Terms Of Services

These terms and conditions (the “Terms”) shall always apply to the use of the Application (as defined in section 1 below), between the user of the Application (“You”) and the provider of the Application; Soogroo Ltd (“Soogroo”), Irish company registration. no. 705041, a company incorporated under the laws of Ireland and whose registered office is in Belmullet, Co. Mayo, Ireland. You may only use Soogroo if you agree to comply with and be bound by the Terms. Please read the Terms carefully before you start using the application, as these will apply to Your use of the Application.

 

1. Definitions

 1.1

“Application” means, in the Terms, Soogroo’s mobile applications named Soogroo and the services provided through the mobile application.

1.2

“Information” means, in the Terms, all images, logotypes, trademarks, videos, copyright protected information and all other information and data that You or anyone else upload and/or publish or in other ways make available for others at or via the Application.

 

2. Registration and user Information 

 

2.1

By registering a user account for the Application, or by upgrading an existing user account to a premium account, You enter into an agreement with Heja, whereupon the Terms enter into force. By doing so, You warrant that You have the legal capacity and are at the legal age, or have the legal consent (e.g. from Your parents), to enter into an agreement that legally bind You to the obligations set forth in the Terms. If You register an organization, You also warrant that You have the legal capacity to accept the Terms on behalf of such organization, and that You have the right to register, represent and act on behalf of such organization.

 

2.2

When you register a user account, you warrant that all information about you and/or the organization is up to date and correct.


 

 

 

2.3

Your login credentials to the application are confidential and you are responsible for keeping them confidential at all times. This includes, for instance, to never reveal them to anyone else.

 

2.4

You agree that You will be solely responsible for any and all access or use of the application that occurs from your account and that Soogroo is authorised to use the registered activity of your account as conclusive evidence that you have accessed and utilized the application.

 


3. Intellectual Property Rights

3.1

All Information, software, equipment, data and other material developed or provided by Soogroo, or its suppliers or affiliates or otherwise used by Soogroo to provide the application, including all intellectual property rights connected thereto, shall remain the sole and exclusive property of Soogroo or its suppliers. You agree to not, except when expressly allowed by the Terms, sell, license, rent, sublicense, modify, distribute, copy, reproduce, transmit, publicly display or perform, publish, adapt, editor or create derivative works of the content of the Application or any other way make such content available for someone else without Soogroo's written consent.

 

3.2

When uploading Information, you are personally responsible for acquiring all necessary rights of use, operation, reproduction, representation, adaptation, disclosing and publishing to the Information. You are not allowed to import or use Information that (i) infringes third party’s intellectual property rights, trade secrets or other rights of any other person or entity, (ii) are incorrect or misleading, (iii) constitutes unauthorized or unsolicited advertising or spamming, (iv) is unlawful, threatening, abusive, harassing, fraudulent, pornographic or otherwise can be interpreted as offensive, (v) imposes an unreasonable or disproportionately (in the sole judgment of Soogroo) large load on Heja’s computing, storage or communications infrastructure or attempts to gain unauthorized access to the Application or other accounts, (vi) contains sensitive personal data, or (vii) contains software viruses or other harmful components.

 

3.3

By publishing information or in other ways make Information available for others at or via the application you give Soogroo an unlimited right to, free of any charge, manage and dispose of the Information by, for example, process, store or copy the Information with purpose to fulfil our commitments.

3.4

Soogroo has the right to, at any time and without prior notice, delete any and all Information or other content in case it infringes third party’s intellectual property rights, trade secrets or other rights of any other person or entity or results in violation of the terms.
 

4. Use

4.1

The application and all other services provided by Soogroo shall be used with common sense, therefore you shall not spam, harass, dishonour or be rude to other users.

 

4.2

You undertake to comply with the applicable instructions, technical specifications and other regulations that Soogroo provides regarding the use of the Application.

4.3

You agree to use the Application solely for its intended purposes stated in the Terms and in accordance with applicable law. When you utilize the Application and all of Soogroo's other services. As a result, you warrant and accept that you:

a) shall not demean, patronize or in other ways violate the rights of anyone else, including Soogroo. There is no tolerance for objectionable content or abusive users.

b) shall not publish or in any other way make available offensive material or other material that is inappropriate, defamatory, infringing, obscene, pornographic, racist, indecent or unlawful;

c) must not assist or contribute in any manner to the transmission of viruses, spam, or anything else that may harm the Application or the property of another user;

 d) You are solely responsible for ensuring that you have the necessary rights to use, upload, publish, and otherwise distribute the Information, and that You understand that it is prohibited to upload, publish, or otherwise distribute Information on the Application for which You do not have the necessary rights;

e) You are not permitted to download, duplicate, make available, copy, distribute, or use in any other manner information that you know or reasonably should know infringes on the rights of a third party.

5. Your Account

5.1

You will have various functions and roles as a registered user of the Application (a "Member"), and you will be tied to an organization/team (a "Group") in most circumstances.

a) As a group owner member (an "Admin"), you will have additional power over a specific Group, such as the ability to add, edit, and delete information.

b) As a group admin member (an "Admin"), you will have additional power over a specific Group, such as the ability to add, edit, and delete information.

 

5.2

You acknowledge that other Members will have the authority to act within the scope of their roles/account types.

5.3

If an unauthorized Owner/Admin has the rights of an Owner/Admin or otherwise controls a specific Group that claims to represent a specific organization/team/group, Soogroo has the right to disable the unauthorized Owner/Admin's connectivity and hand it over to someone approved by the organization/team/group.

5.4

In order to improve and develop the Application, Soogroo has the right to, at any time and without prior notice, change the rights linked to the different types of Members or an Admin.

6. Privacy

6.1

Your privacy and the protection of Your data paramount to us. You acknowledge that You have received and read our Privacy Policy, which is incorporated by reference into these General Terms and Conditions and describes how and why we collect, use, store, disclose, and secure the information You supply to us.

6.2

For Your own safety, we recommend that You never publish Your social ppsn, passport number, bank account number, password or other highly sensitive information (“confidential information”) in the application otherwise than explicitly requested by Soogroo. In case of failure to comply to this recommendation, Soogroo is not responsible for the confidential information posted in the application and shall not be liable for damages directly or indirectly caused by any confidential information that is published.

7. Limitation Of Liability

7.1

Soogroo and our affiliates, assignees, officers, employees, agents or other application users shall not, to the maximum extent permitted by law, be responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages, (including but not limited to, loss of profits, personal injuries, death, goodwill, damaged goods, limitations in use, loss of Information or data) even if a party has been advised of the possibility of such damages. Soogroo and our affiliates, assignees, officers, employees, agents or other application users shall neither be responsible or liable for any compensation, reimbursement, or damages caused in connection with (i) Your use or misuse of the application, (ii) other user’s use or misuse of Your Information, (iii) the cost of procurement of substitute goods or services, (iv) damages caused by third-party systems, and (v) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of Your information or other data. In any case, Heja and our affiliates, assignees, officers, employees, agents or other application users, aggregate liability under this agreement and for Your use of the application shall be limited to the amount You actually pay to Heja for Your use of the application during the twelve (12) months preceding the claim.

8. No Warranties

8.1

The application, all its content and all products and services provided by Soogroo, our affiliates and assignees are provided, except to the extent prohibited by the law, “as is”, “as available” and, without any warranties of any kind, expressed or implied, including but not limited to merchantability, Your expectations of the application, the information´s accuracy, trueness or correctness or non-infringements. Hence, Soogroo, our affiliates and assignees do not warrant that (i) the content of the application is accurate, reliable or correct, (ii) the application will be available at any particular time or location, (iii) any content or software available at or through the application is free of viruses or other harmful components, or (iv) the result of using the application will meet Your requirements. The use of the application is solely at Your own risk.

9. Indemnification

9.1

You shall indemnify Soogroo and our affiliates, assignees, officers, employees and agents with respect to all liability, losses damages, costs, lost profits or other expenses howsoever caused, arising out of or in connection with (i) Your breach of the Terms, (ii) Your gross negligence, (iii) Your uploaded or otherwise supplied information, and (iv) Your use or misuse of the application.

10. Limited Access and Termination

10.1

If You violate the Terms or other user instructions, or if Soogroo suspects You of doing so, Soogroo reserves the right to limit, restrict, or terminate Your access to the Application and/or your user account.

10.2

Soogroo retains the right, without prior warning or obligation, to limit, restrict, or stop Your access to the Application, or to remove Your user account and delete Your Information, if the Information or Your continued use of the Application endangers Soogroo's trademark or reputation.

10.3

Soogroo’s exercise of the rights mentioned above shall not entitle You to any remuneration.

11. Durtion and Termination

11.1

These Terms are in effect from the registration or upgrade of Your user account and remains in effect for as long as you use the Application. You can terminate the agreement between You and Soogroo by deleting Your registered account. When You delete Your registered account, You agree that Soogroo will save and store Your Information and that Soogroo is allowed to use and exploit the same in any manner Soogroo sees fit.

11.2

Any saved Information will, when Your registered profile is deleted, be anonymized, so to have no connection with You or Your deleted profile, and will be seen as material generated from Soogroo.

12. Assignment Of The Agreement

12.1

You may not in wholly or partly assign or pledge You rights and/or obligations under the Terms to any third party without the prior written approval of Soogroo.

13. Severability

13.1

If any provision of the Terms is found to be invalid or unenforceable, that provision will be restricted, changed, or severed to the extent necessary to eliminate its invalidation while the Terms remain in full force and effect.

14. Waiver

14.1

Soogroo’s failure to exercise its rights or failure to declare that Your default shall not conclude a waiver of Soogroo’s rights under the Terms.

15. Governing Law and Disputes

15.1

This Agreement shall be construed in accordance with and governed by the laws of Ireland.

15.2

Disputes arising out of the Terms shall be settled in Irish public court.