BACK9 DIGITAL LIMITED APPLICATION – END USER TERMS

This is a legal Agreement between the person, company or organization (‘you’, ‘your’, ‘yourself’) that has licensed applications (‘App’) from Back 9 Digital Limited (Back9), a company registered under Number 579602 Ireland, and having its principal office at Coliemore House, Coliemore Road, Dalkey, Co. Dublin, Ireland (‘BACK9’, ‘we’, ‘us’, ‘our’, ‘ourself’) 

Back 9 Digital Limited (Back9) owns and licenses these Apps. The following are the Terms of Use that govern use of the Apps (‘Terms’). By using these Apps, you expressly agree to be bound by these Terms and the Back9 Privacy Policy and to follow these Terms and all applicable laws and regulations governing use of the Apps. Back9 reserves the right to change these Terms at any time, effective immediately upon posting on the Apps. Please check this page of the Apps periodically. We will notify users when there are updates to the Terms in the Apps and by email. If you violate these Terms, Back9 may terminate your use of the Apps, bar you from future use of the Apps, and/or take appropriate legal action against you. By accessing and using these apps, you, the User, are agreeing to these Terms. If you choose not to agree to any of these Terms, you may not access and use these applications.

The Apps are to be obtained only through registered distributors of Back9, Apple Inc.'s (“Apple”) software distribution platform ('Apps Store') and through Google Inc.'s (“Google”) software distribution platform ('Google Play Store'). Back 9 Solutions General Trading, Apple and Google are collectively referred to in this license as ‘Distributors’ and individually any of them is referred to as a ‘Distributor’. The 'Apps Store' and 'Google Play Store' are collectively referred to in this license as 'Apps Stores'. By installing and/or using the Apps, you are confirming your acceptance of this Agreement and you are agreeing to become bound by the Terms of this Agreement. These Terms shall apply only to Apps supplied by Back9 regardless of whether other software or platforms are referred to or described in this Agreement.

The Apps offered by registered distributors are licensed, not sold, to you for use only under the terms of this licence. Back9 reserves all rights not expressly granted to you. The Apps that are subject to this licence are referred to in this licence as the ‘Licensed Apps.’ The Licensed Apps are to be used on computers that use the most popular web browsers or mobile phones that operate with Apple, Inc.'s operating system (‘iOS’) and/or with Google Inc.'s operating system (‘Android’) and the devices are referenced in this licence as ‘Devices’. The chosen Web Browser Terms and Conditions, App Store Terms and Conditions and the Google Play Terms of Service are referenced in this licence as ‘Usage Rules’. The Web Browser, Apple and Google are not responsible for these Licensed Apps and contents thereof.

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Apps pursuant to the requirements and restrictions of these Terms. Back9 may change, suspend, or discontinue any aspect of the Apps at any time. Back9 may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Apps. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Apps. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Apps, or any of its contents (including software) in whole or in part.

  1.           Purpose of the Applications
    • a.         The Licensed Apps were created for booking, payment and membership services only.
    • b.         The Licensed Apps allows you, amongst other things, to access and make use of GPS, beacons, booking technology, payment solutions, interaction through social media channels, notifications and User generated content, customer / member loyalty schemes and programmes, account management systems and promotional and advertising services.
  2.           Scope of License
    • a.         BACK9 grants you a personal, non-exclusive, non-transferrable, limited and revocable license to use the Licensed Apps on any Devices you own or control and as permitted by the Usage Rules.
    • b.         This licence does not allow you to use the Licensed Apps on any Devices that you do not own or lawfully control, and you may not distribute or make the Licensed Apps available over a network where it could be used by multiple devices at the same time.
    • c.         You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Apps.
    • d.         You may not copy (except as expressly permitted by this licence and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Apps, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Apps). Any attempt to do so is a violation of the rights of Back9 and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
    • e.         The terms of the licence will govern any upgrades provided by Back9 that replace and/or supplement the original Licensed Apps, unless such upgrades are accompanied by a separate licence in which case the terms of that licence will govern.
  3.           User Information, Registration and Account Security
    • a.       If you enter any personal information on the Licensed Apps including, without limitation:
      • i.         User names,
      • ii.        passwords,
      • iii.       proper names,
      • iv.       email addresses,
      • v.        physical addresses,
      • vi.       locations,
      • vii.      financial information (including credit card information)
      • viii.     GPS location information, and
    • b.      information for and from third-party social-media accounts, (collectively the ‘User Information’)
    • c.      by acknowledging and agreeing to this Agreement, or by using the Licensed Apps, you consent to the transmission of the User Information to Back9 and its agents and third-party partners for Licensed App functionality and for the purposes disclosed in one or more of the policies related to privacy contained in this Agreement.
    • d.      You are solely responsible for the confidentiality and security of your User Information sent from or stored on the Licensed Apps. 
    • e.      You will not provide any false personal information on the Licensed Apps, or create an account for anyone other than yourself without permission.
    • f.      You will not create more than one personal account.
    • g.      If Back9 disables your account, you will not create another one without its permission.
    • h.      You will not access or use the Licensed Apps if you are under 18 years of age.
    • i.      You will not access or use the Licensed Apps if you are a convicted sex offender.
    • j.      You will not access or use the Licensed Apps if you are located in a country that is subject to embargo by the U.S. or any other country, or that has been designated as a “terrorist supporting” country by the U.S. or any other country.
    • k.      You will not access or use the Licensed Apps if you are listed on any U.S. or other country's list of prohibited or restricted parties.
    • l.      You will keep your contact information accurate and up-to-date.
    • m.      You will not share your password, let anyone else access your account, choose a profile which is not your own (if offered that choice), or do anything else that might jeopardize the security of yours or another User’s account.
    • n.      You will not transfer your account to anyone without first getting Back9”s written permission.
    • o.      If you select a Username or similar identifier for your account, Back9 reserves the right to remove or reclaim it if Back9 believes it is appropriate (such as when a trade mark owner complains about a Username that does not closely relate to a User's actual name).
    • p.      You are also solely responsible for all transactions and activities undertaken by anyone, whether authorized or unauthorized by you using your User Information or chosen Profile (if applicable). This includes any and all unauthorized purchases. 
    • q.      If you suspect someone has used your User Information on the Licensed Apps without your consent, you agree to immediately notify Back9 of any suspected unauthorized transactions associated with the Licensed Apps or any other breach of security.
    • r.      Back9 shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions related to the Licensed Apps.  
    • s.      Users shall be solely responsible for taking precautionary steps to protect their User Information, including without limitation password-protection and/or remote-wipe feature (where applicable).
    • t.      If you wish to modify, correct or update any information Back9 has received, please contact info@back9solutions.com or technical@back9solutions.com
  4.           Conditions of Use and Content-related Restrictions
    • a.      You are solely responsible for any content that you create and publish under the Licensed Apps.
    • b.      You warrant that you are the owner of all rights in the content that is created and published by you through the Licensed Apps or that you have all the authorizations enabling its dissemination and release.
    • c.      You will obtain all the necessary consents and permissions in relation to any persons or objections which are featured in or have any legal or beneficial interest in the content.
    • d.      You undertake not to publish, provide or send any content created under the Licensed Apps that:
      • i.        is hate speech, defamatory, racist, vulgar or pornographic; incites violence, crimes or suicides; or contains nudity or graphic or gratuitous violence;
      • ii.         infringes intellectual property rights belonging to third parties;
      • iii.        bullies, intimidates, harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party;
      • iv.        is unlawful, fraudulent, malicious, misleading, discriminatory or deceptive;
      • v.         uses technology or other means to access unauthorized content or non-public spaces;
      • vi.        uses or launches any automated system or process, including without limitation, “bots”, “spiders”, “robots”, “scrapers” or “crawlers” to access unauthorized content or non-public spaces;
      • vii.        attempts to or introduces viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      • viii.      attempts to or engages in unlawful multi-level marketing such as a pyramid scheme on the Licensed Apps;
      • ix.        attempts to damage, disable, overburden, or impair the proper working or appearance of the Licensed Apps, such as a denial of service attack or interference with page rendering or other Licensed Apps functionality or of that of any other servers or networks;
      • x.         attempts to solicit or gain unauthorized access to any computer network;
      • xi.        attempts to solicit or gain unauthorized access to any User accounts;
      • xii.       encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
      • xiii.      violates any local, national or international laws, conventions and treaties; and
      • xiv.      violates these Terms of Use in any manner; or
    • e.      fails to comply with the Usage Rules and any other applicable third-party terms and conditions or other third-party policies.
    • f.      You will not develop or you will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions and obtaining appropriate governmental clearances if applicable.
    • g.      You will not post unauthorized commercial communications (such as spam) on the Licensed Apps.
    • h.      You will be held liable for your content and publications and Back9 reserves its right to remove or delete any content from the Licensed Apps that is offensive in any form.
    • i.      All content, once published, is viewable by other Users of the Licensed Apps. Any misrepresentation and misuse of the material published by you will not be the responsibility of Back9 and neither is Back9 liable for any damages caused.
    • j.      Back9 reserves the right to pre-monitor any and all content generated by any User (including videos) and will not be held liable for content that is not immediately published on the Licensed Apps. Back9 is not subject to any obligation whatsoever to use any or all content submitted by you.
    • k.      Back9 does not knowingly collect personal information from minors under the age of 18. Minors are not permitted to use the Back9 Apps or services, and Back9 requests that minors under the age of 18 not submit any personal information to the Apps. Since information regarding minors under the age of 18 is not collected, Back9 does not knowingly distribute personal information regarding minors under the age of 18.
    • l.      You understand and agree that at Back9’s sole discretion, and without prior notice, Back9 may terminate your access to the Apps, or exercise any other remedy available and remove any unauthorized User information, if Back9 believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of Back9, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to Back9 for violations of these Terms and you consent to injunctive or other equitable relief for such violations. Back9 may release User information about you if required by law or subpoena.
    • m.      If you wish to modify, correct or update any information Back9 has received, please contact info@back9solutions.com or technical@back9solutions.com
  5.           Mobile and Other Devices
    • a.      Please be aware that while we currently provide mobile/communication services for free, your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
    • b.      In the event you change or deactivate your mobile telephone number, you will update your account information on the Licensed Apps within 48 hours to ensure that SMS (messages) are not sent to the person who acquires your previous number.
    • c.      You provide consent and all rights necessary to enable Users to sync (including through an application) their devices with any information that is visible to them on the Licensed Apps.
  6.           Payments
    • a.      Any purchase made within the Licensed Application (‘In-Apps Purchase’) shall be done through the Distributor that you originally downloaded the Apps from or through one of our third-party payment service providers (each a ‘Payment Processor’). If you choose to make an in-Apps Purchase you agree;
      • i.         that the services of Distributors or Payment Processors may be used to process transactions;
      • ii.        to review and be bound by the Distributor's, Payment Processor's and our terms of use and privacy policy;
      • iii.       to accept that a non-refundable verification fee will be charged to verify a user's debit or credit cards validity;
    • b.      to only provide valid and current information for yourself; and
    • c.      except as expressly provided in this Agreement, that all purchases are final and non-refundable.
    • d.      You acknowledge that you may need to hold, or register, an active account with the Distributor or Payment Processor in order to complete a purchase. All online purchases are also governed by the terms and conditions of respective merchant service providers. We are not responsible or liable for any activities or conduct of a Distributor or Payment Processor, and you agree to hold us harmless, and expressly release us, from any and all liability arising from the conduct of a Distributor or Payment Processor.
    • e.      Back9 accepts payment by Visa or MasterCard debit and credit cards for its products and services. All approved refunds will be made onto the original mode of payment.
    • f.      The displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction confirmation.
    • g.      All credit and debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
    • h.      Back9 will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific.
    • i.      You agree that you are only authorized to visit, view and to retain a copy of payment and respective confirmation pages on this Apps for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on these Apps for any purpose other than for personal use, unless otherwise specifically authorized by Back9 to do so. You also agree not to deep-link to the Apps for any purpose, unless specifically authorized by Back9 to do so. The cardholder must retain a copy of transaction records and Merchant policies and rules.
    • j.      These Apps may not be used for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Back9 ’s prior written consent to make commercial offers of any kind on the Apps, whether by advertising, solicitations, links, or any other form of communication. Back9 will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Apps and barring such violators from use of the Apps.
  7.           Back 9 Application Credit
    • a.       ‘App Credit’ can only be generated and utilized by activities in certain Back9 Mobile Apps. ‘App Credit’ can be generated or accepted by vendors choosing to utilize this benefit. App Credit will be displayed on the User’s Home screen and on the ‘App Credit’ Card in the Users Wallet. App Credit can be used alone or in conjunction with other payment mechanisms to pay for approved goods and services.
    • b.       Back9 App Credit that has not been utilized by a User will expire after 1 year and cannot be exchanged or utilized in any other form. Users will be notified of expiring credit by a push notification in the Apps and by email to their address in the database.
    • c.       User ‘App Back’ will be generated from time to time when paying for approved goods and services at golf offered by vendors. App Back will be automatically added to the Users App Credit when a payment has been successfully charged through the in-App payment gateway.
    • d.       3rd Party Reward Program points with authorized partners will be generated by the actual monetary spend in certain Back9 apps. The value of Back9 ‘App Credit’ utilized during any spend will not be included in the value of 3rd Party Points earned. 3rd Party Reward Points will be credited to their respective software automatically or manually by Back9 or vendors.
    • e.       Back9 is not responsible or liable for any activities or conduct and you agree to hold us harmless, and expressly release us, from any and all liability arising from the conduct of a 3rd Party Reward Programs.
  8.           Intellectual Property Rights
    • a.       You will retain ownership of all content that you upload to the Licensed Apps, including your photographs and videos. By uploading content to the Licensed Apps, you grant an irrevocable, non-exclusive, transferrable, sub-licensable, royalty-free, perpetual, worldwide license to Back9 to use the content in any way that it sees fit.
    • b.       When you delete any content, it is deleted in a manner similar to emptying the ‘Recycle Bin’ on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
    • c.      When you publish content or information on the Licensed Apps, it means that you are allowing everyone, including people off of the Licensed Apps, to access and use that information, and to associate it with you (i.e., your name and profile picture).
    • d.      We always appreciate your feedback or other suggestions about the Licensed Apps, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
    • e.      Back9 will not be liable for any loss or damage to you (in any capacity) on account of the use of any content submitted by you, nor for any legal action or for any other matter that may arise from the inclusion of content within the Licensed Apps or in any other media.
    • f.      You warrant that you are authorized by all parties who have a legal interest in any photographs, videos or any other content submitted by you for inclusion in the Licensed Apps and to grant the rights granted under this clause.
    • g.      No User will be paid for their contribution to the Licensed Apps or for any rights that they grant to Back9 or any other party.
    • h.      Back9 may assign and/or license the rights granted under these Terms (in whole or in part) without requiring the consent of any party.
    • i.      Although Back9 is not responsible for the content, quality or accuracy of data provided by Users, compilations of such data, text, information and other materials made available to Users through Back 9 technology. The on-line materials are Back9’s intellectual property, and are protected by international intellectual property laws. The on-line materials may not be copied or redistributed either in whole or in part without prior written consent of Back9, except as expressly and specifically permitted under these Terms of Use.
    • j.      The content, features and functionality of the Licensed Apps are owned by Back9 and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Back9 reserves all rights to the content, features and functionality of the Licensed Apps worldwide. Back9 grants you a non-exclusive, non-transferable license, revocable at any time at Back9's sole discretion, to access and use the Licensed Apps strictly in accordance with these Terms. The outlook and other contents of the Licensed Apps is copyright protected with all rights reserved. You may not duplicate, copy, or reuse any portion of the Licensed Apps without express written permission from Back9.
    • k.      Names or symbols appearing in the Licensed Apps including but not limited to the name of the Licensed Apps may be the protected marks or symbols of their respective owners. Without the prior written consent of Back9 or the relevant third party, usage of the Licensed Apps is not to be interpreted, indirectly or in any other way, as the granting of a license or any other access right to a mark or symbol appearing on the Licensed Apps.
    • l.      Back9 may terminate the privileges of any User who uses these Apps to unlawfully transmit copyrighted material without a license, express consent, valid defence or fair use exemption to do so. If you submit information to these Apps, you warrant that the information does not infringe the copyrights or other rights of third parties.
  9.           Links to Third Party Applications
    • a.      The Licensed Apps may enable access to third party services and web sites (collectively and individually, ‘Services’). Use of the Services may require Internet access and that you accept additional terms of service.
    • b.      You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Back9 or their partners will not be liable to you for content that may be found to be offensive, indecent, or objectionable.
    • c.      Certain Services may display, include or make available content, data, information, applications or materials from third parties (‘Third Party Materials’) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Back9 is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or web sites.
    • d.      Back9 does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties.
    • e.      Third Party Materials and links to other websites are provided solely as a convenience to you. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial professional.
    • f.      Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Back9, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or your choice to access such location data displayed by any Services.
    • g.      You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means.
    • h.      You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
    • i.      You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Back9 is not in any 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 any of the Services.
    • j.      In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Devices are not available in all languages or in all countries. Back9 makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
    • k.      Back9, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Back9 be liable for the removal of or disabling of access to any such Services. Back9 may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
  10. Cookies, Similar Technologies & Advertising
    • a.      Certain Licensed Apps use cookies and similar technologies when you register, to authenticate you when you use the Licensed Apps and to generally improve your experience on the Licensed Apps.
    • b.      By using the Licensed Apps, you accept our use of cookies as set out here. Back9 use these technologies to collect information about your use of the Licensed Apps, for example which areas you use most often and if you receive any error messages. This information helps us improve the Licensed Apps performance, ensure the experience we deliver is relevant and develop our products and services for you and other Users. This information may also be used to help us provide more meaningful and relevant communications to you.
    • c.      Certain functionality (such as uploading content to the Licensed Apps) will need to access information on your device to work. By using such functionality, you consent to the Licensed Apps accessing your device and information.
    • d.      You may also manage how the Licensed Apps accesses your devices or information using privacy settings on your web browser, mobile device (for iOS) or by uninstalling the Licensed Apps (for Android) or via the usage settings option in the Licensed Apps
    • e.      The Apps may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Apps are accurate and comply with all applicable laws. Back9 is not responsible for the acts or omissions of any advertiser or sponsor.
    • f.      The Licensed Apps may incorporate third-party dynamic in-Apps advertisement serving technology which enables advertising to be temporarily uploaded into the Licensed Apps on your Devices and replaced while you are online. When you use these Licensed Apps, we or 3rd Parties operating the advertisement serving technology may use information such as age and gender as well as information logged from your Devices using cookies, web beacons and other technologies to ensure that appropriate advertising is presented within the Licensed Apps and to calculate the number of unique and repeat views of advertising. Logged data may include IP address, unique device I.D., device make and model, advertisement(s) served, in Apps location, length of time an advertisement was visible, size of the advertisement, advertisement response (if any), and viewing angle. Other than the company serving the advertisements, the foregoing data may be used and disclosed pursuant to Back9’s privacy policies, the privacy policy of the company providing the ad serving technology and to other third parties in a form that does not personally identify you.
  11.           No Liability
    • a.       Back9 and their associated agencies and companies will not be liable for any misadventure, accident, injury, loss (including but not limited to consequential loss) or claims that may occur: in accessing or using the Licensed Apps;
      • i.       due to the publication of any content, including the photographs or videos or any other content and/or comments or any statements made by any staff member, journalists, other Users or any other person;
      • ii.       in relation to failure of any content, including photographs or videos submitted by the User, to be published on the Licensed Apps on account of technical problems or traffic congestion;
      • iii.       arising from or related to any problem or technical malfunction of any computer equipment, software, internet connection, any injury or damage to the User’s or any other person’s computer software related to or resulting from use of the Licensed Apps; and
      • iv.       arising out of loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Licensed Apps, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Back9 has been advised of the possibility of such damages. 
    • b.       In publishing the Licensed Apps and making it accessible to Users, Back9 and their associated agencies and companies assumes no responsibility for any error, omission, interruption, deletion, infection by computer virus, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Back9. In such circumstances, Back9 reserves the right to take any action that may be available which may include prohibiting a User from accessing the Licensed Apps, modifying or suspending the Licensed Apps and/or cancelling the Licensed Apps.
    • c.       If for any reason the Licensed Apps is not capable of going live as planned, due to causes including but not limited to infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Back9  which corrupt or affect the administration security or proper conduct of the Licensed Apps, Back9 reserves the right in its sole discretion to prohibit any User who tampers with the Licensed Apps, take any action that may be available to Back9 and to cancel, terminate, modify or suspend the Licensed Apps.
    • d.      To the extent permitted by law, you agree not to seek injunctive relief against Back9 or restrain Back9 from making and exploiting any photograph, video or any other content submitted by the User and agree that this clause is fundamental to the Terms of Use that govern the Licensed Apps.
    • e.       You acknowledge that when you use the Licensed Apps, your wireless carrier may charge you fees for data, messaging, and/or other wireless access. Check with your carrier to see if there are any such fees that apply to you. Back9 is not liable for any costs you incur to access the Licensed Apps from any Devices.
  12. No Warranties
    • a.      Back9 is providing the Licensed Apps and the content to you ‘as is’ and ‘as available’ without any warranties or representations, express or implied. You are using the Licensed Apps at your own risk.
    • b.      To the fullest extent allowable under applicable law, Back9 disclaims all warranties, whether express or implied, including any warranties that the Licensed Apps is merchantable, reliable, of satisfactory quality, accurate, fit for a particular purpose or need, of quiet enjoyment, free from defects or able to operate on an uninterrupted basis, or that the use of the Licensed Apps by you is in compliance with laws, or that your information transmitted by the Licensed Apps will be successfully, accurately or securely transmitted.
    • c.      ;Back9 does not warrant against interference with your enjoyment of the Licensed Apps, that the functions contained in, or services performed or provided by, the Licensed Apps will meet your requirements, that the operation of the Licensed Apps or services will be uninterrupted or error-free, or that effects in the Licensed Apps or services will be corrected. No oral or written information or advice given by Back9 or its authorized representative will create a warranty. Should the Licensed Apps or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. 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.
    • d.      The Licensed Apps do not provide any professional or medical advice, but only gather the information and content you want to create and upload there. The content of the Licensed Apps is for entertainment or statistical purposes only and is not intended to replace personal consultation with a qualified professional. You should never disregard any professional advice or delay in seeking it because of the Licensed Apps.
    • e.      If any professionals consult you later in connection with or based on the content gathered in the Licensed Apps, you and the professionals will have a direct relationship thereupon. Back9 is not in any way liable on such actions and is not acting anyhow thereupon as a qualified professional, but only is providing the Licensed Apps to gather the content you desire to collect there.
    • f.      You acknowledge and agree that Back9 will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On-line Materials made by or for you. At Back9’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to Back9 or perfect these rights, titles or interests in Back9’s name;
  13. Disclaimer of warranty, limitation of damages
    • a.      Back9 makes no warranty or representation of any kind, either express or implied, including but not limited to warranty of title or non-infringement or implied warranty of merchantability, fitness for a particular purpose, non-infringement or other violation of rights in relation to the availability, accuracy, validity, reliability or content of these pages and/or the apps. Back9 also does not make any representation or warranty regarding the accuracy or reliability of any advice, opinion, statement or other information that is submitted, displayed or uploaded through the apps by any user. Back9 shall not be liable for any direct, indirect, incidental, special or consequential damages, lost profits or for business interruption arising out of the use of or inability to use these apps, even if Back9 has been advised of the possibility of such damages. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. The liability of Back9 would in such case be limited to the greatest extent of liability permitted by law.
    • b.      You agree to indemnify and hold Back9, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Licensed Apps, including also your use of the Apps to provide a link to another App or to upload content or other information to the Apps, or your breach of the Terms of Use.
  14. Uses Made of The Information
    • a.      Back9 will use the information that we have validly collected and hold about you in the following ways as outlined in this clause. We will use information you give to us in the following ways;
      • i.      to carry out our obligations arising from any contracts entered into between you and us and to provide you with any information, products and services that you request from us;
      • ii.      to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
      • iii.      to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you.
      • iv.      to notify you about changes to our service; and
      • v.      to ensure that content from our Apps is presented in the most effective manner for you and for your devices.
    • b.      We will use the information that we collect about you in the following ways;
      • i.      to administer our Apps and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
      • ii.      to improve our Apps to ensure that content is presented in the most effective manner for you and for your computer;
      • iii.      to allow you to participate in interactive features of our service, when you choose to do so;
      • iv.      as part of our efforts to keep our Apps safe and secure;
      • v.      to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
      • vi.      to make suggestions and recommendations to you and other Users of our Apps about goods or services that may interest you or them.
    • c.       There is also information that we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
    • d.       In addition to the information that we collect about you we may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company, its subsidiaries and any third parties.
    • e.       Back9 may also disclose personally identifiable information in order to respond to a subpoena, court order or other such request. Back9 may also provide such personally identifiable information in response to a law enforcement agencies request or as otherwise required by law. Your personally identifiable information may be provided to a party if Back9 files for bankruptcy, or there is a transfer of the assets or ownership of Back9 in connection with proposed or consummated corporate reorganizations, such as mergers or acquisitions.
    • f.       This is Back 9’s online privacy policy (‘Policy’). This policy applies only to activities Back9 engages in on these Apps and does not apply to Back9’s activities that are offline or unrelated to the Apps.
  15. Apple's Limitations of the iOS version of the Licensed Apps
    • a.      In the event of any failure of the iOS version of the Licensed Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if there was a fee) for the iOS version of the Licensed Apps to you. To the maximum extent of the law, Apple will have no other warranty obligation whatsoever with respect to the iOS version of the Licensed Apps. In the event of any third party claim that the iOS version of the Licensed Apps or your possession and use of the iOS version of the Licensed Apps infringes that third party’s intellectual property rights Apple will not be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
  16. Third Party Beneficiary of the iOS version of the Licensed Apps
    • b.      You and BACK9 agree that Apple and Apple's subsidiaries shall be third party beneficiaries of this Agreement and upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
  17. Applicable Law
    • a.      Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be subject to the non-exclusive jurisdiction of the Courts of the Dubai International Financial Centre.
    • b.      Back9 and you agree to irrevocably submit to the jurisdiction of the DIFC Courts and waive any objection they may have to disputes arising out of or in connection with this Agreement being heard in the Courts of Dubai International Financial Centre on the grounds that it is an inconvenient forum (forum non conveniens).
    • c.      If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
    • d.      Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.
    • e.      Back9 can update these End User Terms anytime and without prior notice.
    • f.      Back9’s Licensed Apps Policies and Terms of Use will be changed and updated occasionally to meet the requirements and standards. Therefore, Users are encouraged to frequently visit these Terms in order to be updated about the changes on the Apps. Modifications will be effective on the day they are posted.
  18. Contact us
    • a.      If you have any questions regarding these Terms of Use, you can;
      • i.      send a direct message through the ‘Help’ tab of the Apps
      • ii.      or email us at:
                info@Back9solutions.com or technical@back9solutions.com
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