MORE: TERMS OF SERVICE | MEMBER AGREEMENT | PRIVACY POLICY | COOKIE POLICY
Terms of Service
LICENSED APPLICATION END USER LICENSE AGREEMENT
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that 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 Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION 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 OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION 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.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’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 of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application 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 reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
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If you live in the European Economic Area or the United Kingdom, your use of the Business Services is governed by these EEA+ Business Services Terms.
1. Using MyLocal for Business Purposes
Welcome to MyLocal! MyLocal is where people plug into the communities that matter to them. We believe by bringing people, including businesses, together, we can cultivate a kinder world where everyone has a community they can rely on. These EEA+ Business Services Terms (the “Business Terms”), in addition to the EEA+ Member Agreement (the “Member Agreement,” and together with the Business Terms, the “Terms”), govern your rights and responsibilities related to your use of MyLocal’s Business Services if you have your ordinary place of residence or establishment in the European Economic Area or the United Kingdom (together, “EEA+”). Capitalised words and other defined terms used but not defined in these Business Terms have the meanings described in the Member Agreement.
“Business Services” are services and features offered to Members that are intended for commercial or business uses, such as a claimed Business Page, Local Deals, Sponsorships, and other services. By using MyLocal’s Business Services, you agree that you have read, understand, and agree to be bound by these Business Terms, which together with the underlying Member Agreement constitute a legally binding contract. If you are accepting these Business Terms and using the Business Services on behalf of a company, partnership, organisation, sole trader, or other legal entity (a “Business”), you represent and warrant that you are authorised to do so and have the authority to bind such entity to these Business Terms, in which case the words “you” and “your” as used in these Business Terms shall refer to such entity. If you do not agree to these Business Terms, or do not have the authorization and authority referred to above, then you are not allowed to use the Business Services.
ARBITRATION NOTICE: please note that Section 14 (Governing Law and Dispute Resolution) of the Member Agreement contains an Arbitration provision, which applies to these Terms in accordance with Section 12(c) of these Business Terms.
2. The Basics.
a. Eligibility. Business Services are available to Members who meet (i) the eligibility requirements for Members set forth in the Member Agreement and (ii) any specific eligibility requirements for the applicable Business Service. We reserve the right to refuse your ability to use any Business Service at any time, for any or no reason, without liability to you.
b. Restriction, Suspension and Termination.
i. We may restrict, suspend or terminate your Account and/or Business Page if any of these things happen:
● You do not comply with the Terms, our Community Guidelines and Business Posting Guidelines;
● You violate Applicable Laws (as defined below) or violate or infringe or misappropriate third-party rights;
● We are unable to confirm any information that you have provided or if we learn that it is inaccurate or misleading;
● We are required to do so to comply with a legal requirement or a court order; and/or
● We reasonably believe that your conduct may cause harm or liability to a Member, third party, or us (for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to you).
● Where we consider taking such action, we will give you appropriate notice and a clear explanation of our reasons for doing so and the grounds which we rely on – where the action concerned is termination of your Account, we will give you 30 days’ prior notice (unless a Applicable Law requires us to terminate the Account in a shorter timeframe or you have repeatedly breached your obligations under these Terms).
ii. If you believe your Account has been restricted or suspended in error, you can lodge a complaint by using our Complaint-handling Procedure.
iii. If we decide to revoke our decision to restrict or suspend your Account, we will reactivate your Account without undue delay.
c. Your right of termination of Business Services. In addition to and without limiting the scope of Section 15(a) (Term and Termination) of the Member Agreement, you may terminate these Business Terms with MyLocal at any time by deactivating your Business Page and discontinuing your use of our Business Services or Account.
d. Availability of Business Services. We may modify or discontinue the availability of any Business Services at any time in our sole discretion without liability to you. We will notify you of any material modifications as legally required (for example, by emailing you, or by posting an amendment notice in your newsfeed).
e. Your Obligations. By using the Business Services (including by claiming or creating a Business Page) you represent and warrant on an ongoing basis at all relevant times that (i) you have the authority to act on behalf of the Business or Businesses associated with or claimed through your Business Page and bind such Business (including the business entity) to these Business Terms, (ii) your use of the Business Services will only be for commercial purposes and conducted in your capacity as an authorized representative of the Business, (iii) any relevant Business is duly incorporated, organized, validly existing and in good standing under the laws of the territory in which the Business is registered, (iv) your Business and all Content you submit to MyLocal complies with all applicable laws, regulatory requirements, industry rules, and governmental regulations (collectively, “Applicable Laws”), (v) your Member Content does not infringe or misappropriate the rights of any third party, (vi) all information provided by you via the Business Services is complete and accurate, (vii) you have all necessary licenses, rights, permissions, and clearances (including from any third party) in your Member Content to use and to grant MyLocal all licenses in your Member Content described in the Terms; and (viii) except as expressly permitted by MyLocal in writing, your Member Content does not include pixels, cookies or other technology intended to track or record the activities of MyLocal Members or Visitors. You acknowledge and agree that, where applicable, you are responsible for providing data usage notices to and receiving consents from all Members or Visitors that engage with your Member Content. You agree that MyLocal will determine the size, placement and positioning of your Member Content on the Services, and MyLocal reserves the right to reject, disable, or remove your Member Content for any reason.
f. Verification of Businesses. Some Business Services require MyLocal to verify your Business including, but not limited to your related Business Page Information (as defined below) or business registration documents). You agree to provide accurate information for verification purposes and acknowledge that if we are unable to confirm the information that you have provided or if we learn that it is inaccurate, we may limit, suspend, or terminate your Account in accordance with Section 2(b) (Restriction, Termination and Suspension). Click here to learn more about verification.
g. Interactions and Transactions with Members. Without limiting the scope of Section 5 (Being a Good Neighbor) or Section 6 (Member Transactions) of the Member Agreement, your use of the Business Services are subject to the Terms, our Community Guidelines and Business Posting Guidelines. You and your Business are responsible for your acts on MyLocal. You further acknowledge and agree that your and your Business’s interactions with Members may affect the reputation of your Business, and it is therefore your sole responsibility to conduct yourself appropriately and carefully in your interactions with Members. For example, how gracefully your Business responds to a negative comment may affect Members’ perception as much as (or more than) the comment itself. As stated in the Member Agreement, we are not a party to transactions or disputes between Members, including disputes over unfavourable reviews or other member Content.
WITHOUT LIMITING ANY TERM OF THE MEMBER AGREEMENT, YOU AGREE THAT MYLOCAL IS NOT RESPONSIBLE FOR YOUR OR YOUR BUSINESS’S INTERACTIONS WITH OTHER MEMBERS. We do not make any guarantees about the verification of Members, and we do not interview, run background checks on, monitor, supervise, or control Members.
h. Data Protection. You agree to ensure (and that you are solely responsible for ensuring) that (i) your collection, use and disclosure of information relating to an identified or identifiable Member, Visitor or other natural person (“Personal Information”) that you collect in connection with your use of the Business Services complies with Applicable Laws, including, without limitation, those pertaining to privacy, data security, data protection and direct marketing, (ii) you have given all notices to, and obtained all consents from, any individuals to whom such Personal Information pertains as may be required by Applicable Laws for your collection, use and disclosure of such Personal Information, (iii) reasonable technical and organisational safeguards are employed to protect the confidentiality and security of such Personal Information, (iv) if you collect information from Members or Visitors, your Business Page makes clear that you (and not MyLocal) are collecting it, and (v) you do not use Personal Information obtained through a prompt or request on your Business Page except for the purpose explained by such prompt or request, unless you have the relevant individuals’ explicit consent to use the information for another purpose. You represent and warrant that if you provide MyLocal with any Personal Information, you have obtained all rights and consents as are necessary under Applicable Laws or otherwise to disclose such Personal Information to MyLocal and for MyLocal to use it as described in our Privacy Policy.
3. Using the Business Services.
a. Business Pages. Business Pages on MyLocal can be created and updated on MyLocal (i) based on third-party sources (such as business listing services), (ii) by Members who recommend a business in their groups, or (iii) by Members who create or claim a Business Page. Business Pages may be public, i.e., visible both inside and outside of MyLocal. This means that they are visible to external search engines, including for search engine optimization (SEO) purposes. If you claim your Business Page through your personal Account, you can choose whether to make your Business Page externally visible (visibility of your personal Account is unaffected, even if you claimed your Business Page using your personal Account). You understand that MyLocal presumes your actions and those of other Members associated with your Business Page are authorised and legitimate. MyLocal is not responsible for your Business Page or your Account, and has no obligation (but reserves the right) to verify the scope of authority of you or any other Members associated with your Business. Your business Account is tied to your role with that Business. If your position associated with a Business terminates (for example, if you resign), then you must unclaim your Business Page associated with that Business, or if applicable, transfer your Business Page. For example, your employer may want someone else to claim and manage the Business’s Business Page. If you need assistance with page transfer or account deactivation, please contact us.
b. Business Page Information. Business Pages contain a basic set of details about the Business or brand, such as street address, business category, telephone number, and a location map (“Business Page Information”). Without limiting any rights granted to MyLocal in the Member Agreement or imposing any additional obligations on MyLocal, MyLocal reserves the right to correct, modify, or license Business Page Information submitted by a Member. Business Page Information may be public and accessible to or crawled by search engines. You acknowledge that MyLocal may reformat or present Business Page Information in various ways (e.g., on a map) and may share Business Page Information with our partners in accordance with our Privacy Policy. In some cases, Business Page Information may not be accurate, and may not be updated promptly or at all. Business Page Information may also include notes, metrics, scores, and other information about a Business.
c. Messages. Messages that you post from your Business Page or as your Business (where that feature is available), such as Business Posts or replies to Members who recommended your Business, will be affiliated with and have the same visibility as your Business Page. However, replies to private messages are visible only to you and the Member to whom you replied. Members have the ability to opt out of receiving messages from any Member, including Members with Business Pages, and some Members communicating with or commenting about you or your Business may choose to opt out of communications from you. You undertake that you will comply with Members’ choices.
d. Asking for Recommendations or Reviews. You can ask your customers to review or recommend your Business on MyLocal. You can solicit recommendations in person, via email, through social media, or by sharing a direct link to your Business Page. Our goal is for recommendations to serve as a window into a Business’s standing in its community. Accordingly, you agree to be truthful, fair, and neighborly, and not to engage in conduct that could artificially inflate or harm a Business’s reputation, such as offering discounts or other incentives in exchange for recommendations (including fraudulent recommendations) or with the intent to manipulate the same. You undertake that you will comply with Applicable Laws.
e. Direct Solicitation. The use of your Account or Business Page to collect Personal Information about other Members without their permission for the purpose of direct solicitation or otherwise in violation of the Terms and Privacy Policy is prohibited. For example, if a Member comments on your Business Page praising your service, you should not use their email address from their MyLocal profile to send them unsolicited email advertisements.
f. Trademarks and Endorsements. You agree to not use MyLocal’s name, logo, or trademarks except as expressly permitted in writing by MyLocal, and may not imply that your Member Content or the Content of other Members (such as Member reviews of your Business) is in any way sponsored or endorsed by MyLocal.
g. Content. As stated in the Member Agreement, you must not provide us with any prohibited Content. Claims of copyright infringement should be addressed as directed in the Member Agreement. MyLocal reserves the right to forward any other requests or claims based on your Member Content to your Business for resolution.
h. Your Website. You grant MyLocal a non-transferable, fully-sublicensable (through multiple tiers), non-exclusive, royalty-free, limited licence to display your public Business website on the Services or to allow for its display through iframes or other framing technology.
4. Payments for Business Services.
The use of some Business Services may require a payment or fee on a per order, per use, subscription, or other basis (“Payment”), including applicable value added tax or other taxes. To the extent such services include specific Supplemental Terms provided by MyLocal and they conflict with the Business Terms, those Supplemental Terms will apply. You agree to pay all Payments due and owed under these Business Terms or any applicable Supplemental Terms. ANY AND ALL PAYMENTS TO MyLocal ARE FINAL, NON-CANCELABLE, AND NON-REFUNDABLE. Unless stated otherwise, you will be charged at the time of purchase. When you make a Payment to MyLocal, you are agreeing to provide our trusted third party payment processor (currently Stripe and its affiliates) with certain information related to your Payment (“Payment Information”) in order to complete the transaction. You agree that you will keep your Payment Information current. We may update your method of Payment using information provided by our payment service providers. You authorise us to continue to charge the applicable method of Payment following any update to your Payment Information.
5. Subscriptions.
MyLocal offers certain User and Business Services for which access and use is purchased or made available on a time-limited basis (each a “Subscription”). The fee for a Subscription will be charged at regular intervals based on the applicable subscription date as shown to you on checkout, starting at the time of purchase. THE SUBSCRIPTION WILL RENEW AUTOMATICALLY AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS AND UNTIL YOU CANCEL. Your Subscription may include a free trial period (“Free Trial”). At the start of each such Free Trial, you may be charged a nominal fee in order to ensure your Payment Information is accurate. Thereafter, you will have access to the specified Business Services without payment for the period specified in the offer (subject to any relevant Supplemental Terms, which may limit or condition use of the Business Services during your Free Trial). You may cancel a subscription or trial through the interface of the applicable Business Services, or if no such option is available, by contacting us. Unless you cancel your Free Trial before the end of the Free Trial period, your Free Trial will automatically convert into a paid Subscription and you will be charged the relevant Payment for the applicable Subscription.
6. Confidential MyLocal Information.
You and your Business acknowledge that MyLocal may provide you with certain information that is proprietary and confidential to MyLocal, such as aggregated statistics about posts activity and size and geo boundaries. You agree (i) to keep this information confidential, (ii) not to disclose this information to any third party, and (iii) to use this information only as expressly permitted by MyLocal for your internal business purposes (subject always to Section 2(h) (Data Protection) of these Business Terms). If you believe that you must disclose any of the information described in this Section due to a subpoena or similar legal duty, you will notify MyLocal in writing before doing so, and you agree to provide MyLocal with reasonable assistance if MyLocal seeks an order maintaining the confidentiality of the information.
7. Ranking.
The ranking or order of appearance of Businesses within the search and business section of the Services depends on a variety of factors, including (a) the number of recommendations the Business has received, (b) the proximity of the Business to the Member who searched; (c) keywords, (d) type of business, and (e) other factors. The most important factor is the number of positive Member recommendations.
8. Access to data.
a. Our Privacy Policy sets out the categories of Personal Information we collect, how we use, process, disclose and retain it, and how you can access it and exercise your data rights.
b. Your Business Dashboard provides you with metrics and insights on your business performance on our Services. More information about the data available in your Business Dashboard.. After termination of these Business Terms, or your Account is closed, you will not be able to access any information provided to or generated by you.
9. Complaint-handling procedure.
The MyLocal Complaint-Handling Procedure explains how we handle complaints, how you can access our internal complaint-handling mechanism, and what to expect when you make a complaint.
10. Mediators.
If you are dissatisfied with the handling of your complaint by us or if an agreement cannot be reached under our complaint-handling mechanism, you or we may also apply to resolve a dispute under these Terms with mediation. You and we agree to both notify the other in writing if either you or we wish to submit a dispute to mediation, and which mediators will be engaged. Any attempt to reach an agreement through mediation on the settlement of a dispute will not affect your right to initiate court proceedings at any time before, during or after the mediation process.
11. Indemnification; Disclaimers; Limitation of Liability.
In addition to, and without limiting the scope of Section 12 (Indemnification) of the Member Agreement, you agree to indemnify, defend, and hold the MyLocal Entities harmless from and against any claims, damages, losses, liabilities, and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action, or dispute due to, arising out of, or relating in any way to (a) your actual or alleged breach of these Business Terms; (b) your use of the Business Services, or any Content, products or services provided, promoted or advertised by you in connection with the Business Services; or (c) the actions related to the Business Services taken by each individual with access to your Account, whether such actions were authorised or otherwise.
12. General.
a. Updates. We reserve the right to amend these Business Terms, the Member Agreement and any Supplemental Terms at any time as set forth in section 15(e) (Updates) of the Member Agreement. If you keep using the Business Services after any such amendment is effective, you accept and agree to be bound by the new terms. If you disagree with the new terms, you must stop unclaim your Business Page and stop using the Business Services. Except as otherwise set forth in these Business Terms or unless expressly agreed by MyLocal in signed writing, nothing contained in any purchase order or other agreement will in any way modify, supersede, or add any additional terms or conditions to these Business Terms.
b. Conflicts. If there is a conflict between these Business Terms and the Member Agreement, these Business Terms govern with respect to your use of the Business Services to the extent of the conflict. Certain Business Services may also have or be subject to certain Supplemental Terms, and additional guidelines or policies. To the extent those Supplemental Terms and additional guidelines or policies conflict with the Business Terms, the additional terms will govern with respect to your use of those Business Services solely to the extent of the conflict.
c. Governing Law and Dispute Resolution. Except as provided otherwise in these Business Terms, Section 13 (Governing Law and Dispute Resolution) of the Member Agreement applies to the Terms.
d. Miscellaneous. To the extent allowed by applicable law, the English version of these Business Terms is binding and other translations are for convenience only. If any part or parts of these Business Terms are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Business Terms shall continue in full force and effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. These Business Terms are personal to you, and you may not assign, novate, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of your rights or obligations under these Business Terms without our prior written consent, which consent may be withheld in our sole discretion. The Contracts (Rights of Third Parties) Act 1999 shall only apply to these Business Terms in relation to the MyLocal Entities, and no persons other than you, us, and the MyLocal entities shall have any rights under them and they will not be enforceable by any person other than you, us, and the MyLocal Entities. All of our rights and obligations under these Business Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. We shall be excused for any problem due to a circumstance beyond our reasonable control. You represent and warrant on an ongoing basis and at all relevant times that you are not, nor is any individual with access to your Account, nor is any entity or person that (directly or indirectly) owns, controls, or is affiliated with you, acts on your behalf or is otherwise associated with you, subject to financial, economic or trade sanctions or embargoes, or otherwise designated on any list of prohibited or restricted parties or territories, including any such lists maintained from time to time by the United Nations Security Council, the UK Government, US Government, the Australian Government, the Canadian Government, the European Union or its member states or any member states of the European Free Trade Association, or other applicable government authority. In the event that, at any relevant time, the warranty outlined in the preceding sentence ceases to be true, complete and accurate, you shall notify us immediately.
— Terms last updated September 2022
MORE: TERMS OF SERVICE | MEMBER AGREEMENT | PRIVACY POLICY | COOKIE POLICY
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MyLocal App UK Ltd is a company registered in England, UK
Company registration number: 14339016
Company registration address: Sparkhouse, Rope Walk, Lincoln, LN6 7DQ
Contact via email 24hrs: admin@mylocallincolnshire.co.uk
Contact via phone (typical business hours only): +4401522396338