject to the payment of any fees. BuyCode shall notify You of the implementation of any payment as aforesaid, and upon such notification such implementation shall be binding and You shall be obligated to pay such payment unless You cease using the relevant Services.
2. The Application
The "Pounce" Application enables You to scan product images from online and/or printed advertisements, in order to purchase certain services and/or products and/or to make any other billed activities (each, a "Purchase") from third parties vendors, retailers or any other third parties selling their services and/or products (collectively "Retailer/s").
The "Pounce" Application (i) assists You to easily and directly buy from the Retailers by placing a Purchase order in "one tap", and saving You the need to fill in Your information for each Purchase; or (ii) direct You to a Retailer website and/or application However, please note, that in any event the Purchase is made by You directly from the Retailers. BuyCode does not sell, resell, distribute or act as an agent of sale of the Retailer's services and/or products, and is not directly involved in the transaction between You and the Retailers.
The Application enables You to postpone the Purchase of products and/or services that You have already scanned by saving such scanned items under the "saved items" label. However, please note that the availability of such products and/or services in the future (i.e when you decide to complete the Purchase thereof) is subject to Retailer's discretion and therefore is not guaranteed.
Please be aware that prior to the consummation of a Purchase, Retailers may change any of the terms of the Purchase, at any time without any prior notice. UNDER NO CIRCUMSTANCES WILL BUYCODE BE LIABLE IN ANY WAY FOR ANY CLAIM WITH RESPECT TO THE PRODUCTS AND/OR SERVICES AND THEIR PURCHASE, AND YOU HEREBY WAIVE AND RELEASE BUYCODE FROM ANY CLAIM WITH RESPECT THERETO. Any claim with respect to the products and/or services and/or their Purchase, including without limitation with respect to stock availability, pricing and payment terms, cancellation, packing, shipment, return policy, quality, merchantability, fitness for a particular purpose, non-infringement, safety, morality, legality and/or any other claim regarding the products and/or services and the Purchase thereof, shall be directly referred to the Retailers.
3. Application Setup
3.1. Collecting User's Information
In order to process purchases, Retailers require user details such as payment and shipping info. The Pounce app needs those details in order to successfully submit order with the Retailers. During the application setup process and/or thereafter You may be required to provide information regarding, but not limited to, Your first and last name, email address, shipping and billing addresses, credit card and/or other payment methods, and/or other information. Once You submitted the information, You represent and warrant that all information Your submit is accurate and truthful and that You agree to update and maintain the accuracy of such information at all times. You further represent and warrant that You owns or authorized to use the credit card or other payment method provided by You during the setup process, as well as that Your use of the Application and/or any of the Services shall be in full compliance with these Terms and shall not violate any applicable law or regulation. BuyCode reserves the right to refuse any or all use the Services of a user if information submitted seems or proves to be false, inaccurate, incomplete or otherwise not in compliance with these Terms.
In order to provide you the Services BuyCode shall store your email address and purchase history on the servers it uses. All other information shall be stored locally on Your smartphone.
In order to protect yourself from unwanted Purchases You have an option, to create a PIN code which will be required in order to complete any future Purchases.
4. Payment to Retailers for Purchases
By tapping the "Buy Now" button You agree and authorize (i) BuyCode to provide the information You provided during the setup process or thereafter (including, without limitation, Your details and Your credit card or other payment, as applicable) to the relevant Retailer; and (ii) Retailer to bill Your credit card or other payment method, as applicable, according to such information, and to provide you with the product or service so purchased.
You hereby responsible for any and all charges, fees or any other costs due to Retailers with respect to any of Your Purchase. Under no circumstances will BuyCode be liable in any way for any such charges, fees or any other costs to Retailers with respect to Your Purchase.
In any event of payment failure the Pounce app may provide You a notice of such failure through the Application. In addition, upon consummation of placing a Purchase order Retailers may provide You a confirmation email, confirming your order.
5. Proprietary Rights
BuyCode owns and retains the entire title and interest in and to its technology, Application and any of the Services (and/or or any part thereof), including any and all intellectual property rights related and associated therewith. BuyCode Application contains technology, data, ideas, know-how, trademarks, trade secrets, inventions, copyrights and other proprietary information of BuyCode and its licensors. Other than explicitly specified under section 6 below, You are not granted with any right in and to BuyCode's technology, Application and/or any of the Services and/or any intellectual property associated or related thereto, and nothing should be inferred as granting You with such rights.
Right of Use & Unauthorized Uses
6.1. Limited License, Permitted Uses
Aggregation, copying, duplication, display or derivative use of the Services for any purpose is strictly prohibited.
7. Retailer's Content
7.1. Source and Accuracy of Content
All information and content, either in the form of a text, image, video, link or otherwise, that is posted on, displayed in, transmitted scanned or transferred through, linked from or otherwise made available through the Application and/or the Services, and/or content available on Retailers websites, applications, publications, advertisements or otherwise published or provided by Retailers in any other manner (Collectively referred as “Content”), are at the sole responsibility of the person from whom such Content originated. BuyCode does not control, and is not responsible for the Content. BuyCode makes no representation or warranty as to the accuracy, completeness or authenticity of the Content. You acknowledge that BuyCode does not pre-screen, monitor, endorse or approve the Content. You must evaluate, and bear all risks associated with the use of any Content. In addition, under no circumstances will BuyCode be liable in any way for any Content and/or for any loss or damage of any kind incurred as a result of the use of any Content in the course of Your use of the Application and/or any of the Services.
Without derogating from the generality of the above, it is clarified that any information, description and/or other Content relating to the products and/or services and the Purchase thereof, which is provided to You or to which You exposed in the course of using the Application, is provided on an "as is" basis, based on the information, representations and warranties provided by the Retailers, and therefore is under the sole liability and responsibility of such Retailers.
BUYCODE DOES NOT CONTROL, AND UNDER NO CIRCUMSTANCES WILL BUYCODE BE LIABLE IN ANY WAY FOR SUCH CONTENT AND/OR INFORMATION. YOU HEREBY WAIVE, DISCLAIMES AND RELEASE BUYCODE FROM ANY CLAIM WITH RESPECT THERETO. ANY CLAIM WITH RESPECT TO THE CONTENT AND/OR INFORMATION SHALL BE DIRECTLY REFERRED TO THE RETAILERS.
8. Disclaimers of Warranties; Limitation of Liability; Indemnification
8.1. General Disclaimer
BUYCODE DOES NOT WARRANT THAT THE APPLICATION AND/OR ANY OF THE SERVICES WILL OPERATE WITHOUT INTERRUPTION, BUGS OR ERROR FREE. THE APPLICATION AND ANY OTHER SERVICES ARE PROVIDED BY BUYCODE ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.YOU EXPRESSLY AGREE THAT ANY USE OF THE APPLICATION AND ANY OTHER SERVICES IS MADE UPON YOUR SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY, AND ENTIRELY AT YOUR OWN RISK.
ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, AS WELL AS ANY WARRANTIES REGARDING SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE APPLICATION AND ANY OTHER SERVICES, ARE ALL EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
BUYCODE ALSO DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED IN THE APPLICATION AND/OR THE SERVICES, OR ACCESSED THROUGH ANY LINKS IN THE APPLICATION AND/OR THE SERVICES INCLUDING BY SCANNING QR CODES WHILE USING THE APPLICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, BUYCODE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE APPLICATION AND/OR ANY OF THE SERVICES.
8.2. Disclaimer regarding Content and Information Accuracy
WITHOUT DEROGATION FROM ANY OF THE ABOVE, BUYCODE DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF ANY CONTENT (AS DEFINED IN SECTION 7.1 ABOVE), INFORMATION OR MATERIAL DISPLAYED IN, POSTED ON, TRANSMITTED SCANNED OR TRANSFERRED THROUGH, LINKED FROM OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION AND/OR ANY OF THE SERVICES AND/OR DISPLAYED AS RESULT OF USE OF THE SERVICES OR ANY PORTION THEREOF.
8.3 Limitation of Liability
BUYCODE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING FROM ANY ASPECT OF YOUR USE OF THE APPLICATION AND/OR THE SERVICES AND/OR FROM ANY CONTENT, INFORMATION AND MATERIALS INCLUDED ON THE APPLICATION OR OTHERWISE AVAILABLE THROUGH THE APPLICATION AND/OR FROM SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE APPLICATION OR OTHERWISE RELATED TO THE APPLICATION. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT BUYCODE LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE YOU HAVE ACTUALLY PAID UNDER THE SPECIFIC PURCHASE DUE TO WHICH SUCH DAMAGE AS OCCURRED OF DAMAGE.
IN ADDITION, BUYCODE WILL NOT BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF THE APPLICATION AND/OR THE SERVICES.
8.4. Disclaimer of Advertisement or Sponsored Content
The Services may contain authorized or unauthorized advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted on the Services is accurate and complies with applicable laws. BUYCODE IS NOT RESPONSIBLE FOR THE ILLEGALITY OR ANY ERROR, INACCURACY OR PROBLEM IN THE ADVERTISER'S OR SPONSOR'S MATERIALS. BUYCODE DOES NOT ENDORSE OR PROMOTE OR REPRESENT ANY OF THE PRODUCTS OR SERVICES OFFERED AND WILL NOT BE LIABLE FOR THESE PRODUCTS OR SERVICES. THE PLACEMENT OF THE ADVERTISEMENT OR SPONSORED CONTENT, THE SELECTION OF THE ADVERTISEMENT OR SPONSORED CONTENT AND THE TAGGING OF SUCH ADVERTISEMENT OR SPONSORED CONTENT, MAY BE DONE IN AN AUTOMATED MANNER AND IN NO CASE BUYCODE WILL BE RESPONSIBLE OR LIABLE FOR THE SELECTION, PLACEMENT OR TAGGING OF AN ADVERTISEMENT OR SPONSORED CONTENT.
8.5. Disclaimer of Third Parties Content, Sites and Services/Products
AS STATED ABOVE, ANY THIRD PARTY CONTENT AVAILABLE THROUGH THE APPLICATION AND/OR THE SERVICES,ARE DEVELOPED BY PERSONS (INCLUDING BUT NOT LIMITED TO RETAILERS) OVER WHOM BUYCODE EXERCISES NO CONTROL.BUYCODE CANNOT AND DOES NOT SCREEN OR MONITOR SUCH CONTENT AND/OR ANY THIRD PARTIES' SITES LINKED OR ACCESSIBLE BY USING THE APPLICATION AND/OR ANY OF THE SERVICES, AND DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN CONNECTION THEREWITH.
USING THE APPLICATION AND/OR THE SERVICES MAY INVOLVE CONTENT OR LINKS TO SITES OR ACCESSIBILITY TO SITES THAT SOME PEOPLE FIND INDECENT, OBJECTIONABLE, INAPPROPRIATE, OR OFFENSIVE. BUYCODE CANNOT GUARANTEE THAT THE USE OF THE SERVICES WILL NOT LOCATE UNINTENDED OR OBJECTIONABLE CONTENT.
BUYCODE IS NOT RESPONSIBLE FOR THE CONTENT, REPRESENTATIONS, DESCRIPTIONS OR OPINIONS EXPRESSED IN SUCH CONTENT OR WEBSITES, AND SUCH CONTENT AND WEBSITES ARE NOT INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY BUYCODE. INCLUSION OF ANY LINKED WEBSITE IN THE APPLICATION AND/OR THE SERVICES, OR ANY WEBSITE ACCESSIBLE BY USING THE APPLICATION AND/OR ANY OF THE SERVICES (, DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY BUYCODE.
11.1. Governing Law and Jurisdiction
11.2. Entire Agreement
Copyright © 2013, BuyCode. Inc. All Rights Reserved.