Terms Of Use

LICENSE TERMS AND CONDITIONS

These terms and conditions ("Terms") set out important information regarding the rights, obligations and the restrictions that may apply to you as a user ("User") when you access our website at http://www.easytoken.com ("Website") and/ or access, use or download the EasyToken digital application ("Application") and any services offered in conjunction with the EasyToken digital application ("Services") as they are made available on various digital media devices, such as PDAs, cell phones, handheld devices or PCs, ("Devices"), and networks, such as those of mobile operators, internet service providers or cable operators ("Networks"). The Application is a digital application that facilitates the use of Services, which generally consist of a connecting Devices to enable information to be passed between them and, in some cases, access to related third party applications ("Third Party Applications") and websites ("Third Party Sites") that can be used in conjunction with the Application and/ or Services (for example, e-commerce providers, social networking sites, information and access feature providers). The Website, Application and the associated Services, where not specifically provided otherwise, are supplied by EasyToken, Inc ("we", "us" and "our" as appropriate). We are a company incorporated in Oregon in the United States of America. Our registered office is at: 0224 SW Hamilton St Ste 300, Portland OR 97239 United States Of America (registry number: 768728-95). You can also contact us by phone: +1 503 922 3165, fax: +1 503 914 5578 and email: support@easytoken.com.

These Terms may be accessed via the Application directly from your Device or on our Website at http://www.easytoken.com/tc.jsf.

Any translations of these Terms are provided as a courtesy to you and the definitive text of these Terms is the English (US) version.

If you wish to use our Website, the Application and/ or the Services (collectively referred to as "EasyToken") you must agree to be bound by these Terms, as set out below, and all and any applicable laws regarding your use of EasyToken. You must also pay any charges for the Services which may be applicable.

IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES TO THESE TERMS ARE UNACCEPTABLE TO YOU, DO NOT USE EASYTOKEN. YOUR CONTINUED USE OF EASYTOKEN (INCLUDING, BUT NOT LIMITED TO, THE DOWNLOADING OF THE APPLICATION OR ANY APPLICATION UPGRADES AND/ OR USE OF THE SERVICES) NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS, WILL BE DEEMED ACCEPTANCE BY YOU OF THESE TERMS AND ANY SUCH CHANGES, OR MODIFICATIONS. YOU AGREE TO USE EASYTOKEN ONLY FOR PURPOSES THAT ARE LEGAL, PROPER AND IN ACCORDANCE WITH THESE TERMS AND ANY LOCAL BINDING POLICIES OR GUIDELINES.

IMPORTANT: BY DOING ANY OF THE FOLLOWING ACTS YOU AGREE TO BE BOUND BY THESE TERMS: EXPRESSLY ACCEPTING THESE TERMS OF USE AT ANY TIME, FOR EXAMPLE UPON CLICKING "SET UP", "PROCEED" OR ANY OTHER CLEARLY INDICATED EQUIVALENT ACTIVATION PHRASE ON YOUR DEVICE; OR DOWNLOADING THE APPLICATION OR AN UPGRADE TO THE APPLICATION OFFERED FROM TIME TO TIME; OR USING EASYTOKEN ON YOUR DEVICE.

Please note:

1) In the event that you are or become a paying customer of any part of the Application and/ or Services or any other product part of the EasyToken offering, we will provide to you relevant information regarding price, delivery procedure and cancellation options on a case by case basis, before completing the payment for your purchase. Any purchase will be effective upon the processing of your payment.

2) Once you start using EasyToken, you hereby agree to waive any right to a limited period in which you could revoke your purchase or claim a refund upon cancellation of your purchase (also known as a cooling off period) (if any) available to you under any applicable e-commerce regulations or consumer protection laws. In the event a waiver of these rights is prohibited under the law, this cooling off period shall be limited to 7 days.

3) Each time you attempt to interact with EasyToken, such as when you connect devices for example, you will send data for which your Network will charge at your usual data rates.

4) Unless otherwise specifically provided by us, our licence to you under these Terms is personal to you and allows you to access and use the Application and the Services only on the Device on which the software was first installed. The licence is not transferrable to another person or another Device without our agreement, which will only be given in exceptional circumstances, or if otherwise expressly provided in these Terms.

PROTECTION OF MINORS

To use EasyToken you must be aged 13 or older. Additionally, if you are under 18, you must get the permission of your parent or guardian and the person who pays your mobile phone bills (if different) and get them to agree to these Terms on your behalf before you use EasyToken and before you provide any personal information to us. Also, to use some of the Services you may be asked to register with us and provide certain personal details. See the section on privacy below regarding what we do with this information.

You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms and have obtained all necessary third-party consents, licences and permissions necessary to enter into and fully perform your obligations under these Terms. In the event you are reading these terms to provide permission to a minor to use EasyToken, you also represent and warrant that you have the full authority to act on behalf of the service user and that you are either more than 18 years of age and contracting for yourself or are the parent or guardian of the person who will use the Services and are entering into this contract to cover their usage. In any case, you affirm that you are, or the person who will use EasyToken (where you are the parent or guardian of that person) is, over the age of 13, as the Services are not intended for children under 13. If you are under 13 years of age, then please do not use EasyToken. If you are the parent or guardian of a person under the age of 13 then please do not let that person use EasyToken. Your access to the Services may be deleted or blocked without warning if it is found that you are misrepresenting your age or the age of the person using EasyToken. In this case your membership account and all related data may also be deleted without warning. Your access to the Services is solely for your personal use, and you must not authorize others to use your account.

USAGE POLICY

Even where there is no limit imposed in the Application on the number of token exchanges that can be made, you nevertheless, agree to use the Services fairly. This service is meant for non-commercial use only and it is a breach of our usage policy if you send excessive token capture or generation that lead to an over-allocation of system resources.

You agree to provide true, accurate, current and complete information about yourself any time you are prompted by EasyToken to fill a registration form (for example your name, email address, and certain demographic information) and to maintain the accuracy of this information (such information being the "Membership Data") throughout the period you use EasyToken. If you do not, or we have reasonable grounds to suspect that you have not, we have the right to suspend and/ or terminate your account and refuse any and all current or future use of EasyToken. Membership Data and certain other information about you are subject to our Privacy Policy.

We may change, suspend or discontinue any aspect of EasyToken at any time, including the availability of any feature, database and/ or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability. Such changes will be notified with reasonable notice, where they are material and where practicable, and you will have the opportunity to terminate the service should you not accept the new Terms. Where these changes or suspensions would amount to a complete termination of the Services you may be entitled to a refund of the reasonable part of any charges paid by you.

Continued use of the Application and/ or Services may require a download of new releases of software with different functionality and that may have different licence terms

LOCATION BASED SERVICES

Where we collect location-based information, we will generally do it on an anonymised basis for the improvement of our Application or Services. You consent to our use of anonymised location based services information collected from you.

Where we collect location-based information that is personally identifiable we will give you options to manage your disclosure of this information within our Application or on your Device. Depending on your version of EasyToken and the functionalities available on your Device you may benefit from advanced options to manage the disclosure of location-based information.

Where this technology is used in conjunction with any Third Party Applications or Sites further information on usage policies and options management shall be available from such third parties. It is your responsibility to find, read and understand the usage policies of these services, get fully familiar with all the available disclosure options and manage these in a way that fits your purposes.

THIRD PARTY SERVICES

EasyToken may enable you to use functionalities of Third Party Applications and/ or to link to Third Party Sites that are not owned or controlled by us. Content, products and services that are part of any Third Party Applications and/ or Sites to which we may connect (including but not limited to, social networking sites, sites on which you can view content and from which you can make purchases, or record a geographic location that you find yourself in) are subject to the terms and conditions of the relevant application and/ or website. We have no control over and are not responsible or liable for any matters relating to your dealings with such third parties.

We are not responsible for and have no control over any third-party content, syndicated content, applications, services, advertisements, links, privacy policies and/ or practices of any such third-parties that may be found through EasyToken. In addition, we will not and cannot censor or edit the content of any Third Party Applications and/ or Sites. By using the Services, you acknowledge that we do not to incur any liability arising from your use of any Third Party Applications and/ or Sites. Accordingly, we encourage you to be aware when you leave EasyToken and to read the terms and conditions and privacy policy of each and every other Third Party Application, Site and/ or other resources that you visit. Any correspondence, business dealings with, syndication, linking or participation in promotions of Third Party Applications and/ or Sites, including payment or delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence of such third-party content accessed via EasyToken or as a result of the failure of such Third Party Applications and/ or Sites to function as intended.

AVAILABLITY OF SERVICES

We will do our best to offer you a smooth service, but we give no guarantees that EasyToken will be fault free or that the Services will be uninterrupted. If a fault does occur, please report it to Customer Services and we will attempt to correct the fault as soon as we reasonably can.

We will occasionally restrict your access to the Website or to the Services to carry out repairs, maintenance or to introduce new functionality or services and we will endeavour to keep disruption to a minimum.

New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software "bugs" being fixed by us and may have other issues affecting availability and functionality.

LEGAL PROTECTION AND LIMITATIONS

You acknowledge that EasyToken (and any other applications) licensed by us to you are our property. You are granted a limited, revocable, non-exclusive, non-transferable (without the right to sublicense) licence to use EasyToken or any Third Party Application for the purpose of accessing and using the Services. You agree not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of the Application or Services or any Third Party Application. You will not copy any part of EasyToken or any Third Party Applications and/ or Sites or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of EasyToken to any person.

You agree to not use EasyToken to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Services; (ii) interfere with or disrupt EasyToken or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to these; (iii) collect or store personal data about other Users of EasyToken; or (iv) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent.

You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels on or embedded within any part of EasyToken and/ or any Third Party Applications.

You agree to not use EasyToken or export any portion of it in violation of U.S. export regulations.

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country and you are not listed on any U.S. list of prohibited or restricted parties.

YOUR USE OF EASYTOKEN IS AT YOUR SOLE RISK. EASYTOKEN IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND STATUTORY REMEDIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT (i) EASYTOKEN WILL MEET YOUR REQUIREMENTS, (ii) DELIVERY OF ANY PORTION OF EASYTOKEN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF EASYTOKEN WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) ANY PORTION OF EASYTOKEN OR ANY OTHER APPLICATION PROVIDED BY US WILL BE OF SATISFACTORY QUALITY, FAULT OR VIRUS FREE OR UNINTERRUPTED OR SATISFY ANY CONDITIONS OF QUALITY AND FITNESS FOR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE EASYTOKEN SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Under no circumstances will we or our respective parents, subsidiaries, and affiliates, suppliers and their respective owners, officers, manager, members, agents and employees, be liable to you for loss of profits, business interruptions, loss of business information, loss of business, opportunity or other pecuniary loss, loss of data or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort or otherwise, arising out of or in connection with use of, or inability to use EasyToken (and any other applications) which we license to you, any content delivered to you or EasyToken, whether or not we have been advised of the possibility of such damages or loss. In any event, our liability to you shall be limited to typical and foreseeable damage and shall not exceed the fees for a 3 month period or the maximum amount of fifteen dollars ($15), whichever is higher.

Some jurisdictions (countries, provinces, states) absolutely prohibit some limitations on liability, disclaimer of warranties or exclusion of direct or consequential damages. In such cases only the above disclaimers, limitations or exclusions may not apply to you to their full extent.

You hereby indemnify and hold harmless, and upon our request, defend, us, our affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) arising out of any claim, action, or proceeding brought by a third party based on a breach of any warranty, representation, covenant or obligation by you under these Terms. You will reimburse us and our affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that we attempt to obtain your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and you shall assume control of the defence of such claim upon our request. We shall have the right, at your expense, to participate in the defence thereof under your direction.

Nothing in these Terms shall be construed so as to exclude or limit our liability or that of any third party for death or personal injury as a result of negligence.

Nothing in these Terms affects any mandatory statutory rights that you may have as a consumer, except to the extent permitted by law.

Where we actively promote and sell our products outside of United States we will endeavour to comply with mandatory local regulations of public policy and consumer protection, but disclaim all and any liability, apart from the liability assumed within these Terms, to the maximum extent permitted by law.

GENERAL

These Terms are not intended to give rights to anyone except you and us, unless otherwise expressly indicated by us within these Terms. We may assign our rights and obligation under these Terms without your prior consent to any new provider of the EasyToken.

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then the provision will be deleted. Any such deletion will not affect the validity and enforceability of any of the other provisions of these Terms.

You may at any time unsubscribe or cancel your EasyToken account, subscription or any other relationship with EasyToken which is being governed by these Terms via the cancellation method notified to you at sign up. Please note, however, that EasyToken will not make any refunds, except in exceptional circumstances involving material breach on our part, and you will remain liable for payment of any part of the EasyToken Services that you have already used or previously committed to.

We may at any time terminate your account or prevent you from gaining access to EasyToken. If we terminate your account, we may immediately delete all the files and information on your profile and prevent you accessing your profile. We will use reasonable efforts to give you notice of termination or suspension of access to EasyToken, but this may not always be possible. We will not be liable to you or to any third party for termination or for any permanent or temporary suspension of any of the Website, Application or Services. In the event you are a paying customer and our Services to you are terminated you may be entitled to a refund of the reasonable part of any charges paid by you.

We will not be liable to you or to any third party for any failure, suspension and/or termination of access to EasyToken in connection with or arising out of a force majeure event including, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents.We may provide you with notices regarding EasyToken or these Terms by post to any address you have given us, by email, by SMS message or by postings to the Website.

These Terms and the relationship between you and us shall be governed by the laws of United States of America and the State of Oregon without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts of England and Wales.

"EasyToken" is a trademark and registered trademarks of EasyToken, Inc.

We may amend these Terms at any time by posting the amended terms on our Website and/ or by amending the Terms as they are accessed from the Application on your Device. It is your responsibility to review these Terms from time to time to check if they have been amended. The effective date of each new version the Terms will be included at the top of the Terms page. If you continue to use the Application and/ or Services or you download any content or upgrade any of the Services after we have posted any amended terms that will demonstrate that you accept our updated Terms. Should you not accept these amendments, you may terminate the Services.

If you have any queries regarding us, the Website, Application and/ or Services, please contact us by email at support@easytoken.com. Alternatively, you can also phone our Customer Services in the USA at +1 503 922 3165 - open 9.00am to 5.30pm Monday to Friday (USA PST times). Charges may vary depending on your location and service provider. To maintain customer service standards and to help with staff training, we may monitor and record calls and messages to Customer Services.