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Terms and conditions

This page tells you the terms and conditions ("Terms") on which you may use our application for iIPhone ("our Application") and our website www.appxpert.co.uk ("Our Site"). Please read these Terms together with our Privacy Policy carefully and make sure that you understand them, before downloading or using our Application or accessing our Site or by making any use of the Site or our services ("our Services"). You should understand that by using our Application you agree to be bound by these Terms and our Privacy Policy.

These Terms may be modified from time to time and should be read each time before using our Application.

Please click on the button marked "I Accept" at the end of Terms if you accept them. Please understand that if you refuse to accept these Terms, you will not be able to use our Application.

1. Information about us
1.1 We operate the Site www.appxpert.co.uk. We are SK UNITED LIMITED a company registered in England and Wales under company number 07960579 and with our registered office at 10 St Bride Street, London EC4A 4AD.

1.2 We operate and maintain our Application which is an iPhone application that can be used by users of iPhone, iPad or iPod Touch ("iDevice") users to test and review iDevice Phone applications in return for a reward.

2. Registration, password and security
2.1 Our Application requires you to register with us as a registered user ("Registered User" or "you"). When you open an account ("your Account") we ask you to choose a password and a username.

2.2 By registering and becoming a Register User, you warrant that:

(a) You are at least 18 years old;

(b) You are resident in the UK;

(c) You have a bank account in the UK;

(d) You are registered on iTunes Apple Inc UK;

(e) If you are under 18 years old, you have parental permission to enter into the Terms; and

(f) The information you provide to us at all times is true, accurate and correct. You agree to promptly notify us of any changes to your personal details so that we may update our records of your details to provide you with the Services.

2.3 Registration is limited to one account per person. You shall not create more than one account or username for yourself, or create an account or username on behalf of another.

2.4 If you have forgotten your username or password contact us at contact@appxpert.co.uk.

2.5 You are sole responsible for maintaining the confidentiality and security of your password and your Account and you are fully responsible for all activities that occur under your Account

2.6 You agree to immediately notify us of any unauthorised use of your password or Account or any other breach of security. We reserve the right to take any action to ensure the security of our Site, our Application and your Account including, without limitation, terminating your Account, changing your password.

2.7 Under no circumstances shall we be responsible for any losses resulting from or arising out of:

(a) the unauthorised access or use of your Account or use of your password;

(b) any of our action or inaction under clause 2.5;

(c) any compromise of the confidentiality of your password or Account

2.8 We reserve the right to suspend your access to our Site, our Application or our Services if we have reason to believe that you have not complied with this provisions ort the rest of these Terms.

3. How to test an application
3.1 Downloading applications

3.1.1 We offer a list of applications available for testing and/or reviewing ("our Offer") The up to date list of our Offer is available at any time on our Application.

3.1.2 You can select any application by clicking on the relevant icon. You will have then an opportunity to confirm your selection ("Confirmation"). Once you have confirmed, each application that you have ordered will be available via App Store in order to be downloaded on your iDevice.

3.1.3 To validly test an application and receive a reward you must comply with all the following requirements ("Requirements"):

(i) be physically present in the UK when you open any applications to be tested;

(ii) download any application on the iDevice whose UDID, Mac Address, Open UDID or any other unique device identifier you provided us when becoming a Register User;

(iii) answer correctly the multiple choice questions ("Questionnaire")provided to you in relation to the application within 24 hours from the Confirmation.

3.1.4 Some applications may be tested or and reviewed a limited number of times. In that case, if you test and/or review the application after such number of tests and/or reviews has been reached, your test and/or review will not treated as giving rise to a reward.

3.2 Posting your opinion

You may post your opinion on the application that you have downloaded, reviewed and or tested provided your opinion:

(a) is serious;

(b) is written in a correct and legible way;

(c) is useful to other iDevice users; and

(d) does not contravene any of your obligations as set out in Clause 4.

4. Your obligations
You agree not to:

(a) Use any deep-link, page-scrape, web robot, web spider or other automatic device, program, algorithm or methodology, or any manual process to access, acquire, copy or monitor any portion of our Site or our Application;

(b) Give the impression that we are promoting or endorsing your products and services;

(c) Express or imply that any statements you make are endorsed by us without our specific prior written consent;

(d) Post any content that includes information that is false, misleading, inaccurate, fraudulent, deceptive or that promotes illegal activity;

(e) Post any content or information in violation of any laws or regulations;

(f) Post content that is offensive, libellous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic or sexually explicit;

(g) Use our Application in such a way that damages the security, efficiency, reliability or integrity of our Site or a third party iDevice application, site or software;

(h) Use our Application in such a way that adversely affects the use of our Application or Site by any other users;

(i) Attempt to gain unauthorised access to any portion of our Site or our Application by hacking, password "mining" or any other illegitimate means;

(j) Probe, scan or test the vulnerability of our Site or Application;

(k) Use any device, software or process to interfere with, or attempt to interfere with, the proper working of our Site or Application or any systems or networks connected to our Site;

(l) Not use your login details and or Account if you are a Registered User, with the intent of impersonating another person; and

(m) Not allow any other person to use your login details and or Account if you are a Registered User.

5. our obligations
5.1 In exchange for performing tests and or reviews on the applications (and provided that you comply with the Requirements) we may reward you in accordance with the Terms.

5.2 All rewards are in pounds (£) sterling, inclusive of VAT but exclude other charges such as fees charged by Paypal.

5.3 The reward available for each application will be indicated from time to time on the list of our Offer in our Application.

5.4 If you fail to comply with the Terms or any laws and regulations, we reserve the right to cancel any reward that may be due to you or already credited into your account.

5.5 The reward may consist either of a non financial compensation or a financial compensation.

5.5.1 Non-financial compensation



5.5.2 Financial compensation



(a) We will offer a free license to use the application.

(a) Your Account will be credited within 30 days from posting your review or test of the application.

(b) You may ask to receive your financial compensation

- through your valid Paypal Account (details of which you must have supplied to us) provided that the financial compensation equals or is more than £5; or

- by converting your accumulated financial compensation into iTunes gift voucher provided that the total amount of your financial compensation equals or is more than £15; or

- by converting your accumulated financial compensation into Amazon gift vouchers provided that the total amount of your financial compensation equals or is more than £10.

5.6 If you do not download any application recommended or proposed by us or do not access your Account for a period of three months, any sum credited into your Account will be automatically lost.

5.7 If you do not complete the Questionnaire correctly in accordance with the Requirements we reserve the right to refuse you payment of a reward.

LIABILITY AGREEMENT

To the fullest extent permitted by the law, it is expressly agreed between both parties that Surikate does not accept any responsiblity for the provision of public services, the website, the mobile site, the application, and especially not for defective products, as indicated by the following articles 1386-1 of the Civil Code.

However, should Surikate incur liability, Surikate can only be held responsible for direct and foreseeable damages brought about by a defect or malfunction of the software, as set out in Articles 1150 and 1151 of the Civil Code. Under no circumstances can Surikate be held responsible for covering unforeseeable and indirect damages. It is expressly agreed between both parties that Surikate cannot be held responsable for any loss of profit, turnover, customers, opportunity, software, or for the cost of production, software, services or replacement technology.

Surikate undertakes exclusively to comply with all current legal terms applicable in France. No regulations specific to the country of delivery and/or consultation of the site shall be applied.

The site, the mobile site and the application are accessible 24 hours a day, 7 days a week, except for closure for maintenance in the case of force majeure or of any event beyond our control. The definition of Force majeure is that applied by French jurisprudence as any and all events which are unforeseeable, uncontrollable and external, including, but not limited to any reglementation by state or supranational authority, a state of war or emergency, a natural disaster, a terrorist attack, a fire, a strike of staff or service providers or even network failure in electronic communications.

You accept the limitations of the internet and of electronic means of communication. Therefore, Surikate cannot be held responsible for any unavailability of the site, the mobile site or the application, or for any connection difficulties or for any interruption to the connection when you visit our website or use the application or mobile site.

Photos and illustrations proposed on the application, the mobile site and the other communication supports shall not be deemed to be contractual descriptions of the software characteristics. The software characteristics that you are provided with may differ from the proposed illustrations.

Update from Apple: Surikate cannot be held responsible for the loss of your account following a change to your identification details for your AppXpert account, related to your update of your Apple device to iOS 7

6. Intellectual property rights
6.1 You acknowledge and agree that all copyright, trademarks and all intellectual property rights in all materials and/or content made available as part of use of our Application and our Site shall remain at all times vested in us or our content providers (as the case may be).

6.2 We grant you a worldwide, revocable, non exclusive, non-assignable, non-transferrable license to use our Application or our Site worldwide for your personal non-commercial use only, subject always to these Terms.

6.3 You may not or allow any other person to:

(a) Copy, reproduce, publish, distribute, transmit, disseminate, display, exhibit, translate, edit, modify, create derivative works from, or exploit in any way any part of our Application or our Site;

(b) Licence, sublicense, sell, resell, transfer, assign distribute or otherwise commercially exploit or make available to any third party our Application or our Site;

(c) Reverse engineer or access our Application or our Site in order to:

(a) Build a competitive product or service;

(b) Build a product using similar ideas, features, functions or graphics of our Application or our Site;

(c) Copy any ideas, features, functions or graphics of our Application or Site; or

(d) Launch an automated programme or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms or any programme which may make multiple server requests per second, or unduly burdens or hinders the operations and/or performance of our Application or our Site.

6.4 Any unauthorised use of the Site or our Application may violate copyright, trademark and other applicable laws and could result in criminal and civil penalties.

7. your content
7.1 By posting any content or information through our Application you grant us a royalty-free, non-exclusive, non-revocable, transferrable, worldwide and perpetual right to use of all or any part of your posted information and content in any manner or media now existing or hereafter developed, including the right to publicly display, publicly perform, transmit, stream, broadcast, adapt, modify, edit, translate, decompile, create derivative works, sublicense, assign, commercialize and otherwise exploit without any compensation due to you, which right shall survive any termination of your license hereunder or otherwise to use the Services or ability to post content hereto.

8. warranties
8.1 You warrant that:

(a) you have the right and capacity to enter and be bound by these Terms;

(b) you shall comply with all applicable laws regarding your use of our Site, our Application or Services; and

(c) any content that you are posting through our Application or Site complies with the Terms, does not infringe, misappropriate or violate any third party rights or result in the violation of any applicable law or regulations. You agree to indemnify us from and against any and all claims, losses, expenses, damages and costs, including, without limitation, court and legal representation fees, arising from or relating in any way to your use of our Site, our Application or our Services, including without limitation any content posted or otherwise created by you.

8.2 We make no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Site, our Application and our Services and all applications provided by our third party providers.

8.3 We do not represent or warrant that:

(a) the use of the Site, the Application and the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; or

(b) the Site, the Application and the Services will meet your requirements or expectations.

9. Limitation of liability
9.1 To the extent permitted by law, we expressly exclude:

(a) all conditions, warranties and other terms whether expressed or which might otherwise be implied by statute or common law;

(b) any liability for indirect or consequential loss which are losses incurred as a side effect of the main loss or damage;

(c) loss of profit;

(d) loss of income or revenue;

(e) loss of business or contracts;

(f) loss of data;

(g) loss of good will and reputation; or

(h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

9.2 Nothing in these Terms shall serve to limit or exclude our liability for death or personal injury resulting from our negligence.

10. Termination
10.1 The circumstances which give us a right to suspend and/or terminate your access to the Site, the Application and/or the Services are as follows:

(a) if our network providers and suppliers cease providing us with their services;

(b) if we have reason to believe that you have breached any of these Terms;

(c) where we have reason to believe that you fail to comply with any applicable laws or legislation or court order or arbitral award;

(d) where we have reason to believe that your login details and Account with us may have been hacked into by a third party and used without your authorisation; or

(e) in situations where we have reason to believe that you have provided us with false, inaccurate or misleading information when you registered with us or thereafter.

11. no waiver
In the event that we fail to exercise any right or remedy contained in these Terms, this shall not be construed as a waiver of that remedy or right.
12. Miscellaneous
12.1 If any of the provisions of these Terms are deemed to be invalid, unlawful or unenforceable for any reason, they will to the extent be severed from the remaining Terms and the rest of the provisions of these Terms shall continue to be valid to the fullest extent permitted by law.

12.2 These Terms shall be governed by and construed in accordance with English law and the English courts shall have exclusive jurisdiction over any dispute arising from the performance of these Terms or regarding their meaning and effect