myGaru End User Terms

Introduction

These End User Terms are a legal agreement between you ("you") and myGaru in relation to your use of the myGaru Service. Please read these End User Terms carefully before using the myGaru Service.

You must be at least 18 years of age to use the myGaru App and the Service.

By clicking on the "I accept" button below, you agree to be bound by these End User Terms and that you are at least 18 years of age. If you do not agree to these End User Terms, do not click on the "I accept" button and delete and uninstall the myGaru App.

These End User Terms also apply to any updates or supplements to the myGaru App and/or the Service, unless they come with separate terms, in which case those terms will apply.

These End User Terms are in four parts:

  • Part A: Definitions
  • Part B: myGaru App Licence
  • Part C: General Terms

Part A: Definitions

End User Authorisation means the authorisation you may provide to myGaru to exercise certain of your legal rights in accordance with the [next page].

End User Terms means together, all parts of these terms and conditions.

Intellectual Property Rights means rights in patents, designs, computer programs, copyright, moral rights, database rights, trade marks, service marks, trade and business names, brand names, get-up, logos, domain names, URLs, trade secrets, confidentiality and other proprietary rights including rights to know-how and other technical information (in each case whether registered or unregistered and including applications to register any of the foregoing) and all rights in the nature of any of the foregoing anywhere in the world.

Licence Period means the period from when you click "I accept" until the earlier of (a) you deleting the myGaru Application or (b) the Service terminating in accordance with these End User Terms.

myGaru, us or we means myGaru Technologies Limited, a company incorporated in England and Wales (company number: 11839392) with its registered address C/O Fieldfisher Riverbank House, 2 Swan Lane, London, United Kingdom EC4R 3TT.

myGaru App means the myGaru mobile application available in applicable mobile app stores.

Service means the services provided by myGaru through the myGaru App.

User Credentials means information such as username, password and other information that may be provided by you on registration for the Service.

you and your means the person who has registered to use the Service.

Part B: myGaru App Licence

1. Licence Terms

  1. 1 Subject to your compliance with the End User Terms, myGaru grants you a limited, personal, royalty-free, non-exclusive, non-sublicensable and non-transferable licence to use the myGaru. Your licence begins when you click "I accept" and continues for the Licence Period.
  1. 2 You agree that the myGaru App is designed for consumer end-user use and is not designed for commercial use. Therefore, your use of the myGaru App is subject to any use restrictions determined by myGaru from time to time and those contained in these End User Terms.
  1. 3 Your use of the myGaru App under these End User Terms is also subject to any terms, rules or policies of any app store provider and/or operator (App Store Provider) from whom you have downloaded the myGaru App (App Store Terms). You may download and install the myGaru App only through authorised App Store Providers. In the event of any conflict between these End User Terms and any App Store Terms, the App Store Terms will prevail. You and we acknowledge and agree that the relevant App Store Provider may be a third party beneficiary under these End User Terms and may have the right to enforce these End User Terms against you directly.

2. Intellectual Property Rights

2. 1 You acknowledge that all legal right, title and interest in and to the myGaru App, including any Intellectual Property Rights subsisting therein, belong to us or our licensors, that rights in the myGaru App are licensed (not sold) to you, and that you have no rights in, or to, the myGaru App other than the right to use it in accordance with these End User Terms.

2.2 In the event that anyone brings a claim that the myGaru App or any part of it, or your possession and/or use of it, infringes a third party's Intellectual Property Rights, we or our licensors will be responsible for the investigation, defence, settlement and discharge of any such claim.


2.3 Use of any components of the myGaru App licensed under an open source software licence are governed solely by the terms of that open source software licence and not these End User Terms. You are not licensed to, and you agree that you will not, combine any non-open source component of the myGaru App with any software licensed under the GNU General Public Licence, the GNU Lesser General Public Licence, or any other open source licence terms such that it that could require the release in source code form of non-open source components of the myGaru App.


2. 4 Nothing in these End User Terms gives you a right to use any of my Garu's trade names, trade marks, service marks, logos, domain names or other distinctive brand features. You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be contained in the myGaru App

3. Permitted Use and Restrictions

3.1 Except as described in these End User Terms or as permitted by any local law, you agree (a) not to copy the myGaru App except where such copying is incidental to normal use, or where it is necessary for the purpose of back-up, (b) not to rent, lease, sub-license (i.e. grant anyone else the permission to use), loan, translate, merge, adapt, vary or modify the myGaru App (or any part of it), (c) not to, nor attempt to, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the myGaru App, and (d) not to provide or otherwise make available the myGaru App in whole or in part in any form to any person without prior written consent from us.


3.2 You must not use the myGaru App (a) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the myGaru App or any operating system used by the myGaru App, (b) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, (c) to collect or harvest any information or data from the myGaru App or our systems or attempt to decipher any transmissions to or from the servers running the myGaru App, (d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these End User Terms, (e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam), or (f) to share any personal data that is not your own or that you know or suspect to be inaccurate.

4. Third Party Sites and Services

4.1 The myGaru App may contains links to enable access to third party services, promotions and applications or allow you to share content directly with other Third Party services ("Third Party Services"). You acknowledge that we have no control over the Third Party Services and that we are not responsible for their contents, accuracy and/or availability.


4.2 We do not endorse the content, promotions or other material contained in the Third Party Services and have no association with their operators or promoters. Your use of the Third Party Services will be governed by their terms and conditions and privacy policies (if any) ("Third Party Terms"). It is your responsibility to read and comply with the Third Party Terms.

5. Updates, Changes and Suspension

5.1 From time to time we may issue updates to the myGaru App. Depending on the update, you may not be able to use the myGaru App until you have downloaded and installed the latest version of the myGaru App and accepted any new terms. Some updates may not be available to certain models of device. In order to use the myGaru App, you may be required to obtain certain updates and/or upgrades to your device. You are responsible for any costs and/or fees associated with any such updates/upgrades. You also understand and accept that (a) the device you use to access the myGaru App will require certain software in order for the myGaru App to work correctly and it is your responsibility to ensure that you have the required up-to-date software, and (b) the myGaru App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the functionality of the myGaru App meets your requirements.


5.2 You may only download and install the myGaru App onto a device that you own, or if you do not own the device, you must have the permission from the owner(s) to do so. You accept responsibility under these End User Terms for the use of the myGaru App, whether or not you own the device onto which the myGaru App is downloaded and installed. You also acknowledge that the owner(s) of the device onto which the myGaru App is installed may be charged by any relevant mobile network operator and/or internet service provider in relation to any data and/or mobile connectivity used by the myGaru App.


5.3 Access to the myGaru App may be suspended temporarily and without notice (a) in the case of system failure, (b) for maintenance or repair, (c) where we reasonably suspect there has been a breach of these End User Terms, (d) for reasons outside of our control, or (e) as otherwise explained in these End User Terms.

Part C: General Terms

1. User Credentials

1.1 When you register for Service you may be asked to create your User Credentials. If so, you are responsible for all use of the Service associated with your User Credentials.


1.2 You must keep your User Credentials and any other authentication information confidential. You must not disclose it to anyone else. If you know or suspect that anyone other than you knows your User Credentials or any other authentication information, you must promptly notify us using the contact details below. We are not responsible for any losses or liabilities arising out of or in connection with any unauthorised use of the myGaru App.


1.3 We have the right to disable any User Credentials or other authentication information whether chosen by you or allocated by us at any time if in our reasonable opinion you have failed to comply with any of these End User Terms.

2. Privacy

Our privacy notice (as updated from time to time), which is available from within the myGaru App (the Privacy Notice), explains how your personal information will be collected and used as well as other information regarding your privacy (such as how you can adjust your privacy settings).

3. Payment

3.1 If you choose to subscribe to the Service, you will receive rewards based on the information you share with our third party partners and affiliates ("Brands"). These rewards will be determined by the Brands and issued to you by us to the credit or debit account you register on the myGaru App. You acknowledge and agree that myGaru will deduct a share of any rewards issued by a Brand. You agree that we are not responsible for determining any rewards and we have no liability to you in connection with rewards. You understand and acknowledge that any taxes, bank charges, administration fees or any other charges associated in any way with the rewards (including claiming or withdrawing such rewards) that are levied by your bank or payment provider or other similar third party or imposed by tax authorities, shall be borne by you and myGaru will have no liability in respect of the same.


3.2 You represent that you are authorised to use the credit or debit card details that you register on the myGaru App in order to purchase rewards. You are subject to validation checks and authorisation by the card issuer. We will store your credit or debit card details with a level of security consistent with good industry practice.

4. Disclaimer and Limitation Of Liability

4.1 We provide the myGaru App on an "as is" and "as available" basis. We make no guarantee that the myGaru App will be secure, uninterrupted, error free, or free from viruses or other harmful components. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content in the myGaru App is accurate, complete or up-to-date. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the myGaru App, whether express or implied.


4.2 We only provide the myGaru App and the Service for domestic, personal and private use. You agree not to use the myGaru App or the Service for any commercial, business or resale purposes. You agree only to use the myGaru App and the Service in connection with your own personal data only. You agree that we have no liability to you for any loss of profit, loss of revenue loss of business, business interruption, loss of business opportunity, loss of or corruption to data or any indirect, special or consequential loss or damage. We also do not accept any liability or responsibility for any loss (howsoever caused) arising out of or in connection with: (a) any damage to your device, or (b) any reliance placed on any content displayed on the myGaru App.



4.3 This section applies if you choose to authorise myGaru to exercise any of your legal rights pursuant to the End User Authorisation. You acknowledge that (a) some of your rights are qualified, meaning that they are not absolute rights and the legal rights of a third party may override your rights, (b) we cannot control whether a third party that processes your personal data complies with any request or attempt by us to exercise your rights, (c) we have no obligation to exercise (or attempt to exercise) your rights and we may be unable to do so for reasons beyond our control, and (d) we give no guarantee regarding the exercise (or failure to exercise) your rights. You agree that we have no liability to you in connection with exercise (or failure to exercise) your rights under the End User Authorisation.


4.4 Our maximum total liability under or in connection with these End User Terms, the Service and the myGaru App whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the fees you have paid for the Service or, if you have paid no fees, £10 (ten pounds sterling).


4.5 Nothing in these End User Terms will limit or exclude our liability for (a) death or personal injury resulting from our negligence, (b) fraud or fraudulent misrepresentation, and/or (c) any other liability that cannot be excluded or limited by English law. Nothing in these End User Terms restricts your legal rights as a consumer.

5. Termination

5.1 We may terminate these End User Terms and your permission to use the myGaru App and the Service immediately if (a) you commit any breach of these End User Terms, (b) we discontinue the myGaru App, or (c) we are prevented from providing the myGaru App for any reason.


5.2 We reserve the right to change, edit, suspend, delete and/or cancel any part of the myGaru App and/or the Service (and/or your access to the same) at any time with or without notice to you (a) if required by law or if we decide to following legal advice, (b) due to an event beyond our control, (c) we no longer provide the myGaru App or Service, or (d) as a result of changes, cancellations or revocation of approval by any applicable App Store Provider.


5.3 On termination of these End User Terms for any reason (a) all rights granted to you under these End User Terms will immediately cease, (b) you must immediately cease all activities authorised by these End User Terms (including your use of the myGaru App and the Service), (c) you must immediately uninstall and remove the myGaru App from your device(s), and (d) you acknowledge that we may restrict your access to the myGaru App and/or remove it from your device. Please see the Privacy Notice for information on how we will treat your personal information on termination of these End User Terms.

6. Contact Us

If you wish to contact us in writing, or if any condition in these End User Terms requires you to give us notice in writing, you can send this to us by e-mail at info@mygaru.com. If we have to contact you or give you notice in writing, we will do so by e-mail using the contact details you provide to us.

7. Changes to Terms

We may change these End User Terms at any time. Your continued access to or use of the myGaru App and the Service after such a change signifies your acceptance of the updated or modified End User Terms. We may (but are not obliged to) email registered users about any material changes to the Terms and we may notify you of a change to these End User Terms when you next start the myGaru App. The new terms may be displayed on-screen via the myGaru App and you may be required to agree to them to continue your use of the myGaru App. The date these End User Terms were last updated appears at the bottom of these End User Terms.

8. Force Majeure

If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, our inability or delay in performing our obligations will not be deemed to be in breach of these Terms. Examples of such events and circumstances include fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.

9. Assignment

You may not sell, assign or transfer any of your rights or obligations under these End User Terms. myGaru is permitted to assign or transfer its rights and obligations under the myGaru End User Terms upon notice to you by placing a notice on the myGaru Site.

10. Entire Agreement

10.1 These End User Terms (together with the End User Authorisation) constitute the entire agreement and understanding between you and us relating to the subject matter of these End User Terms and supersede any prior agreement or understanding between you and us relating to the subject matter of these End User Terms.


10.2 You acknowledge that you have not entered into these End User Terms in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in these End User Terms (other than in respect of any fraudulent misrepresentation).

11. Waiver

If we fail to insist that you perform any of your obligations under these End User Terms, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

12. Survival

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these End User Terms is invalid, then that provision will be removed from these End User Terms without affecting the rest of the End User Terms. The remaining provisions of the End User Terms will continue to be valid and enforceable.

13. Third Parties

You acknowledge and agree that each member of the group of companies of which myGaru is a member shall be third party beneficiaries to these End User Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these End User Terms that confers a benefit on (or rights in favour of) them. Other than this, no other person shall be a third party beneficiary to the myGaru End User Terms.

14. Law and jurisdiction

These End User Terms and any non-contractual obligations arising in connection with them are governed by and construed in accordance with the law of the territory in which you are based (being either England and Wales, Scotland or Northern Ireland), and the courts of that territory shall have exclusive jurisdiction to determine any dispute arising in connection with these End User Terms, including disputes relating to any non-contractual obligations
These End User Terms were last updated on June 4th, 2019.