END USER LICENSE AGREEMENT
(“End User License Agreement”)
Last Modified: July 4th, 2018
PLEASE REVIEW THE TERMS OF THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE GLOBALTRAVELWALLET APP, BECAUSE BY DOWNLOADING OR USING THE GLOBALTRAVELWALLET APP YOU WILL HAVE INDICATED YOUR ACKNOWLEDGEMENT AND AGREEMENT TO EACH TERM, CONDITION, AND DISCLAIMER IN THIS END USER LICENSE AGREEMENT. The End User License Agreement, Terms of Service (aka Website Rules and Regulations) [http://www.globaltravelwallet.com/tos] and Privacy Statement [<Error! Hyperlink reference not valid.>] are collectively referred to as the “Service Agreements.” All access to and use of the GLOBALTRAVELWALLET App is subject to and governed by the Service Agreements.
GLOBALTRAVELWALLET COMPANY, ITS SUBSIDIARIES AND AFFILIATES (“OUR”, “WE”, “US”, “GLOBALTRAVELWALLET”, “PROVIDER”) WILL PROVIDE THE GLOBALTRAVELWALLET APP TO YOU ONLY UPON ALL OF THE TERMS, CONDITIONS AND DISCLAIMERS CONTAINED IN THE SERVICE AGREEMENTS. IF YOU DO NOT AGREE TO THE TERMS, CONDITIONS AND DISCLAIMERS SET FORTH IN THE SERVICE AGREEMENTS, YOU ARE NOT AUTHORIZED TO STORE OR USE THE GLOBALTRAVELWALLET APP.
Table of Contents
- Authority and Capacity.
- Scope of License.
- No Amendment of Existing Terms and Conditions.
- Push Notifications.
- Changes to this End User License Agreement.
- Collection and Use of Data.
- Objectionable Materials.
- Third Party Materials.
- Investment Advice Disclaimer.
- Location Data Disclaimer.
- Proprietary Materials.
- Languages, Local Rules.
- Modification, Suspension and Discontinuation.
- NO WARRANTY.
- Limitation of Liability.
- Lawful Use.
- Commercial Status.
- Governing Law, Jurisdiction.
- Alternative Dispute Resolution.
- Third party Notifications.
- Need Assistance?.
- Services.The GLOBALTRAVELWALLET App may enable access to and use of GLOBALTRAVELWALLET’ and/or third party services and web sites (collectively and individually, “Services”). Both access to and use of the Services may require Internet access and that you agree to additional terms and conditions.
- Authority and Capacity. You represent, warrant and covenant that: a. you are at least eighteen (18) years old, and b. you are competent and you have the capacity and authority necessary to enter into this End User License Agreement.
- Scope of License.The license granted to you for the GLOBALTRAVELWALLET App is limited to a non-transferable license to use the GLOBALTRAVELWALLET App on one (1) device that you own or control and as permitted by (i) the rules covering permissible conduct contained in agreement(s) governing your use of the Appstore/Marketplace (the “Usage Rules”) and (ii) the Service Agreements. Such license does not allow you to use the GLOBALTRAVELWALLET App on any device that you do not own or control (or for which you do not have authorization to install or run the GLOBALTRAVELWALLET App, such as where prohibited by applicable security policies in the case of corporate users), and you may not distribute or make the GLOBALTRAVELWALLET App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the GLOBALTRAVELWALLET App. You may not copy (except as expressly permitted by this license and the Usage Rules and the Service Agreements), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the GLOBALTRAVELWALLET App, 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 GLOBALTRAVELWALLET App). Any attempt to do so is a violation of the rights of GLOBALTRAVELWALLET and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by GLOBALTRAVELWALLET that replace and/or supplement the GLOBALTRAVELWALLET App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. THE GLOBALTRAVELWALLET APP IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS AND CONDITIONS OF THE SERVICE AGREEMENTS. GLOBALTRAVELWALLET RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU.
- No Amendment of Existing Terms and Conditions.The terms and conditions of this End User License Agreement do not amend, change or replace any other notices or information that you may receive in connection with your GLOBALTRAVELWALLET Card account, including, without limitation, any information provided to you on your periodic statement or your agreement with GLOBALTRAVELWALLET governing your Card account (“Cardmember Agreement”). In case of any conflict between the terms and conditions of this End User License Agreement and your Cardmember Agreement, the terms and conditions of your Cardmember Agreement shall control.
- Push Notifications.When you are logged into the GLOBALTRAVELWALLET App, you may receive a message asking if you would like to allow push notifications. Push notifications are a way for an application to deliver information, including alerts, sounds and icon badges, to your mobile device. Push notifications can be delivered whether or not you are currently logged-in to and/or using the application and whether or not your device is in locked and/or in sleep mode. [The following are examples of the types of push notifications we may send, depending on your Card account and/or your preferences:
- Fraud-related notifications, which may ask you to verify certain transactions and include details of such transactions, such as merchant name and transaction amount ;
- Transaction-related notifications, which may include transaction details such as merchant name, transaction amount and information regarding declined transactions, if any;
- Information regarding offers available to you through the GLOBALTRAVELWALLET App; and/or
- Other information related to your account.
GLOBALTRAVELWALLET does not charge a fee for sending push notifications, but fees may be imposed by your carrier or service provider depending on your data plan.
If you do not wish for others to view your notifications, you should establish a passcode lock for your device, lock it when not in use and guard your device’s screen when it is in unlocked. If you do not wish to receive push notifications from us, click “Don’t Allow” or other similar button when prompted. If you allow push notifications from us but later decide you no longer want to receive them, you can adjust your settings in the GLOBALTRAVELWALLET App menu, if available, or turn them all off through your device notifications settings.
- Changes to this End User License Agreement.GLOBALTRAVELWALLET reserves the right to revise this End User License Agreement at any time. Upon modification, GLOBALTRAVELWALLET will update the date indicated after “Last Modified” at the beginning of this document and may also note this End User License Agreement has been modified in the “Legal/Privacy” section of the GLOBALTRAVELWALLET App. Any modifications to this End User License Agreement will only affect your and our respective rights and obligations from the “Last Modified” date and thereafter. If you do not agree with the modified terms, however, you must immediately then cease using the GLOBALTRAVELWALLET App. Your continued use of the GLOBALTRAVELWALLET App constitutes your continued agreement to the terms and conditions herein.
- Collection and Use of Data.You agree that GLOBALTRAVELWALLET may collect the following information periodically and without further notice to you as a result of your use of the Services: technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals. You agree that our use of this information is governed by the GLOBALTRAVELWALLET Privacy Statement [see:http://www.globaltravelwallet.com/privacy].
- Termination.The license granted hereunder is effective until terminated by you or GLOBALTRAVELWALLET. Your rights granted hereunder will terminate automatically without notice from GLOBALTRAVELWALLET if you fail to comply with any term(s) of Service Agreements. Upon termination of the license, you must cease all use of the GLOBALTRAVELWALLET App, and destroy all copies, full or partial, of the GLOBALTRAVELWALLET App.
- Objectionable Materials.You understand that by accessing and/or 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 access and/or use the Services at your sole risk and that GLOBALTRAVELWALLET shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
- Third Party Materials.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. You acknowledge and agree that GLOBALTRAVELWALLET 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. GLOBALTRAVELWALLET 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. Third Party Materials and links to other web sites are provided solely as a convenience to you.
- Investment Advice Disclaimer.All information displayed through any Service, including, without limitation, all financial or other information about GLOBALTRAVELWALLET, is for convenience and 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 any Service, you should consult with a financial professional. Nothing in any Service constitutes investment advice, including GLOBALTRAVELWALLET’ filings with the Securities and Exchange Commission. GLOBALTRAVELWALLET provides investor relations materials for convenience and information only. In addition, investor relations materials and other content are not offers to sell or solicitation of an offer to buy any security. Neither GLOBALTRAVELWALLET, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information.
- Location Data Disclaimer.Mapping or location data provided by any Service is for basic navigational and/or informational purposes only and is not intended to be relied upon in situations where precise location information is needed or where inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither GLOBALTRAVELWALLET, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any Service.
- Proprietary Materials.You agree the GLOBALTRAVELWALLET Services may 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. The trademarks, logos and service marks ("Marks") displayed on the GLOBALTRAVELWALLET App and the GLOBALTRAVELWALLET Services are the property of GLOBALTRAVELWALLET, its trademark licensors or other parties (and used with permission). You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of GLOBALTRAVELWALLET or such third party which may own the Marks. No portion of the GLOBALTRAVELWALLET Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the GLOBALTRAVELWALLET Services, in any manner, and you shall not exploit the GLOBALTRAVELWALLET Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. 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 GLOBALTRAVELWALLET 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.
- Languages, Local Rules.In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from your device are not available in all languages or in all countries. GLOBALTRAVELWALLET makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Third Party 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.
- Modification, Suspension and Discontinuation.GLOBALTRAVELWALLET, and its licensors, reserve the right to change, supplement, modify (including without limitation appearance), or suspend, limit, remove, disable or permanently discontinue your access to or use of, the GLOBALTRAVELWALLET App and any GLOBALTRAVELWALLET Services at any time without notice or liability.
- NO WARRANTY.YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GLOBALTRAVELWALLET APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GLOBALTRAVELWALLET APP AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GLOBALTRAVELWALLET AND ITS SUPPLIERS, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GLOBALTRAVELWALLET 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 NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GLOBALTRAVELWALLET AND ITS SUPPLIERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GLOBALTRAVELWALLET APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE GLOBALTRAVELWALLET APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GLOBALTRAVELWALLET APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GLOBALTRAVELWALLET APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GLOBALTRAVELWALLET APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. ACCESS AND USE OF THE GLOBALTRAVELWALLET APP AND SERVICES OCCURS ACROSS THE NETWORKS OF A NUMBER OF WIRELESS SERVICE PROVIDERS. GLOBALTRAVELWALLET DOES NOT OPERATE THESE NETWORKS AND HAS NO CONTROL OVER THE OPERATIONS OF THE WIRELESS SERVICE PROVIDERS. WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE TRANSMISSION, COMMUNICATION, POST, OR TRANSACTION OR OTHERWISE INTERFERE WITH THE INTEGRITY THEREOF, INCLUDING, WITHOUT LIMITATION, UNAVAILABILITY OF WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. GLOBALTRAVELWALLET DISCLAIMS ANY RESPONSIBILITY FOR ANY WIRELESS SERVICE USED TO ACCESS THE SERVICES. USE OF THE GLOBALTRAVELWALLET SERVICES WIRELESSLY MAY INVOLVE THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION ACROSS THE NETWORKS OF WIRELESS SERVICE PROVIDERS. BECAUSE WE DO NOT OPERATE OR CONTROL THE WIRELESS NETWORKS USED TO ACCESS GLOBALTRAVELWALLET SERVICES, WE CANNOT GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS DATA TRANSMISSIONS. ADDITIONALLY, THE WIRELESS DEVICE BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS INTERNET SERVICE PROVIDER. CHECK WITH YOUR SERVICE PROVIDER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM GLOBALTRAVELWALLET OVER THE INTERNET FROM A MOBILE DEVICE, GLOBALTRAVELWALLET RESERVES THE RIGHT TO LIMIT SUCH CONNECTIONS TO “SECURE SESSIONS” THAT HAVE BEEN ESTABLISHED USING TRANSPORTATION LAYER SECURITY (“TLS”). GLOBALTRAVELWALLET WILL TREAT YOUR DATA IN ACCORDANCE WITH THE GLOBALTRAVELWALLET PRIVACY STATEMENT. GLOBALTRAVELWALLET DOES NOT CHARGE FOR USE OR ACCESS OF THE GLOBALTRAVELWALLET APP. HOWEVER, YOUR WIRELESS SERVICE PROVIDER (INCLUDING WITHOUT LIMITATION ANY ROAMING WIRELESS SERVICE PROVIDER AND ANY WIFI HOT SPOTS) MAY LEVY FEES OR CHARGES FOR TRANSMISSION OR RECEIPT OF MESSAGES AND OTHER COMMUNICATIONS PERFORMED USING YOUR EQUIPMENT ON THE WIRELESS SERVICE PROVIDER NETWORK, AND YOU ARE SOLELY RESPONSIBLE FOR SUCH CHARGES.
- Limitation of Liability.NOTWITHSTANDING ANY OTHER PROVISION HEREOF, IN NO EVENT SHALL GLOBALTRAVELWALLET, ITS DIRECT OR INDIRECT SUBSIDIARIES, CONTROLLED AFFILIATES, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, IN CONNECTION WITH OR ARISING OUT OF THIS END USER LICENSE AGREEMENT OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE GLOBALTRAVELWALLET APP OR ANY SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GLOBALTRAVELWALLET’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU PAID FOR THE GLOBALTRAVELWALLET APPLICATION OR ONE DOLLAR ($1.00), WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Indemnification.You shall indemnify and hold GLOBALTRAVELWALLET, its licensors, sponsors, agencies and its parents, subsidiaries, affiliates, officers, employees and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the GLOBALTRAVELWALLET App or any Service, any breach of the terms and conditions set forth in the Service Agreements, by you, or other users of a Service using your access ID or credentials. You must use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any such matter subject to indemnification by you.
- Lawful Use.You may not use or otherwise export or re-export the GLOBALTRAVELWALLET App except as authorized by English law and the laws of the jurisdiction in which the GLOBALTRAVELWALLET App was obtained. By using the GLOBALTRAVELWALLET App, you represent and warrant that you are not located in any country that a restricted trade territory with the United Kingdom, a foreign national of any such country, or on any such restricted lists. You also agree that you will not use these products for any purposes prohibited by English law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
- Commercial Status.The GLOBALTRAVELWALLET App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.
- Governing Law, Jurisdiction.This End User License Agreement, and any and all claims arising out of or in connection with the terms and conditions of this End User License Agreement and your use of the GLOBALTRAVELWALLET App and any GLOBALTRAVELWALLET Services, shall be governed by and interpreted under the Governing Law section of your Cardmember Agreement, which you can access here.
- Alternative Dispute Resolution.Any current or future claim, dispute or controversy relating to the GLOBALTRAVELWALLET App or this End User License Agreement shall be governed by the Claims Resolution section of your Cardmember Agreement, which includes an arbitration provision.
- Third party Notifications.Third party names are the trademarks and/or registered trademarks of their respective owners.
- Need Assistance?Neither your phone manufacturer or your wireless carrier is responsible for providing support services with respect to the GLOBALTRAVELWALLET App. For all customer service questions related to your GLOBALTRAVELWALLET Card Account, please call the number on the back of your GLOBALTRAVELWALLET Card or see the “Contact Us” section of the GLOBALTRAVELWALLET App.