Terms and Conditions of the Applications

Application Terms and Conditions

By downloading or using the application, these terms will automatically apply to the User (referred to as “you”)  – you should make sure therefore that you read them carefully before using the application. We are offering you this application to use for your own personal use, you should be aware that you cannot send it on to anyone else, and you are not allowed to copy, or modify the application, any part of the application, or our trademarks in any way. You are not allowed to attempt to extract the source code of the application, and you also prohibited to translate the application into other languages, or make derivative versions. The application itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Afflield Ltd.

The Application is operated by Afflield Ltd., with an office at 8. Aranyeső str., Budapest, 1184 Hungary (and we refer to ourselves as “we”, “us” or “our”). We own and operate the Application on our own behalf.

We reserve the right to change these Terms of Use at any time without notice to you by posting changes on machineryguideapp.com website (the “Website”) or by updating the Application to incorporate the new terms of use. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Application after changes are posted constitutes your acceptance of the amended Terms of Use.

At the bottom of these terms and conditions you will be able to find links to our website where we set out our Privacy Policy.

1. Afflield Ltd is committed to ensuring that the application is as useful and efficient as possible. For that reason, we reserve the right to make changes to the application or to charge for its services, at any time and for any reason.

2. You should be aware that there are certain things that Afflield Ltd will not take responsibility for.

Afflield Ltd cannot take responsibility for the application not working at full functionality if:

a) you do not have access to GPS satellites,

b) you only use a built-in GPS receiver

c) your external antenna does not support correction signals

d) your tablet does not meet the minimum software requirements

e) you use the software with poor correction signals

f) you do not have any of your data allowance left.

Use of the Application does not include the provision of a mobile device or other necessary equipment to access it. To download and install the Application you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs you may incur.

3. At some point we may wish to update the application. The application is currently available on Android – the requirements for the system (and for any additional systems we decide to extend the availability of the application to) may change, and you will need to download the updates if you want to keep using the application.

4. We operate the software underlying and required for your use of the Application from Hungary and it is possible that some downloads from the Application could be subject to government export controls or other restrictions. If you download anything from or use the Application, you represent that you are not subject to such controls or restrictions. We make no representation that anything is appropriate, permissible or available for use outside of Hungary, and using the Application from territories in which such use or the information available from such use is illegal, restricted or not permitted, is expressly prohibited. If you choose to access or use the Application from or in locations outside of Hungary, you do so on your own initiative and are responsible for:

a) ensuring that what you are doing in that country is legal; and

b) the consequences and compliance by you with all applicable laws, regulations, by-laws, codes of practice, licences, registrations, permits and authorisations (including any laws that relate to businesses providing services).

c) all access to the Application through your mobile device and for bringing these Terms of Use to the attention of all such persons.

5. You shall not in any way use the Application or submit to us or to the Application or to any user of the Application anything which in any respect:

a) is in breach of any law, statute, regulation or by-law of any applicable jurisdiction;

b) is fraudulent, criminal or unlawful;

c) is inaccurate or out-of-date;

d) may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;

e) impersonates any other person or body or misrepresents a relationship with any person or body;

f) may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of us or any third party;

g) may be contrary to our interests;

h) is contrary to any specific rule or requirement that we stipulate on the Application in relation to a particular part of the Application or the Application generally; or

i) involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. 

6. You agree not to reproduce, duplicate, copy or re-sell the Application or any part of the Application save as may be permitted by these Terms of Use.

You agree not to access without authority, interfere with, damage or disrupt:

a) any part of the Application;

b) any equipment or network on which the Application is stored.

c) any software used in the provision of the Application; or

d) any equipment or network or software owned or used by any third party.

7.  We ask for your personal information, which will exclusively be used only by us, our distributors. To the email address given by you, will be sent information after registration, and from time to time  we will send newsletters, from which you can unsubscribe at any time.

8. Commentary and other materials available on the Application are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the Application, or by anyone who may be informed of any of its contents.

9. You assume sole responsibility for results obtained from the use of the Application, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Application, or any actions taken by us at your direction.

10. You agree to comply at all times with any instructions for use of the Application which we make from time to time.

11. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

Availability of the Application, Security & Accuracy

12. We make no warranty that your access to the Application will be uninterrupted, timely or error-free. Due to the nature of GPS satellites, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.

13. We do not warrant that the Application will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Application or your obtaining any material from, or as a result of using, the Application. We shall also not be liable for the actions of third parties.

14. We make no representation or warranty, express or implied, that information and materials on the Application are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with products.

15. The license granted to you for the Application is limited to a non-transferable license to use the Application on a mobile device that you own or control and as permitted by these Terms of Use.

16. We are solely responsible for providing any maintenance and support services with respect to the Application as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

Limitation of Liability

17. You hereby release Afflield Ltd., its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any suppliers, or between you and other Application or Website users.

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE APP. THE APP IS AVAILABLE “AS IS,” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE APP. WE HAVE NO DUTY TO UPDATE OR MODIFY THE APP AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE USE OF THE APP OR OUR AGREEMENT WITH YOU CONCERNING THE APP, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF WE ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED FIFTY DOLLARS (US$150.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.

Your Representations and Warranties

18. You represent and warrant that (a) your use of the Application will be in strict accordance with this Agreement and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from Hungary or the country in which you reside and (b) your use of the Application will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

19. You agree to indemnify and hold Afflield Ltd. and each of our affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), resulting from your use of the Application and/or any violation of the terms of this Agreement. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Application and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.

Trade Marks

20. The “MachineryGuide” name and logos and all related names, trademarks, service marks, design marks and slogans are the trademarks or service marks of us or our licensors.

Intellectual Property Rights

21. As between you and us, we are the sole and exclusive owner or the license of all intellectual property rights in the Application, and in the material published on it. Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.

22. You may print off one copy, and may download extracts, of any page(s) from the Application for your personal reference and you may draw the attention of others within your organisation to material available on the Application.

23. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

24. You must not use any part of the materials on the Application for commercial purposes without obtaining a licence to do so from us or our licensors.

25. If you print off, copy or download any part of the Application in breach of these Terms of Use, your right to use the Application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Information About you and your Use of the Application

26. We process information about you in accordance with our Privacy Policy, which is available on our website at machineryguideapp.com. By using the Application, you consent to such processing and you warrant that all data provided by you is accurate.

Third Party Websites

27. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the Application exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party website or mobile application to which the Application provides a link. The terms and conditions, terms of use and privacy policies of those third party websites and mobile applications will apply to your use of those websites and mobile applications and any orders you make for goods and services via such websites and mobile applications. If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.

28. You must not without our permission:

a) use or copy any material from the Application, including, but not limited to, onto other websites or in other mobile applications; or

b) frame any of the Application onto your own or another person’s website or mobile application.

Severability

29. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

Non-assignment

30. You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

Exclusion

31. Except as expressly stated in these Terms of Use, all warranties and conditions, whether express or implied by statute, common law or otherwise are hereby excluded to the extent permitted by law.

Miscellaneous

32. These Terms of Use (and our Privacy Policy, our Website Terms of Use, our Website Terms and Conditions, any other document referred to in these Terms of Use and any other terms and conditions specifically agreed between you and us in writing) contain all the terms agreed between us and you regarding their subject matter and supersedes and excludes any prior terms and conditions, understanding or arrangement between us and you, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between us and you prior to these Terms of Use except as expressly stated in these Terms of Use. Neither us nor you shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into these Terms of Use (unless such untrue statement was made fraudulently or was as to a matter fundamental to the ability of a party to perform these Terms of Use) and the remedies of that party shall only be for breach of contract as provided in these Terms and Conditions.

33. These Terms of Use may only be modified by a written amendment signed by an authorized executive of the Company or by the posting of a revised version by us. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Application will be governed by the laws of Hungary, excluding its conflict of law provisions. Any dispute or claim arising out of or in connection with these Terms of Use will be subject to the exclusive jurisdiction of the federal and state courts sitting in Hungary. All dealings, correspondence and contacts between us shall be made or conducted in - based on agreement - the English or Hungarian language. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the original intent of the parties, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement to any party; We may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

These Terms of Use were most recently updated on May 24. 2018.