Each party represents that it has validly entered into the Agreement and has the legal power to do so, and represents and warrants to the other that (a) the Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such Party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such Party’s execution, delivery, or performance of the Agreement; and (c) the execution, delivery, and performance of the Agreement does not and will not violate the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound, or any applicable law or regulation.
In the event of any conflict between the Agreement and any Addendum thereto, the provisions of the Agreement take precedence.
Parties to the Agreement are bound by the following provisions.
“Account” means an account created by the User while accessing a Service delivered by the Company.
“Service” means the service and product supplied by the Company to the User under the Agreement available via https://app.gougou.cash/.
“User” means any user, person, or entity who creates an account and uses Service supplied by the Company under the Agreement.
“Website” means a page available via https://gougou.cash/ delivered by the Company.
“Sub-processor” means entities in which software, goods, or services are used by the Company in order to run a business, in particular, to provide Services.
“Third Party Service Provider” means any third party that collects, processes, and/or uses data including personal information under the instruction of the Company.
2. General Statement
- User’s access to the Internet is not the subject of the Agreement. The User bears sole responsibility for the functionality of its Internet access, including the transmission paths and its own hardware.
- The Terms are accepted as soon as one of the following occurs first:
- the person has received the confirmation of the creation of the Account and necessary credentials from the Company in order to log in to his/her/its Account;
- the person actively uses the Website by viewing, browsing, or interacting in any other way with the Website.
- The company reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Agreement at any time by posting such changes on this page. Please check this Agreement periodically for changes. Your continued use of the Service or Website Services after such changes have been posted as provided above constitutes your binding acceptance of such changes.
3. Description of Service provided by the Company
The core functionality of the Service constitutes an expense manager, where the User shall be able to add his/her/its expense categories (in line with predefined categories or further modified categories entered by the User) and then enter said expenses with information about the amount of money, the purpose of such cost as well as the time when it was spent. Furthermore, it will be possible to make a note of each expense for the User.
Warranty Disclaimer: The Service, Websites and all information, content, materials, products (including any software), website addresses, and layouts and services included on or otherwise made available to the User through the aforementioned websites are provided on a “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law, and the Company, to the maximum extent permitted by applicable law, expressly disclaims any and all warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. The User acknowledges that the Company does not warrant that the Service will be uninterrupted, timely, secure, error-free, or free from viruses or other malicious software, and no information or advice obtained by you from us or through the Service shall create any warranty not expressly stated in the Agreement.
4. Acceptable Use Policy
- The Service shall be used only for the purpose as defined by p. 3 of this Agreement.
- The User declares that they will not use the Service in a way that may constitute a violation of laws.
- The User is assigned a particular password and login (or other credentials) which must not be used by third parties without the User’s explicit consent. The User is solely responsible for the proper protection and storage of their password and login (credentials).
- The User must be at least 16 years of age to be able to register and to access his/her/its Account. The company does not knowingly provide Services to any person under the age of 16.
- The User is fully responsible for all data entered into the Service. The Company bears no responsibility for the quality, correctness, and lawfulness of such data. The User is obliged not to enter into the system any data that violates third-party rights.
- The User shall take no action that may result in:
- Hinder the functioning of Service, especially in the form of reverse engineering or hacking the Services, attempting to gain unauthorized access to the Services (or any portion thereof), or related systems, networks, or data;
- Use the Services in a way contradictory to the Agreement of that violates the rights of other persons or entities;
- Sublicense, license, sell, lease, rent, or otherwise make available the Services or provide access to any third party;
- Use the Service in any manner that is contrary to applicable law, including, without limitation, the unlawful usage of data, and transmitting information or data that is unlawful or infringes any copyright, patent, trademark, trade secret, or other intellectual property rights of others.
5. Data processing
- In order to fulfill the contractual obligations of the Services, there will be the processing of personal data for the User. The Company is dedicated to providing data protection and promoting compliance with rules set forth by, among others, the European Union.
- The User acknowledges and agrees that in providing the Services, the Company will engage Sub-Processors to Process the Personal Data, including, and without limitation, any Personal Data within Service Data pursuant to the Agreement within the European Economic Area, the United States, and in other countries and territories.
- The Company will never sell, rent, or lease Users’ service data to any third party. We will not share Users’ service data with third parties, except as permitted by the Agreement and in order to provide, secure, and support the Service.
- The Company does not guarantee compatibility of offered Service with the software of other providers. The User shall bear full responsibility for the choice and consequences following the use of other software in combination with the Service.
- These Terms of Service are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, trade usage, cause of dealing, or otherwise, all of which are hereby excluded to the fullest point of law.
- In no event and under no circumstances the Company, its directors, members, employees, or agents shall be liable to You for any direct, special, indirect, or consequential loss or damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence).
- The User expressly understands and agrees that the Company shall not be liable to the User for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from (a) the use or the inability to use the Service; (b) statements or conduct of any third party on or in the Service; or (c) any other matter relating to the Service.
7. Final Statement
- If any term or provision of the Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
- Governing Law. The Agreement shall be governed by the laws of Taiwan (R.O.C.).
- All disputes arising out of the Agreement shall be primarily resolved amicably. The Company is open to setting up a mediation in case of any conflict. Prior to initiating any legal action arising out of the Agreement, a Party shall provide the other party written notice of a dispute and the Parties shall actively and in good faith negotiate with an aim to a speedy resolution of such dispute within thirty (30) days of the receipt of such notice.