Dealtaps, an online platform, owned and operated by
then please contact us at Dealtaps LLC (hereinafter referred to as the “Application” or “App” or "We" or "Us" or "Our"),with its office located at 255 W 5th Street Suite 1610 San Pedro, CA 90731.
The Company provides this downloadable online platform for users (hereinafter referred to as “You” or “Your”) as a direct shopping center source for all their needs. The app is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
By using the services of our app, users agree to comply with and be legally bound by these terms and conditions. These Terms govern users’ access to and use of our app, its Services, all Collective Content and constitute a binding legal agreement between users and our app.
The use of our app’s services constitutes user’s consent to, and agreement to, abide by the most current version of these terms and conditions (the "Terms"). Our app may at any time revise these terms and conditions by updating the Terms. Users agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for users’ review under the "Terms" link that appears on the homepage of our app.
Our app reserves the right to initiate legal proceedings and recover the cost of services, collection charges and lawyers fees from users using our app fraudulently and any other unlawful acts or acts or omissions in breach of these terms and conditions.
IN USING OUR APP, USERS ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. USERS AGREE TO USE THE SERVICES OF OUR APP ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT USERS’ OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND OUR APP.
1.1 “Dealtaps” shall mean the downloadable application which acts as a direct shopping center source for all their needs. The services of this App are available on a global basis.
1.2 “Users” shall mean the individuals who download our app in order to use/access services provided by our App. Users shall also be referred to as Members and/or registered Users once they download our app.
1.3 “Content” shall mean text, graphics, images, music, audio, video, information or other materials.
1.4 “User content” shall mean all Content that a User posts, publishes, submits or transmits to be made available through our App.
1.5 “Dealtaps Content” shall mean all Content that our App makes available, including any Content licensed from a third party, but excluding User Content.
1.6 “Services” shall mean the direct shopping center source facility made available to users via our app and all other services provided to users via our app.
1.7 “Third parties” shall mean any outside parties which are not a part of our App.
2. ELIGIBILITY OF MEMBERSHIP:
2.2 Our app reserves the right to provide you with access to the app if we discover that you are under the age of 18 years. The app is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever.
3.1 The official language of these terms shall be English.
3.2 The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
3.3 In case there exists a machine readable version of this agreement, arises a conflict with the human readable version, the later shall prevail.
4.1 Our app offers its users to find/discover their favorite stores. By this feature, users will no more be lost wondering a shopping complex ever again. Users can simply tap to find the stores they love or discover the next best thing by using our app.
4.2 By using our app, Users can stop spending their time looking for deals. In fact users can use our app to browse for all the hot sales around them and can search by product category in order to find deals for all their needs.
4.3 Our app will make available a QR code in front of your favorite store which you are required to scan and take advantage of exculsive offers by scanning a Dealtaps QR code.
4.4 OUR APP REAFFIRMS THAT IT DOES NOT ACCEPT ANY LIABILITY FOR ANY CONDUCT, ACTION, OMMISSION OR TRANSACTION COMMITTED BY USERS AND IT ONLY ACTS AS A FACILITATOR AND NO SALE/PURCAHSE TAKES PLACE ON OUR APP. THE USERS REPRESENT AND WARRANT THAT THEY ARE USING THE SERVICES OF OUR APPLICATION AT THEIR OWN RISK.
5. USERS CONDUCT:
5.1 You may access and use our App solely for your personal, noncommercial use. Except as expressly authorized hereunder, our App may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue our App, in whole or in part, at any time in our sole discretion.
5.2 Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our App, including any images, text, graphics, sounds, data, links and other materials incorporated into our App (other than your User Submitted Materials), solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our App or create derivative works of any portion our App without our written consent. While using our App, you agree not to:
a) Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others' privacy rights or rights of publicity;
b) Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
c) Restrict or inhibit any other user from using our App, including, without limitation, by means of "hacking" or defacing any portion our App;
d) Violate any applicable laws or regulations;
e) Upload to, transmit through, or display on our App (feedback etc.) (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
f) Engage in spamming;
g) Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
h) Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our App; and
i) Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our App.
5.3 If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and, in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our App.
6. USE OF THE APP:
6.1 You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
6.2 You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the app or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the app or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the app. We reserve our right to bar any such activity.
6.3 You shall not attempt to gain unauthorized access to any portion or feature of the app, or any other systems or networks connected to the app or to any server, computer, network, or to any of the services offered on or through the app, by hacking, password "mining" or any other illegitimate means.
6.4 ou shall not probe, scan or test the vulnerability of the app or any network connected to the app nor breach the security or authentication measures on the app or any network connected to the app. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to app or exploit the app or any service or information made available or offered by or through the app, in any way where the purpose is to reveal any information other than your own information, as provided for by the app.
6.5 You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of our app or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the app or our systems or networks, or any systems or networks connected to us.
6.6 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the app or any transaction being conducted on the app, or with any other person's use of the app.
6.7 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the app or any service offered on or through the app. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
6.10 We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
All right, title, and interest in and to the App (excluding user content) is and will remain the exclusive property of Dealtaps and our licensors. The App service is protected by copyright, trademark, and other laws of United States of America. Nothing in these Terms gives you a right to use the name of the App or App’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the App or located on the App. Any feedback, comments, and suggestions you may provide regarding the App (“Feedback”) are entirely voluntary and you grant us a perpetual, irrevocable, worldwide, royalty-free license (with the right to sublicense) to use, reproduce, modify, create derivative works of, commercialize, and otherwise freely exploit such Feedback (including, but not limited to, all Rights therein) as we see fit and without any payment or other obligation to you.
9. INTELLECTUAL PROPERTY RIGHTS:
9.1 Our app contains Content owned by Dealtaps. Our app Content is protected by copyright, trademark, patent, trade secret and other laws of United States of America, and our app owns and retains all rights in its Content and the services. From time to time, we may make available to users certain explicitly designated Content for their use, but only for such purposes as may be explicitly stated at the time that our Licensed Elements are made available on our app; but our app and its licensors and certain other third parties, as the case may be, retain ownership of such Licensed Elements. The foregoing limited license: (i) does not give users any ownership of, or any other intellectual property interest in, any of our app Content, and (ii) may be immediately suspended or terminated for any reason, in its sole discretion, and without advance notice or liability. In some instances, we may permit users to have greater access to and use of our app’s Content and/or its Licensed Elements, subject to certain Additional Terms. Users are only granted a limited license, and, as between Users, there is not a sale with respect to our Content.
9.2 Our app respects the intellectual property rights of others and expects users of our app to do the same. Our app will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to our app. If users have a reason to believe that their Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iii) user’s contact information, including their address, telephone number and an email address;
(v) a statement by user that he/she has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and that users are authorized to act on behalf of the copyright owner.
9.3 Our app has the right to remove the Content alleged to be infringing without prior notice, at its sole discretion, and without liability to users. In appropriate circumstances, our app will also terminate user’s access to our app if we determine that the user is a repeat infringer.
9.4 You should assume that everything that you see or read on this app is copyrighted unless otherwise noted and may not be copied, reproduced, distributed, modified, published, downloaded, posted, or transmitted in any way, without the prior written consent of our app or other copyright owner, EXCEPT: You may print copies of the material for your personal, noncommercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. Unless otherwise indicated, all marks displayed on our app are subject to the trademark rights of our app, including our name and Logo, corporate logos and emblems. Modifying, distributing or using for any purpose the material in any of our app which is copyrighted or otherwise protected under intellectual property laws directly violates our intellectual property rights. The material contained in this app is copyrighted, is protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.
You agree to defend, indemnify and hold harmless our app, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our app or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
11.1 This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time, provided that you discontinue any further use of this app or delete our app.
11.2 We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the app, such termination will be without any liability to us.
11.3 Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this app, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our rights to any Comments/feedback shall survive any termination of this User Agreement.
12. FOREIGN JURISDICTION:
The services of our App are available globally. By agreeing to our terms/policy, you warrant that it is completely legal to use our services and App in your country. It is the duty of the user to verify any potential violation. The user agrees to indemnify us or sister companies, employees, agents or any related individual or organization for any liability it might incur in a foreign jurisdiction. Our services shall not be deemed to constitute an offer to sell or serve in countries where it is illegal to do so. We reserve the right to monitor the location from which you access the App and to block access from any jurisdiction in which participation is illegal or restricted
13. MOBILE APPLICATION:
13.3 The following applies to any App Store Sourced Application:
b) You acknowledge that App store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
14. DISCLAIMER AND WARRANTIES:
14.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a) YOUR ACCESS TO AND USE OF THE APP OR ANY CONTENT IS AT YOUR OWN RISK. THE APP AND ALL RELATED SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, PARENT ENTITIES, PARTNERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS (ALL OF THE FOREGOING, COLLECTIVELY, THE “APP ENTITIES”) HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b) THE APP ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE APP, OR ANY CONTENT; (II) ANY HARM TO YOUR DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE APP, OR ANY CONTENT; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, OR ANY UNAUTHORIZED ACCESS TO, ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY THE APP, OR US; AND/OR (IV) WHETHER THE APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
c) THE APP ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR (I) THE AVAILABILITY OR ACCURACY OF WEBSITES OR RESOURCES ACCESSED VIA ANY LINK FROM OUR APP, OR (II) THE CONTENT, PRODUCTS, OR SERVICES ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES.
d) LINKS TO SUCH APP OR RESOURCES DO NOT IMPLY ANY ENDORSEMENT BY THE APP ENTITIES OF SUCH LINKS OR RESOURCES OR THE CONTENT, PRODUCT OR SERVICES AVAILABLE FROM SUCH LINKS OR RESOURCES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF ANY SUCH LINKS OR RESOURCES.
14.2 It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information provided through the app. We do not warrant that the access to app will be uninterrupted or error-free or that defects in app will be corrected.
14.3 This app is controlled and operated from United States of America and our app makes no representation that the services are appropriate or will be available for use in other parts of the World. If you use this app from outside U.S.A, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
14.4 Our app offers services, content and various other functionalities (collectively the "Services") to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. Our app does not make any warranty or representation that a user in one region may also obtain the Services as provided in another region.
14.5 In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
a) Your use of or your inability to use our app, Services and tools;
b) Delays or disruptions in our app, Services, or tools;
c) Viruses or other malicious software obtained by accessing our app, Services, or tools or any site, Services, or tool linked to our app, Services, or tools;
d) Glitches, bugs, errors, or inaccuracies of any kind in our app, Services, and tools or in the information and graphics obtained from them;
14.6 Our app shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, equipment, software, failure of e-mail on account of technical problem or traffic congestion on the Internet thereof, including injury or damage to any user or to any other person's device related to or resulting from participating or downloading materials/information from the app.
15. GOVERNING LAWS AND JURISDICTION:
15.1 These Terms and any action related thereto will be governed by the laws of United States of America.
15.2 Courts at California, USA alone shall have the exclusive jurisdiction in all matters relating to our app and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to our app.
16. RESOLUTION OF DISPUTES AND JURISDICTION:
16.1 Disputes with our app:
a) Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in California, United States of America using the English language in accordance with the Arbitration Rules and Procedures then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of arbitrators in accordance with the Arbitration Rules and Procedures of United States of America.
b) The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith.
c) Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
d) Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
e) Use of our app is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. Users and our app agree that any cause of action arising out of or related to our app (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
17.1 By using the app and Services, you accept that communication with us will be mainly electronic. We will contact you by posting notices on the app and Services.
17.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
17.3 Notice will be deemed received and properly served immediately when posted on the app and Services.
18. LINKS TO OTHER WEBSITES:
Links to third party Websites on this app are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third party Websites and do not control and is not responsible for any of these Websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this app, you do this entirely at your own risks.
19.NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
21.1 You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
22.2 We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
(a) acts of god;
(b) natural disasters;
(g) strikes and lockouts;
(h) civil unrest;
(i) Computer hacking; or
(j) malicious damage.
23. DIGITAL SIGNATURE:
23.1 By using our services, you are deemed to have executed this Agreement electronically, effective on the date you download our app and start using our services. Downloading of app by you constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
23.2 In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the app, you give us permission to provide these records to you electronically instead of in paper form.
23.3 By downloading our app , you consent to electronically receive and access, via notifications on the app, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
23.4 In order to ensure that we are able to provide records and notices to you electronically, you must check the notifications we send on our app.
The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with us. Nothing in this section will prevent us from modifying the terms of these Terms and Conditions and posting such modifications on our app. We reserve the right, in our sole and exclusive discretion, to revise these terms and conditions at any time. All revisions shall be posted on this page. Since you are bound by all revisions made by us, you should review this page each time you connect to our app. It is important that you fully read and understand the terms and conditions you are agreeing to be bound by, when you use this app.
25. ENTIRE AGREEMENT:
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.