IP&E application: Terms of Use Agreement

Agreement Date and Version:

DATE OF LAST REVISION: February 14,2022


AGREEMENT VERSION NO.: 2.0

Nothing in this material is intended to override the corporate separateness of local entities.

IP&E GBA Limited (“IPEGBA”, “we”, “us”, or “our”) are willing to grant you access to the IP&E application along with other related or linked websites, applications, services, interfaces, tools, software, and other functionality provided on or through the IP&E application (collectively, the “IP&E app”) subject to your agreement to comply with these General Terms, our Privacy Statement (accessible, here) (collectively this “Agreement”).

By accessing or using the IP&E app on any computer, mobile phone, tablet, console or other device (together “Devices” and each a “Device”), you agree to this Agreement, as updated from time to time. Accordingly, your use of the IP&E app constitutes acceptance of this Agreement and gives rise to a binding legal agreement between IPEGBA and you governing your use of the IP&E app.

BY USING THE IP&E APP, YOU AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH HEREIN OR ARE UNWILLING TO ABIDE BY ANY TERM OR CONDITION SET FORTH HEREIN, DO NOT USE THE IP&E APP. BY USING THE IP&E APP, YOU HEREBY AGREE AND REPRESENT AS FOLLOWS:

1. IPEGBA May Change this Agreement.

IPEGBA reserves the right, at its sole discretion, to change, modify, add, or delete portions of this Agreement at any time and without any further notice to you. If we do this, we will post the updated version of this Agreement in the IP&E app. It is your responsibility to regularly check for changes to this Agreement and to review such changes. Any new features or updated content or applications that we make available as a part of the IP&E app will be subject to this Agreement. Your continued access or use of the IP&E app after any such changes constitutes your acceptance of the new Agreement. In some cases you may be asked to agree to revised terms when accessing the IP&E app and if you do not agree to the revised terms you will not be allowed to use the IP&E app.

2. This Agreement is Effective Until Terminated.

This Agreement is effective until terminated. You may terminate this Agreement for any reason by uninstalling the IP&E app. Your rights under this Agreement will terminate automatically without notice from IPEGBA, if you fail to comply with any of the terms, conditions, or guidelines of this Agreement. Upon the termination of this Agreement, you shall cease all use of the IP&E app. In the event that your rights to use the IP&E app are terminated, you may immediately lose access to any information that may be on IPEGBA’s or its licensors’ systems. IPEGBA can terminate your access to the IP&E app at any time. IPEGBA may also remove any user content that you post without cause and without notice to you.

 

3. IPEGBA May Change the IP&E app.

The IP&E app is currently made available to you free of charge. IPEGBA reserves the right, in its sole discretion, without notice to you, at any time and from time to time, temporarily or permanently, in whole or in part, to modify, suspend, terminate, withdraw, or discontinue all or any part of the IP&E app without compensation to you.

 

4. The IP&E app Belongs to IPEGBA.

The IP&E app (including, without limitation, any material, software, code, files, content, and images contained in or generated by the IP&E app, accompanying data, and other embedded software, including third-party software (collectively, “IPEGBA Content”)), IP&E app updates and upgrades, and documentation and accompanying fonts (collectively, “IPEGBA Documentation”) — whether in read-only memory, on any other media, or in any other form — are owned by IPEGBA or its licensors and are protected by applicable law, including copyright, trademark, patent, and/or trade-secret law. Neither title nor any intellectual property rights are transferred to you, but rather remain with IPEGBA, or the relevant third party, which owns full and complete title to the IP&E app, IPEGBA Content, IP&E app updates and upgrades, and IPEGBA Documentation. Further, IPEGBA Content and IPEGBA Documentation may also have confidentiality requirements and must not be shown to others without appropriate confidentiality provisions in effect.

In addition, ESSO, IPEGBA, MOBIL, ESSO LPG標準石油氣, MOBIL LP-GAS美孚石油氣 and certain other brands, trademarks, and services marks (collectively, “IPEGBA Marks”) are marks of IPEGBA and its affiliates or marks that have been licensed to IPEGBA by the owners or licensors of such marks. Not all marks of IPEGBA will appear on the IP&E app. Marks of third parties may appear on the IP&E app when referring to those entities or their products or services.

Third party marks displayed on the IP&E app are IPEGBA Contents which are also protected by copyright. All such rights are reserved. All content, interfaces, graphics, code, design rights, and other intellectual property rights, in each case, whether registered or unregistered, other than the marks of third parties, and related goodwill are the property of IPEGBA.

YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE IP&E APP, IPEGBA CONTENT, IPEGBA DOCUMENTATION, IPEGBA MARKS, OR ANY OTHER IPEGBA PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT. IPEGBA will terminate your access to, or use of, all or any part of the IP&E app, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of IPEGBA or others. FURTHER, IPEGBA RESERVES ALL OTHER RIGHTS WITH RESPECT TO ITS INTELLECTUAL PROPERTY.

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5. Limited Right to Use.

Solely to enable your use of the IP&E app for non-profit making, non-exclusive purposes, subject to third-party terms (as described below) IPEGBA hereby grants you a limited, revocable, non-sub-licensable license to use the IP&E app as provided in this Agreement. This license entitles you to install the IP&E app on your Device and to use the IP&E app subject to this Agreement. Further, this Agreement does not grant you any rights to use IPEGBA’s proprietary interfaces and other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories for use with the IP&E app. Any use of the IP&E app in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification, or distribution of the IP&E app or copying or distribution of text, pictures, music, video, data, hyperlinks, displays, and other content provided by the IP&E app is prohibited.

 

6. IPEGBA May Collect Certain Information About Me When I Use the IP&E app.

While using the IP&E app, IPEGBA may locate or record information including, but not limited to, geographic location, other analytics, the operating system of your device, the type of device you use, your device’s unique ID, the IP address of your device, the type of mobile Internet browsers you use, session start and stop times, your time zone, your network status, your International Mobile Equipment Identity, information about the way you use the IP&E app, and any other information tied directly or indirectly to your device (“Device Information”). Your use of the IP&E app constitutes your consent to allow IPEGBA to record and use your Device Information, subject to our Privacy Statement (linked here for reference) and applicable law.

 

7. I Will Not Use the IP&E app Unless I Agree to, and Follow, Each of These Rules:

A. Safe Use of the IP&E app:

The safety of all IP&E app users is important. In addition, IPEGBA believes that all users and visitors benefit from basic rules regarding conduct while using the IP&E app. Widespread use and enjoyment of the IP&E app is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask that you follow a few basic rules of conduct when using the IP&E app. Accordingly, you agree as follows:

1. I will use the IP&E app only in a safe and reasonable manner. I will not use the IP&E app while driving or operating a motor vehicle.

2. I will exercise caution, good sense, and proper judgment when using the IP&E app.

3. I will not encourage or facilitate any violations of this Agreement.

4. I will not use the IP&E app in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, indecent, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person's privacy or other rights, or any material that IPEGBA in its sole discretion does not wish posted or transmitted on the IP&E app.

5. I will not engage in and/or encourage conduct that would: (i) violate any applicable law or regulation or (ii) give rise to civil liability.

6. I will not engage in conduct which could damage or impair the intended operability of the IP&E app.

7. I will not impersonate any individual or entity, falsely state or otherwise misrepresent IPEGBA’s identity or affiliation in any way.

8. I will not engage in marketing or promotion of goods or services other than IPEGBA goods or services in connection with my engagement with IPEGBA.

9. I will not assist or permit any persons in engaging in any of the activities described above.

IPEGBA reserves the right (but not the obligation) in its sole discretion to refuse, delete, suspend, or terminate—without notice—your access to or use of the IP&E app upon a violation or attempted violation of this Agreement, including, without limitation, any of the rules listed above. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities that violate this Agreement if such use of another company’s service could reasonably be expected to adversely affect the IP&E app in any manner.

 

B. Mobile Device Data Services:

The IP&E app may require use of the Internet to operate correctly, thus the quality and availability of the IP&E app may be affected by factors beyond IPEGBA’s control. IPEGBA does not accept responsibility for unavailability of the IP&E app. Further, the terms of your agreement with your respective mobile network provider apply when using the IP&E app. You may be charged by your respective mobile network provider for access to network connection services for the duration of the connection while accessing the IP&E app. All such charges are your responsibility. Further, you agree that your use of the IP&E app is not contrary to any terms or conditions of coverage extended to you by your respective mobile network provider.

8. The IP&E app Contains Third-Party Software Components that are Governed by Additional Terms.

The IP&E app may contain various third-party software components and services (which may include various licensed modules, templates, etc.). When you use the IP&E app, you are agreeing to IPEGBA’s use of such third-party software components and services. You are also agreeing to any applicable terms of use, licenses, or privacy policies related to such third-party software components and services, if any. A breach of any such terms of use, licenses, or privacy policies shall be deemed a breach of this Agreement. By using the IP&E app, you expressly relieve IPEGBA from any and all liability arising from your use of any third-party components or services embedded in the IP&E app.

The IP&E app may also contain links to other sites, applications, or content, which may appear to be embedded into the IP&E app, but which are not part of the IP&E app (“third party links”). Your use of third-party links is subject to the terms of use, if any, governing the use of such third-party links. IPEGBA is not able to control these third-party links, and assumes no responsibility for their subject matter, terms, privacy policies, or practices. If there is any conflict between this Agreement and any terms or notices set forth with respect to any third-party links, then the terms of such third-party links control. Please review the terms of use for all such third-party links so that you understand all of the terms that apply to you. By using the IP&E app, you expressly relieve IPEGBA from any and all liability arising from your use of any third-party links.

9. I Also Agree to the Following General Terms and Conditions:

A. Terms Specific to Google-Embedded Applications:

In addition to the other provisions of this Agreement, the following terms and conditions apply to software applications made available by IPEGBA that are intended to be operated in connection with products made commercially available by Google LLC (“Google”) via the Google Play Store (each, a “Google-Enabled application”):

1. You and IPEGBA acknowledge that this Agreement is concluded between you and IPEGBA, and not with Google, and that IPEGBA, not Google, is solely responsible for the Google-Enabled application and the content thereof.

2. You may not use the Google-Enabled application in any manner that violates any of Google’s Terms of Service that may be applicable in the jurisdiction in which the Licensed Application was obtained; Google’s Terms of Service can be found at the following URL: https://play.google.com/intl/en_us/about/play-terms.html.

3. You acknowledge that you have had an opportunity to review the “Terms of Service” and any other terms and conditions set forth for Licensed applications in the Google Play Store terms and conditions and any other Google terms and conditions that may be applicable in the jurisdiction in which the Licensed application was obtained.

 

B. Terms Specific to Apple-Embedded Applications:

In addition to the other provisions of this Agreement, the following terms and conditions apply to software applications made available by IPEGBA that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”) (each, an “Apple-Enabled application”):

1. You and IPEGBA acknowledge that this Agreement is concluded between you and IPEGBA, and not with Apple, and that IPEGBA, not Apple, is solely responsible for the Apple-Enabled application and the content thereof.

2. You may not use the Apple-Enabled application in any manner that violates any of Apple’s terms and conditions that may be applicable in the jurisdiction in which the Licensed application was obtained; Apple’s terms and conditions can be found at the following URL: https://www.apple.com/legal/internet-services/itunes/ww/.

3. You acknowledge that you have had an opportunity to review the “Usage Rules” and any other terms and conditions set forth for Licensed applications in the iTunes Store Terms and Conditions, the iTunes Store, Mac App Store, App Store, and iBookstore Terms of Sale, the Mac App Store, App Store and iBookstore Terms and Conditions, the Privacy Policy, the Game Center Terms and Conditions, and any other Apple terms and conditions that may be applicable in the jurisdiction in which the Licensed application was obtained; Apple’s terms and conditions can be found at the following URL: https://www.apple.com/legal/internet-services/itunes/ww/.

4. The license granted to you for the Apple-Enabled application is limited to a non-transferable license to use the Apple-Enabled application on any iPhone, iPad, or iPod touch that you own or control as permitted by the Usage Rules set forth in the iTunes Store Terms and Conditions.

5. You and IPEGBA acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Enabled application.

6. Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled application to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be IPEGBA’s sole responsibility, to the extent such warranty or responsibility cannot be disclaimed under applicable law.

7. You and IPEGBA acknowledge that IPEGBA, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled application or your possession and/or use of that the Apple-Enabled application, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

8. You and IPEGBA acknowledge that, in the event of any third-party claim that the Apple-Enabled application or the end-user’s possession and use of that Apple-Enabled application infringes that third party’s intellectual property rights, IPEGBA, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

9. You represent and warrant that (i) you are not located in a country/region that is subject to a government embargo in the jurisdiction in which the Licensed application was obtained, or that has been designated as a “terrorist supporting” country/region; and (ii) you are not listed on any government list of prohibited or restricted parties.

10. You and IPEGBA acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple-Enabled application, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enabled application as a third-party beneficiary thereof.

C. Liability and Warranty Disclaimer:

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE IP&E APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. FURTHER, YOU UNDERSTAND THAT ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE USING THE IP&E APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE IP&E APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE IP&E APP ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.

IPEGBA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE IP&E APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. IPEGBA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE IP&E APP, THAT THE FUNCTIONS CONTAINED IN THE IP&E APP, OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE IP&E APP OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE IP&E APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IPEGBA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. MOREOVER, NOT ALL THE FUNCTIONALITY AND FEATURES SET FORTH IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO GAMING FUNCTIONALITY, WILL NECESSARILY BE AVAILABLE IN THE INITIAL VERSION (OR ANY FUTURE VERSION) OF THE IP&E APP, AND NO MENTION OF SUCH FUNCTIONALITY OR FEATURES HEREIN SHOULD BE CONSTRUED AS A PROMISE TO PROVIDE SUCH FUNCTIONALITY OR FEATURES IN THE IP&E APP OR IN ANY OTHER PRODUCT OFFERED BY IPEGBA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL IPEGBA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SUBSTITUTE SERVICES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE IP&E APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF IPEGBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS ON LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT. YOU AND IPEGBA HEREBY ACKNOWLEDGE AND AGREE THAT BOTH YOU AND IPEGBA WOULD NOT BE ABLE TO PERFORM HEREUNDER ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL IPEGBA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED FIFTY HONG KONG DOLLARS (HK$50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

D. Indemnification:

YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE IP&E APP. ACCORDINGLY, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD IPEGBA AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST, OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’ FEES) THAT IPEGBA MAY INCUR IN CONNECTION WITH A THIRD-PARTY CLAIM, OR OTHERWISE, IN RELATION TO YOUR USE OF THE IP&E APP OR YOUR VIOLATION OF EITHER THIS AGREEMENT OR THE RIGHTS OF ANY THIRD PARTY.

 

E. Hong Kong Use Only:

The IP&E app may only be used by persons who are legally resident in the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). Access to or use of the IP&E app by persons or from countries/regions who are sanctioned by the United States or the European Union is specifically prohibited.

 

F. Limitations on Use of the IP&E app:

We reserve the right not to accept any use of the IP&E app or otherwise limit use of the IP&E app if we reasonably believe that the use is unauthorized, fraudulent, or otherwise unlawful.

 

G. Privacy Policy:

Any information that IPEGBA may collect from you during your use of the IP&E app is subject to our Privacy Statement, which is a part of this Agreement. We encourage you to read and understand our Privacy Statement, which can be accessed here.

H. Disputes and Governing Law:

This Agreement is governed by and must be construed in accordance with the laws of Hong Kong and in the event of any dispute arising out of or in connection with this Agreement or any dispute arising in relation to the IP&E app the courts of Hong Kong will have exclusive jurisdiction over such dispute.

I. Miscellaneous:

This Agreement is the entire agreement between you and IPEGBA. It supersedes and replaces any and all prior or contemporaneous agreements between you and IPEGBA relating to your use of the IP&E app (including, prior versions of this Agreement). The failure of IPEGBA to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found unlawful, void, or unenforceable by a court, that provision is deemed severed from this Agreement and does not affect the validity and enforceability of any remaining provisions. IPEGBA can change this Agreement at any time, and your continued use of the IP&E app after any change IPEGBA makes will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the IP&E app. Where this Agreement is available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions. IN THE EVENT THAT YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE IP&E APP FOR ANY PURPOSE.

J. Other Legal Notices:

The IP&E app may use or otherwise incorporate a variety of software products provided by third-party vendors, many of which may require IPEGBA to express certain attributions and terms. These attributions and terms constitute a part of this Agreement as if fully set forth herein.

K. How to Contact Us:

If you have any questions or concerns about the IP&E app you may contact us at:

IP&E GBA Customer Support

Telephone: (852) 2815 5900

Email: customers@ipegba.com