By clicking to agree to Avocado’s User Agreement, you, the User, agree to the terms and conditions set forth herein,
The following agreement is an agreement made between;
(1) You, the User (hereinafter referred to as “the User”)
(2) Surge Global (Pvt) Ltd, a company registered in Sri Lanka having its registered and principal place of business at No.300 Rajagiriya Road, Rajagiriya (Hereinafter referred to as “the Company”, “Surge Global”, “Surge”, “Avocado”)
The User wishes to utilize, and the Company agrees to provide, the solution and services set out in accordance with the terms and conditions laid out herein.
1.1 The following defined terms shall apply to this agreement:
|Avocado||Avocado is a proprietary mobile and web-based application, owned by Surge Global (Pvt) Ltd, with front-end and back-end interfaces which allow consumers to create and upload content for specific organizations.|
|The Application||Refers to “Avocado” app and all related systems, software, and services|
|The Service||Refers to “Avocado” app and all related systems, software, and services|
|User||A individual that has downloaded the mobile application|
|Content||Pictures or videos captured by users and submitted through the Avocado Mobile application|
|Verified Content||Content approved and rated by the Company|
|Points||A “Virtual currency” that is awarded based on verified content and decays over time. Points are organization specific and cannot be transferred.|
|User Tier||The ranking system used by Avocado to rank Users (Bronze, Silver, Gold)|
|Partners||Businesses which have partnered with Avocado to participate in the loyalty membership offerings provided through Avocado. This includes Businesses who were at some point partnered with Surge Global but may have ended the partnership.|
|Restaurant Tier||A classification within Avocado based on the type of Restaurant the client operates, dependent on price of products sold and likely frequency of consumption by a single user.|
|Terms||Refers to the terms set out in this agreement|
- Subject Matter of the Agreement
- Avocado, a proprietary application owned by Surge Global, is an application which allows users to create content, in the form of pictures (photography) and videos, and submit them to Partners via the Avocado application. The Application allows Partners to access the business specific relevant content for commercial usage in exchange for offering the User discounts and/or other services/products which are in alignment with the agreement the Partner holds with Avocado.
- Avocado does not provide discounts and offers of its own accord, and is a platform that facilitates the “transaction” between the Partner and the User as described in Clause 2.1.1.
- If the User is not of legal age as per the legal consideration of the country in which the User is using the Application, the usage of the application will be considered as the User has obtained the consent of their legal guardian.
- Surge Global reserves the right to change or adapt or add to these Terms at any time and without giving reason or prior notice. Surge Global, purely at its own discretion may choose to provide notice to Users, either through the Application or via email or other reliable method of communication regarding changes or updates to the terms of this agreement. You have the right to immediately cancel and terminate your account if you do not agree to the changes to the terms. Continued use of the Application shall be construed as agreement to the changes, adaptations and/or additions to the terms.
- The usage of the Application is subject to the terms in force at the time of use.
- Obligations of the User
- The User confirms that they will not upload any content to or through the Avocado application that:
- Contains any pornographic, racist, defamatory or otherwise immoral, obscene, unlawful, violent, hateful or threatening content.
- Violates any law, statute or regulation, both in the Governing Law as outlined in the terms of this agreement or the laws of the country in which the User resides.
- Infringes on any third party rights or other intellectual property, contract, or any other rights of any person or entity.
- Offends, defames, harasses or causes damage to Surge Global or any third party.
- The User confirms that all content uploaded to or through Avocado is:
- Content created by the User and/or they have the right to use the content and provide rights to said content as laid out in Clause 4 and its subsections.
- Usable by Surge Global and/or its Partners and will not have to pay any royalties or licencing fees to any third parties to use said content.
- The User will provide accurate information when signing up to the Application and will not:
- Impersonate any other person, including but not limited to; representatives of Surge Global or its Partners, or any non-existent individuals to avoid legal implications of using the Application as laid out in this agreement.
- Send any data or store any data on the Application which is intended to by its nature, impair or damage or endanger the operation of the Service, Surge Global or its Partners.
- Utilize the Application to create, launch or house any form of electronic attacks on, but not limited to, Surge Global and its Partners.
- Collect, store or use any personal information, including names, images and content from or about other users.
- Use or copy any designs, functionality, assets (e.g. logos, icons, graphics) or modify the application in any way.
- User Content
- The User agrees to hand over all rights and ownership of and content created through and/or submitted through the Avocado application.
- User grants Surge Global and its Partners worldwide, non-exclusive, perpetual, irrevocable,transferable, royalty-free license (including for any and all purposes both commercial and non-commercial).
- The User grants Surge Global and its Partners the right to sublicense, reproduce, adapt, modify, publish, copy, and distribute and display publicly through any and all mediums/platforms, store and archive, in whole or part without contention.
- Surge Global and its Partners will, to the best of their knowledge, not use User content for any illegal purposes.
- The User acknowledges that the content can be used by Surge Global and its Partners without providing compensation or attribution to the User.
- Surge Global reserves the right to remove any content that it deems inappropriate, of poor quality or violates any of the terms in this agreement.
- Intellectual Property
- The Company retains all ownership of the Avocado platform, content, and any and all related platforms developed by Company:
- The User will not utilize the Application to develop direct or indirect competitor services/solutions.
- The User will not alter, modify or in any other way change the Application.
- The User will not, without explicit written consent, use the Avocado logo, content or any related item, as described in Clause 3 and its subclauses, for any purpose of commercial gain, defamation, inappropriate or deceptive manners.
- Information Protection
- Surge Global will do its utmost in protecting User’s personal data, and will not utilize said data for any purposes outside the operating procedures of the Application.
- Surge Global will not provide User’s data to any non-related third party companies, sell or manipulate data for illegal or non-business related activities.
- Depending on the User’s country, Data protection regulations such as GDPR will be followed. If questions regarding User’s data arises, please email [email protected]
- In no event shall Surge Global or its Partners be liable for any indirect, incidental, consequential or special damages, including loss of profits or punitive damages, even if advised of their possibility.
- While Surge Global pledges to ensure compliance of its Partners to the advertised offerings through Avocado to the best of its ability, non-compliance by Partners will not create liability for Surge Global, and the User accepts that if in case of non-compliance by Partners, they will not attempt to defame or initiate legal proceedings against Surge Global.
- Surge Global will to the best of its ability attempt to ensure the Application and its functions operate correctly, however can not be held liable if errors occur in the usage or attempted usage of the Application as per Clause 6.1.
- The User agrees to defend, indemnify and hold harmless Surge Global and its Partners, affiliated companies, assignees, its employees, contractors, agents and directors from and against any claims, damages, obligations, losses, liabilities, costs arising from the User’s breach of the terms within this agreement.
- No Third Party Rights
- This Agreement shall be for the sole benefit of the parties to this Agreement and is not intended, nor shall it be construed, to give any person, other than the parties hereto, any legal or equitable right, remedy or claim hereunder.
No assignment of this Agreement or of any rights or obligations hereunder may be made by either party (by operation of law or otherwise) without the prior written consent of the other party and any attempted assignment without the required consent shall be void.
- The provisions of Clauses 4 and 5 of this Agreement shall survive any expiration of termination of this Agreement.
- Should any provision of this Agreement be or become invalid, inoperative or unenforceable, in its entirety or in part, the validity of the remaining provisions shall remain unaffected. The invalid, inoperative or unenforceable provision shall be deemed replaced by a provision which is legally permissible and corresponds most closely, in respect of place, time, amount, and scope, to what the Parties would have agreed had they known the invalidity, inoperability or unenforceability of the provision in question in order to reach the same economic objective. The Parties shall without undue delay confirm vis-à-vis each other the content of the provision which replaces the invalid, inoperative or unenforceable provision.
The same shall apply in the event of any missing provisions.
- Governing Law
- This Agreement shall be construed in accordance with the Laws of the Democratic Socialist Republic of Sri Lanka, without reference to its conflict of law provisions, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with said laws.