CargoBooking Mobile App End User Licence Agreement ("EULA")
Please read these licence terms carefully
1. Who we are and what this EULA does
1.1 "We", "us" or "our" means Awery Software FZ-LLC. Our main trading address is at Al Jazirah Al Hamra, RAKEZ Business Zone-FZ, Ras Al Khaimah, UAE.
1.2 We license you to use, as permitted by this EULA:
1.2.1 the "CargoBooking" mobile device application software, together with any related electronic documentation and any updates or supplements to it ("App"); and
1.2.2 the services you connect to via the App and the content we provide to you through it ("Services").
2. Other terms you agree to
2.2 The Services shall be governed by our CargoBooking Portal Terms and Conditions.
2.3 The ways in which you can use the App may also be controlled by the relevant app-store’s rules and policies, which are available in the app-store.
3. How you may use the App
3.1 The App requires a device with a minimum of 150MB of memory and the iOS 8.0 or Android 4.1 operating systems.
3.2 In return for your agreeing to comply with this EULA you may:
3.2.1 download a copy of the App onto your mobile device and view, use and display the App and the Service on such devices for your internal business purposes only; and
3.2.2 receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
4. Our obligations
4.1.1 do not warrant that your use of the App shall be uninterrupted or error-free, or that the App shall meet your requirements;
4.1.2 may, at our absolute discretion, from time to time either host the App on our own servers or use third party suppliers to do so in whole or in part. You acknowledge that we may from time to time without prior notice and without the need for prior agreement provide reasonable additional obligations or requirements on you or reasonably restrict your rights due to the requirements of the third-party suppliers; and
4.1.3 are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, and you acknowledge that the App may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
4.2 The App or the Services may contain links to other independent websites which are not provided by us. Such independent websites are not under our control, and we are not responsible for and have not checked and approved their content or their terms and conditions or privacy policies (if any). You must make your own independent judgement about whether to use any such independent websites, including whether to buy any products or services offered by them.
4.3 The transmission of any data or information via the Internet is not completely secure. Although we shall do our best to protect any data or information you submit to the App, we cannot guarantee the security of that data or information; any transmission is at your own risk. Once we have received the data or information, we shall use strict procedures and security features to try to prevent unauthorised access.
5. Your obligations
5.1 You are exclusively responsible for the legality, reliability, integrity, accuracy and quality of any data that you add, submit or upload to the App.In providing any such data or information, you hereby acknowledge and agree that we shall copy, exploit, process, store, transmit and otherwise use all such data, information and other Material (whether personal or non-personal) only for the purposes of and to the extent required for:
5.1.1 providing the Services and facilitating bookings via the App and other portals affording access to our CargoBooking platform;
5.1.2 managing our relationships with you and/or providers of air cargo carrier services;
5.1.3 administering and protecting our business, our CargoBooking platform, the App, any of our other portals affording access to our CargoBooking platform, the Services and/or any of our other related products and services (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);
5.1.4 delivering relevant content to you and measuring or understanding the effectiveness of the content we deliver to you;
5.1.5 using data analytics to improve our Cargo/Booking platform, the App, any of our other portals affording access to our CargoBooking platform, the Services and/or any of our other related products and services;
5.1.6 making suggestions and recommendations to you about products or services that may be of interest to you; and
5.1.7 generating, using and sharing aggregated, anonymised data such as statistical or demographic data for any purpose(s) relating to our CargoBooking platform, the App and/or any of our other portals affording access to our CargoBooking platform, the Services and/or any of our other related products and services.
5.2 You must:
5.2.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
5.2.2 not copy the App or the Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
5.2.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or the Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in this EULA;
5.2.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program ("Permitted Objective"), and provided that the information obtained by you during such activities: (i) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; (ii) is not used to create any software that is substantially similar in its expression to the App or the Services; (iii) is kept secure; and (iv) is used only for the Permitted Objective; and
5.2.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or the Services.
5.3 You must not:
5.3.1 use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, the Services or any operating system;
5.3.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or the Services, including by the submission of any material;
5.3.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Services;
5.3.4 not use the App or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
5.3.5 not collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services.
5.4 We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Services.
5.5 The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services meet your requirements.
5.6 If you download the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You shall be responsible for complying with this EULA, whether or not you own the phone or other device.
6. Technical and location data we collect
6.1 By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and services and to better provide any Services to you.
6.2 The Services may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and traffic-based products and services.
6.3 You may stop us collecting such data at any time by turning off the location services settings on your device.
7. Intellectual property rights
All intellectual property rights in our CargoBooking platform, the App, any of our other portals affording access to our CargoBooking platform, the Services and any of our other related products and services throughout the world belong to us (or our licensors) and the rights in our CargoBooking platform, the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, our CargoBooking platform, the App or the Services other than the right to use them in accordance with this EULA, and you shall treat any and all data or information of any particularprovider of air cargo carrier services, which is made accessible or otherwise available to you via our CargoBooking platform, the App and/or the Services,as commercially sensitive or otherwise confidential in nature and, as such, with the same degree of confidentiality, secrecy and security as you would your own confidential data or information.
8.1 We accept and in no way exclude or limit liability for:
8.1.1 death or personal injury caused by negligence;
8.1.2 fraud or fraudulent misrepresentation; and
8.1.3 any other liability that we cannot exclude or limit at law.
8.2 Subject to paragraph 8.1 above, and to the extent permitted by law, in all cases other than in respect of services we provide to a specific customer (which shall be governed by separate contractual terms of engagement), in relation to your use of or inability to use, or delay in use of, or reliance on any content on, the App or any material in it or accessible from it or from any action or decision taken as a result of using the App or any such material:
8.2.1 our maximum liability (whether in tort, contract, misrepresentation, negligence, restitution or under any other legal head of liability) shall be limited to the greater of: (i) £5000; or (ii) the actual proceeds received by us under our relevant insurance policy or policies in respect of the liability in question; and
8.2.2 we shall not have any liability (whether in tort, contract, misrepresentation, negligence, restitution or under any other legal head of liability) for any: (i) indirect or consequential losses, damages, costs or expenses; (ii) loss of actual or anticipated profits; (iii) loss of contracts; (iv) loss of use of money; (v) loss of anticipated savings; (vi) loss of revenue; (vii) loss of goodwill; (viii) loss of reputation; (ix) loss of business; (x) ex gratia payments; (xi) loss of operation time; (xii) loss of opportunity; (xiii) loss caused by the diminution in value of any asset; or (xiv) loss of, damage to, or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of such losses being incurred. For the avoidance of doubt, (ii) to (xiv) (inclusive) of this paragraph 8.2.2 apply whether such losses are direct, indirect, consequential or otherwise.
8.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App or any content on it, whether express or implied.
8.4 If our provision of the Services or support for, or access to, the App or the Services is delayed or suspended by an event outside our control, we shall contact you as soon as possible to let you know and we shall take steps to minimise the effect of such event.
9. Duration of this EULA
9.1 This EULA shall commence on the date on which you download the App and accept the terms of this EULA. This EULA shall continue until you delete the App, or we otherwise terminate this EULA and your right to use the App.
9.2 Without prejudice to any of our rights or remedies, whether under this EULA or at law, we may terminate this EULA for any reason with immediate effect by giving you notice.
9.3 If we terminate this EULA, or you delete the App:
9.3.1 you must stop all activities authorised by this EULA, including, but not limited to, your use of the App;
9.3.2 you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and
9.3.3 we may remotely access your devices and remove the App from them and cease providing you with access to the Services.
9.4 Termination of this EULA shall not affect any rights, remedies, obligations or liabilities of us or you that have accrued up to the date of termination, including the right to claim damages in respect of any breach of this EULA which existed at or before the date of termination.
10. Changes to this EULA
10.1 We may need to change this EULA from time to time. We shall give you inform you of any change when you next start the App.
10.2 If you do not accept the changes, you shall not be permitted to continue to use the App and the Services.
11. Update to the App and changes to the Service
11.1 From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to operating systems or address security issues. Alternatively, we may ask you to update the App for these reasons.
11.2 If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App and the Services.
A waiver of any right or remedy under this EULA is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party 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.
13. Rights and Remedies
Except as expressly provided in this EULA, the rights and remedies provided under this EULA are in addition to, and not exclusive of, any rights or remedies provided by law.
14.1 If any court or competent authority finds that any provision of this EULA (or part of any provision) 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.
14.2 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.
15. Entire agreement
15.1 This EULA constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
15.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this EULA. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this EULA.
You must not assign, transfer, charge or otherwise encumber, create any trust over, or deal in any manner with, this EULA or any right, benefit or interest under it, nor transfer, novate or sub-contract any of your obligations under it, without our prior written consent (such consent not to be unreasonably withheld or delayed).
17. No partnership or agency
Nothing in this EULA is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
18. Third party rights
This EULA does not confer any rights on any person or party (other than the Parties to this Agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
19.1 Any notice given to either party under or in connection with this EULA shall be in writing, addressed to the relevant party at its registered office or such other address as that party may have specified to the other party in writing, and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier or email.
19.2 A notice shall be deemed to have been received: if delivered personally, when left at the address referred to in paragraph 19.1 above; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second normal working day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if by email, on the next normal working day in England after transmission.
19.3 The provisions of this paragraph 19 shall not apply to the service of any proceedings or other documents in any legal action.
20. Governing law and jurisdiction
20.1 This EULA and any dispute or claim arising out of or in connection with it or its subject matter (including, without limitation, non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.
20.2 The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this EULA or its subject matter.