General Terms & Conditions – Help Center

DEFINITIONS

In these General Terms and Conditions, the following words shall have the following meanings:

“utu”	:	shall mean UTU REWARDS Pte Ltd, its related companies, subsidiaries and/or associates.
“User” or “Users”	:	shall mean any individual who has registered or accesses the Utu App and/or the Utu Website.
“Products and Services”	:	shall mean UTU Card, utu Privileges Program, or any products and services offered to Users via the Utu App and/or Utu Website.
“Terms”	:	shall mean this General Terms and Conditions.
“Third Party Service Provider”	:	shall mean a party other than Utu and/or any of its related corporations which provides any function
“Utu App”	:	shall mean the mobile phone application developed by utu.
“Utu Website”	:	shall mean the website developed by utu.
“VRO”	:	shall mean Vat Refund Operator.

The heading or titles to the Clauses in the Terms are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of the Terms.

ACCEPTANCE OF TERMS
1. These Terms shall govern the relationship between the Users and Utu with regards to the Products and Services provided through the Utu App or/and Utu Website.
2. Utu provides Products and Services connected, directly and indirectly, to the Value Added Tax (“VAT”) refunds in favour of the Users.
3. The Users shall be deemed to fully accept and be bound by these Terms by either registering or engaging or using the Utu Website and/or the Utu Application.
4. The User represents that the User is of legal age and has the legal capacity to form a binding contract and will not be barred from accessing or using the Utu App and/or the Utu Website under the laws of the applicable country, which the User is accessing and/or using the Utu App or Utu Website.
ACCESS TO UTU APP AND UTU WEBSITE
1. Access to Utu Website and the download of the Utu App are available for free.
2. Users can read utu Privacy Policy and utu Cookies Policy at ututaxfreehelp.zendesk.com. utu Privacy policy contains information on how personal data will be collected, used, and processed during the access to the Utu Website and/or Utu App and the purchase of Services and Products.
USER ACCOUNT REGISTRATION
1. The User shall only be provided access to the Products and Services only after the User follows the instructions on the Utu App or Utu Website and provide the necessary information required.
2. utu recommends the User to use the latest iOS or Android versions of the Utu App. utu shall not be responsible for or obliged to provide any adaptations, enhancements and/or modifications to the Utu App, including any updates, patches, bug-fixes and/or upgrades to the Utu App or any new versions and/or releases of the Utu App which incorporate new features or functions.
3. utu will not provide any services to Users who fail any KYC or AML conditions or are classified as sanctioned under Clause 14 of this Terms.
UTU TAX FREE CARD (“UTU Card”)
1. The UTU Card is a virtual card with a standard 16-digit number, provide to Users who register for the product through the Utu App. UTU Card is issued by UAB NIUM EU, a company registered in Lithuania who is acting as an issuer and bin sponsor for the UTU Card (“Issuer”). The UTU Card will be subjected to these Terms and the terms and conditions set forth by the Issuer.
2. A User personal information and transaction details may be provided to the appointed service providers and data processors for the Purposes of Know your Client and anti-money laundering monitoring, registration of the UTU Card and providing the products and services.
3. User consents to the following for the UTU Card:
  1. utu and the Issuer will provide the User with a virtual card which is to be used solely to receive User’s VAT refund amount after successful registration.
  2. Funds received from the VRO on the UTU Card will be transferred to utu’s account for the purposes of providing the conversion to rewards as set out in the Utu App.
  3. To utu imposing a processing and/or conversion fee in relation to the rewards which shall be imposed on the VAT refund amount.
4. The UTU Card set out in these Terms is issued to a User as a virtual card without a physical card. The UTU Card can only be used for the purposes of receiving a VAT refund amount. The UTU Card does not support cash deposit or withdrawals and other related physical or virtual card functions, pre-authorized transaction related services, including but not limited to ATM, POS, electronic cash and flash payment.
5. New or amended regulations on virtual cards may be published from time to time. Any new requirements shall be notified to the User’s via the Utu App from time to time when using the UTU Card.
ACCURACY OF UTU USER’S PERSONAL DATA
1. If the User creates an account with utu, or to sign in to the Utu App via a third party social media account and/or further registers for the UTU Card, the User agrees to:
  1. Provide true, accurate, current and complete information about the User as prompted by the registration form in the Utu App (“Registration Details”); and
  2. Maintain and promptly update the Registration Details to keep them true, accurate, current and complete.
2. utu reserves the right to prohibit access to the Utu App and/or Utu Website for the provision of the Products and Services or to withdraw from the User the possibility to connect to the Utu App and/or Utu Website without notice if:
  1. the User Registration Details provided by the User are false, incomplete, or in any case inaccurate;
  2. the User has been involved in fraud of any kind;
  3. the User has undertaken a legal dispute with utu;
  4. the User has violated the conditions of these Terms; or
  5. the User is deemed to be unsuitable to main relations with utu.
3. utu reserves the right to report to any relevant governmental authorities any activity or suspected activity which violates any applicable laws and regulations, and will cooperate with governmental authorities to ensure that offenders are prosecuted by the respective laws and regulations.
4. utu further reserves the right to provide to the relevant governmental authorities all the information believed necessary or appropriate, including the contact details of the User, IP addresses, traffic information, usage history, and published contents at the request of the relevant governmental authorities.
5. The User acknowledges, consents and agrees that utu may access, preserve and disclose information associated with the User’s account if required to do so by application laws, statues and regulations or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
  1. Comply with all applicable laws, statutes and regulations;
  2. Enforce any or all Clauses of these Terms;
  3. Respond to any User request for customer service, or protect the rights, property or personal safety of utu, Users, Third Party Service Providers and the public; or
  4. Use all information utu has access to in relation to User activities on the Utu App and/or Utu Website, without reference to the User.
6. User Registration details and transaction details will be processed in accordance with the utu Privacy Policy.
USER OBLIGATIONS
1. Users shall only use the Utu App and/or Utu Website for lawful and legitimate purposes. Users acknowledges that it is forbidden and shall constitute a material breach of these Terms to use the Product and Services:
  1. In any ways that violate any applicable local, national or international law or regulations;
  2. In ways that are illegal or fraudulent, or that have illegal or fraudulent purposes or effects; or
  3. in ways that are intended to damage or attempt to damage utu.
2. Users are required to comply with all utu’s notices, instructions, guidelines and operating rules and policies pertaining to the access and/or use of the Utu App and/or Utu Website which utu shall issue from time to time. User’s may be on the above via the Utu App and/or Utu Website.
3. Users agree and acknowledge not to:
  1. Send, distribute or upload, in any way, data or materials which contain viruses, trojans or other malicious, destructive or corrupting code, agent, program or macros that may impair or damage the operation, or interfere with the operation of the Utu App and/or Utu Website;
  2. Post, promote or transmit through the Utu App and/or Utu Website any unlawful, harassing, libelous, harmful, vulgar, obscene or otherwise objectional material of any kind or nature; and
  3. Use the Utu App and/or Utu Website other than in conformance with the acceptable use policies of any connected computer networks, any applicable internet standards and any other applicable laws, statutes and regulations.
4. Users understand that technical processing and transmission of the Utu App and/or Utu Website may involve transmissions over various networks, and changes to conform and/or adapt to technical requirements of connecting networks or devices.
5. The Users understand that the Utu App and/or Utu Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by utu and/or Third-Party Service Providers. The Users may not attempt to override or circumvent any of the usage rules embedded into the Utu App and/or Utu Website.
6. The Users agree and acknowledge that these Terms and the services provided or made available thereunder do not include the provision of Internet access or other telecommunication services by utu. Any Internet access or telecommunications services (such as mobile data connectivity) required by the Users to access and use the Utu App and/or Utu Website shall be the sole responsibility and shall be separately obtained by the Users, at the User’s own cost, from the appropriate telecommunications or internet access service provider.
DISCLAIMERS
1. The Users agree to use the utu Products and Services at the User’s own risk.
2. utu shall not be liable for any fees or commissions charged by any intermediary bank or other entities in relation to the VAT refunds crediting to the Users personal account or designated credit/debit cards.
3. utu shall not be liable in any way to Users in the event of failure of or damage or destruction to their computer/mobile phone/system, data or record or any part thereof or for any delays, losses, errors, or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
4. utu may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove the Utu App and/or Utu Website (or any part thereof).
5. User agrees that utu has the right to amend, modify and/or supplement these Terms without notice to the User. utu may provide notice to the Users via the Utu App. If the User does not wish or does not agree to such an amendment or modification, supplementation of these Terms or any of the Products and Services offered by utu, the User may terminate the usage of any Products and Services by contacting utu customer service.
6. utu reserves the sole and absolute right to:
  1. Introduce new products and services to the list of Products and Services offered by utu; and
  2. Introduce new or modified application, programs and functions to the Utu App and or Utu Website according to these Terms.
7. utu shall not be held liable in any way for any downtime or disruption in Products and Services or operation of the Utu App and/or Utu Website, including but not limited to system failures, server outages, or any technical malfunctions.
TERMINATION OF USER
1. utu reserves the right to take various actions regarding the User’s access to the Utu App and/or Utu Website, including but not limited to closing, suspending, terminating, invalidating or limited User access. This may also involve refusing any future use of the Utu App and/or Utu Website. Such actions may include deleting the User’s username, password and any associated information, files, and content within the User’s account, either in party or in its entirety. These actions can be taken without prior notice or proving a reason under these circumstances:
  1. The User violates or breaches any of these Terms, utu’s Privacy Policy, any of utu’s company policies or any agreement entered into with utu;
  2. Closure, suspension, termination, invalidation, limitation, and/or refusal is required or requested under applicable law, by any regulatory authority, or by an order of a court with competent jurisdiction;
  3. The User requests for such closure, suspension or termination;
  4. The User is found to have multiple accounts registered under the User’s name;
  5. utu investigations indicate that the User account is not being operated or used in accordance with the Terms;
  6. The User provides untrue, inaccurate, not current, or incomplete information, or utu has reasonable ground to suspect the provided information falls within these categories;
  7. The User engages in or is suspected of engaging in fraudulent or illegal activities;
  8. The Utu App and/or Utu Website (or any part thereof) is discontinued or undergoes significant modifications; or
  9. Unexpected technical or security issues arise.
2. Upon termination of these Terms for any reason, the following shall automatically follow:
  1. All rights and/or licenses granted to the User under these Terms will immediately cease and terminate;
  2. The User must immediately cease the use or access of the Utu App and/or Utu Website in any manner.
USER ACCOUNT CANCELLATION
1. The User may request at any time for the cancellation of his account by sending a written request to utu at the following email address at ututaxfree@utu.global.
2. The request for an account cancellation will result in the termination of any contractual relationship between the User and utu, and the immediate deactivation of the Products and Services available to the User subject to the following Clause 10.4 and 10.5.
3. The User acknowledges that the User will not be entitled or have a right to a refund, whether wholly or pro-rated of the fees and other amounts paid for the Products and Services upon the cancellation of the User’s account.
4. Where a User request for an account cancellation and there are amounts outstanding to utu as a result of the User requesting for such account cancellation prior to the endorsement and submission of the required documents to customs (if any), the User’s preferred payment instrument will be debited with the amount to be paid to utu.
5. Where a User requests for an account cancellation but there are amounts to be paid to the User by utu, the User Account shall remain active until such time that the payment has been made to the User. In the event, utu is unable to make the payment to the User for any reason whatsoever, including but not limited to the User cancelling or restricting access to the preferred payment instrument chosen by the User for the Products and Services of utu, utu shall manage such credit balance in accordance with application law.
6. A User’s account may only be cancelled if there are no outstanding balances or amounts owed to utu or amounts to be paid to the User.
7. After a User’s account closure, utu may delete all data and documents provided by the User for registration. utu will only keep data that it is obliged to keep in compliance with rules, regulations and/or orders of competent authorities or on where required by law or a court of competent jurisdiction.
INDEMNITY
1. The User will defend, indemnify, and hold harmless utu from and against any and all liabilities, claims, charges, costs, losses, damages, demands, judgments, settlements ums, penalties, interest and expenses (including attorneys’ fees) arising out of any Claim:
  1. by reason of the User’s access and/or use of, and/or utu making available to the User, the Utu App and/or Utu Website;
  2. by reason of utu’s enforcement of its rights under these Terms, or acting upon any instruction which the User may give to utu via or in relation to the Utu App and/or Utu Website, or any negligence, fraud, and/or misconduct on the User’s part; and
  3. relating to or arising out of any actual or alleged breach of the User’s representations, warranties, or obligations set forth in these Terms. “Claims” shall mean any claim, action audit, investigation, inquiry or other proceeding instituted by a person.
2. Users hereby indemnify and hold blameless utu, its directors, officers, affiliates, employees and agents from and in respect of any loss, damage, liability, cost or expense that it may suffer or incur by reason of the User acting in breach of any of these Terms or any breach of any applicable law or regulation.
LIMITATION OF LIABILITY
1. utu shall not be liable in any way to the Users whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any direct or indirect economic or financial loss or damage (including loss of revenue or profits) or otherwise for any direct or indirect economic or financial loss or damage (including loss of revenue or profits) howsoever causes or arising , including but not limited to any such loss caused or arising from any breach or failure by utu to perform any of its obligations.
2. Under no circumstances shall utu be liable to User, or any other party, in contract, tort (including negligence) or otherwise howsoever, whatever the cause thereof, for any loss of profit, business, contracts, revenues, or anticipated savings or any special, indirect or consequential damage of any nature whatsoever, including that arising directly or indirectly from or in connection with:
  1. any access, use or misuse of, or reliance on or inability to access or use of;
    1. the Utu App and/or Utu Website (including by reason of (I) utu’s closure, suspension, termination or invalidation of the relevant User’s account, (II) utu’s refusal to permit a User any and all current of future use of the Utu App and/or Utu Website, and (III) utu’s upgrade, modification, alteration, suspension, discontinuation of the provision of or removal of the Utu App and/or Utu Website), or any other website or webpage linked to or provided through the Utu App and/or Utu Website.
  2. any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive, or corrupting code, agent, program or macro, suspension or termination of the Utu App and/or Utu Website;
  3. any loss of data or interruption in use or available of data; and
  4. any products, services, information, data, software or other material advertised on, obtained or downloaded from;
    1. the Utu App and/or Utu Website;
    2. any other website linked to or provided through the Utu App and/or Utu Website; or
    3. any other party referred to by the Utu App and/or Utu Website or through the use of the Utu App and/or Utu Website, as well as by reason of any information received through or advertised on the Utu App and/or Utu Website.
  5. the downloading or installation of, or the inability to download or installation, the Utu App by the User.
  6. The Users use of, inability to use, the Products and Services offered howsoever caused notwithstanding any error or omission.
    
    Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
3. Without limiting the foregoing, under no circumstances shall utu be held liable or responsible in the event of Force Majeure for including but not limited to:
  1. Any delay, failure or performance of the Utu’s App operation, or for any inaccuracy, unreliability or unsuitability of the content on the Utu App or Utu Website, in whole or in part, resulting directly or indirectly from any event, failure, acts of nature, forces, or causes beyond its reasonable control, including network failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or the action or non-performance of third parties; or
4. utu shall not be liable under any circumstances to Users or any third party for loss, damage, claim or compensation (including but not limited to loss of profits or compensatory damages) incurred by Users resulting from the failure or delay of utu to execute any Products and Services in accordance with the instructions from Users.
NO WARRANTIES
1. utu may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove the Utu App and/or Utu Website (or any part thereof).
2. The Utu App and Utu Website are provided on an “as is” and “as available” basis, with no warranties whatsoever. utu and its officers, employees or agents expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including any warranties:
  1. of title, satisfactory quality, freedom from virus or other malicious, destructive or corrupting code, agent, program or macro, merchantability, fitness for a particular purpose and non-infringement of proprietary rights, in conjunction with the Utu App and or Utu Website or any information and material provided therein;
  2. on the accuracy, adequacy, completeness, security, reliability, timeliness and performance of the Utu App and/or Utu Website or any information and materials provided herein;
  3. that the Utu App and/or Utu Website will meet the User requirements, and/or User use of and/or access to the Utu app and/or Utu Website and/or the operation of the Utu App and/or Utu Website will be uninterrupted, secure, or free from errors or omissions, or that any identified defect will be corrected;
  4. for content, Products and Services received through or advertised or featured on the Utu App and/or Utu Website or received from utu as well as any information received through or provided under the Utu App; and/or
  5. of the security of any information transmitted by or to the User using the Utu App and/or Utu Website, and the User accepts the risk that any information transmitted or received using the Utu App and/or Utu Website may be accessed by unauthorized third parties and/or disclosed by utu and its officers, employees or agents to third parties purporting to be the User or purporting to act under authority from the User. Transmissions over the internet and e-mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the internet.
3. The User understands and agrees that in downloading the Utu App, accessing and using the Utu App and/or Utu Website or otherwise obtaining material or data through the Utu App and/or Utu Website, the User is using the Utu App and/or Utu Website at its own discretion and risk and that the User will be solely responsible for any damages to the User’s computer or mobile device including any loss of information or data on the computer or mobile device.
KYC/AML Sanctions
1. utu is bound by and complies with all applicable Know Your Customer (“KYC”), Anti Money Laundering (“AML”) and sanction laws and regulations passes by Singapore, the United Nations Security Council, the European Union, the Office of Financial Sanctions Implementation of His Majesty’s Treasury, and the U.S Department of the Treasury’s Office of Foreign Assets Control.
ILLEGAL/PROHIBITED ACTIVITY
1. The Utu App and/or Utu Website may only be used for lawful purposes and in a lawful manner. Users agree to comply with all applicable laws, statutes and regulations in the access and/or use of the Utu App, Utu Website and the UTU Card.
2. The User may not register under a false name or use an invalid or unauthorized payment card, including credit and debit cards.
3. The User may not:
  1. Impersonate any person, including any other User, or use another User’s username and/or password; or
  2. Falsely state or otherwise misrepresent the User’s affiliation with any person.
4. Such conduct or other breach of these Terms may be a violation of applicable laws, statutes and regulations and utu reserves the right to report any activity it suspects to be in violation of any applicable laws, statues and regulations to the appropriate authorities.
5. utu shall cooperate with appropriate authorities to ensure any violators are prosecuted to the fullest extent possible under applicable laws, statutes and regulations.
6. In order for utu to cooperate with any governmental or appropriate authorities, utu may access and disclose any information it considers necessary or appropriate, including but not limited to, User contact details, IP addressing, traffic information, usage history and posted content.
7. Without prejudice to the above, utu shall have the right to monitor, pre-screen, screen or otherwise control any activity and consent associated with or available through the Utu App and/or Utu Website and investigate as utu deems appropriate. utu may also investigate any reported violation of these Terms, its policies or complaints and take any action that it deems appropriate. Such action may include issuing warnings, suspending or terminating any service and denying access to the User.
8. utu reserves the right in its sole discretion to remove, screen, or edit any content that violates these Terms or is otherwise objectionable.
COMPLAINTS
1. Should there be any queries or concerns about the Utu App, Utu Website, these Terms, any of utu’s company policies or any of the Products and Services offered by utu, the User shall be able to contact customer service at ututaxfree@utu.global or alternatively call customer service at: +44 (800) 041 8174.
2. The complaint must be submitted not later than 14 days after the occurrence of the dissatisfaction. No form of complaint will be accepted after the deadline.
CHANGE OF PERSONAL DETAILS
1. Users are requested to promptly notify the changes of name, address or contact details, such as telephone numbers or email addresses, by updating the details on the App or within 14 days of change of details, to contact utu at ututaxfree@utu.global.
Marketing
1. The User hereby agrees to receive marketing materials, promotional offers, newsletters, and other relevant communications from utu. By providing consent, the User acknowledges and accepts that these communications may be delivered through various channels, including but not limited to electronic-mail, direct mail, Utu App notifications and social media platforms. The User may opt out or unsubscribe from receiving these communications at any time by contacting utu directly.
GENERAL PROVISIONS
1. Entire Agreement
  These Terms and documents referred to herein shall constitute all the terms and conditions agreed upon between the User and utu and shall supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Terms in any written or oral communication from the User to utu is null and void. The User warrants that the User has not accepted the Terms in reliance on any oral or written representations made by utu that are not contained within these Terms.
2. Severance
  The invalidity or unenforceability for any reason of any part of these Terms, shall not prejudice or affect the validity or enforceability of the remainder. If any provision of this Terms is held to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
3. No Waiver
  No failure on the part of utu to exercise, and no delay on utu’s part in exercising, any right or remedy under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any other right or remedy. The rights and remedies provided in respect of utu in these Terms are cumulative and no exclusive of any other rights or remedies (whether provided by law or otherwise).
4. Disputes
  If a dispute arises between User and utu, please contact utu to allow us to learn and address your concerns and/or to provide the User with options to resolving the disputer quickly. Disputes regarding the Utu App and/or Utu Website may be reported at ututaxfree@utu.global.
5. Notices to User
  User agrees that utu shall provide User with communications to the User about User account, the Utu App, Utu Website, these Terms or any other of utu’s policies electronically. utu reserves the right to close the User account if User withdraws consent to receive electronic communications. Any electronic communications will be considered to be received by the User after twenty-four (24) hours from the time utu post it to the Utu App and/or Utu Website or electronic mail it to the User at the email address provided by the User during registration.
6. Governing Law
  These Terms shall be governed by and construed in accordance with the laws of Singapore. The User agrees to submit all of their disputes arising out of or in connection with this Terms to the exclusive jurisdiction of the courts of Singapore.
7. Third Party Rights
  Any person who is not a party to these Terms shall have no rights whatsoever to enforce these Terms, For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
8. Variation
  utu reserves the right to revise, supplement, or update these Terms from time to time by posting the revised version on the Utu App and/or Utu Website or such other method of notification as may be prescribed by utu from time to time, which User agrees shall be sufficient notice for the purpose of this Clause 19.8. Such revised version of these Terms shall automatically be effective upon its posting on the Utu App and/or Utu Website or utu may notify the Users about any significant changes to these Terms by sending a notice to the email address provided by the Users during the registration process. The User’s use and/or access shall constitute an affirmative acknowledgement by the User of these Terms (including any amendment thereof). If User does not agree to be bound by the amendments, User shall immediately cease all access and/or use of the Utu App and/or Utu Website.
9. Language
  These Terms may be translated into a different language for references. If these Terms are translated into a language other than English, the English text shall prevail.
10. Assignment
  utu may assign its rights under these Terms to any third party.
11. Sub-Contracting and Delegation
  utu reserves the right to delegate or sub-contract the performance of any of its functions in connection with the Utu App and/or Utu Website and reserves the right to use any service providers, subcontractors and/or agents on such terms as it deems appropriate.
12. Binding and Conclusive
  User acknowledges and agrees that utu’s records and any records of communication, transaction, instructions or operations (a) made or performed ,processed or effected through the Utu App and/or Utu Website by the User or any person purporting to be the User, acting on behalf or purportedly acting on behalf of the User, with or without the consent of the User, (b) relating to the operation of the Utu App and/or Utu Website, and (c) maintained by utu or by any relevant person authorised by utu relating to or connected with the Utu App and/or Utu Website, shall be binding on the User for all purposes whatsoever and shall be conclusive evidence of such communications, transaction, instructions or operations. The User further agrees that all such records are admissible in evidence and that the User shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electric form or are the output of a computer system and the User hereby waives any right to so object, if any.
MISCELLANEOUS PROVISIONS
1. 1. Utu Website and Utu App
    The website www.utu.global and the related domain name is owned by utu. All content on the website, the Products and Services and the Utu App is owned by utu.
  2. Industrial and Intellectual Property Rights
    1. utu declares to be the owner and licensee of all industrial and intellectual property rights related to the materials and contents available on the Utu Website and on the Utu App.
    2. All copyright and other intellectual property and proprietary rights in and to the Utu App and/or the Utu Website are owned, licensed and controlled by utu or the applicable third-party service providers. No part or parts of the Utu App and Utu Website may be copied, reproduced, distributed, modified, reused, re-posted, used, reverse engineered, decompiled, disassembled, separated, altered, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without utu’s prior written permission or that of the relevant copyright owners.
    3. Subject to Clause 20.2 (d) below, Users shall only be granted permission to download, print and/or use the Utu App and/or Utu Website for personal and non-commercial uses, provided that the User does not breach any condition listed under Clause 20.2(b).
    4. All trademarks, service marks, names and logos used in the Utu App and/or Utu Website are owned by, have been licensed to utu and are used as permitted by applicable laws. Nothing on the Utu App, Utu Website or these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to download, reproduce, display or use (including meta tags or links to any other website) any such trademarks, service marks, names and logos, without the written permission of utu.
  3. Mobile Application License
    1. The Utu App is proprietary to utu and must not be used other than strictly in accordance with these Terms. utu grants the User a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Utu App downloaded directly from the official channels approved by utu from time to time (such as the Apple App Store and the Google Play Store), on a single personal tablet or mobile device, solely in object code format and solely for the User’s personal use for lawful purposes, in the manner permitted by and subject always to these Terms. utu reserves all rights not granted hereunder.
    2. Users agree not to:
      1. Reproduce, copy, translate, publish, display, communicate, transmit, broadcast, distribute, sell, resell, assign, license, rent, lease, lend, export, offer on a “pay-per-use” basis, trade, exploit or use the Utu App or any part thereof in any form, by any means, for any commercial or other purposes;
      2. Adapt, modify, decompile, disassemble, localise, port or reverse engineer the Utu App or any part thereof;
      3. Remove, obscure or destroy any copyright, trade secret, proprietary or confidential legends or marking of utu placed upon or contained on the Utu App or any part thereof;
      4. Prepare or develop derivative works based on or similar to the Utu App, or any party thereof; or
      5. Remove, extract, download or copy any software, firmware, program and/or any code of any which have been embedded and/or incorporated into the Utu App, hardware, devices and/or equipment comprised in tablet or mobile device.
  4. Open-Source Licences
    With respect to any open source or third party software or code that may be incorporated in the Utu App, such open source or third party software or code is covered by the applicable open source or third party license, if any, authorising and/or controlling User’s use of such software or code. User agrees to use the Utu App in accordance with the applicable open source or third party license, each of which shall constitute a licence solely between the User and the applicable licensor.
  5. Mobile Data
    The User acknowledges and agrees that the use of any mobile services such as data when using the Utu App may entail additional charges with the User’s respective mobile service providers and the User shall be responsible for such charges (where applicable).
    Notwithstanding Clause 9 (Termination of User), any breach of Clause 20.1 to 20.5 of these Terms, shall result in immediate and automatic termination of all rights and licences granted hereunder. The use restrictions set out in these Terms, shall survive termination.

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