End User License Agreement terms and conditions governing use of this website. Please read this End User License Agreement terms and conditions carefully.
This End User License Agreement sets forth the terms and conditions (“Terms”) under which Prompt Cash, Ltd. (“PCL”) (alternatively referred to as “us,” “we,” or “our”) offers you the right to use the this application (including any updates thereto, the “Application”) and your use of the Application is governed by these Terms. By accepting these Terms (i) you represent that you are of legal age to enter into a binding contract and (ii) you signify that you have read, understood and agree to these Terms (and that such Terms are enforceable like any other written negotiated agreement signed by you) and certify that you are at least 17 years old or older. If you do not agree to these Terms, or you are not at least 17 years old, you may not use the Application. Violations of these Terms will result in a permanent removal from the Application.
1. License and Restrictions
The Application is licensed, not sold, to you. All rights, title and interest (including, without limitation, all copyrights, trademarks and other intellectual property rights) in and to this Application belong to us or our licensors. Subject to your compliance with these Terms, we grant you a non-transferable, non-assignable, revocable, limited license to download and install one copy of this Application on a computer device that you personally own or control and to use that copy of this Application on that computer device solely for your own personal use. You may not install or use a copy of the Application on a device you do not own or control. You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not sell, rent, lend, lease, redistribute, or sublicense the Application or circumvent any technical limitations in the Application or otherwise interfere in any manner with the operation of the Application, or the hardware or network used to operate the Application. If you violate these Terms, your license to use this Application automatically terminates and you must immediately cease using the Application and destroy all copies, full or partial, of the Application.
We alone (and our licensors, where applicable) shall own all right, title and interest, including, without limitation, all intellectual property rights, in and to the Application and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Application shall be owned solely and exclusively by us, and/or, as applicable, our third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto, and you hereby assign to PCL any and all of your rights, title or interests that you may have or obtain in the Application or any modification to or derivative work of the Application. You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Application.
3. Your Responsibilities as the Application User
Use of the Application requires third party services and equipment such as a compatible computer device, internet access and a telecommunications carrier. Obtaining and maintaining the equipment and services necessary to use the Application is your responsibility. PCL is not responsible for equipment defects, lack of service, or other issues arising from third party services or equipment. You agree not to use the Application to communicate in an offensive or obscene manner, or to spam, threaten, defame or harass other users. PCL is not in any way responsible for any such use by you or by any person using your device, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of using the Application. PCL reserves the right, but does not assume the obligation, to not publish or to terminate any communication, or posting it determines objectionable in its sole discretion. Use of the Application is void where prohibited. You shall not use the Application to falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; or to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, U.S. regulations pertaining to the export of software from the U.S. to embargoed countries. You will ensure that the information you provide to us through the Application is accurate and complete. We reserve the right to immediately terminate your use of the Application should you fail to comply with any of the foregoing.
We have the right, at any time and without prior written notice, to add to or modify the Terms, by amending the Terms available within the Home page or by requiring you to accept an updated agreement upon accessing the Application. Your access or use of the Application after the date of such amended Terms constitutes acceptance of such amended Terms. By continuing to access or use the Application after we post such changes, you agree to these Terms, as modified.
5. Contact Us
For Questions, please email us at [email protected]
6. Copyright Infringement – DMCA Notice
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or material on this Application infringes a copyright owned by you, you (or your agent) may send PCL a notice requesting that the material be removed, or access to it blocked. This request should be sent to: [email protected]. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party 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 (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counternotices with respect to the Application should be sent to the address above.
7. Legal Compliance
The Application is subject to United States export laws and regulations. You will not use or otherwise export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. You represent and warrant that (i) 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 (ii) you are not listed in any U.S. Government list of prohibited or restricted parties. PCL does not represent that the Application is appropriate or available for use in all countries. PCL prohibits accessing materials from countries or states where such content is illegal. You are using the Application on your own initiative and you are responsible for compliance with all applicable laws.
8. Disclaimer of Warranty
Any use of the Application shall be at your sole risk. This Application and the information you access through the Application is provided on an "AS IS", “WITH ALL FAULTS” and "AS AVAILABLE" basis and without any warranty, express or implied, of any kind, to the fullest extent permissible pursuant to applicable law.
9. Limitation of Liability
Under no circumstances will Distributors be liable for any damages you suffer as a result of your reliance on this Application or any content provided by the Application or Third Party Materials, nor will Distributors be liable to you or any third party for any incidental, special, consequential, indirect or punitive damages whatsoever, including, without limitation, loss of profits, loss of data, business interruption or any other personal injury or commercial damages or losses arising out of or that result from the use of, or the inability to use, the Application, regardless of the theory of liability (contract, tort, strict liability, negligence, guarantee or condition, or otherwise), even if advised of the possibility of such damages or repair or replacement of the Application does not fully compensate you for any losses. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
10. Maintenance and Support Services
Any maintenance and support services made available by PCL are at the discretion of PCL which may initiate or cease providing maintenance and support services at any time without notice to you.
11. Choice of Laws, Jurisdiction, Entire Agreement
By downloading or using the Application, you expressly agree that these Terms shall be governed by and construed in accordance with the laws of the British Virgin Islands (BVI), without giving effect to its conflict of laws provisions or your actual state or country of residence. You further expressly agree that exclusive jurisdiction for any dispute with PCL in any way relating to your use of this Application is in the federal or district courts of the State of Delaware, and you agree and expressly consent to the exercise of personal jurisdiction in state or federal court in the State of Delaware, in connection with any such dispute including any claim involving PCL or its affiliates or content providers. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and it supersedes all previous or contemporaneous agreements, proposals and communications, written or oral, relating to that subject matter. As a user of the Application, you agree to contact us prior to seeking legal recourse for any harm you believe you have suffered from your use of the Application. In the event that you believe our Application has harmed you, you agree to inform us and to give us thirty (30) days to cure the harm before initiating any action. You also agree that you must initiate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.
You will defend, indemnify and hold PCL, its officers, directors, employees, agents, licensors, and vendors, harmless from and against any and all claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees arising from or incidental to the aforementioned.
We uses the collected data for various purposes:
PCL will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of this application, or we are legally obligated to retain this data for longer periods.
Legal Requirements PCL may disclose your store’s and customer’s Personal Data in the good faith belief that such action is necessary to:
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your store’s and customer’s Personal Data, we cannot guarantee its absolute security.