PLEASE READ CAREFULLY THE TERMS AND CONDITIONS BEFORE USING THE SERVICES OFFERED BY RELIGION LTD.
THE TERMS AND CONDITIONS DEFINE THE CONDITIONS AND LEGAL OBLIGATIONS RELATED TO USING THE WEBSITE LOCATED AT THE ADDRESS WWW.GETPRAY.COM AND THE MOBILE APPLICATIONS AVAILABLE ON THE APP STORE AND GOOGLE PLAY PLATFORMS.
1. Legal notice
Pray is a social utility dedicated to faith, accessible from its website located at www.getpray.com as well as from its mobile applications available on the App Store and Google Play platforms, respectively published by Apple Inc and Google Inc.
The social utility « Pray » is maintained and published by Religion America Inc, which is incorporated in Delaware and located 136 Madison Avenue, New York City NY 10016 (« Pray »).
2. Validation & acceptation
The following Terms and Conditions (« T&Cs ») are set to define the conditions under which Pray offers its users (« you » or the « user ») access to a social utility based on their faith, and accessible from www.getpray.com (the « site ») and its mobile applications available on the App Store and Google Play (the « application »).
The T&Cs define the legal boundaries under which the Site and Application’s features (« services ») can be used by You, as well as the relationships you might develop with other Users. They apply under the rights that Users have, but also under the induced duties, independently of what is hereby intended.
Prior to registering on the Site, You expressly declare having been made aware of the T&Cs, and all the different documents they point to, and to have accepted them without any restriction nor reserve, as soon as You have clicked on the checkbox « I have read and I agree to the Terms & Conditions » or registered through the Application.
By registering and/or indicating your acceptance of these terms, You affirm that you have the legal capacity to conclude such a convention or that you have the authorization of the authorized person.
You declare and affirm, in consequence, having read the T&Cs.
Hence, by using the Site’s Services, You recognize having been made aware of the T&Cs and having accepted them without restriction nor reserve.
You have the ability to save or print the T&Cs, if needed, as long as you do not modify or alter them.
The online version of the T&Cs available on the Site will prevail on any of its prior version.
In the T&Cs, it is agreed that the following expressions or words, whether they are employed in a singular or plural form, will have the following meaning:
Approved Organization: any Organization described as « Place of worship », « Media », « School », or « NGO » having gone through the Validation process imposed by Pray under the conditions set under the article 10 of the T&Cs.
Calendar: Module enabling the User to consult its own religious calendar or the one of other faiths that are accounted for on the Site and/or the Application.
Cause: theme, motive or reason for which the User wishes to « Pray for » via the « Pray » module.
Community: Module allowing the User to view the members of its own community, made of « Friends », « Followers » and « Following ».
Content and/or Posts: all the Posts – such as text, images, videos or others – You publish on the Site and/or the Application, under the conditions set under article 8 of the T&Cs, including the Content made available under the Library module.
Credit: monetary unit used for every payment or financial transaction made on the Site and/or Application, of a 1 US Dollar value (US $).
Donation Request: operation to call for a donation published on the Site and/or the Application in profit of an Approved Organization, made available to the Users.
Donation: unilateral online operation of transferring a Credit to an Approved Organization, under the conditions set under article 13 of the T&Cs.
Donor: User having made a Donation on the Site or the Application, under the conditions set under article 11 of the T&Cs.
Follower(s): User who subscribes to the posts of a Page dedicated to an Organization or to the Profile of any other User.
Good Deeds: Module enabling the User to « Pray » and to make Donations to certain Organizations approved by Pray under the conditions defined under article 10 of the T&Cs.
Intellectual property rights: all the literary and artistic property rights (copyright and similar), industrial property rights (trademark, drawing and patent) defined by the international treaties and intellectual property rights.
Library: Module enabling the User to sell and buy religious content (songs, prayers, books, etc.) under the conditions defined under article 13 of the T&Cs.
Login details: all the information related to each User, composed of an username (email address) and a secure password chosen by the User in order to access its User Account.
Messages: Module enabling the User to discuss with other Users he has befriended on the Site and/or the Application.
Module: digital interface related to a specific feature of the Site and/or the Application.
Organization: any natural or legal person which activity and/or main function comes under those defined and listed in article 9 of the T&Cs (Place of worship, Media, School, NGO, etc.).
Page or dedicated Page: dedicated space on which an Organization can publish Posts on the Site and/or the Application, and by which this Organization can release information to its « Followers ».
Pray: Module enabling the User to « Pray » digitally through the Site and/or the Application, by posting prayers dedicated to causes and/or Approved Organizations authorized by Pray or its Users.
Profile: Module enabling the User to display certain personal information such as its faith, its Place of worship and various activities on the Site and/or the Application, based on its privacy and sharing settings.
Say: Module enabling the User to publish Posts on the Site and/or the Application under the conditions defined under article 8 of the T&Cs.
Site and/or Application: all the elements that coupled together give form to the Internet Site accessible from the address www.getpray.com and/or the Application available on Google Play and App Store platforms, in addition to all the related Content – including the graphics, frames, banners, animations and videos, source code and programming in every language.
User: any natural person using the Services through the Site or the Application after having registered under the conditions defined under article 7 of the T&Cs.
User Account: section of the Site and/or Application that only You can access under the conditions set under article 7 of the T&Cs, allowing You to access to your personal data.
Validation or Validation process: process upon which Pray verifies the identity of an Organization in order to enable it to receive donations, described under article 10.
4. Service Description
4.1 Global information
Pray is a specialized social utility that enables members of a religious community to exchange, communicate and share content related to faith, in addition to practicing and the exercising the rites of their religion, within their own community as well as in relation to other religious communities.
To do so, Users must provide the two following mandatory details:
the religion to which You belong,
the Place of worship you visit the most.
Pray enables Users to become a part of the Pray community and to exchange certain information, regarding for example their own religious activities or the ones of other Users they have decided to follow. They can then share with them their faith and their religious life.
4.2. Main features
Pray is a communitarian social utility that enables the 4 following main features:
an interaction between the different communities present on Pray, notably via the « Community » and « Messages » modules,
access to a database of religious information hosted by Pray, including notably the access to a Library and a religious Calendar accessible online respectively from the « Library » and « Calendar » modules,
the ability to donate money online to certain Organizations – approved by Pray – through the « Good Deeds » module,
the ability to post « Virtual Prayers » via the Publisher or the « Good Deeds » module. These Prayers can be targeted to defined Organizations or Causes referenced by You or Pray.
Pray’s mission is to make available for you a technical tool that enables You to create, edit, store, follow, localize, meet, discuss and publish via the Site and Application, every type of Content, and to share these between You based on Sharing Criteria that You are empowered to define.
The T&Cs are applicable during the entire length of your visit and navigation through the Site, and during every access to its Services.
We inform You that the T&Cs might be updated anytime, as defined under article 24.
6. Technical intermediary/Host
Pray is a technical intermediary.
Pray enables the hosting and technical broadcasting of Content priorly published on the Site it hosts, and only intervenes with this function between others Users and You.
You are informed that Pray isn’t a Content provider in any way, and it can not control the veracity, precision and pertinency of what is published on the Site or Application.
Pray only aims to enable You to Publish and get access to Content, and compiles in order to form a place of exchange for its Users – via the Site and Application.
Pray does not intervene in the edition of Content. As a consequence, Pray doesn’t exercise control over the quality, readability or security of Content published on its Site or Application.
Pray does not have the technical means of verifying the veracity of Content published on the Site or Application by its Users.
7. Subscription and registration
7.1. Access to the Site doesn’t require being registered but access to the Services requires the creation of an Account.
7.2. In order to get access to the Services, You must create an Account:
Either by providing your email address on the Site and/or the Application, and by then choosing your password,
Or by using the Facebook Connect or Twitter Connect Modules to log into the Site.
Access to the Site and/or the Application through Facebook Connect or Twitter Connect requires agreeing to their own respective T&Cs. The User’s log in details will then be transmitted to Pray in order to precisely inform of the identity of every Account owner.
7.3. The username and password chosen define the « Login details ».
You must also provide the following information, with no exception:
name and first name
date of birth
place of residence
the place of worship you visit the most.
We inform you of the necessity of providing us with a valid email address, to which we will send an email enabling you to confirm the creation of your Account.
You acknowledge your full responsibility in the usage of the Site and/or Application that will be made using your Login details.
You commit to refrain from choosing a username that infringes on a third party’s rights, and You also commit not to choose a username that infringes on any intellectual property right, any trademark, or company name, without this list being complete.
You commit to perform all the acts inside the space given to You using your own Login details, and your acknowledge that all the acts performed using these Login details will be considered having been completed by You.
In case you forget your Login details or identify the illegal or unauthorized use of them by another User, Pray shall not be liable and you commit to immediately inform Pray of this situation by email at: firstname.lastname@example.org.
According to article 20 of the T&Cs, You have a right to access, modify, rectify and delete all data about yourself.
7.4. Subscription and registration to Pray, under the conditions of this article, grants You access to your own Profile that you can customized based on your wishes. This Profile can be viewed by other Users based on your own sharing and privacy settings.
8. Content and Means of Posting
After the creation of an User Account under the conditions set under article 7, You will have the ability to post Content via the Site and/or the Application.
You acknowledge that Content is posted right after you digitally validate it by clicking on any mechanism that serves to publish it, without Pray exercising any control or prior validation on the Content you post on the Site and/or Application.
After you validate your own Content, it will be automatically published through the « Say » Module, without Pray having to exercise any control or validation/moderation prior to their publication.
In this regard, the User is the only party responsible for the veracity of the Content he posts and has validated prior to its publication by Pray on the Site and/or the Application.
You commit to refrain from posting as your Content the following type of information: malicious, derogatory, deliberately misleading, illicit and/or contrary to morality and respect for private life or freedom of religion, under the conditions set by articles 14, 15 and 16 of the T&Cs.
9. Process of creating a Page dedicated to an Organization
Pray enables its Users to create a Page dedicated to the Organization of their own choice.
The User can choose between the 5 following categories of Organizations:
Place of worship (temple, church, mosque, synagogue, etc.)
Media (Newspaper, TV, radio, movies, etc.)
Others (celebrities, hobbies, causes, etc.)
Only Pages belonging to the « Others » category can be published freely. Pages belonging to any of the other categories (Place of worship, Media, School and NGO) must, prior to their publication, be validated by Pray, after a thorough verification process of their creator’s identity.
In that capacity, Pray reserves the right to require from you certain information and/or personal documents that prove your identity.
As soon as the Organization will be validated by Pray, it will be listed on the Site and/or the Application, and it will become possible to digitally « Pray » for this Organization through the « Pray » module.
10. Verification process for Approved Organizations
In order to be eligible to receive donations, the person who has created a Page dedicated to an Organization must respect the Verification Process undertaken by Pray, as described under this article.
It is strictly announced that only Organizations – legal persons belonging to the « Place of worship », « Media », « School » and « NGO » categories – are eligible to the donation feature.
The Verification process is a set of manual audits undertaken by Pray. The User who wishes to see its Organization verified as an Approved Organization commits to provide Pray with the following information and/or documents:
The Organization’s articles of incorporation
The Organization’s banking details
The identity of the Organization’s manager and its proof of identity
Upon the reception of all these documents and/or information, Pray will analyze them and decide to grant or not the Approved Organization status.
It is only after the obtention of this Verification that the Organization will become eligible to receive donations through Pray, and only under the conditions set under article 13.
11. Creation Process of a call for Donations
The User acknowledges that only Approved Organizations are eligible to call for Donations.
In order to do so, the Approved Organization’s manager will have to submit a call for Donation request by email to Pray, that will include the following information:
Nature of the call for Donations
Use and appropriation of the Donations
Duration of the call for Donations
In order to validate the call for Donations, Pray will submit a dedicated contract to the Approved Organization’s manager, which legal and financial terms will be established on a case by case basis between Pray and the former.
The Approved Organization commits to bear all the technical, financial and banking costs generated by Pray during the creation, publication and finalization of a call for Donations on the Site and/or the application (« Technical Costs »).
Every period of 30 days, Pray will issue to each of the Approved Organizations taking part into one or multiple calls for Donations, a summary table of all the Donations it is the beneficiary of. Later on, Pray will transfer to the beneficiary Approved Organization by PayPal or wire transfer the integrality of the sums having been donated to it, minus the related Technical Costs.
Furthermore, the Approved Organization’s manager commits to sending a donation receipt to every User that would ask for it, upon first request. In this right, it is made clear that the donation receipt is made available to the User only after the amount of money corresponding to the donated Credits has been transferred to the Approved Organization by Pray.
12. Credit purchase Process
You can proceed to the purchase of Credits directly on the Site and/or the Application, in order to be able to:
make Donations via the « Good Deeds » and « Pray » Modules,
purchase Content from the Library Module.
You acknowledge having been informed that the value of one Credit corresponds to one US dollar (1 Credit = 1 US $).
The payment for a purchase of Credits is done online and must happen at the time of the order, following the instructions given at that time during the validation process of the Credit purchase.
Payment will be made using electronic payments provider PayPal.
Pray uses the secure payment utility PayPal, offered by PayPal Inc., and guarantees that it is never given access to the confidential information relative to the payment mean used by You during the payment of your order.
In order to process to the due payment, You will be invited to provide your credit card number, its expiry date and, if required, its security code.
In order to optimize the security and authentication of the electronic payment you will be making, Pray has enabled « SSL » secured connection for each payment made through the Site and/or the Application.
You are invited to follow the authentication process put in place to this end. Failing that, the payment will be cancelled and You will not be able to receive the ordered Credits.
You will be asked your card details every time you make a purchase, due to the fact that only PayPal is granted access to your confidential information.
In this effect, you acknowledge that you have all the authorizations eventually needed to use the payments mean chosen during the order validation, and that this credit card gives access to sufficient funds to cover all the costs arising from the payment made on the Site and/or the Application
In the event of the bank’s refusal, the order will automatically be cancelled and You will be made aware by a notification or an email.
The data stored by Pray will serve as a proof of the integrality of the transactions made between You and Pray.
Pray informs the User that bank charges could possibly be billed by its bank for each transaction.
13. Process for making a Donation
In order to make a Donation to an Approved Organization in the context of a call for Donation, You must have priorly purchased from Pray the number of Credits corresponding to the amount you wish to donate, in accordance with the conditions set under article 12 of the T&Cs.
After validation of your Credits purchase, You will have the ability to participate in the given call for Donations, and to proceed to the Donation to the Approved Organization of your choice via the « Good Deeds » or « Pray » modules of the Site and/or the Application. You will also be entitled to follow in real-time the evolution of the given call for Donation.
In the 30 days following the end of the call for Donation, You will be entitled to submit a request to the Approved Organization, asking for a donation receipt.
14. Process for selling Content from the « Library » Module
Any User wishing to sell downloadable Content through the Library market place (the « Seller ») should get in touch with Pray’s Library Department, reachable at the email address email@example.com.
The User acknowledges that he owns every intellectual property rights (copyright and rights related to it) and disposes of all the necessary authorizations to commercialize Content on Pray.
Content’s conditions of sale through the Library will be fixed on a case to case basis between Pray and the Seller (pricing, fee, duration, technical conditions, guarantees, etc.).
15. Your general behavior
When signing up for Pray and acknowledging the T&Cs, and as long as you keep using the Services put to your disposal, You commit not to transmit:
incorrect or false information leading to your registration,
any personal information (name, phone number, email, etc.),
any denigrating, defamatory or insulting information targeted towards a religious affiliation, an opinion, a faith, etc.
In case of an infringement or an infraction to these rules resulting of the transmission of this information, Pray retains the right to cancel your access to your User Account and to the Services.
You must be 18 years or older, or you must have the prior and due authorization of a parent or legal guardian, in order to use the Site and/or the Application. Pray retains the right to end your access to the Services without prior notice if it is under the impression that this rule isn’t respected.
You must make sure that every information transmitted later on remains correct and You commit not to create or use on the Site and/or the Application, except if duly authorized, other accounts than your own, under your own identity and/or the one of a third-party. You must recall that any usurpation of identity is punishable by prosecutions and criminal sanctions, and that any infringement to this commitment will be followed by the immediate cancellation of your User Accounts without prior notice.
You also commit to inform Pray’s Fraud Department in the event where you would be aware of the usurpation of your Login Details by a third-party having access your User Account, as described under article 7 of the T&Cs. You will submit this information by email at firstname.lastname@example.org.
16. Privacy notice – Freedom of religion – Caveat
16.1 You commit, by acknowledgement of the T&Cs, to respect the privacy of the people who are subject to the Content you create or access while using the Site and/or the Application.
This commitment guarantees the respect of their privacy to everyone, crucial condition to the acknowledgement of the T&Cs.
Furthermore, you commit, by acknowledgement of the T&Cs, to respect everyone’s freedom of religion.
Every noted failure to respect this article will be followed by the immediate cancellation of your User Account, without prior notice.
In accordance to the previous mentions, You commit not to post through the Say Module or through any of Pray’s other Modules, Content that could be in violation with the privacy of any person or of its freedom of religion.
16.2 You are formally invited to use the « Report abuse » feature in order to inform Pray of any publication that infringes on the T&Cs, or of any usurpation of identity You are a victim or a witness of. In this right, You acknowledge having been formally informed that you are subject to a suspension of your User Account in case Your Profile or any Content you have posted is reported twice in a period of 24 hours.
17. Your property rights
17.1. You remain the only owner of the rights related to the Content you Post throughout the Site and/or the Application. Having posted Content through the Say Module of the Site and/or the Application automatically grants Pray a non-exclusive license to use, represent, reproduce and communicate to the public on and/or from the Site and the Application from any known or future communications network (Internet, 2G, 3G, 4G, TV, etc.). It also grants Pray the right to distribute and even modify the Content in order, for the former case, to respond to the technical constraints and necessities related to the Services of Pray, notably when it has to undertake digital compressions of this date or to put into the shape the Content. This license is limited only to the necessary uses related to the Services of Pray, as long as this Content is available, and only upon your own will for any use outside of the Site and/or the Application, depending on your prior and written consent.
17.2. You affirm and guarantee that:
You are the only owner of the Content (and notable of the Content available from the Library Module) that you post on the Site and/or the Application, You are empowered to proceed to their Publication, and have standing for granting the license to Pray, in accordance with article 16.1.
your Posts do not violate any protected rights, whether they are people’s or intellectual property rights (copyright, related rights, trademarks, patents, etc.),
You will not post information that could:
cause the harassment of third-parties or call for them to engage into any form of harassment
incite to hatred, discrimination, racism, fanaticism and physical violence towards individuals or groups of individuals,
solicit personal information from minors,
provide phone or fax numbers, street names, names, postal or electronic addresses,
represent or encourage illegal activities or defamatory, injurious, obscene, threatening or slanderous behaviors, as well as false or misleading information,
offer illegal or unauthorized copies of Content protected by copyright, patent or trademark laws,
cause, provoke or encourage the transmission of emails, chains of emails, massive spam, instant messages, or unwanted advertising messages and mail,
foster or encourage any criminal enterprise or activity, or any action giving indications or instructions on how to encourage illegal activities, invasion of privacy or the creation and diffusion of computer viruses,
solicit passwords or personal information from other Users with the aim of illegal commercial purposes,
involve commercial purposes and/or events such as contests, sweepstakes, exchanges, advertisements or pyramidal schemes without the prior written consent of Pray,
distribute, reproduce, post or modify in any way elements protected by copyright, trademarks or any property rights belonging to third-parties without their prior consent.
In the context of the license described under article 17.1, Pray will have the ability, in order to promote the use of the Your published Content, to use freely all or part of your Content, to represent, broadcast or reproduce it.
18. Social sharing and Links
Pray offers You the ability to share Content from your Pray User Account to your Facebook and Twitter accounts.
Pray has developed tools that enable You to share with your friends every piece of Content you want, through different social networks or blogs published by third-parties.
However, Pray only grants you the right to resort to this type of communication and sharing for promotion ends, excluding any commercial purposes or use unrelated to the promotion of Pray.
The use of hyperlinks pointing towards the Site and/or the Application is authorized by Pray in the context of its promotion only, and under the crucial condition that the integrity of the Site and/or Application is preserved, and that there should be no risk of confusion between the Site and/or the Application and the websites published by third-parties.
In this regard, Pray formally forbids you from using techniques such as « framing », « inline linking » and « deep-linking » that would reproduce without authorization the Site and/or the Application’s content, or its integration on websites published by third-parties.
19. Intellectual property
19.1. Pray is the exclusive owner of the Site and/or the Application’s intellectual rights, notably every text, comments, publications, illustrations, videos or images, whether they be visual or sound, reproduced on the Site and/or the Application, in addition to all the databases it produces, with for only exception the Content that You post and that You own entirely.
Every of these intellectual creations are protected by copyright, trademark and patent laws, sui generis right for databases, and image rights, for the whole world.
The « Pray » trademark is pending registration.
These creations are the full and entire property of Pray.
However, Pray grants you a license enabling You to reproduce and display the Site and/or the Application, only and strictly for your own personal use, in the context of viewing the Site and/or the Application and to use the related Services.
This license however excludes the right for You to modify, copy, translate, broadcast, publish, transmit, distribute, produce, display or cede these rights over the Site and/or the Application.
On this basis and in accordance with the provisions of the Intellectual Property Code, only the private use subject to different or more restrictive rules of this code, is authorized.
Any other type of use essentially constitutes counterfeiting and is punished by the Intellectual Property Code, except in the case of a prior authorization by Pray.
As a reminder, the action of affixing a hypertext link towards the Site and/or the Application, by using the « framing » or « deep-linking » techniques, is strictly forbidden as indicated under article 18 of the T&Cs.
Any form of partial or total duplication, stealing or reproduction of the database produced and maintained by Pray on the Site and/or Application is expressly forbidden without its prior written consent.
19.2. Pray uses API Modules developed by third-party companies, which use is directed by licenses.
These API Modules are principally issued by Google, Twitter, LinkedIn and Facebook.
20. Correspondence between the parties
Unless specially provided under the T&Cs, all correspondence exchanged between You and Pray will be performed by email through the Site at the address email@example.com.
The Parties declare that the information delivered by email shall be authentic between both Parties, as long as no other written document contradictorily authenticated and signed, bringing into question this digital information, is produced.
The elements such as the time of transmission or receipt, in addition to the type of data received will make good the way they figure on Pray‘s technical systems, or as authenticated by Pray’s digital processes, unless You bring the written proof of the contrary.
21. Data Protection Act – Personal data
Connection date records or the ones relative to your navigation through the Site and/or the Application are collected in an automated manner, and only address the location of the connections, the IP address, the browser version and the pages of the Site and/or the Application that have been visited.
Pray retains the right to address You commercial offers regarding products or services that might interest You, notably via its newsletter and or any other form of electronic communication.
At any time, You will have the possibility to send an email to Pray in order to request that it ceases the communication of your Personal data to third-parties.
We inform You that You retain a right to access, rectify, modify and delete all your Personal data.
At any time when receiving these commercial offers, You will have the ability to request that we cease sending you such offers, by clicking on the message that will present this offer or by contacting our Customer service at firstname.lastname@example.org.
22.1. Pray hosts on the Site and/or the Application all the Content that You post. Pray only acts as a technical intermediary.
As a consequence, Pray can not be held responsible for any Content that You post and that would violate the articles 15, 16 and 17 of the T&Cs, all related to the protection of Privacy and Freedom of religion.
Furthermore, Pray shall not be liable for Content included in API Modules such as Twitter, Facebook or LinkedIn Posts.
If You post Content that violates the T&Cs, You will be fully liable for these violations and it will results in your full exclusion from Pray.
Pray’s liability towards third-parties shall only be engaged after the prior notification by an User of the illicit character of some Content published on the Site and/or the Application.
This will lead Pray, upon notification of Content prohibited under article 9 and 12 of the T&Cs that adversly affect people’s or intellectual property rights, to proceed to the removal of such Content, on its sole initiative.
22.2. Pray may only be liable towards You in case it doesn’t execute the commitments taken in the T&Cs.
You are formally informed of the simple intermediary role that Pray has in putting through Users with each other. Pray shall only be liable of posted Content when it violates laws and regulations in force.
22.3. Pray shall not be liable for the loss of data inputted if the Spaces that are reserved for You, notably those linked to Content published through the Site and/or the Application.
These limits of Pray’s liability are due to the communal and participative aspects of the Site and/or the Application. You fully acknowledge having been made aware of the provisions of this article, and notably of the guarantees and liabilities induces, essential conditions without which Pray would have never established a contract.
Likewise, Pray is not liable for the links present on its Site and/or its Application that point towards websites that do not belong and aren’t controlled by Pray, and as long as it exercises no control over the Content, the Privacy policies and the practices of third-party websites.
Pray is not liable for the availability of these websites and doesn’t have any control over their Content, nor can it validate the advertisements, products and other information published by these websites.
23. Force majeure
23.1. Any event over which Pray’s doesn’t have control and which it couldn’t reasonably foresee constitutes a case of force majeure and suspends in this right the duties of the parties, for example and with this list not being limitative: strikes, technical breakdowns (electricity, telecommunication operations, Internet service or host providers, registrars, app stores, etc.), electricity provision failure, breakdown of Pray’s telecommunication network and/or the networks that could substitute to it.
23.2. Pray will not be liable, nor be considered as having failed to its duties listed under the T&Cs, for any failure to perform linked to a case of force majeure defined as such in the Hong Kong laws, and under the condition that it notifies the other party, and that it performs its best to minimize the prejudice occurred, and to resume its duties as fast as possible after the end of the force majeure case.
Pray will not be liable, nor be considered as having failed to its duties listed under the T&Cs, for any failure to perform linked to a case of force majeure defined as such in the Hong Kong laws, and under the condition that it notifies the other party, and that it performs its best to minimize the prejudice occurred, and to resume its duties as fast as possible after the end of the force majeure case.
23.3. In the event of such an episode, the Contract is suspended during a period or thirty (30) days starting from the occurrence of the case of force majeure. During this period, Pray commits to find an alternative solution. If after fifteen (15) days of conversations between You and Pray, no solution has been found, the actual T&Cs would be terminated in full right, without any compensation.
24. Technical provisions
The Site and the Application are offered as such and according to availability.
Pray does not guarantee an error free provision, without any periodic and secure interruption of the Services offered through the Site and/or the Application.
Pray isn’t bound by any obligation to give personal assistance, including technical one.
It declines any expressed or implicit guarantee, notably regarding the quality and the compatibility of the Site and/or the Applicate to the use You will make of it. It doesn’t guarantee any result or benefits from the use You will make of the Services offered through the Site and/or the Application.
It doesn’t further guarantee that the files You will transmit will not be subject to unauthorized third-parties intrusions, nor that they might be corrupted or downloaded, and that the information and data circulating through the Internet might not be protected against such attacks or possible misuses.
25. Updating of the T&Cs
Pray might decide at any time to modify and/or update the terms of its T&Cs, based on certain economic or legal requirements. You will be informed of these changes and will have a period of eight (8) days during which you can notify Your refusal of the proposed changes by registered letter with an acknowledgement of receipt.
Otherwise, the proposed changes will be considered as accepted by You and the contract will continue until its expiration.
Pray retains the right to modify, at any time, the characteristics of its Services, without these changes inducing considerable modifications. Pray will inform You of these changes fifteen (15) days before the entry into force of the prior.
The provisions of these T&Cs express the integrality of the agreement concluded between You and Pray. They prevail over every proposal, exchange of prior and future letters of the foregoing conclusions, in addition to every other provisions figuring in documents exchanged between the parties, that could be deemed to the T&Cs, except for any addendum duly signed by the representatives of both parties.
If one or multiple of the provisions present under the T&Cs are declared as non valid or such in application of a law, a rule or following to a definitive decision taken by a competent jurisdiction, the other provisions of the T&Cs shall remain in force to their full extent.
If need be, Pray commits to delete and immediately replace the subjected provision by a provision considered as juridically valid.
In the case of serious interpretation difficulties between the title and the chapter of any of the articles and any of the provisions, the titles shall be deemed not to have been written.
29. Applicable right – Attribution of jurisdiction
The language of the T&Cs is English language, and the English version will prevail over any other version translated in another language.
Any difficulty resulting from the interpretation and/or the execution of the T&Cs shall be referred to the relevant courts of Delaware.
The only laws applicable to the T&Cs are those of Delaware.
This document was last updated Febuary 17th, 2014.