The ClockStock 2 App is operated by Euganox Ltd, Reg #E.44977 35 The Saltmills, Providenciales, TCI (hereinafter referred to as “Euganox”, “we”, “us”, “our”). These Terms and Conditions (“Terms”) set out the agreement under which we may provide you with use of the ClockStock 2 App and our associated services. By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the ClockStock 2 App.
Euganox provides its services exclusively on the basis of these Terms. We may update our Terms from time to time. Thus, you are advised to review this page periodically for any changes. We may notify you of any changes by posting the new Terms on this page.
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at [email protected].
1. Scope
These Terms apply to every user of ClockStock 2 App (hereinafter referred to as “you” or “user”). No other Terms apply to the provision of the ClockStock 2 App except as set out in these Terms, unless we have agreed otherwise with you in writing.Our acceptance of your order will take place when we take payment details from you and make the ClockStock 2 App available to you, at which point a subscription contract will come into existence between you and us.
2. Your agreement with Euganox
These Terms are only available in English.
2.1. ClockStock 2 App usage
You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Euganox Ltd.
Euganox Ltd is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
You should be aware that there are certain things that Euganox Ltd will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Euganox Ltd cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Euganox Ltd cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Euganox Ltd cannot accept responsibility.
With respect to Euganox Ltd’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Euganox Ltd accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on iOS – the requirements for system(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Euganox Ltd does not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
2.2. Security
The ClockStock 2 app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the ClockStock 2 app won’t work properly or at all.
2.3. Third party Terms and Conditions
The app does use third party services that declare their own Terms and Conditions.
Link to Terms and Conditions of third party service providers used by the app
Google Play Services
Google Analytics for Firebase
Firebase Crashlytics
One Signal
Sentry
Tink
TrueLayer
RevenueCat
2.4. Creating a Euganox User Account
The use of the ClockStock 2 App is not intended to be available to users for persons under the age of 18. If you are younger than 18 years old, you are unfortunately not permitted to use the ClockStock 2 App.
In order to use Euganox' services, you must (1) satisfy the age requirements, (2) be authorised to enter into a legally binding contract with us and not be prevented from doing so by applicable laws, and (3) be located in a country where our service is available. Please check the ClockStock 2 App to see if our service is available in your country.
Euganox will provide you with its services, as soon as you subscribe for the ClockStock 2 App (see section 2.2.). To create a Euganox user account and subscribe for the ClockStock 2 App, you must provide us with all the data as required in the registration form. By then accepting these Terms and subscribing for the ClockStock 2 App, you receive a simple and non-transferable right to use the ClockStock 2 App in its current version. A separate declaration of acceptance by Euganox is not required. You must personally create an account, as we do not accept registrations carried out by third parties on your behalf. You are only permitted to have one Euganox user account. We reserve the right to refuse to accept your registration where we have reasonable cause, or should we believe that by doing so would result in us being in breach of any applicable law or regulation.
2.5. Subscriptions
After you have downloaded the ClockStock 2 App, you can subscribe to the ClockStock 2 App. Only after you purchase the paid subscription, will you have access to all the contents and services of the ClockStock 2 App (see paragraph 3). We offer paid subscriptions on a trial basis for a certain period of time free of charge (see paragraph 2.4).
You can subscribe by following the steps as indicated in the ClockStock 2 App. Euganox offers monthly or yearly subscription options. Our monthly subscription is payable in monthly instalments. You agree that Euganox may automatically charge the monthly subscription fees to the payment method you provide until cancellation. To avoid being charged for the next monthly subscription, you must cancel your subscription at least two (2) days before the automatic renewal date. A refund of pro rata subscription time is not possible.The fee for our annual subscription is paid in the form of a one-off advance payment. The annual subscription fee is automatically renewed for another year at the end of the respective subscription period if you do not cancel your annual subscription at least two (2) days before the automatic renewal date.The fees for paid subscriptions are displayed in the ClockStock 2 App. The fees are due in advance when you subscribe for the ClockStock 2 App. The payment methods vary depending on the country you are in and are displayed before you take out the paid subscription.Any bank charges caused by payments on your account are at your expense. If payment is not received using the payment method you have provided, you undertake to pay all amounts due at our request.Subject to these Terms and payment of applicable subscription fees, ClockStock 2 grants you a limited, non-exclusive, revocable license to use the ClockStock 2 App for non-commercial purposes.
2.5.1. Cancelling your subscription
You can cancel the subscription at any time with effect from the end of the subscription period. You must cancel your subscription before the automatic renewal date in accordance to Apple iTunes Store or the Google Play Store rules.
You can cancel the subscription by cancelling the automatic renewal of paid in-app subscriptions via the Apple iTunes Store or the Google Play Store. To cancel or manage your subscription, you must select "Subscriptions" in your iTunes Store or Google Play Store account settings and then follow the respective procedure.
2.5.2. Our rights to end your subscription
We may end your subscription at any time by writing to you if:
- you are in material breach of any of these Terms and you do not correct the breach within 7 (seven) days of being told by us in writing that you are in breach;
- you do not make any payment to us when it is due;
We may write to you to let you know that we are going to stop providing the ClockStock 2 App as a subscription service. We will let you know at least 90 (ninety) days in advance of our stopping the supply of the service.
2.5.3. Free Trial
In case we offer our subscription free of charge on a trial basis for a certain period of time, before you can use the trial subscription, you will be asked to submit your payment details (e.g. via Apple ID). By providing this information, you acknowledge that we may automatically begin charging you for the paid subscription on the first day after the trial subscription ends.
If you do not agree with being charged for the subscription fee, you must cancel the subscription before the end of the free trial period (see paragraph 2.5.1. above). If you cancel your subscription during the free trial period, your access to the ClockStock 2 App will stop automatically at the end of your free trial period. If you cancel after the end of your free trial, you will continue to have access to the ClockStock 2 App to the end of your current billing period and you will not be entitled to a refund.
3. Security of your data
Euganox will continuously update, expand or modify the ClockStock 2 App to respond to changing user interests, to fix technical errors and to introduce new features. We therefore recommend that you keep the ClockStock 2 App, all other software on your device and your operating system up to date (for example, with respect to the latest security patches).
The data transferred between the ClockStock 2 App on your device and the Euganox’ systems is done via TLS/SSL connection. Your bank transaction data is stored securely by Euganox in a data center in Netherlands certified according to the PCI-DSS and ISO27001 standards. Euganox is entitled to adapt the technical measures for the protection of your data from time to time (e.g. due to further development of the state of the art or due to current knowledge in the field of cryptography).
We may communicate with you via various methods including email. Although all of our emails are scanned for viruses, it is recommended that any attachment(s) be scanned by yourself as we cannot be held liable for any loss or damage caused by software viruses. If you choose to communicate with us via email, please be aware that email communications without the use of encryption, may not be the safest method of communication and third parties may be able to access it. Euganox is not liable for such access. If you wish to guarantee the safety and confidentiality of any information you send to us via email, encryption methods should be used.
Euganox provides you with the ClockStock 2 App in its current version. You are not entitled to request the maintenance of the ClockStock 2 App in the state it was in when you accepted these Terms or at a later date. The ClockStock 2 App supports mobile devices with iOS or Android operating systems. Euganox reserves the right to offer the ClockStock 2 App only for certain operating systems and/or only for certain versions of operating systems. We advise you to always keep your operating system up to date.
We do not share your data with unauthorised third parties. Your information may be shared with authorised third parties in some situations, particularly when it is strictly necessary to provide and improve our services. Under no circumstances will we sell your data to third parties.
You can find further information in our Privacy Policy
The ClockStock 2 App may not work on all devices. In particular, if you install the ClockStock 2 App on a device with an operating system that has been modified in a way that breaches the requirements of the manufacturer or supplier of the device, including circumventing any restrictions without authorisation (a “Modified Device”), then it may not work and you should not use it on this device. We will not be responsible for any loss caused by use of the ClockStock 2 App on a Modified Device or by the failure of the ClockStock 2 App to work properly or at all in that case. When using Modified Device, you will bear the burden of proof that a defect was not caused by the modification of the device.We will need to carry out planned and, occasionally, unscheduled technical maintenance from time to time, during which you will not be able to use the ClockStock 2 App.
We cannot guarantee that use of the ClockStock 2 App will be uninterrupted or error-free. As with most services that are being provided online, we also cannot guarantee that the ClockStock 2 App is free of any viruses or other malicious code, although we do everything we can to prevent this happening. If any defects occur, we request that you document these and send them to ClockStock 2 in writing. Among other things, your information will allow us to improve our service. Please tell us about this using [email protected]. This does not affect your legal rights in relation to faulty or mis-described products.
We may adapt the technical and organizational measures we use to protect your information (to reflect improvements in technology, for example) as long as this does not reduce the level of protection we apply to your information.
4. Obligations of Euganox
We are under a legal duty to supply services that are in conformity with these Terms. Nothing in these Terms will affect your legal rights.
Euganox is committed to providing support for enquiries via email. Euganox will normally respond to your enquiries within 2 working days. Please note that depending on the nature and extent of your question, an answer or solution may not be provided within 2 working days. Furthermore, Euganox may refer you to a product provider or to the AISP/PISP where appropriate.
5. Obligations of the user
You agree that you will:
- not try to access the account of a third party via the ClockStock 2 App;
- not try to access the loyalty card of a third party via the ClockStock 2 App without their express permission;
- not transfer or try to transfer viruses, trojans, worms or other malicious code into our systems;
- not hack, reverse engineer or manipulate our systems or try to do so;
- not use the ClockStock 2 App in a way that breaches any laws or regulations, or that might put us in breach of any laws or regulations;
- not violate any contractual agreements with the providers of your account when using the ClockStock 2 App;
- and keep your data in the ClockStock 2 App up to date.
If we have reason to think that you are in breach of any of these Terms, we can temporarily suspend your access to the ClockStock 2 App while we investigate the matter further. Euganox will inform you about the suspension of your account, unless by doing so we would be violating any of our legal obligations. Should we decide that you have not breached these Terms, we will restore your access to the ClockStock 2 App as quickly as we can.
You are responsible for keeping your individual login details secret and secure and for protecting them from being obtained or used by any other party. You should not write them down or store them in a way that allows any other party to gain access to the ClockStock 2 App. Should any of your devices on which you have installed the ClockStock 2 App or where you may have consequently backed up your data, be lost or stolen, anyone in possession of the device may be able to access your ClockStock 2 App user account. You are responsible for contacting us immediately in the event of the loss or theft, or in the event of your knowledge of any misuse of, or unauthorised access to your ClockStock 2 App account. You may contact our support team via [email protected]
6. Our liability
We are responsible to you for the loss or damage you suffer that is a foreseeable result of us breaching these Terms, except for where it is excluded by this paragraph or otherwise in these Terms. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is either obvious that it will happen or known by both you and us at the time you entered into these Terms that it might happen.
We are not legally allowed to exclude or limit our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or where the ClockStock 2 App is not fit for purpose, of satisfactory quality or not as described.
If you use the ClockStock 2 App for any personal, commercial or business purpose, we will not be liable to you for:
- loss of profit or anticipated savings;
- loss of business or business opportunity;
- loss of goodwill;
- any special, indirect or consequential damage or loss.
7. Data Protection
You may find more information regarding data protection in our Privacy policy . The Privacy Policy forms part of these Terms.
8. How we can change the ClockStock 2 App or these Terms
We can change these Terms or change the ClockStock 2 App for any of the following reasons:
- to add new features to the ClockStock 2 App;
- to withdraw any features or functionality;
- to reflect changes (including expected changes) to law or regulation, including any decision of a court, regulator or ombudsman;
- to reflect any changes to our costs of providing the ClockStock 2 App;
or
- to respond to any changes of the technology we use or might want to use.
As these Terms have no expiry date and we hope that you will use the ClockStock 2 App for a long time into the future, we may need to amend these Terms or the ClockStock 2 App where we have a good reason that is not listed above.
If you do not want to accept the amendment, you can end this agreement by sending an email to [email protected] within 30 days of Terms change. On receipt of such email, Euganox is entitled to terminate this contract before the changes take effect without notice, with the result that your Euganox user account can/will be deleted. The original terms and conditions shall continue to apply until termination.
If you do not terminate this agreement beforehand, the amendment will come into effect after the notice period (where notified by email) or immediately (when puplished).
9. Other important terms
These Terms will be communicated in English.
These Terms are governed by English law. Any dispute between you and us in connection with your use of the ClockStock 2 App, and our associated service, and/or these Terms, may be brought in the courts of England and Wales.
If a court decides that we cannot rely on a part of these Terms, the rest of the Terms will continue to apply, as each of the provisions of these Terms operate separately.
These Terms were last updated on March 20th, 2021.