DRIMZWALLET MOBILE APPLICATION LICENCE AGREEMENT
By using Drimzwallet Mobile Application (this “Application”), you agree to be bound by this Drimzwallet Mobile Application License Agreement (this “License Agreement”). This is an agreement between you and Drimzwallet only.
Deepdrimz is responsible for this Application and the content thereof. Certain features of this Application may require you to be a Drimzwallet user or provide personal information.
Your use of these features and this Application is subject to the Privacy Policy, User Agreement, and any other agreements applicable to you at the Deepdrimz website.
Application Uninstall.
To uninstall this Application, please use the application manager provided with your device or consult your device manual for reference.
Application Use.
Drimzwallet grants you the right to use this Application only for your personal use on the mobile product that you own or control and as permitted by any terms of use required by the party providing the app store from which you are downloading this Application. You may not modify, copy, publish, license, sell, or otherwise commercialize this Application or any information or software associated with this Application. You may not rent, lease or otherwise transfer rights to this Application.
You may not use this Application in any manner that could impair any Deepdrimz site in any way or interfere with any party’s use or enjoyment of any Deepdrimz site. You must use the Application in compliance with all applicable laws.
You must comply with applicable third-party terms of agreement when using this Application (e.g. your wireless data service agreement). Your right to use this Application will terminate immediately if you violate any provision of this License Agreement. The party providing your mobile OS has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.
Intellectual Property.
Drimawallet owns or is the licensee to, all rights, titles, and interests in and to this Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. Other company, product, or service names mentioned in this Application may be trademarks of their respective companies.
You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from this Application and you will not remove, obscure, or alter Drimawallet’s copyright notice, trademarks, or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Application.
Disclaimer of Warranties.
This Application and the service(s) accessed by it are provided “as is” and “as available”. Drimawallet expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness, and performance of this Application.
You download and use this Application at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of this Application.
Limitation of Liability.
Except as otherwise stated in this License Agreement, Drimawallet is not liable to you for any harm resulting from any use or misuse of this Application.
Such limitation of liability:
(a) includes direct, indirect, incidental, consequential, special, exemplary, and punitive damages, whether such claim is based on warranty, contract, tort, or otherwise (even if Drimawallet has been advised of the possibility of such damages);
(b) applies whether damages arise from use or misuse of and reliance on this Application, from an inability to use this Application, or from the interruption, suspension, or termination of this Application (including any damages incurred by third parties); and
(c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.
Nothing in this License Agreement shall limit our liability towards you for claims for death or personal injury or damages caused by intentional wrongdoing or gross negligence of us, our legal representatives, or agents. In case of a breach of a material obligation under this License Agreement which is caused by slight negligence, we shall only be liable for the typical, predictable, direct, and average damage unless the claim is for death or personal injury in which case our liability towards you shall be unlimited.
Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, Drimawallet is not
liable, and you agree not to hold Drimawallet responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
(1) your use of, or your inability to use, our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Drimawallet services) or any of the Drimawallet services;
(2) delays or disruptions in our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Drimawallet services), and any of the Drimawallet services;
(3) viruses or other malicious software obtained by accessing our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Drimawallet services), any of the Drimawallet services, or any website or service linked to our websites;
(4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Drimawallet services), any of the Drimawallet services, or in the information and graphics obtained from them;
(5) the content, actions, or inactions of third parties;
(6) a suspension or other action is taken with respect to your Drimawallet account; or
(7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or Drimawallet’s policies.
Indemnification.
You will indemnify and hold harmless Drimawallet and its parents, subsidiaries, officers, directors, shareholders, agents, and employees, from any claim made by any third party arising in connection with a violation of this License Agreement, for which you are responsible.
Drimawallet reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
User Agreement and Privacy Policy.
When you access Drimawallet using a mobile device, we may collect and store Device sign-on data (including device ID) and geolocation data in order to provide our services.
Personal information will also be requested if you seek to register with Drimawallet through this Application.
The terms of the Drimawallet User Agreement and Privacy Policy, including all agreements incorporated by reference, also apply to your use of this Application.
Drimawallet reserves the right to make changes to this Application or License Agreement from time to time.
Any changes will take effect upon the expiration of thirty (30) days after notification unless you object to the changes prior to the expiration of the thirty (30) days period. We shall inform you about your right to object, the due date, and your option to uninstall and discontinue using the Application.
If you do not agree to any change, please uninstall and discontinue using the Application.
Any use of this Application after the thirty (30) day notice period constitutes your acceptance of any change.
Drimzwallet’s Rights
Drimzwallet Suspension and termination rights
Deepdrimz, in its sole discretion, reserves the right to suspend or terminate this user agreement, access to, or use of its websites, software, systems (including any networks and servers used to provide any of the Deepdrimz services) operated by us or on our behalf or some or all of the Drimawallet services for any reason and at any time upon notice to you and, upon the termination of this user agreement, the payment to you of any unrestricted funds held in your Drimawallet balance.
Security interest
As security for the performance of your obligations under this user agreement, you grant to Drimawallet a lien on, and security interest in and to, your Drimawallet balance in the possession of Drimawallet.
Insolvency proceedings
If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, we’ll be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this user agreement.
Assumption of rights
If Drimawallet invalidates and reverses a payment that you made to a recipient (either at your initiative or otherwise), you agree that Drimawallet assumes your rights against the recipient
and third parties related to the payment and may pursue those rights directly or on your behalf, in Drimawallet’s discretion.
No waiver
Our failure to act with respect to a breach of any of your obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.
Disputes with Drimawallet
If a dispute arises between you and Drimawallet, acting as either a sender or a receiver, our goal is to learn about and address your concerns.
If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost-effective means of resolving the dispute quickly.
Disputes between you and Drimawallet regarding the services may be reported to Drimawallet Customer Service.
Dormant Accounts
If you do not log in to your Drimawallet account for one or more years, Deepdrimz may close your Drimawallet account and any unused funds in your account will be subject to applicable laws regarding unclaimed monies.
Third-Party Beneficiary.
Your mobile OS is a third-party beneficiary of this License Agreement, and, upon your acceptance, such third-party beneficiary will have the right (and will be deemed to have accepted the right) to enforce this agreement against you.
© 2022 Deepdrimz, Ltd.