Annex A

Terms of Service – Coufon Service

NOTICE TO THE END USER:

PLEASE READ THE FOLLOWING TERMS & CONDITIONS (“T&Cs”) CAREFULLY WHICH ARE APPLICABLE TO THE COUFON SERVICE (“LICENSED MATERIALS”). BY USING, COPYING OR DISTRIBUTING ALL OR ANY PORTION OF THE “LICENSED MATERIALS” YOU ACCEPT ALL THE T & Cs. IF YOU DO NOT AGREE WITH THEM, PLEASE DO NOT USE THE LICENSED MATERIALS.

In order to install any Licensed Materials, you must agree to these T&Cs. 
Installation and use of the Licensed Materials is voluntary. For un-installation, please go to the application installer on your phone and uninstall Coufon. Affle may modify or discontinue your right to access or use the Licensed Materials at any time and for any reason whatsoever.

There are no charges for using this application.

  1. Ownership and Authority to Bind Users

    All the intellectual property in the Licensed Materials is owned by Affle Pte. Ltd., 38 Maxwell Road, #04-01 Airview Building, Singapore 069116.

    It is assumed that you are the owner of the mobile phone on which the Licensed Materials will be installed, or you must be authorized by the owner of the mobile phone to install it.

  2. Scope of License and License Restrictions

    The Licensed Materials are merely licensed and not sold to you and user rights with regard to the Licensed Materials are granted hereunder. You shall not modify, adapt, translate, reverse-engineer, decompile, disassemble, or otherwise discover the Licensed Materials. All communications between us and the Licensed Materials and the content stored on our servers and in the Licensed Materials includes confidential information and you shall not access, publish, transmit, display, create derivative works of, store, or otherwise exploit any such confidential information except as may be performed by the Licensed Materials in the ordinary course of operation. You shall not have the right to create derivative works of Licensed Materials.

  3. Interference

    Use of any robot, spider, other automatic or non-automatic manual device or process intended to interfere or attempt to interfere with the proper working of the Licensed Materials is prohibited.

  4. Updates

    Occasionally, the Licensed Materials may be automatically, or through other means, updated, upgraded, or patched. Your license to an existing version of Licensed Materials may, at our discretion, expire when new versions of Licensed Materials are released.

    As per the current business model, the Coufon application is downloadable free of cost. Updates/upgrades are also planned to be free of cost. We may plan to introduce premium add-on features that would be chargeable but for the foreseeable future there are no plans to do so.

    Coufon is currently compatible with handsets that use Java MIDP 2.0 with socket connection support. A customer with a non-compatible handset cannot install and/or use Coufon onto his/her handset.

    Notwithstanding the foregoing, AFFLE have no obligation to make available to you any subsequent versions of Licensed Materials. Any subsequent versions made available to you would require the end user to freshly accept the terms and conditions contained with the modified version.

  5. Indemnity and Liability

    USE OF THE LICENSED MATERIALS IS AT YOUR OWN RISK. WE PROVIDE THE LICENSED MATERIALS ON AN "AS IS," "WHERE IS" BASIS AND AFFLE MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. NOTWITHSTANDING THE FOREGOING YOU AGREE THE USE OF THE LICENSED MATERIALS BY YOU IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. WE MAKE NO WARRANTY THAT INFORMATION PROVIDED BY THE LICENSED MATERIALS IS ACCURATE, RELIABLE, TIMELY, UNINTERRUPTED, ERROR-FREE, OR OTHERWISE WILL MEET YOUR EXPECTATIONS.

    If you are dissatisfied with the Licensed Materials, products or services available on or through the Services or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue accessing and using the Services or un-installing the Licensed Materials.

    Customer shall indemnify Affle against all claims, damage loss or other liabilities made against or suffered by Affle relating to Customer's use of the Services or arising from Customer's breach, negligence or omission, including but not limited to claims for damages, defamation, infringement of intellectual property rights, property damage or otherwise.

    Disclaimer Of Warranty shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.

  6. Modification of terms

    The above terms and conditions set forth the entire understanding between you and Affle with respect to the Coufon service. Except as described herein, you shall not assign these Terms without prior consent of Affle. Affle may at anytime with or without notice change these terms. In such case, and when appropriate, Affle will seek consent to the new terms from the end user.

  7. Privacy Statement

    Except as provided below, Affle will not share any information to any third party without your explicit permission, unless Affle is obliged to do so under applicable laws or by order from competent authorities.

    Usage of the offers made to the consumer through Coufon will be at the end user's risk. Offers are not under Affle’s control and the end user will be bound by their privacy policy and agreement, if any.  

    Affle reserves the right to modify the provisions of this privacy statement if deemed necessary. The revised privacy statement will be available on the applicable Coufon website. You agree that foregoing or your continued use of the Licensed Materials will be deemed as your acceptance of this revised privacy statement.

    Affle will retain your information for as long as is necessary to; (i) perform its service, (ii) carry out our research and marketing activities, (iii) comply with applicable legislation, regulatory requests and relevant orders from competent courts and law enforcement authorities, and (iv) Enforce our terms of service agreement or fulfill any of the other purposes outlined in this privacy statement.

  8. Jurisdiction

    These Terms and Conditions shall be governed and construed in all respects in accordance with the laws of Singapore and the Parties submit to the exclusive jurisdiction of the Singapore Courts.

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