THIS APP IS ONLY INTENDED FOR USE IN THE UNITED KINGDOM. IF YOU ARE NOT BASED IN THE UNITED KINGDOM, WE WILL NOT LICENCE THE APP AND ANY DOCUMENTS RELATING TO THE APP TO YOU AND YOU MUST DISCOUNTINUE THE app download and INSTALLATION PROCESS NOW.
BY DOWNLOADING AND INSTALLING THE APP AND CLICKING ON THE “ACCEPT” BUTTON, YOU AGREE TO THE TERMS OF THIS APP LICENCE WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THE TERMS OF THIS APP LICENCE, WE WILL NOT LICENCE THE APP AND ANY DOCUMENTS RELATING TO THE APP TO YOU AND YOU MUST DISCOUNTINUE THE DOWNLOAD AND INSTALLATION PROCESS NOW BY CLICKING THE “CANCEL” BUTTON. IN THIS CASE THE APP INSTALLATION PROCESS WILL TERMINATE.
YOU WARRANT AND REPRESENT TO US THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS.
WE DRAW YOUR ATTENTION IN PARTICULAR TO THE FOLLOWING SECTIONS OF THIS LICENCE:
You should print a copy of this Licence for future reference.
We are giving You personally the right to use the App as set out above in Clause 5. Whilst You may have sharing rights as set out above, You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If You sell any device on which the App is installed, You must remove the App from it.
By using the App, You agree to us collecting and using technical information about the devices You use the App on and related software, hardware and peripherals to improve Our products land/or services.
All intellectual property rights in the App, the Documentation throughout the world belong to Us (or our licensors) and the rights in the App are licensed (not sold) to You. You have no intellectual property rights in, or to, the App or the Documentation other than the right to use them in accordance with this Licence.
If We fail to comply with this Licence, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking this Licence or Our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time You accepted this Licence, both We and You knew it might happen.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
If the App that We have supplied to You damages a device or digital content belonging to You, We will either repair the damage or pay You compensation. However, We will not be liable for damage that You could have avoided by following Our advice to apply an update offered to You free of charge or for damage that was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Us.
The App is for domestic and private use only. If You use the App for any commercial, business or resale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We recommend that You back up any content and data used in connection with the App, to protect Yourself in case of problems with the App.
The App have not been developed to meet Your individual requirements. Please check that the facilities and functions of the App (as described on the relevant Appstore site and in the Documentation) meet Your requirements.
If Our provision of support for the App is delayed by an event outside our control then We will contact You as soon as possible to let You know and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event but if there is a risk of substantial delay You may contact Us to end Your contract with Us and receive a refund for any use of the App You have paid for but not received.
If You think the App is faulty or misdescribed or wish to contact Us for any other reason please email Us at [email protected].
If We have to contact You we will do so [by email, via the App, or via Our website], using the contact details You have provided to Us.
For most products bought online You have a legal right to change Your mind within 14 days and receive a refund. There are some exceptions to this right to change your mind, under the Consumer Contracts Regulations 2013. See Clause 18.6 below.
When you download and install the App, it will is delivered to You immediately. You agreed to this when ordering the App and consented that You agree that You will not have a right to change Your mind.
We are under a legal duty to supply products that are in conformity with the terms and conditions of this Licence. See the box below for a summary of your key legal rights in relation to the App. Nothing in these terms will affect your legal rights.
Summary of Your legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
a) If Your product is digital content, for example a mobile phone app or a subscription to a music service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.
b) If Your digital content is faulty, You are entitled to a repair or a replacement.
c) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, You can get some or all of Your money back.
d) If You can show the fault has damaged Your device and We haven’t used reasonable care and skill, You may be entitled to a repair or compensation.
We may transfer Our rights and obligations under this Licence to another organisation. We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under this Licence.
You may only transfer Your rights or Your obligations under this Licence to another person if We agree in writing.
For the purposes of the Contracts (Rights of Third Parties) Act 1999, this Licence is not intended to and does not give any person who is not a party to it any right to enforce any of its provisions.
Each of the Clauses of this Licence operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Clauses will remain in full force and effect.
Even if We delay in enforcing any of the terms of this Licence, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under this Licence, or if We delay in taking steps against You in respect of Your breaking the terms and conditions of this Licence, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.
This Licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with English law and You can bring legal proceedings in respect of this Licence in the English courts. If You live in Scotland, You can bring legal proceedings in respect of this Licence in either the Scottish or the English courts. If You live in Northern Ireland, You can bring legal proceedings in respect of this Licence in either the Northern Irish or the English courts.