Terms & Conditions

The following Terms and Conditions govern your use of the Jatly website available at http://www.jatly.com and your use of the Jatly Mobile Applications (iPhone and Android), (collectively called “ Jatly”).

Introduction

These terms and conditions govern your use of Jatly. By using Jatly you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use Jatly.

You must be at least 18 [eighteen] years of age to use Jatly. By using Jatly and agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

Conditions of Use

All content posted on Jatly is publicly available online. Accordingly, by posting messages or content onto Jatly, you acknowledge that these messages and content will be made publicly available. This publicly available information will include but is not limited to your username, avatar, comments, reputation and location.

You agree not to use Jatly in any way which is unlawful, illegal, fraudulent , obscene
or harmful, or in connection with any unlawful, illegal, fraudulent , obscene or harmful purpose or activity.  You further agree not to use Jatly in any manner that would harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.  You must not use Jatly to violate any applicable laws, impersonate any person, or distribute viruses or software, or engage in any activity that inhibits any other person from using Jatly.

Further you agree that we are in no way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using our Services.

You must not use Jatly to transmit or send unsolicited commercial communications, unless otherwise agreed.

Consent to use of Data

You agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software. This information is gathered periodically to facilitate the provision of software updates, product support and other services.  You agree that we may use this information, as long as it is in a form that does not personally identify you. (For further information please see our privacy policy).

Intellectual Property Rights

Unless otherwise stated, Jatly and/or its licensors own the intellectual property rights used on Jatly.
You agree that Jatly and/or ts licensors own all right, title and interest in and to Jatly, including without limitation all applicable Intellectual Property Rights. You agree that Merchants and/or third parties own all right, title and interest in and to the Merchant Offers.
Intellectual Property Rights means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights worldwide.

You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, translate, transfer, modify, adapt, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Jatly, unless otherwise permitted.

You agree that all information contained on Jatly and all information compiled by Jatly through operation of Jatly, is the proprietary information of Jatly. Personal information provided by you to Jatly will be kept confidential and will not be distributed, except in aggregate form, to any third party. Notwithstanding the foregoing, Jatly reserves the right to identify you to a third party where Jatly, acting in good faith and reasonably, believes (i) that you have infringed or violated the right of that third party, or (ii) is necessary to satisfy any applicable law or regulation, or comply with legal process or a government request, (iii) that the disclosure of such information is necessary for Jatly to protect its legal or proprietary interests.

Promotion and Advertising Offers (Merchant Offers)

Jatly provides you with promotion and advertising of Merchant Offers. Your use of the Jatly Service indicates your acceptance to receive such Merchant Offers.

The Merchant offer is provided at the sole discretion of the Merchant. The Merchant is solely responsible for setting the terms and conditions of all of its Merchant Offers and for honoring all advertised offers. You agree that Jatly is not offering or promoting the products advertised or promoted in the Merchant Offers.  The promotion of any Merchant Offer does not imply that either Jatly or any school or Community Organization or other body has endorsed the ad or the product or service being advertised. Any use of the offer is at your own risk. Jatly shall not be responsible for: (a) the safety, quality, accuracy, reliability, integrity or legality of any Merchant Offers or of the ability of a Merchant to deliver an offer or Product.

The date by which the Merchant Offer may be redeemed with the Merchant is advertised or provided with each Merchant Offer. The benefits of the Merchant Offer are only available from the Merchant during the Redemption period. You must redeem the promotion directly from the Merchant before the end of the redemption period. The Merchant is not obligated to honor the Merchant Offer after the end of the Redemption Period.

You agree to release Jatly and its agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with your dispute with any Merchant, other Buyer, advertiser or other third party in connection with the use of Jatly or any Merchant offers advertised on Jatly. You agree that you will not involve Jatly in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Merchant, other Buyer, advertiser or other third party in connection with the use of Jatly or any Merchant offers advertised on Jatly. If you attempt to do so, (i) you shall pay all costs and legal fees of Jatly and shall provide indemnification as set forth in these Terms and Conditions, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in these Terms and Conditions.

Further to the above, Jatly may include advertisements, hyperlinks and pointers to web sites operated by third parties.  Your correspondence or dealings with, or participation in promotions of, advertisers on these websites are solely between you and such advertisers. We have not reviewed all of these websites and are not responsible for the content or accuracy of any off-site pages or any other web sites linked to Jatly (including without limitation websites linked through advertisements).

Payment for Acceptance of Promotional Offers

Jatly provides you with points (called Jatpoints) for viewing and clicking “Accept” on the Merchant Offers received within the specified time limit.

You agree as follows:
a) Nomination of Beneficiary
Jatly will provide you with a list of Beneficiaries from which you will be required to nominate a Beneficiary who will collect any points earned by you from your use of the Jatly App. Your nominated beneficiary will collect any points earned by you from your use of the Jatly App, until such time that you can select another Beneficiary. You may change your designated beneficiary at any time from within the Jatly App.  Any points accrued at this time shall be considered donated to your original nominated beneficiary.
b) Free Trial Campaigns
From time to time Jatly may run Free Trial campaigns for advertisers.
You will not receive any points for Acceptance of the Merchant Offers that result from these “promotional” campaigns.
c) Refunds
Should Jatly refund an Advertiser for payment of their campaign or any part of their campaign, the points relating to this refund will be deducted from the accounts that were credited during the course of the campaign.
c) Time Limits
From when a Merchant Offer is received you will have a limited period of time from which to click “Accept” on the Merchant Offer to receive points for the offer. When the time limit for clicking “Accept” has expired you will no longer be presented with the “Accept” button and will no longer be able to earn points for this offer.

Registration and Security

You may be asked to register with Jatly in order to obtain full use of all features.

When registering you are required to provide accurate and complete registration information. You must ensure that your username and password are kept confidential. You alone are responsible for your password and username security.  You are solely responsible for any and all activities that occur under your account. You authorize us to assume that any person using your username and/or password is either you or authorized by you to act on your behalf. If you become aware of any breach of your username and / or password or believe the security of your account has been compromised then you agree to immediately notify us.

From time to time, Jatly support staff may log in to your account, under your customer password in order to maintain or improve service, including to provide you assistance with technical or billing issues. You hereby acknowledge and consent to such access.

Jatly may disable your username and password at it’s sole discretion without notice or explanation.
If you cancel your account at any time or your account is disabled or closed by us, all of your user content remains with Jatly. Further any funds earned on the account are also forfeited at the time of closure.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to Jatly for whatever purpose. You grant Jatly a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Jatly the right to sub-license these rights, and the right to bring an action for infringement of these rights.  Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Jatly or a third party (in each case under any applicable law). You must not submit any user content to Jatly that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserves the right to edit or remove any material submitted to Jatly, or stored on the servers of Jatly or hosted or published upon Jatly. Jatly does not undertake to monitor the submission of such content to, or the publication of such content on Jatly.

No warranties

Jatly makes, and you receive, no warranties or conditions, express, implied, statutory, or otherwise, and Jatly specifically disclaims any implied warranties of merchantability, noninfringement and fitness for a particular purpose. Jatly does not warrant that the Jatly service will meet your requirements or that the operation of the Jatly service will be uninterrupted or error free. Jatly does not warrant that the content on the Jatly service is accurate, complete, true, non-misleading, non-infringing, legal or decent.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE JATLY SERVICE IS AT YOUR OWN RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. While Jatly uses commercially reasonable efforts to ensure a high standard of service, Jatly does not guarantee, and assumes no liability in the event, that the Jatly service will be operational at all times or that the Jatly service will not experience periodic disruptions.

JATLY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE JATLY SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF JATLY SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE JATLY SERVICE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT TRAMSMITTED, POSTED, EMAILED, OR OTHERWISE MADE AVAILABLE VIA THE JATLY SERVICE. JATLY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY MERCHANT OFFER ADVERTISED OR PROMOTED THROUGH THE JATLY SERVICE, AND JATLY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF MERCHANT OFFERS.

Limitations of liability

Jatly, its officers, employees and agents will not otherwise be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, loss of Merchant offer or opportunity, loss of anticipated savings or any other similar or loss or damage arising out of or relating to your access to, or use of, or inability to use the Jatly Service or any content related thereto,  whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage.

IN NO EVENT SHALL WE BE LIABLE TO THE OTHER FOR LOST CONTRACTS OR LOST PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN ANY WAY ARISING OUT OF THE USE OF THE JATLY SERVICE OR RELATING TO THIS AGREEMENT HOWEVER CAUSED UNDER A CLAIM OF ANY TYPE OR NATURE BASED ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT OR WARRANTY) EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN COMMUNICATED.

Indemnity

You hereby agree to indemnify defend and hold harmless Jatly and its officers, employees, agents, subsidiaries, successors, licensors and sub-contractors and undertake to keep Jatly indemnified against any and all losses, damages, claims, actions, costs, liabilities and expenses, including without limitation legal expenses incurred or suffered out of your use of the Jatly Service or any Merchant Offers or arising out of any claim that you have breached any provision of these terms and conditions.

Variation

Jatly reserves the right to vary these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Jatly may transfer, sub-contract or otherwise deal with Jatly’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with Jatly’s Privacy Policy constitute the entire agreement between you and Jatly in relation to your use of the Jatly Service, and supersede all previous agreements in respect of your use of the Jatly Service.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of Queensland, Australia , and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. iPhone is a trademark of Apple Inc.
Android is a trademark of Google Inc. Use of this trademark is subject to Google Permissions.

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