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Last updated on 15.04.2024
We/Us/Our/’Liquigas’ means Liquigas Malta Limited of Kalafrana, Birzebbugia, Malta (trading as “Liquigas”).
You/Your/Yourself means, unless specified, the Customer and the Authorised User of the App.
Use of the Liquigas App (as defined in the Liquigas App Terms and Conditions is being provided to You by Liquigas, owner of the said App which includes the Liquigas software/mobile application (“App”).
Thank you for selecting Liquigas. In order to access and/or use the App, kindly read this document in full and acknowledge that You have agreed to this End-User License Agreement (“EULA”). By clicking the “I Accept” button when installing the App, You will agree to both this EULA and the Liquigas App Terms and Conditions (the “T&Cs”). Before using Liquigas’ services You will also need to read and acknowledge having read Our Privacy Policy.
You may view the most recent version of this EULA within the App at any time via the ‘Company Information’ tab.
This EULA constitutes a binding agreement between You, the Customer of Liquigas services and/or Authorized User of the App, and Liquigas concerning the use of the App and any and all software and technology made available by Liquigas (including the App) for the use of this App by You on this device subject to this EULA (hereinafter the “App”).
1. DEFINITIONS
1.1 For the purposes of this EULA the following definitions apply:
“Authorized Users” shall refer to the Customer or any person authorized by the Customer to access this App.
“Customer” shall refer to the individual or entity that is making use of any and all Liquigas services online or otherwise, as agreed in the T&Cs and in this EULA, which services include the App.
2. GENERAL
2.1 Liquigas hereby grants a revocable, non-exclusive, non-transferable right to You the Customer to install, access and use this App on any device owned and controlled by You, subject to this EULA. This right of use will start when You have downloaded the App and use it for the first time and will continue until the use of the App has ended in terms of this EULA. You may only use the App as permitted by any and all terms and conditions You are bound to, including but not limited to the T&Cs.
2.2 You, the Customer, shall be responsible for any violations of this EULA by any Authorized User who makes use of the App on any device that You own and/or are otherwise responsible for.
2.3 You the Customer agree to bring these terms to the attention of any other Authorized Users that may use this App via any device which You own and/or for which You are responsible.
2.4 By making the App available, Liquigas is not offering the Customer or any Authorized Users any additional services (including the services offered by any third party on or via the App.
3. TERMINATION
3.1 Liquigas may terminate the App and/or related services offered through it and all the rights and obligations under this EULA at any time and for any reason subject to a notice period of thirty (30) days.
4. DECLARATION OF SOLE RESPONSABILITY
4.1 Liquigas alone, to the exclusion of all other persons (including but not limited to the internet service and/or mobile network provider or any other intermediary making this App available for download) is responsible for the App and its content, barring any use that is made of it by any Authorized User, and no other person with the exception of Liquigas is under any responsibility or obligation to the Customer in relation to the App, nor will any such person provide maintenance and support services for the App. For the avoidance of all doubt, third-party services offered on or via the App fall outside the scope of this EULA. Please read the T&Cs for more information on this.
5. DATA CHARGES
5.1 Liquigas is not responsible for any additional charges including but not limited to roaming charges from Your mobile service or internet service provider which may apply in conjunction with the services provided on or via this App.
6. NO WARRANTIES
6.1 This App is provided on an “as is” and “as available” basis, with no warranties or guarantees of any kind as to its functionality or quality including but not limited to any implied warranties of merchantability, fitness for purpose or non-infringement, nor shall any warranty be provided to the effect that the App is free from defects or viruses or that access to the App will be uninterrupted or without delays or failures. To the extent any warranty exists under law that cannot be disclaimed, Liquigas shall be solely responsible for such warranty.
6.2 Your use of the App and any other material downloaded or made available through the App or any other application on this device or on any other device is at the Customer’s own discretion and risk. The Authorized User is responsible for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
6.3 Liquigas is not responsible for any third-party software that may be used in connection with the App.
7. CHANGES TO THE EULA
7.1 Liquigas may change any part of this EULA at any time, provided that Liquigas shall provide the Customer with due notice of the same and a notice period sufficient to allow the Customer to withdraw from the App and/or related services and this EULA before the change takes effect.
7.2 Such withdrawal shall be without charge, and shall be effected by deleting the App, provided that any terms and conditions surviving the termination of the current version of this EULA shall continue to apply even after such withdrawal.
7.3 Should Authorized Users continue to use this App after the relevant notice period ends, it will be assumed that the Customer has accepted the changes and the said changes will take effect automatically.
8. PERMITTED USE
8.1 This App is to be used solely for the purpose of any Authorized User’s personal use and shall not be used by any Authorized User or other person for any other purpose that goes beyond this scope, and the restricted activities described under this EULA, and in particular under this Clause 8, are not exhaustive.
8.2 In particular the Authorised User must not use this App on any device or operating system that has been modified in such a way as to eliminate software restrictions imposed by the mobile service provider, or the operating system or mobile manufacturer without their approval, or on any device that has been modified as a result of similar methods, acts or procedures carried out on the said device more commonly known as “jail-breaking” or “rooting”. If Liquigas continues to make this App available to You even notwithstanding violation of the condition under this clause 8.2, this decision shall not constitute a waiver of any Liquigas rights or remedies, nor of Your obligations, under this or any other clause.
8.3 Authorized Users shall not use the App for any commercial enterprise or profit-generating activities or related purposes for which this App was not designed.
8.4 The Authorized User may not use the App for any purpose which is unlawful, abusive or obscene.
8.5 You, the Customer, agree to install any security updates and/or application patches for this App as they become available.
8.6 The Authorized User shall be responsible for all claims, damages and costs arising from their use of this App, or from any breach of this EULA.
8.7 The Customer shall be responsible for all claims, damages and costs arising from Liquigas’ reliance on information that Customer or any Authorized User has provided.
9. LINKS TO THE THIRD PARTY SITES OT CONTENT
9.1 Liquigas does not endorse and is not responsible for any websites or other online material linked through this App and Liquigas recommends that Customers and/or Authorized Users view the linked website’s terms, privacy and cookie policy pages to understand how use of that website may affect them. Liquigas is furthermore not responsible for the accuracy, timeliness or the continued availability or the existence of content, hyperlinks, or third-party websites or pages linked to the App.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 You the Customer acknowledge and agree that all right, title and interest in and to the downloaded software to be used for access to the App provided under this App and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to You (if any), regardless of the media or form in which they may exist shall continue to vest in Liquigas or any third-party provider or licensor of the software underlying the App (“Licensor“) as the case may be.
10.2 Nothing in this EULA shall be construed as a transfer or license over any vested, contingent and future intellectual property rights belonging to Liquigas, or any rights which have been lawfully licensed to Liquigas by any Licensor, including but not limited to patents, utility models, rights to inventions, mathematical methods, mathematical formulas, mathematical algorithms, copyright and neighboring and related rights, aesthetic creations, moral rights, sui generis rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, design rights (whether registered or unregistered), rights in computer software, database rights, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world (hereinafter “IP Rights”).
10.3 Any claims from Authorized Users or third parties relating to this App or its possession or use, including alleged breaches of third-party IP Rights, product liability claims and compliance with legal or regulatory requirements and consumer protection claims, should be directed solely to Liquigas.
10.4 Authorized Users shall not, in particular, copy, modify, alter or adapt (which includes enhancement, translation and the creation of derivative works), tamper, decompile or reverse engineer any part of the App or all of it, nor may they in any way attempt to access or derive any part of the software code underlying the App or decrypt the said software for any purpose.
11. COMPLAINTS
11.1 All notices questions or complaints must be addressed to and sent in writing by the Customer to Liquigas. To the extent You have any claim arising from or relating to Your use of the App, Liquigas is solely responsible for addressing such claims. Nothing in this EULA shall be deemed an admission that You may have such claims.
12. SPECIAL PROVISIONS CONCERNING THE RIGHTS AND OBLIGATIONS UNDER THIS EULA
12.1 If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of this EULA will continue in full force and effect.
12.2 If any part of this EULA becomes invalid, illegal or unenforceable for any reason at all, this will not affect the validity of the remaining EULA terms.
12.3 Nothing in this EULA will reduce the Customers’ statutory rights (including but not limited to any rights of the Customer as a consumer).
13. GOVERNING LAW AND JURISDICTION
13.1 This EULA is governed by the same laws as the T&Cs.
14. TERMINATION
14.1 Liquigas may end this EULA immediately and the App and/or any related services immediately without notice and without the need to cite reasons.
14.2 Liquigas will nevertheless notify You if it terminates this EULA pursuant to clause 14.1. This can include notification by SMS, a message when You log onto the App, by e-mail, or in any other way that will be sent to You.
14.3 You can end this EULA at any time by deleting the App from Your mobile device(s).
14.4 Upon termination of this license for any reason;
(i) You must remove the App from any device which You own and/or for which You are responsible and
(ii) destroy all copies of the App including all components of it in Your possession; and
(iii) all rights You have in respect of the App will immediately end.
14.5. If You change or dispose of the mobile device which You own and/or are responsible for and on which the App is installed, You must delete the App from such mobile device.
Last Updated on 15.04.2024
