Choose Terms of Use and Terms of Sale
EFFECTIVE: May 1st 2022 Welcome to Choose and our Terms of Use and Sale (collectively, the “Agreement”). The Site and the Application is owned and operated by Choose App Ltd., a New York Corporation., our subsidiaries or affiliates (herein referred to as “Choose,” “we,” “us” or “our”). This Agreement is important and contains terms and conditions that govern your use of the website https://www.appchoose.io/ (the “Site”) as well as the “Choose” mobile application developed and operated by Choose (the “Application”) and all sales made by Choose. Because such terms affect your legal rights, please read it carefully.
The Site and the Application may be used only for informational and online shopping purposes.
By accessing or using the Application pursuant to which we offer products for purchase, as further defined hereunder, (collectively, with the Application, the “Services”), you (“you”, “User” and/or, upon purchase “Customer”) agree to be bound by the terms and conditions contained in this Agreement and all other terms incorporated herein by reference. If you do not agree to abide by any of the terms herein, in any manner, do not use the Application, including but not limited to, uploading, or downloading information or material onto the Application and/or making any purchases on the Application. For purposes of this Agreement, the “Products” are those available for sale on the Application.
The essential characteristics and prices of the Products are described for each Product in the online catalog. This information is always presented to a User prior any purchase made by such Customer. The Application allows Users to be put in contact with “Sellers” and/or “Brand Partners”. Choose has selected the Sellers present on the Application by taking into account the following non-cumulative criteria: nature and quality of the Products, complementarity of the Seller's Products with current sales, and history of the Seller.
If you reside outside the United States, additional terms and conditions may be applicable to you that either supplement or replace certain provisions in this Agreement. Please visit the terms corresponding to the country where you reside. Except as written in any other user agreements, disclaimers, policies, terms of use, statements, other notices on the Application, this Agreement and our Privacy Policy are the complete agreement between you and Choose with respect to your use of the Application and any purchase thereon.
The terms herein shall prevail over all other documents, including prospectuses and catalogues, terms of any brands we may feature on the Application, as to terms and conditions of sale made directly through the Application. All exceptions to these terms shall require Choose’s express written agreement, given no later than acceptance of the order.
We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this Agreement was last revised. You may read a current, effective copy of this Agreement at any time by selecting the “Terms” link on the Application. We will also notify you of any material changes either through a pop-up notice, e-mail or through other reasonable means. Your continued use of the Application after any such changes constitutes your acceptance of the new Agreement. You should periodically visit this page to review the current Agreement, so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Agreement, do not use or access (or continue to use or access) the Application.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2.2 You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Application. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time.
2.3 We continually test new features, functionalities, services, user interfaces and Products that we are considering incorporating into or providing through our Application. We reserve the right to include or exclude you from these tests without notice.
2.4 You are solely responsible for ensuring that your use of the Services complies with all laws, rules and regulations applicable to you. If the applicable law in the country in which you reside requires that you must be older than 18 to receive certain Services, then the minimum age is the legally required one. If you are a minor, you may wish to consult your parents about what portions of the Services are appropriate for you. The right to access the Application is revoked where this Agreement or use of the Application is prohibited or to the extent offering, sale, or provision of the Services conflicts with any applicable law, rule, or regulation. 3. Products Any reference to a product featured on the Application, regardless of the brand and/or Brand Partner, application, or service on the Application does not imply that such product or service is or will be available in your country and/or state where it may be subject to different regulations and conditions of use. Such reference does not imply any intention on our part to sell this product or service in your country and/or state and you should always rely on product information especially created for your country and/or state. The Application contains information about products and services that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries, and where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. You should not construe anything on linked Application as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country where you are located. 4. Registration 4.1 You may create a personal space and register for an account on the Application (an "Account"). A User with a Personal Space shall be referred to as a “Member.” Any purchase of Product on the Application will require the creation of an Account but an order through the Application “Order” can be placed by a User without a Personal Space. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's Account or registration information for the Application without permission. You must notify us immediately of any change in your eligibility to use the Application, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You have the ability to delete your Account and Personal Space at any time, as described in our Privacy Policy.
4.2 A User without a Personal Space is not a Member. The creation of a Personal Space is optional. The Member undertakes to fill in all the fields in the Personal Space creation form in good faith. The Member declares to be perfectly aware that only the fields followed by an asterisk are mandatory and condition the creation of his Personal Space. Choose reserves the right to refuse the creation of its Personal Space.
4.3 The first time the Member connects to his, her, their Personal Space, they will be asked to enter a personal password. The password must contain at least one (1) upper case letter, one (1) lower case letter, one (1) number and must contain at least twelve (12) characters. The Personal Space allows the Customer to find personal information without having to re-enter it, and to modify it if necessary. In addition, the Personal Space also allows the Customer to:
5.2 The trademarks, service marks, and logos of Choose, whether (collectively, the “Choose Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Choose. Other company, product, and service names located on the Site and/or Application or otherwise used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with the Choose Trademarks, the “Trademarks”). Nothing on the Site and/or Application, in the Services or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site and/or Application or otherwise used in connection with the Services without our prior written consent specific for each such use. The Trademarks may not be used to disparage us or any applicable third party, our or the applicable third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks (this shall exclude any negative feedback on the Products). Use of any Choose Trademarks as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any Choose Trademark shall inure to our benefit.
5.3 You may not use the Site and/or Applications for any unlawful or prohibited purpose or in any manner that is inconsistent with the limited privilege granted herein. In particular, you agree not to: (a) take any action that imposes an unreasonable load on the Site and/or Application’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site and/or Application or any activity being conducted on the Site and/or Application; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site and/or Application; (d) delete or alter any material we or any other person or entity posts on the Site and/or Application; (e) otherwise take any action in violation of our guidelines and policies; (f) using the Site and/or Application to invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the Site and/or Application; or (g) modify, erase, or damage any information contained on the computer of any user connected to the Site and/or Application.
5.4 In using the Application, you agree not to: (a) disrupt or interfere with the security of, or otherwise abuse the Application, or any services, system resources, accounts, servers or networks connected to or accessible through the Application or affiliated or linked sites or applications; **(b)**disrupt or interfere with any other user's enjoyment of the Application or affiliated or linked sites or applications; (c) upload, post, or otherwise transmit through or on any site any viruses or other harmful, disruptive or destructive files; (d) transmit through or on the Site and/or Application spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (e) attempt to obtain unauthorized access to the Application or portions of the Application which are restricted from general access.
In addition, you agree that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the Application. 6. Third Party Sites The Application may contain links to third party websites or other applications, services or other resources on the Internet (“External Site”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the Application administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any External Sites.