ComeAgain Terms of Service
- INTRODUCTION: This App is published by or on behalf of ComeAgain and/or its group companies.
- GENERAL RULES RELATING TO CONDUCT: The App is made available for your own, personal use. The App must not be used for any illegal or unauthorized purpose. When you use the App you must comply with all applicable United States Laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).
You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
(b) Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or
(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.
You agree to indemnify ComeAgain and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.
- CONTENT: The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to ComeAgain or its group companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without ComeAgain’s express written permission.
The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by ComeAgain or its group companies or third party partners of ComeAgain. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of ComeAgain or the relevant group company or the relevant third party partner of ComeAgain.
- LINK TO THIRD PARTIES: The App may contain links to websites operated by third parties (“Third Party Websites“). ComeAgain may monetize some of these links. ComeAgain does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
- DISCLAIMER / LIABILITY: USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) ComeAgain DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN ComeAgain AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
ComeAgain will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.
- SERVICE SUSPENSION: ComeAgain reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so. User understands and agrees that ComeAgain does not and cannot guarantee or assure that the user will receive any benefit from the use of this app. The decision to provide any reduced price, free or special product(s) and/or service(s) rests solely with the business/venue and not with ComeAgain.
ComeAgain does not sell or dispense alcohol in any manner, shape or form. User must comply with any and all local, state, or federal restrictions on the consumption of alcohol. ComeAgain urges all individuals to drink responsibly.
- ADVERTISERS IN THE APP: We accept no responsibility for ads if contained within the App. If you agree to purchase goods and/or services from any third party who may at some time advertise in the App, you do so at your own risk. The advertiser, not ComeAgain, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
- COMPETITIONS: If you take part in any competition which is run in or through the App (“Competition“), you agree to be bound by the rules of that competition and any other rules specified by ComeAgain from time to time (“Competition Rules“) and by the decisions of ComeAgain, which are final in all matters relating to the Competition. ComeAgain reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.
- GENERAL: These Terms (as amended from time to time) constitute the entire agreement between you and ComeAgain concerning your use of the App.
ComeAgain reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available at www.ComeAgainApp.com/tospp. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorized representative on behalf of ComeAgain.
These Terms shall be governed by and construed in accordance with United States and/or Israeli law and you agree to submit to the exclusive jurisdiction of the United States and/or Israeli Courts.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
ComeAgain’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ComeAgain in writing.
Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits in favor of any person other than you, ComeAgain and its group of companies.
- CONTACT US: You can contact ComeAgain at support@ComeAgainApp.com
What information does the Application obtain and how is it used?
The Application obtains the information you provide when you download and register the Application. When you register with us and use the Application, you generally provide: (a) your name, email address and phone number; (b) transaction-related information, such as when you use the app, respond to any offers, or download or access applications from us; (c) information you provide us when you contact us for help; (d) payment information for purchase and use of the Application, and; (e) information you enter into our system when using the Application. The information you provided us may be used to contact you from time to time to provide you with important information, required notices and marketing promotions.
Automatically Collected Information – In addition, the Application may collect certain information automatically, such as your TCP/IP address, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application. See “Automatic Data Collection and Advertising” section for examples.
Does the Application collect precise real time location information of the device?
This Application does collect precise information about the location of your mobile device.
Do third parties see and/or have access to information obtained by the Application?
Yes. We may share your information with third parties only in the ways that are described in this privacy statement.
We may disclose User Provided and Automatically Collected Information:
- as required by law, such as to comply with a subpoena, or similar legal process;
- when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
- with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement;
- if ComeAgain is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information;
What are my opt-out rights?
You may opt-out of all information collection by uninstalling the Application. You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
Data Retention Policy, Managing Your Information
We will retain User Provided data. If you would like us to delete User Provided Data that you have provided via the Application, please contact us at support@ComeAgainApp.com and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly, and we may be required to retain certain information by law.
We do not use the Application to knowingly solicit data from or market to children under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, and wishes for us to delete this information, he or she should contact us at support@ComeAgainApp.com. We will delete such information from our files within a reasonable time.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at support@ComeAgainApp.com.