This end user licence agreement (the “EULA”) applies to the Converse mobile software application (“the App”). It binds the person who makes use of the App (“the User”). The App is owned by Skye Distribution (Pty) Ltd, a company registered in South Africa (“the Licensor”).
The User must read the provisions of this EULA carefully if the User wishes to make use of the App.
By making use of the App, the User agrees to be bound by this EULA. The User acknowledges that the User has read this EULA, and that the User accepts the terms and conditions of this EULA and any amendments made to it by the Licensor from time to time. If the User does not agree and accept the terms and conditions of this EULA, the User should not make any use of this App in any manner.
The Licensor reserves the right to amend and/or amplify this EULA or any of its provisions from time to time. By continuing to use the App, the User agrees to keep itself up-to-date with the latest version of this EULA, and to such amendments and/or amplifications to this EULA. The User shall automatically be bound by any amendments and/or amplifications of this EULA, whether or not the Licensor to any action to inform the User of such amendments and/or amplifications.
GRANT OF RIGHTS AND USE OF THE APP
The Licensor grants to the User the rights to use the App, upon acceptance of the terms and conditions of this EULA.
The rights granted to the User in this EULA are personal, revocable, non-transferable, limited and non-exclusive.
In order to make use of the App, a User must log-in via their social media profile. By logging in through such profile, the User consents to the Licensor accessing the User’s name and email address as well as such information as may be publicly available on the User’s applicable social media profile.
APP ENHANCEMENTS AND SUPPORT
Although the User may be granted access to App enhancements, upgrades, later releases or versions, the User shall have no general right thereto. These shall be made available in the sole and absolute discretion of the Licensor.
The User agrees that the App may automatically download and install enhancements or upgrades and the User consents to such downloading and installation.
The User shall have no general right to support in respect of the App. The Licensor may, in its discretion, make support available by way of video tutorials, email correspondence, a manual and online user forums.
PROHIBITIONS
The User shall only use the App in compliance with all applicable laws, rules and regulations.
The User shall not sub-license the App or the rights granted to the User by way of this EULA.
The User may not:
translate, adapt, vary, modify, disassemble, decompile or reverse engineer the App;
create derivative works based on the App;
copy or reproduce the App or other materials relating to the App, except as provided for in this EULA;
download, install, access, transmit, load, copy or use the App on any devices other than the device designated by the Licensor;
use the App otherwise than in compliance with the provisions of this EULA;
sell, transfer, distribute or make the App or any copies thereof available to any other party;
alter or remove any notices or trade marks on the App.
PROMOTIONS AND COMPETITIONS
The App allows the User to perform tasks in order to earn stars. Details regarding these tasks will be explained on the App from time to time. The stars will not constitute any form of consideration, currency, credit or loyalty points and can only be used to participate in promotions and competitions, as explained below. The Licensor reserves the right to determine a period during which the stars will be valid and at the end of which the stars will expire.
From time to time, the User may participate in promotions and competitions being run on the App. In order to participate, the User may be required to use a specified number of stars earned by them. Each promotion and competition will be governed by such terms and conditions as may be specified by the Licensor on the App and, by participating, the User agrees to and undertakes to adhere to such terms and conditions.
INTELLECTUAL PROPERTY
The User acknowledges that any and all copyright, trade marks, trade names and other intellectual property (“Intellectual Property”) subsisting in or to the App are and shall remain the sole property of the Licensor, Converse, Inc or third parties. The User shall not during or at any time after the expiry or termination of this EULA in any manner, question or dispute the applicable proprietor’s ownership of the relevant Intellectual Property.
Converse graphics, logos, page headers, button icons, scripts and service names are the property of Converse, Inc, Converse or their licensors, as the case may be. Converse trademarks and trade dress may not be used without prior written authorisation or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the relevant proprietors. All other trademarks not owned by Converse that appear on the Website are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by us. The User may not use such trade marks without prior written consent from the relevant owners.
The User agrees:
not to use or register any trade marks, trade names or other devices which are or incorporate marks which are the same as or confusingly similar to the trade marks used in relation to the App (the “Trade Marks”) or which marks are likely to be related with to the Trade Marks or where such use would take unfair advantage of or be detrimental to the distinctive character or the reputation of the Trade Marks;
not at any time to do or cause to be done any act or thing in any way that will impair or tend to impair any part of Licensor’s rights, title and interest in and to the Intellectual Property; and
not in any way to make unauthorised use of the Intellectual Property or to represent that the User has any rights of any nature in the Intellectual Property or any registrations thereof.
The content of the App, including but not limited to any pictures, photos, text, presentations, names, titles, brands, drawings, models and associated software are protected by South African and international law. The owners of such content reserve all such rights therein unless provided otherwise in this EULA. The User must not use or apply, alter, or modify, for commercial or other purposes, any information, material or data contained in the App, without the prior written consent of the Licensor.
DURATION AND TERMINATION
This EULA will commence from the date on which the User commences any use of the App. This EULA and the User’s rights to use the App shall terminate upon the Licensor terminating the User’s use of the App and/or this EULA.
The Licensor shall, in its sole discretion, be entitled to terminate the User’s use of the App and/or this EULA at any time, and shall not be required to give any reasons to the User as to why the Licensor elects to terminate this EULA.
WARRANTIES AND LIABILITY
The User acknowledges that the App in general is not error free.
To the extent permitted by law, the Licensor will have no liability for any loss, damage, cost, expense, injury, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with this EULA, the designated device or the App, whether caused by latent or patent defects in the App and/or designated device, or the use of the App and/or designated device otherwise.
The Licensor shall not be liable and the User hereby indemnifies Licensor against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by the User or any third party in relation to any act or omission of the User in relation to the App and/or the designated device, or the use thereof or arising from the provisions of this EULA and/or arising from the provisions of this EULA.
The User agrees that if incorrect data is captured using the App, or if data is captured incorrectly, the results generated by the App will be incorrect. The Licensor shall not be responsible for incorrect data captured, or data captured incorrectly, using the App.
Except to the extent expressly provided for in this EULA, the Licensor gives no warranties or representations, whether expressed or implied, in relation to the App, or the designated device, except for the manufacturing warranties relating to the designate device.
PRIVACY
Certain information about or relating to the User can be automatically obtained by the Licensor as the User makes use of the App. The Licensor may use, process or store such information for purposes relating to the functioning of the App and the User consents to such use, processing and storage.
The User may provide the Licensor with the User’s personal information in the course of using the App. The User consents to the Licensor using such information for purposes of developing and enhancing the App and/or for the purposes for which the information is disclosed.
The User agrees that the Licensor may send notifications or other information or material relating to the App or the Licensor to the User.
In order to participate in promotions and activities made available on the App, the User may use certain functions provided by the App in order to share and post content on the User’s social media profiles. By making use of such functions, the User consents to the sharing and posting of such content.
The Licensor and its providers or partners may collect, maintain, process and use the User’s location data, including the real-time geographic location of their mobile device as necessary to provide the App’s full functionality. By using or activating any location-based services on their mobile device, the User agrees and consents to the Licensor’s and such other parties’ collection, maintenance, publishing, processing and use of the User’s location data to provide them with such services. The User may withdraw this consent at any time by turning off the location-based feature on their mobile device or by not using any location-based features. Turning off or not using these features may impact the functionality of the App.
The Licensor shall take reasonable steps and precautions to ensure that third parties do not have access to data captured by the User by way of the App.
GOVERNING LAW
The entire provisions of this EULA shall be governed by and construed in accordance with the laws of South Africa. Furthermore, the Parties hereto hereby irrevocably and unconditionally consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Pretoria, in regard to all matters arising from this EULA.
GENERAL
The Licensor shall not be bound by and the User shall not have any claim or right of action arising from any express or implied term, undertaking, representation, warranty, promise or the like which is not included or recorded in this EULA whether it induced the contract and/or whether it was negligent or not.
The User shall have no right to rely on any variation, amendment or cancellation of this EULA or any provision or term hereof nor the settlement of any disputes arising under this EULA, unless reduced to in writing and signed by the Licensor. No extension of time, waiver or relaxation or suspension of any of the provisions or terms of this EULA shall be binding on the Licensor unless reduced to writing and signed by or on behalf of the Licensor. Any such extension, waiver or relaxation or suspension which is so given or made shall be construed as relating strictly to the matter in respect of which it was made or given.
No extension of time or waiver or relaxation of any of the provisions or terms of this EULA shall operate as an estoppel against the Licensor in respect of its rights under this EULA.
No failure by the Licensor to enforce any provision of this EULA shall constitute a waiver of such provision or affect in any way the Licensor’s right to require the performance of such provision at any time in the future, nor shall a waiver of a subsequent breach nullify the effectiveness of the provision itself.
Except as provided for under this EULA, the User shall not cede any of its rights or delegate any of its obligations under this EULA without the prior written consent of the Licensor.
If any clause or term of this EULA should be invalid, unenforceable, defective or illegal for any reason whatsoever, then the remaining terms and provisions of this EULA shall be deemed to be severable and shall continue in full force and effect unless such invalidity, unenforceability, defect or illegality goes to the root of this EULA.
