Equiem USA LLC

User Agreement - Terms and Conditions

Please do not proceed to use our website or services until you have read, understood and accepted these terms and conditions. If you have any questions, please contact us and we will be happy to assist.

Mail: Equiem USA LLC, PO BOX 4668 #24248, New York NY 10163 - 1668

Phone: 1 888 204 6264

Email: support@getequiem.com

Last updated July 1, 2020

1.0 Agreement

1.1 This document (this “Agreement”) is a legal contract between you (“You” or “you”)  and Equiem USA LLC (“Equiem,” “we,” “us” or “our”) with respect to your access and use of this website, which is owned and operated by Equiem (the Archive Building site (located at https://archive.equiem.com.au/) (the “Website”)) and the cloud-based portal application made available to you through the Website or via mobile application by Equiem in relation to any building or site for the purpose of facilitating access to programs and services (the "Platform” and, together with the Website, the “Service”).

1.2 The following are the terms and conditions governing your use of the Service.  Please read them carefully.  By visiting and/or using the Service, You accept these terms and conditions and agree to be bound by them.

1.3 Equiem reserves the right, at its sole discretion, to change, modify, amend or delete any provision of this Agreement, or discontinue maintaining the Service or any content or information therein at any time, with or without prior notice.  Equiem may change this Agreement from time to time and any changes are effective immediately on posting the modified Agreement on the Website or within the Platform.  We advise You to check this page regularly to take notice of any changes, as we may update this Agreement from time to time.  If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, You must immediately stop using the Service.

2.0 Unauthorized Activity

2.1 You must be a registered user (create an account and select username and password) to access the Service and use its features. You may not use another user’s registration. When registering, You must provide accurate and complete registration information during registration process, and keep this information accurate and current over time on the My Account page. You are solely responsible for any activity, including purchases and posting of comments, that occurs under your registration. If You suspect any unauthorized use or loss or theft of your login information, you must change Your password and notify Equiem immediately.  Equiem reserves the right to suspend or terminate your account if any information provided proves to be inaccurate, not current or incomplete.  You are also responsible for maintaining the confidentiality of your login information.  You may cancel your registration at any time by sending an email to: support@getequiem.com.

2.2 You must be over 18, possess the legal capacity to enter into this Agreement, and agree to follow these terms and conditions, to register and use the Service.  By accessing or using the Service you represent and warrant that You (i) are 18 years of age or older, (ii) have legal capacity to enter into this Agreement, and (iii) agree to the terms and provisions hereof.

3.0 Using the Service

3.1 Equiem may change the Service at any time, does not guarantee that all features of the Service will be retained over time, and may close the Service at any time. Equiem may suspend or terminate Your account or restrict Your access if it reasonably considers there has been a breach of this Agreement by You.  Equiem reserves the right to revoke your access to and use of the Serviceat any time, with or without cause.

3.2 You agree not to do any of the following:
 

  1. access (or attempt to access) the Service by means other than through the interface provided by us;
  2. engage in activity that interferes with, damages or disrupts the Service or the servers and networks that host the Service, including but not limited to upload any viruses, worms, Trojan horses, logic bombs or other forms of malicious or harmful computer code, nor subject the Service’s network or servers to unreasonable traffic loads or denial-of-service attacks;
  3. use, copy, distribute or commercialize any Content (as defined below) or any information generated by it (“Data”) without our prior written consent;
  4. circumvent, disable or otherwise interfere with any security features of the Service;
  5. engage in any fraudulent, abusive or illegal activity in using the Service, including breaches of this Agreement and violations of any applicable local, state, national, or international laws or regulations (any such activity may be referred to appropriate law enforcement agencies);
  6. send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation;
  7. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  8. use any manual or automated software, devices, or other processes or means to “crawl”, “spider” or”, “screen scrape” or otherwise monitor or copy any web pages or materials contained on the Service;
  9. obtain, collect, store or modify the personal information about other users or distribute such information to third-party entities for marketing purposes;
  10. decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service or any portion thereof;
  11. use the Service for benchmarking purposes;
  12. otherwise attempt to interfere with the proper working of the Service; and
  13. encourage or enable any other individual to do any of the foregoing.

3.3 (a) The promotion of goods or services on the Platform are invitations to bargain only. Equiem (i) does not sell or guarantee these goods and/or services and (ii) makes no representations or warranties regarding such goods or services or any other website, mobile application or third-party resources that may be referenced, accessible from, or linked to the Platform or Website.

(b) Equiem will pass your offer to purchase (or order) in response to the invitation to bargain to the provider of those goods and/or services. Such order is subject to the terms and conditions of this Agreement, and any specific terms and conditions specified by the third party. Your offer is to purchase at the price specified, plus any additional charges for delivery specified separately in the invitation to bargain.

3.4 Equiem and the provider of the goods and/or services offered reserves the right to accept or reject your offer for any reason, including unavailability or an error in the description or price, and if your order is rejected Equiem will provide a full refund of any payment received. Once an offer is submitted, You cannot cancel your order.

3.5 If You have purchased goods and/or services on behalf of someone else, You as the registered user remain fully liable for all costs and for procuring compliance by the recipient with this Agreement and with the provider’s terms and conditions. You must not supply any goods and/or services to anyone under the age of 18 under any circumstances.

4.0 Price, Payment and Delivery

4.1 The prices of goods and/or services and other charges are shown in US dollars and do not include any applicable taxes, unless expressly stated otherwise. Prices may change rapidly and are current only at the time of display. All payments must be received in full before an offer is passed onto a provider.  YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY PAYMENT MADE.

4.2 If accepted by the provider, Your offer will be delivered to You in the manner specified within the Service. Some goods and/or services may only be available for delivery or consumption during certain periods or within certain time limits. Equiem cannot be held responsible for any loss suffered as a result of a cause beyond or reasonable control, including loss or damage during delivery. You are responsible for collection of any goods or services, including collecting them within any recommended or reasonable time limits. The provider, not Equiem, is the seller and supplier of the goods or services You have ordered and is solely responsible for any orders you place.

5.0 Refund Policy

5.1 Equiem aims to provide you with a convenient, cost effective method of purchasing goods and/or services. Equiem relies on our providers to supply these goods and services to You. If You have any complaints about the goods and/or services ordered through the Service, please notify the provider and Equiem as soon as possible. While Equiem is not liable for any claims You may have against the provider, Equiem will use reasonable efforts to resolve disputes with the provider.

5.2 Equiem will only issue a refund at its sole discretion and in circumstances where the provider has not supplied the goods and/or services and You have not caused or contributed to that non-supply in any way. You must have provided notice or your request for a refund within 14 days of purchase. Equiem will not issue a refund if You have changed your mind, or You are unable to use or take delivery of the goods and/or services. Your refund request must be sent from the email address that is registered on Your Equiem account, and include all details of the purchase and reasons for the refund request. We may request more proof and investigate the request with the provider. Any refund issued will be issued in a manner at Equiem’s discretion. Any refund is not an admission of liability by Equiem. If Equiem refuses refund request You may seek a refund directly from the provider.

6.0 Email Policy and Links to Third Party Websites

6.1 You consent to receive certain emails from Equiem. Emails are essential for purchase confirmation and account management. You have the option to receive emails containing information on products and the Service generally. For any inquiries contact us at support@getequiem.com.  For more information about how Equiem uses your email address (including instructions on how to opt out of future marketing emails), please visit our [Privacy Policy].

6.2 The Service may include links to third party sites that are controlled and maintained by others. Any link to other Internet sites is not an endorsement of such sites and You acknowledge and agree that we are not responsible for the content or availability of any such sites. This Agreement does not apply to any non-Equiem websites.  It is Your responsibility to evaluate the content and usefulness of information obtained from other sites.  Equiem expressly disclaims any liability arising in connection with Your use of any websites or any material associated with links that may appear on the Service.

7.0 DISCLAIMERS

7.1 EQUIEM WILL PROVIDE THE SERVICE AND ANY RELATED SERVICES WITH DUE CARE AND SKILL BUT THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE AND WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. EQUIEM MAKES NO WARRANTY THAT THE FUNCTIONALITY OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF MALICIOUS CODE, VIRUSES OR ANYTHING ELSE, WHICH MAY BE HARMFUL OR DESTRUCTIVE.

7.2 YOU AGREE AND ACKNOWLEDGE THAT NEITHER EQUIEM NOR THE OWNERS OF THE BUILDING TO WHICH THE SERVICE RELATES (THE “BUILDING OWNERS”), ARE THE SUPPLIER OF THE GOODS AND/OR SERVICES THAT ARE DISPLAYED ON THE SERVICE, AND THE ULTIMATE PROVIDER IS THE THIRD PARTY AS SPECIFIED ON THE SERVICE WHICH HAS SOLE RESPONSIBILITY FOR PROVIDING THE GOODS AND/OR SERVICES ORDERED THROUGH THE SERVICE.

7.3 TO THE MAXIMUM EXTENT ALLOWED BY LAW, EQUIEM AND THE BUILDING OWNERS EXCLUDE ALL LIABILITY TO YOU OR ANYONE ELSE FOR LOSS OR DAMAGE OF ANY KIND (HOWEVER CAUSED OR ARISING) INCLUDING CONSEQUENTIAL LOSS RELATING IN ANY WAY TO THE CONTENT AND/OR SERVICE INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE YOU MIGHT SUFFER AS A RESULT OF:

  1. PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO, AND USE OF, THE SERVICE AND ANY PURCHASES OF GOODS AND/OR SERVICES ACQUIRED THROUGH THE SERVICE;
  2. ERRORS, MISTAKES OR INACCURACIES ON THE SERVICE;
  3. YOU ACTING, OR FAILING TO ACT, ON ANY INFORMATION CONTAINED ON OR REFERRED TO ON THE SERVICE AND/OR ANY LINKED SITE;
  4. DEFAMATORY, HARMFUL, OFFENSIVE OR UNLAWFUL CONDUCT OF ANY USER OF THE SERVICE;
  5. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THOSE SERVERS;
  6. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
  7. ANY MALICIOUS CODE, VIRUSES OR COMMUNICATIONS WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND/OR
  8. FAILURES IN RELATION TO THE MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OF ANY GOODS AND/OR SERVICES OFFERED OR PROVIDED ON ANY LINKED SITES.

7.4 EQUIEM TAKES REASONABLE EFFORTS TO MONITOR ORDERS AND ENSURE THEY ARE PROVIDED ACCURATELY AND SUCCESSFULLY TO PROVIDERS, PROVIDE A HIGH QUALITY INTERNET PLATFORM EXPERIENCE FOR USERS, AND SELECT REPUTABLE, CONSISTENT AND HIGH QUALITY PROVIDERS. HOWEVER, EXCEPT IF AND TO THE EXTENT ONLY REQUIRED BY LAW, WE DO NOT WARRANT TO YOU, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY GOODS AND/OR SERVICES ADVERTISED, OFFERED BY OR ACQUIRED FROM A THIRD PARTY THROUGH THE SERVICE OR ANY LINKED SITE OR FEATURED IN ANY ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF GOODS AND /OR SERVICES.

7.5 Where any law implies a warranty under this Agreement that cannot be lawfully excluded or waived, then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for pursuant to such law. To the extent permissible, our liability will not exceed the price paid to Equiem by You in relation to the goods and/or services in question.

7.6 It shall be Your responsibility to make all necessary inquiries and take any action you consider necessary if you require insurance or require the service provider to be insured or to have insurance coverage that covers you in respect of the provision of their goods and/or services, prior to proceeding with any booking or services.

8.0 Liability and Indemnity

8.1 You agree to indemnify and hold Equiem and the Building Owners and their employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Equiem and the Building Owners arising out of any breach by you of this Agreement or other liabilities arising out of your use of the Service.

8.2 TO THE MAXIMUM EXTENT ALLOWED BY LAW, EQUIEM SHALL HAVE NO LIABILITY FOR ISSUE OF REFUNDS IN RELATION TO THE GOODS AND/OR SERVICES SUPPLIED OR TO BE SUPPLIED UNDER THIS AGREEMENT. IF EQUIEM IS LIABLE, ITS LIABILITY SHALL BE LIMITED TO THE PROVISION OF THE MINIMUM REMEDIES REQUIRED AT LAW. EQUIEM SHALL HAVE NO LIABILITY (INCLUDING FOR LOSS OR DAMAGE, WHETHER DIRECT OR INDIRECT) FOR ANY ACT, OMISSION OR DEFAULT, WHETHER NEGLIGENT OR OTHERWISE OF ANY PROVIDER OF GOODS AND/OR SERVICES IN CONNECTION WITH THE SERVICE. IF EQUIEM’S LIABILITY CANNOT BE EXCLUDED, AND TO THE EXTENT PERMISSIBLE AT LAW, SUCH LIABILITY IS LIMITED TO THE VALUE OF THE TRANSACTION OR THE MINIMUM REMEDIES REQUIRED AT LAW.

9.0 Information Displayed on the Service

9.1 Information about goods and/or services promoted on the Service, is based on material provided by the providers and product manufacturers of these goods and/or services and Equiem in good faith relies upon the information supplied to it by providers and does not independently check the accuracy of the information supplied.

9.2 You understand and agree that except to the extent required by law, Equiem shall have no liability in respect of errors or omissions caused by incorrect or inadequate information supplied by providers or manufacturers. You agree to make your own inquiries to verify information provided about the goods and/or services promoted on the Service and to assess the suitability of these goods and/or services before you purchase through the Service. Your participation in any provision of goods and/or services offered by a provider is conditional upon your acceptance of the provider's terms and conditions as notified at the time of the transaction.

9.3 You agree and acknowledge that:

  1. goods and/or services may be limited in terms of delivery and availability;
  2. where providers offer services on the basis of 'sessions' or otherwise on time basis the advertised duration may be indicative and approximate;
  3. The providers of some goods and/or services may impose conditions. It is your responsibility to obtain details of any restrictions that may apply from the provider prior to confirming any booking and confirm that you are able to comply;
  4. Photographs appearing on our Service to illustrate details of offers of providers are generally those made available to us by providers. They are intended to be indicative only of the services, venues and locations at which services are offered by providers;
  5. a representation on the Platform that services will be available over a range of dates does not preclude You from being required to make a booking for the services to which the booking relates. Bookings may not be available on short notice;
  6. restaurant menus advertised on the Platform are indicative only and subject to change without notice; and
  7. where providers offer a course or series of sessions or treatments (such as beauty treatments and waxing appointments) you agree that these may need to be scheduled at intervals to be determined in consultation with the provider, in order to maximize the efficacy of the services provided or to minimize risks to health or wellbeing.

10. Content

10.1 You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("Content") posted on, transmitted through or linked from the Service are the sole responsibility of the person from whom such Content originated.

10.2 You understand that we do not control and are not responsible for Content made available through the Service unless it originates from us. Consequently, by using the Service you may be exposed to Content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Service at your own risk and to the extent permissible at law we shall have no liability for any such Content.

10.3 To make any Content contribution, view Content or enter into any transaction in relation to the Service, You must register to become a registered user.

10.4 As a registered user, You agree that You are responsible for any Content submitted, posted or made available through the Service via Your account and you must not post Content, or allow Content to be posted, through Your account that:

  1. You do not have the right to post;
  2. is defamatory or in contempt of any legal or other proceedings;
  3. is misleading or deceptive;
  4. incites hatred or discrimination against any group of persons being a group defined by reference to color, race, sex, origin, nationality, sexual orientation or ethnic or national origins;
  5. denounces religious or political beliefs;
  6. includes religious or political material which is or is likely to be offensive;
  7. is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
  8. infringes any intellectual property right of another person or discloses any information that would constitute a violation of any confidentiality obligations you may have;
  9. contains any unsolicited or unauthorized advertising or promotional material;
  10. contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
  11. impersonates any person or misrepresents your relationship with any person.

10.5 Equiem reserves the right, in its absolute discretion, to pre-screen, refuse or remove any Content from the Service without giving any reasons.

10.6 You understand and agree that we may retain server and backup copies of your submitted Content even if You have altered, removed or deleted Your content from public display.

11. Intellectual Property, Confidentiality and Privacy

11.1 We reserve all intellectual property rights, including but not limited to, copyright and trademark in material and/or services provided by us, subject to your limited right to use the Service in accordance with this Agreement. Nothing in this Agreement gives You a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.

11.2 Other trade marks used on the Service that belong to third parties are used with permission and remain the intellectual property of the third party.

11.3 By contributing Content to the Service in circumstances where it is reasonable from the context of your communication to expect that You intend the correspondence or communication to be made accessible to other users of the Service, then you hereby grant, and you represent and warrant to Equiem that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, perform, display and distribute the content and to prepare derivative works of the Content or incorporate the Content into other works in order to publish and promote such Content.  You acknowledge and agree that any feedback, comments or suggestions you may provide to us regarding the Service (collectively, the “Feedback”) will be the sole and exclusive property of Equiem and you hereby irrevocably transfer and assign to Equiem all of your right, title, and interest in and to any and all Feedback.

11.4 As between you and Equiem, Equiem retains all right, title and interest in and to all copyright, trademarks and all other intellectual property rights in the Service and its Content (including without limitation the design of the Service, text, graphics and all software and source code connected with the Service). None of the Content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of Equiem or respective copyright holder (which excludes downloading, copying and/or printing of pages of the Service for personal, non-commercial home use only).

11.5 Equiem’s collection, use and disclosure of any personal information, including your name, address, telephone number and email address is governed by our Privacy Policy, located at [Privacy Policy] (the “Privacy Policy”).

11.6 Except as expressly provided in the Privacy Policy, Equiem does not make any warranty in relation to the security or privacy policies of any third parties involved with the Service in any way, including payment gateway providers.

11.7 If you believe that any material provided on or through the Service, including through a link, infringes Your copyright, You should notify us of Your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement that we receive and take appropriate action in accordance with applicable intellectual property laws.  A notification of claimed copyright infringement should be emailed to support@getequiem.com with a subject line: “DMCA Takedown Request”. The notification must contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service that is reasonably sufficient to enable Equiem to identify and locate the material; (iv) your contact information, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

12. Terms & Conditions of Entry to Competitions

12.1. By entering competitions or giveaways (“Competitions”) through the Service, entrants accept these Terms & Conditions of Entry (these “Terms & Conditions of Entry”) as part of the Agreement. Information on prizes and how to enter Competitions, and associated information about the competition (the “Related Information”), form part of the Terms & Conditions of Entry.

12.2 Entry to a Competition on the Service is open only to users registered on the Service, excluding employees of Equiem. Unless otherwise specified, only one entry is allowed for each registered user.

12.3 Entries close on the specified date of each Competition. An entrant to be awarded a prize in a Competition (a “Winner”) will randomly be chosen by Equiem unless another method of determining the Winner is specified in the Related Information.

12.4 A Winner will be selected on the date specified in the Related Information and will need to pick their prize up from Equiem’s office or as specified in the Related Information. Each Winner will be notified within 5 business days of selection.  Each Winner agrees that its photo and the first name may be published on the Service.

12.5 These Terms & Conditions of Entry are subject to change and Equiem has complete discretion to determine the outcome of any dispute in relation to a Competition that may arise. In the event of a discrepancy, the Related Information takes precedence over these Terms & Conditions of Entry.

12.6 If any prize is unavailable, for whatever reason, Equiem reserves the right to substitute the prize for an alternative prize of equal or greater value. Prizes are not redeemable for cash, credit or product and no exchanges are offered.

12.7 If for any reason a Winner does not collect their prize or an element of the prize by the time stipulated by Equiem, then the prize or that element of the prize will be forfeited.

12.8 Equiem shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury, property damage or other loss suffered or sustained in connection with the prize except for any liability which cannot be excluded by law.

12.9 Equiem and/or a provider of goods and/or services through the Service may issue codes which provide a discount to users when purchasing goods and/or Services through the Service (“Coupons”). By using a Coupon users accept these Terms and Conditions for Use of Coupons as part of the Agreement.

12.10 Any information printed on a Coupon (if provided in physical format) or included in any communication at the time of providing the Coupon to the user form part of the Terms and Conditions for Use of Coupons.

12.11 Equiem may at its absolute discretion determine whether or not to honor the discount stated on a Coupon. Equiem is not liable to the user or any other person if it fails to honor the discount stated on the Coupon.

13. Miscellaneous

13.1 If any part of this Agreement is invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then it shall be severed and the remaining parts shall survive and remain in full force and effect and continue to be binding and enforceable. In the instance where additional conditions relating to a specific product or service are provided at time of purchase, such condition shall take precedence over the terms of this Agreement.

13.2 If we merge, sell or otherwise change control of our business or the Service to a third party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.

13.3 Neither party is liable for a cause beyond its reasonable control, provided each has made all commercially reasonable efforts to mitigate the effects of that cause.

13.4 This Agreement is governed by the laws of the State of New York excluding choice of law principles, and both parties submit to the exclusive jurisdiction of these courts.

13.5 If you have downloaded a mobile application version of the Service from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Equiem only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Contacting Equiem

If you have any questions about this Agreement or the Service, please contact Equiem:

Mail: Equiem USA LLC, PO BOX 4668 #24248, New York NY 10163 - 1668

Email:  support@getequiem.com

Phone: 1 888 204 6264 (Monday-Friday, 9:00 am - 5:00 pm EST)