1.1 Please read this APPBAKER Agreement carefully before attempting to register (and/or download) with the service, online materials, databases, tools, software and information available on the website or through the APPBAKER Service (“APPBAKER”) operated by Cyberopsis Wedbdata Limited (“NETQUEST”, “we” or “us”).
1.2 By clicking the “I Accept” button or by ticking on the checkbox at the bottom of these terms and conditions and registering with APPBAKER you agree to be legally bound by these terms and conditions as they may be modified without prior notice and posted on our website from time to time.
1.3 If you do not wish to be bound by these terms and conditions then you may not register with APPBAKER, use the APPBAKER Service or download any material.
1.4 Our website describes APPBAKER in more detail.
1.5 Please note that:
1.5.1 you must be a human of over 18 years to use APPBAKER,
1.5.2 you must provide all true and full information, data and payment details upon registration to subscribe to APPBAKER; and
1.5.3 that you represent and warrant that if you are a natural person (i.e. not a legal entity) for purposes of this Agreement and in using the APPBAKER service you are acting for purpose of your trade, business or profession.
2. Conditions of use of APPBAKER
2.1 When your registration application is accepted, NETQUEST grants you a non-exclusive, non-transferable license to use APPBAKER for the duration of the registration period, i.e. until you or NETQUEST terminates your subscription with APPBAKER. This license to use the materials, databases, software, tools and information made available through APPBAKER (“Materials”) is granted on the terms and conditions of this APPBAKER Agreement. The provision of the services is deemed to have begun upon the completion of your registration and subscription with APPBAKER. Additionally, during the use of the APPBAKER service you will be given the opportunity to create, upload, transmit and circulate images, links, text, applications, audio and video and other files, objects, material and media (hereinafter the “Content”) in accordance with the technical details, instructions and conditions from time to time made available.
2.2 In relation to APPBAKER:
2.2.1 if any Material is downloadable you may download, store and make use of the Materials electronically a computer by a single person.
2.2.2 you may not:
(a) download, store, reproduce, transmit, display, copy, distribute or use of the Materials other than in accordance with sub-clause 2.2.1 above;
(b) sub-license, rent, lease, transfer or attempt to assign the rights in the Materials to any other person;
(c) make the Materials available on a network;
(d) use the Materials in any manner, or transfer or export the Materials or any copies into any country; or
(e) allow any other person to use the Materials other than in accordance with the terms and conditions of this APPBAKER Agreement.
2.3 The Materials are made available to you solely for your own use, and may not be re-sold, rented or otherwise be financially exploited. Different provisions may apply pursuant to a separate agreement in case you are an approved member of an approved affiliate programme.
2.4 You may not use the APPBAKER service and the Materials for any purpose which may be deemed illegal in any jurisdiction.
2.5 We may update, add to, modify or remove any part of the APPBAKER service without prior notice.
2.6 As part of the APPBAKER service you may request that we provide application or submission services in relation to the Content for acceptance, approval, hosting, listing or registration with an application or software or marketing platform, provider, store or hosting service (the “Distribution Service”). We do not warrant, nor do we guarantee that the Content may be so accepted, approved, hosted, listed or registered. Any such application or submission shall in any event be subject to the terms and conditions at any time in force and imposed by and in relation to such Distribution Service, to which you warrant and undertake to comply in addition to these terms and conditions. You will be solely responsible for reviewing the terms and conditions of any such Distribution Service which you acknowledge that may change from time to time.
2.7 We may operate an affiliate programme (for which you may be eligible) that may be subject to additional and/or modified terms.
2.8 Until cancelled by you by notice, your subscription to the APPBAKER service shall continue until terminated by us. We may also terminate your subscription with APPBAKER at any time if you are found in breach of any of these terms and conditions or in case you may in breach of the terms and conditions of any Distribution Service. Before termination we may, under our sole discretion, suspend your subscription with APPBAKER and call upon you to remedy any breach within a period of time that we may fix in our discretion.
2.9 Upon termination, for whatever reason, of your subscription with APPBAKER, we may, without further notice delete all Content and any links thereto from our systems and servers, which may result in the deletion of the same from the systems and servers of any Distribution Service.
3.1 After the expiration of an initial 60 day trial/free period, during which you will not be required to pay for limited access to APPBAKER, NETQUEST shall request payment of a monthly subscription fee on the basis of its current pricelists. We may modify our pricelists with 30 days’ prior notice as posted from time to time on our website.
3.2 Subscription fees shall be billed and paid monthly in advance. Payment of fees shall be effected through the use of a valid credit card, the details of which you will have provided upon registration or thereafter in case of an update to your payment details.
3.3 You will be solely responsible for the payment of any taxes, duties or levies in your jurisdiction in connection with the APPBAKER service.
3.4 In case of non payment of any part of the subscription fees, for any reason whatsoever, including on account of expiration/cancellation of a credit card, you will be held in breach of these terms.
3.5 You shall solely be liable for the payment of any fees, charges or commissions to any Distribution Service.
4. Refund Policy
4.1 All and any subscription, application or submission fees paid to NETQUEST and/or to any Distribution Service are, in any event, non-refundable.
5.1 We warrant that:
5.1.1 we have a right to license the Materials to you; and
5.1.2 we will take reasonable steps for the provision of the APPBAKER service.
5.2 If you have any complaints you should direct them to us via email at email@example.com.
6.1 We reserve the right to alter, suspend or discontinue any aspect of the Materials or APPBAKER, including your subscription to it. Unless explicitly stated any new features of APPBAKER will be subject to these terms and conditions.
7. Information you provide
7.1 The following applies to any information you provide to us, for example during any registration process:
7.1.1 You authorise us to use, store or otherwise process any personal information which relates to and/or identifies you to the extent reasonably necessary to provide the services which are available through APPBAKER by us or our sub-contractors (“the Purposes”). All such information collected by us shall be referred to in these terms and conditions as “Personal Information”.
7.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our website, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should email us at firstname.lastname@example.org.
8.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for use of the APPBAKER service. You may not share these with or transfer them to any third party. You must notify us immediately of any unauthorised use of them or any other breach of security regarding APPBAKER that comes to your attention.
9. Applicability of Materials
9.1 APPBAKER and our website is controlled and operated by us from our offices. Where Materials or other material is published through the APPBAKER service and are supplied by third parties you understand that we do not control or endorse their contents in any way. All Materials or other material which are offered by third parties is published in good faith but we do not accept responsibility for the timing, the accuracy or otherwise of those Materials (on or off-line) and the use of those Materials. You assume total responsibility and risk for your use of the Materials and the APPBAKER service.
9.2 We have used our best endeavours to ensure that all Materials comply with Cyprus law. However, we make no representations that the Materials and APPBAKER are appropriate or available for use in locations outside of Cyprus.
9.3 NETQUEST makes no warranties, express or implied that making the Materials and APPBAKER available in any particular jurisdiction outside Cyprus is permitted under any applicable non-Cyprus laws or regulations. Accordingly, if making APPBAKER, the Materials or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, APPBAKER or the relevant Materials are not offered for subscription or membership by you. You accept that if you are resident outside Cyprus, you must satisfy yourself that you are lawfully able to subscribe to APPBAKER. NETQUEST accepts no liability for any costs, losses or damages resulting from or related to the access or attempted access of APPBAKER by persons in jurisdictions outside Cyprus or who are nominees of or trustees for citizens, residents or nationals of other countries.
10.1 The Materials and the contents of APPBAKER are protected by international copyright laws and other intellectual property rights. The owner of these rights is NETQUEST. All product and company names and logos contained within our website or through APPBAKER are the trade marks or trade names of their respective owners, including us.
10.2 You unreservedly accept that NETQUEST and APPBAKER act as mere conduits in the creation, uploading, transmission and circulation of the Content and that they do not initiate the transmission, do not select the receiver of the transmission and do not select or modify the Content or the information contained in the transmission.
10.3 You warrant and represent that (a) any Content created, uploaded, transmitted and circulated by you through the APPBAKER service does not violate any copyrights, patents, trade marks, logos, designs, licences or other related rights, and (b) you have obtained all necessary licences and permits to so use the Content in relation to the APPBAKER service, and (c) no part of the Content may be deemed illegal in any jurisdiction.
10.4 You hereby grant to NETQUEST, for free, a right to affix on the splash screen of any application forming part of the Content a suitable logo referencing to the APPBAKER service.
11. Linked Websites
11.1 NETQUEST makes no representations whatsoever about any other websites which you may access through APPBAKER. When you access any other website you understand that it is independent from NETQUEST and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that NETQUEST endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage 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 other website or resource. Any concerns regarding any external link should be directed to its website administrator or webmaster.
12.1 We try to make APPBAKER available. We cannot guarantee that APPBAKER or any Distribution Service will operate continuously or without interruptions or is error free and can accept no liability for their unavailability. You must not attempt to interfere with the proper working of APPBAKER or any Distribution Service and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.
13.1 We exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Materials, APPBAKER, our website or any information or service provided through us.
13.2 In relation to the provision of the APPBAKER service, we accept no liability for any loss or damage or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of APPBAKER or the Materials, we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of NETQUEST or our servants, agents or any other person.
13.3 You are responsible for ensuring that your computer system and the Objects meet all relevant technical specifications necessary to use APPBAKER and the Materials and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any of the Materials which might be available for downloading will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks to satisfy your particular requirements for the accuracy of data input and output.
13.4 Where by the use of the APPBAKER service NETQUEST shall store at your request any information and/or Objects, NETQUEST shall not be liable for any such information and/or Objects so stored. You hereby undertake and warrant to immediately bring to NETQUEST’s attention any illegality as regards the information and/or the Objects, whereupon NETQUEST shall remove the same and/or disable access thereto.
13.5 You hereby undertake and warrant indemnifying NETQUEST on first demand against all and any damages and/or loss and/or costs (including legal costs) it may suffer as a result of a threatened and/or actual breach by you of these terms and conditions.
14.1 We may assign, transfer or subcontract any or all of our rights and obligations under these terms and conditions at any time.
14.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of APPBAKER will be governed by that version.
14.3 We may alter any of the Materials from time to time and post the new version on our website.
14.5 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
14.6 These terms and conditions and your use of our website and of APPBAKER are governed by Cyprus law and you submit to the exclusive jurisdiction of the District Court of Nicosia in Cyprus.
14.7 NETQUEST will not be held liable for any failure to perform any obligation to you due to causes beyond NETQUEST’s reasonable control.
14.8 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
14.9 This agreement does not create, and it was never the intention to create, a relationship of agent and principal as between NETQUEST and yourself.
15.1 All notices shall be given:
to us via email at email@example.com; or
to you at either the email or postal address you provide during any registration process.
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
16.1 These terms and conditions replace all other terms and conditions previously applicable to the provision of APPBAKER.