Onlife Terms of Use
Welcome, Earthling, Vogon, Betelgeusian, or Whatever You Might Be,
These terms and conditions (“Terms”) govern your participation in and use of the Onlife app and any other app, website or web pages or other electronic services operated by Onlife Limited (together the “App”) under the “Onlife” brand. We want you to understand your rights relating to the use of our App. Please review below.
These Terms set out the terms of your relationship with Onlife Inc, a company registered in England and Wales with company number 11457733, VAT number GB323828011 and whose registered office is at Suite Lp44627 20-22 Wenlock Road, London, England, N1 7GU (“we”, “us” or “Onlife”).
If you do not agree to these Terms in full, please do not register with us or use the App. By using the App, you confirm you accept these Terms and agree to comply with them.
These Terms are separate to any additional applicable terms and conditions and privacy policies of the relevant app-store provider(s) that the App is downloaded from, which also apply.
Please also see our Privacy Notice for information about how we collect and use any personal data you enter into our systems or otherwise provide to us.
Introduction
These Terms will apply to all registered and unregistered users (“you” or “users”).
The App is a data and information service, which offers users personalised smart maps which comprise a map with overlaid data.
Services and functionality provided via the App (“Services”) may include notifications, reminders and recommendations, augmented reality and personal assistant services. We will collect users’ location and other data (including data which may be provided by third parties) to create enhanced map suggestions, as supported by a smart behavioural engine that analyses users’ data to create bespoke suggestions.
By using the App, you agree that you will be bound by these Terms, whether or not you are using the App in a beta test, as part of a free trial, freemium offering, or as part of a subscription or registration.
Please read these Terms carefully as they affect your rights and obligations under the law. For instance, please note that by using the App, you acknowledge and agree to grant us a perpetual, non-exclusive, transferable, worldwide, royalty-free, irrevocable licence to display, publish, transmit, copy, edit, alter, store, reproduce, re-format, sub-licence, create derivative works of and otherwise use any materials, content or information that you submit to us whilst using the App, for the purpose of providing the Services to you or for the purposes of anonymised data analysis. For more information on this, please refer to the “User Generated Content” heading below.
Please note that these Terms may be amended from time to time. Notification of any changes will be made by posting new terms onto the App. In continuing to use the App, you confirm that you accept the then current Terms in full at the time you use the App.
Third Party Information and Data
Our App may include information and access to data and material from third parties, which may include our sponsors and advertisers as well as third party app or service providers (“Third Parties”) who allow access to your data via an API.
Collectively any such material provided from a Third Party is referred to as (“Third Party Content”).
Third Party Content made available on the App and associated products and services provided by Third Parties are made and offered directly by the applicable Third Party. We are not responsible for the accuracy of any Third Party Content or for any products or services provided by Third Parties.
You acknowledge that you are contracting directly with relevant Third Parties and not with Onlife. Your interaction with, or participation in promotions of, Third Parties found on or through the App, including payment and delivery of goods or services, and any other terms, are solely between you and such Third Parties.
You are not permitted to republish or resell any content or data provided via the App or use any content or data provided via the App other than for your own individual or internal business purposes. In addition to this, please note that Third-party Content providers may have guidelines in relation to any publication of their content and that you will be subject to similar limitations in relation to Third Party Content.
We may provide links to other websites and resources via the App. Onlife does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. Any content provided by our App may contain intellectual property rights, confidential and/or proprietary information including rights held by us and our Third-Party Content providers.
These terms expressly permit Third Party Content providers to directly enforce these terms against you. You are required inform us of any misuse or other activity that could compromise third-party intellectual property rights. You acknowledge and agree that Onlife has no responsibility for the availability of external sites or resources.
Registration and Payment
Generally, use of our App will require registration. We may allow access to some services without registration but we reserve the right to withdraw access without registration at any time.
The App is compatible with and available for download on the Apple AppStore (iOS) and Google PlayStore (Android).
You are not entitled to allow any other person to use or borrow your log in details or password. Each additional user must use and register with the App separately.
We are not obliged to permit anyone to register with the App and we reserve the right to refuse registration to anyone for any reason. We also reserve the right at our discretion to remove any content from the App, terminate your registration and/or subscription and restrict your access to the App at any time for any reason.
Certain features and functionality may require a paid subscription.
For each paid subscription, subscription fees are billed at the start of each billing period (which may be monthly or annual). Your subscription will automatically renew at the start of each billing period until you cancel your subscription. You can cancel your subscription at any time.
[Users within the UK and EU] are entitled to cancel their subscription and receive a full refund within fourteen (14) days of the start of their subscription. You can cancel your subscription via the App or by sending us an email to our contact email address.
We reserve the right to add or remove App features and functionality from any registration or subscription type or to add or remove registration or subscription types.
Depending on the level of subscription and App services which are offered at any given time, users may also be able to purchase other App features on a fee per feature basis.
Unless we agree otherwise, fees shall be paid and payable using a valid credit or debit card. We do not currently facilitate payments via any other method, however, at our own discretion, we may agree to make alternative arrangements on an individual case by case basis.
If subscription fees are paid using a debit or credit card then contact information, billing information and debit/credit card information must be accurate and kept up to date. Payment may be taken at any time between placing an order for a subscription and us accepting the order (by way of a confirmation email). Confirmation emails will be generated on the basis of information you have provided us with. In those instances where we are unable to accept the order but payment has already been taken and processed, we will refund the full amount paid as soon as possible, using the original payment method used. Payments via debit/credit card will not be handled by us directly and will be collected and processed via our third-party payment processor.
Notwithstanding the provisions above, to the extent we have provided the App but fees remain outstanding for thirty (30) days or more from the payment due date, we may at our discretion suspend access to the App immediately and, we may delete user accounts including any information uploaded or otherwise inputted into the App.
[For more information on the content and features which can be purchased in-app, please refer to the section below “In-App Purchases & Cancellation”].
Data Protection
Any personal data held or processed as part of the App is handled in accordance with our Privacy Notice which can be viewed here: [Privacy Notice]. As per the terms of our Privacy Notice, we are the controller of certain personal data which is processed by us as part of the App.
When you register with the App, we will ask for some of your personal information, such as your name and email address. Additionally, we may also be ask for other information which is not required as part of the registration but is intended to provide users with an enhanced functionality of the App, including location tracking data and motion (step counting) data. Any personal information you provide us with will be handled in accordance with our Privacy Notice.
You agree and are responsible for ensuring personal information supplied to us is up-to-date and accurate. You are not permitted to, and hereby agree not to, upload any personally identifiable information that does not belong to you when you register with the App. You agree that all information supplied on registration will be kept up to date at all times. We may use the information provided to us to contact you. Each user is required to provide us information which may include a name, email address, telephone number, country of residence, location data, and such other information as we may reasonably request.
If we have reason to believe that there is likely to be a breach of security or misuse of the App or the App through your account or the use of your password, we may notify you by email and require you to change your passwords or we may suspend your account until you have done so. Until you have changed all your passwords or we have reactivated your account, you will not be able to access the App.
[In-App Purchases & Cancellation Terms
In addition to the App’s subscription content and features, users may also purchase one-off services or items such as [INSERT DETAIL] (“In-App Purchases”).
By ordering an In-App Purchase, you acknowledge there is an obligation to pay for such In-App Purchase.
When you place an order for an In-App Purchase within the App, if the In-App Purchase is for content, the download for the content will begin immediately. Please note that because the content will be made immediately available to you, you will lose your statutory fourteen (14) day right (in the UK and EU) to cancel the In-App Purchase. By making an In-App Purchase, you acknowledge you will lose this cancellation right and will not be entitled to a refund. You may however be entitled to a replacement, repair or refund of the In-App Purchase made if you are unable to download it properly (please see below for more details).
In-App Purchases are processed by the relevant app-store provider from which the App was downloaded, whether this is the Apple AppStore (iOS) or Google PlayStore (Android), and if you make any In-App Purchases in the App, the relevant app-store’s providers own billing terms and conditions will apply. For more information on how your personal data is processed by them, please refer to the relevant app-store provider’s privacy policies.
All In-App Purchases made through the App are your responsibility and we will have no responsibility over which or how many purchases are made by you.
If you have made an In-App Purchase but are unable to download it properly, whether you are having issues in downloading the content or you are unable to access the content once downloaded, we will either provide you with a replacement In-App Purchase or repair the fault. If, however, we are unable to provide you with a repair or replacement within a reasonable time frame, we will authorise the relevant app-store provider to provide you with a refund.
If you would like to amend or manage the settings for the In-App Purchases, you will need to do so via the relevant app-store provider’s settings, or if you have any queries or issues that are payment related, please contact the relevant app-store provider directly.]
Use and Abuse of the App
Please note that use of the App is strictly for your own personal and non-commercial purposes only.
In using the App and particularly when going to or otherwise accessing locations in the real world, you agree to be aware and mindful of your surroundings and to use the App safely.
The App may allow you to share your location with other users of the App. You can turn off this functionality at any time. Do not share your location information if you are concerned about your safety or security or if you do not wish to share your location with third parties.
You may not use any location data in relation to any other user for the purposes of harassment or abuse.
You may not share any location data in relation to any other user publicly or private and you may not post location data in relation to any other user on any other platform or website.
Any content posted, published or otherwise shared by you using the App will be your personal responsibility. We do not actively monitor, supervise or check the content, comments or communications between users of the App or App (as the case may be) and will not be liable in any way in respect of this. Through these Terms, you also agree that we have a perpetual licence to use such content as we see fit but it will still be processed in accordance with our Privacy Notice.
You may not publish any illegal, offensive, inaccurate, misleading, defamatory or fraudulent content on the App. If any such content is published by you or if in our opinion any content is published by you damages our goodwill or the goodwill attaching to the App, or puts any other user at risk of harm, harassment or abuse, we reserve the right at our discretion and without notice to take such action as we deem necessary including removing the content from the App and terminating your registration.
You agree that you are not permitted to and will not:
attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the App or content provided via the App (“Content”) in any form or media or by any means;
attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the App or Content;
access all or any part of the App or Content in order to supply similar services to any third party or in order to build a product or service which competes with the App;
provide the App or Content to third-parties;
license, sell, rent, lease, transfer, assign, distribute, display, disclose, commercially exploit, or otherwise make the App or Content available to any third party;
make available in any way for the use or benefit of any unauthorised party, any Content, information, materials, software, or other proprietary information received from us, in whole or in part, unless we agree in writing;
input, upload or otherwise store any documentation, materials, information or other content to the App platform which is illegal, defamatory, fraudulent, offensive or infringing on any party;
upload any files or content that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of the software or the App;
modify, incorporate into or use the App or Content with other software, or create a derivative work;
use any robot, spider, scraper, or other automated means to access the App or Content for any purpose without our written consent; or
attempt to obtain, or assist third-parties in obtaining, access to the App or Content other than in accordance with these terms.
Cancellation and Termination
We reserve the right at our discretion to remove any content from the App, terminate your registration and restrict your access to our App at any time for any reason.
In the event that you are informed that you will no longer be entitled to access the App, you will not be entitled to register again and you will no longer have permission to use the App.
If you wish to cancel your registration, please notify us and we will delete your account. Posted content will remain available on our App following termination of your registration.
User Generated Content
Any and all materials and other content that you design, create, upload, publish or otherwise submit to us whilst using the App (whether via our App or website, by email, third party social channels such as Instagram or by way of other electronic means), including any chat or other communications with other users is referred to as “User Generated Content”.
You will continue to maintain any existing copyright or other valid intellectual property ownership rights in the User Generated Content, however by using the App, you acknowledge and agree to grant us a perpetual, non-exclusive, transferable, worldwide, royalty-free, irrevocable licence to display, publish, transmit, copy, edit, alter, store, reproduce, re-format, sub-licence, create derivative works and otherwise use any or all of the User Generated Content, for the purposes of a) providing services to you and b) analysing (on an anonymised basis) the use made of the App and Services by our users for the purposes of improving our App and Services and providing associated or related services (which may include information services or third party services provided to our users via the App) to third parties.
Intellectual Property & Third-Party Links
By submitting data to the App, you expressly grant us a royalty-free, perpetual, irrevocable licence to use such content in order to deliver the App and Services to you.
If you have downloaded a copy of our App, we hereby grant you a non-exclusive, non-transferable licence to download a copy of the App and Content to such devices as are personally used by you. You may not transfer this licence and we reserve the right to terminate this licence if you are in breach of these Terms.
If you uninstall the App on one of your personal devices and re-install it on another, any In-App Purchases will be preserved provided the account you have registered with us is still active and you log-in to your account using those same details. If, however you delete your account with us, any In-App Purchases which was remaining on your account will be lost without any option for redeeming them and in this event, we will not be responsible or otherwise liable to you in any way.
The App together with the format and content of the App is protected by copyright and other intellectual property rights and we reserve all rights in relation to our copyright and other intellectual property rights whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks which appear on the App. The look and feel of the App and any Content provided via the App are proprietary to us or our Third-Party Content providers. We and our Third-Party Content providers reserve all applicable rights.
The App and Services may not be decompiled, reverse-engineered, modified, reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the App without our express written permission.
The App may include links to other websites or material such as third-party advertising. We are not responsible for content on any website outside the App so if you do follow a link to any of these websites, you acknowledge you do so at your own risk and we will not be liable or otherwise be responsible in any way in relation to this.
Notice and Take-Down
We will make all reasonable efforts to delete accounts which are being used in breach of our Terms and to identify and remove content that is defamatory or infringing on intellectual property rights when we are notified but we cannot be responsible if you have failed to provide us with the relevant information.
In the event that you believe that an account is being used in an inappropriate manner or that any content which is distributed using the App is defamatory or infringing on intellectual property rights you should notify us immediately.
Our Liability
Nothing in these Terms will limit our liability for fraud, fraudulent misrepresentation, death or personal injury caused as a result of our negligence or any other liability which cannot be limited or excluded by law.
We will operate the App with the reasonable skill and care of an online service provider and whilst we use our reasonable endeavours to ensure that content provided is accurate, complete, reputable and up-to-date, we do not make and hereby exclude all representations, warranties or guarantees, whether express or implied, in respect of any information, content or data supplied.
We do not undertake detailed monitoring or supervision of content, comments or communications between users of the App.
From time to time it may be necessary to suspend access to the App for a period of time and any such interruptions shall not constitute a breach by us of these Terms.
To the extent permitted under applicable law, we exclude all representations, warranties, guarantees or other terms which may apply to our App or any content on it – expressed or implied.
We will not be liable for any a) revenue loss; b) profit loss; c) loss of or damage to goodwill or reputation; d) business loss; e) financial loss; f) economic loss; g) consequential loss or h) indirect loss arising as a result of your use of the App or the Services whether such loss is incurred or suffered as a result of our negligence or otherwise.
We will not be liable for any use of the App or the Services other than for individual, personal purposes.
We will not be liable if content you have posted and stored on the App is lost, corrupted or damaged.
Subject to the provisions in this clause, our total liability to you in connection with these Terms is limited to the higher of i) an amount equal to the total fees or charges payable by you in the twelve (12) month period leading up to the claim or ii) Fifty Pounds Sterling (£50).
General
These Terms are personal to you and may not be transferred to any other party without our written approval. We may assign or otherwise transfer any or all of our rights or obligations under these Terms to a third party on written notification to you.
These Terms are in addition to any terms and conditions set out in the relevant app-store provider’s terms and conditions. In the event of any conflict between these Terms and the relevant app store provider’s terms and conditions, those terms and conditions will prevail.
We make no promise that materials in/on the App are appropriate or available for use in locations outside the United Kingdom, and accessing the App from territories where its contents are illegal or unlawful is prohibited. If you choose to access the App from locations outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws which apply to your use of our App in whatever country you are physically located.
If you breach these Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
We may make changes to the format and content of the App at any time without notice.
These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts.
Contact Us
If you have any questions about these Terms, please contact us at [email protected]
In Conclusion
If you've read this far, congratulations, you're probably not going to, but should you wish to proceed, your journey through life begins now. Remember, don't panic, and keep a towel handy.
Welcome, Earthling, Vogon, Betelgeusian, or Whatever You Might Be,
These terms and conditions (“Terms”) govern your participation in and use of the Onlife app and any other app, website or web pages or other electronic services operated by Onlife Limited (together the “App”) under the “Onlife” brand. We want you to understand your rights relating to the use of our App. Please review below.
These Terms set out the terms of your relationship with Onlife Inc, a company registered in England and Wales with company number 11457733, VAT number GB323828011 and whose registered office is at Suite Lp44627 20-22 Wenlock Road, London, England, N1 7GU (“we”, “us” or “Onlife”).
If you do not agree to these Terms in full, please do not register with us or use the App. By using the App, you confirm you accept these Terms and agree to comply with them.
These Terms are separate to any additional applicable terms and conditions and privacy policies of the relevant app-store provider(s) that the App is downloaded from, which also apply.
Please also see our Privacy Notice for information about how we collect and use any personal data you enter into our systems or otherwise provide to us.
Introduction
These Terms will apply to all registered and unregistered users (“you” or “users”).
The App is a data and information service, which offers users personalised smart maps which comprise a map with overlaid data.
Services and functionality provided via the App (“Services”) may include notifications, reminders and recommendations, augmented reality and personal assistant services. We will collect users’ location and other data (including data which may be provided by third parties) to create enhanced map suggestions, as supported by a smart behavioural engine that analyses users’ data to create bespoke suggestions.
By using the App, you agree that you will be bound by these Terms, whether or not you are using the App in a beta test, as part of a free trial, freemium offering, or as part of a subscription or registration.
Please read these Terms carefully as they affect your rights and obligations under the law. For instance, please note that by using the App, you acknowledge and agree to grant us a perpetual, non-exclusive, transferable, worldwide, royalty-free, irrevocable licence to display, publish, transmit, copy, edit, alter, store, reproduce, re-format, sub-licence, create derivative works of and otherwise use any materials, content or information that you submit to us whilst using the App, for the purpose of providing the Services to you or for the purposes of anonymised data analysis. For more information on this, please refer to the “User Generated Content” heading below.
Please note that these Terms may be amended from time to time. Notification of any changes will be made by posting new terms onto the App. In continuing to use the App, you confirm that you accept the then current Terms in full at the time you use the App.
Third Party Information and Data
Our App may include information and access to data and material from third parties, which may include our sponsors and advertisers as well as third party app or service providers (“Third Parties”) who allow access to your data via an API.
Collectively any such material provided from a Third Party is referred to as (“Third Party Content”).
Third Party Content made available on the App and associated products and services provided by Third Parties are made and offered directly by the applicable Third Party. We are not responsible for the accuracy of any Third Party Content or for any products or services provided by Third Parties.
You acknowledge that you are contracting directly with relevant Third Parties and not with Onlife. Your interaction with, or participation in promotions of, Third Parties found on or through the App, including payment and delivery of goods or services, and any other terms, are solely between you and such Third Parties.
You are not permitted to republish or resell any content or data provided via the App or use any content or data provided via the App other than for your own individual or internal business purposes. In addition to this, please note that Third-party Content providers may have guidelines in relation to any publication of their content and that you will be subject to similar limitations in relation to Third Party Content.
We may provide links to other websites and resources via the App. Onlife does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. Any content provided by our App may contain intellectual property rights, confidential and/or proprietary information including rights held by us and our Third-Party Content providers.
These terms expressly permit Third Party Content providers to directly enforce these terms against you. You are required inform us of any misuse or other activity that could compromise third-party intellectual property rights. You acknowledge and agree that Onlife has no responsibility for the availability of external sites or resources.
Registration and Payment
Generally, use of our App will require registration. We may allow access to some services without registration but we reserve the right to withdraw access without registration at any time.
The App is compatible with and available for download on the Apple AppStore (iOS) and Google PlayStore (Android).
You are not entitled to allow any other person to use or borrow your log in details or password. Each additional user must use and register with the App separately.
We are not obliged to permit anyone to register with the App and we reserve the right to refuse registration to anyone for any reason. We also reserve the right at our discretion to remove any content from the App, terminate your registration and/or subscription and restrict your access to the App at any time for any reason.
Certain features and functionality may require a paid subscription.
For each paid subscription, subscription fees are billed at the start of each billing period (which may be monthly or annual). Your subscription will automatically renew at the start of each billing period until you cancel your subscription. You can cancel your subscription at any time.
[Users within the UK and EU] are entitled to cancel their subscription and receive a full refund within fourteen (14) days of the start of their subscription. You can cancel your subscription via the App or by sending us an email to our contact email address.
We reserve the right to add or remove App features and functionality from any registration or subscription type or to add or remove registration or subscription types.
Depending on the level of subscription and App services which are offered at any given time, users may also be able to purchase other App features on a fee per feature basis.
Unless we agree otherwise, fees shall be paid and payable using a valid credit or debit card. We do not currently facilitate payments via any other method, however, at our own discretion, we may agree to make alternative arrangements on an individual case by case basis.
If subscription fees are paid using a debit or credit card then contact information, billing information and debit/credit card information must be accurate and kept up to date. Payment may be taken at any time between placing an order for a subscription and us accepting the order (by way of a confirmation email). Confirmation emails will be generated on the basis of information you have provided us with. In those instances where we are unable to accept the order but payment has already been taken and processed, we will refund the full amount paid as soon as possible, using the original payment method used. Payments via debit/credit card will not be handled by us directly and will be collected and processed via our third-party payment processor.
Notwithstanding the provisions above, to the extent we have provided the App but fees remain outstanding for thirty (30) days or more from the payment due date, we may at our discretion suspend access to the App immediately and, we may delete user accounts including any information uploaded or otherwise inputted into the App.
[For more information on the content and features which can be purchased in-app, please refer to the section below “In-App Purchases & Cancellation”].
Data Protection
Any personal data held or processed as part of the App is handled in accordance with our Privacy Notice which can be viewed here: [Privacy Notice]. As per the terms of our Privacy Notice, we are the controller of certain personal data which is processed by us as part of the App.
When you register with the App, we will ask for some of your personal information, such as your name and email address. Additionally, we may also be ask for other information which is not required as part of the registration but is intended to provide users with an enhanced functionality of the App, including location tracking data and motion (step counting) data. Any personal information you provide us with will be handled in accordance with our Privacy Notice.
You agree and are responsible for ensuring personal information supplied to us is up-to-date and accurate. You are not permitted to, and hereby agree not to, upload any personally identifiable information that does not belong to you when you register with the App. You agree that all information supplied on registration will be kept up to date at all times. We may use the information provided to us to contact you. Each user is required to provide us information which may include a name, email address, telephone number, country of residence, location data, and such other information as we may reasonably request.
If we have reason to believe that there is likely to be a breach of security or misuse of the App or the App through your account or the use of your password, we may notify you by email and require you to change your passwords or we may suspend your account until you have done so. Until you have changed all your passwords or we have reactivated your account, you will not be able to access the App.
[In-App Purchases & Cancellation Terms
In addition to the App’s subscription content and features, users may also purchase one-off services or items such as [INSERT DETAIL] (“In-App Purchases”).
By ordering an In-App Purchase, you acknowledge there is an obligation to pay for such In-App Purchase.
When you place an order for an In-App Purchase within the App, if the In-App Purchase is for content, the download for the content will begin immediately. Please note that because the content will be made immediately available to you, you will lose your statutory fourteen (14) day right (in the UK and EU) to cancel the In-App Purchase. By making an In-App Purchase, you acknowledge you will lose this cancellation right and will not be entitled to a refund. You may however be entitled to a replacement, repair or refund of the In-App Purchase made if you are unable to download it properly (please see below for more details).
In-App Purchases are processed by the relevant app-store provider from which the App was downloaded, whether this is the Apple AppStore (iOS) or Google PlayStore (Android), and if you make any In-App Purchases in the App, the relevant app-store’s providers own billing terms and conditions will apply. For more information on how your personal data is processed by them, please refer to the relevant app-store provider’s privacy policies.
All In-App Purchases made through the App are your responsibility and we will have no responsibility over which or how many purchases are made by you.
If you have made an In-App Purchase but are unable to download it properly, whether you are having issues in downloading the content or you are unable to access the content once downloaded, we will either provide you with a replacement In-App Purchase or repair the fault. If, however, we are unable to provide you with a repair or replacement within a reasonable time frame, we will authorise the relevant app-store provider to provide you with a refund.
If you would like to amend or manage the settings for the In-App Purchases, you will need to do so via the relevant app-store provider’s settings, or if you have any queries or issues that are payment related, please contact the relevant app-store provider directly.]
Use and Abuse of the App
Please note that use of the App is strictly for your own personal and non-commercial purposes only.
In using the App and particularly when going to or otherwise accessing locations in the real world, you agree to be aware and mindful of your surroundings and to use the App safely.
The App may allow you to share your location with other users of the App. You can turn off this functionality at any time. Do not share your location information if you are concerned about your safety or security or if you do not wish to share your location with third parties.
You may not use any location data in relation to any other user for the purposes of harassment or abuse.
You may not share any location data in relation to any other user publicly or private and you may not post location data in relation to any other user on any other platform or website.
Any content posted, published or otherwise shared by you using the App will be your personal responsibility. We do not actively monitor, supervise or check the content, comments or communications between users of the App or App (as the case may be) and will not be liable in any way in respect of this. Through these Terms, you also agree that we have a perpetual licence to use such content as we see fit but it will still be processed in accordance with our Privacy Notice.
You may not publish any illegal, offensive, inaccurate, misleading, defamatory or fraudulent content on the App. If any such content is published by you or if in our opinion any content is published by you damages our goodwill or the goodwill attaching to the App, or puts any other user at risk of harm, harassment or abuse, we reserve the right at our discretion and without notice to take such action as we deem necessary including removing the content from the App and terminating your registration.
You agree that you are not permitted to and will not:
attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the App or content provided via the App (“Content”) in any form or media or by any means;
attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the App or Content;
access all or any part of the App or Content in order to supply similar services to any third party or in order to build a product or service which competes with the App;
provide the App or Content to third-parties;
license, sell, rent, lease, transfer, assign, distribute, display, disclose, commercially exploit, or otherwise make the App or Content available to any third party;
make available in any way for the use or benefit of any unauthorised party, any Content, information, materials, software, or other proprietary information received from us, in whole or in part, unless we agree in writing;
input, upload or otherwise store any documentation, materials, information or other content to the App platform which is illegal, defamatory, fraudulent, offensive or infringing on any party;
upload any files or content that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of the software or the App;
modify, incorporate into or use the App or Content with other software, or create a derivative work;
use any robot, spider, scraper, or other automated means to access the App or Content for any purpose without our written consent; or
attempt to obtain, or assist third-parties in obtaining, access to the App or Content other than in accordance with these terms.
Cancellation and Termination
We reserve the right at our discretion to remove any content from the App, terminate your registration and restrict your access to our App at any time for any reason.
In the event that you are informed that you will no longer be entitled to access the App, you will not be entitled to register again and you will no longer have permission to use the App.
If you wish to cancel your registration, please notify us and we will delete your account. Posted content will remain available on our App following termination of your registration.
User Generated Content
Any and all materials and other content that you design, create, upload, publish or otherwise submit to us whilst using the App (whether via our App or website, by email, third party social channels such as Instagram or by way of other electronic means), including any chat or other communications with other users is referred to as “User Generated Content”.
You will continue to maintain any existing copyright or other valid intellectual property ownership rights in the User Generated Content, however by using the App, you acknowledge and agree to grant us a perpetual, non-exclusive, transferable, worldwide, royalty-free, irrevocable licence to display, publish, transmit, copy, edit, alter, store, reproduce, re-format, sub-licence, create derivative works and otherwise use any or all of the User Generated Content, for the purposes of a) providing services to you and b) analysing (on an anonymised basis) the use made of the App and Services by our users for the purposes of improving our App and Services and providing associated or related services (which may include information services or third party services provided to our users via the App) to third parties.
Intellectual Property & Third-Party Links
By submitting data to the App, you expressly grant us a royalty-free, perpetual, irrevocable licence to use such content in order to deliver the App and Services to you.
If you have downloaded a copy of our App, we hereby grant you a non-exclusive, non-transferable licence to download a copy of the App and Content to such devices as are personally used by you. You may not transfer this licence and we reserve the right to terminate this licence if you are in breach of these Terms.
If you uninstall the App on one of your personal devices and re-install it on another, any In-App Purchases will be preserved provided the account you have registered with us is still active and you log-in to your account using those same details. If, however you delete your account with us, any In-App Purchases which was remaining on your account will be lost without any option for redeeming them and in this event, we will not be responsible or otherwise liable to you in any way.
The App together with the format and content of the App is protected by copyright and other intellectual property rights and we reserve all rights in relation to our copyright and other intellectual property rights whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks which appear on the App. The look and feel of the App and any Content provided via the App are proprietary to us or our Third-Party Content providers. We and our Third-Party Content providers reserve all applicable rights.
The App and Services may not be decompiled, reverse-engineered, modified, reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the App without our express written permission.
The App may include links to other websites or material such as third-party advertising. We are not responsible for content on any website outside the App so if you do follow a link to any of these websites, you acknowledge you do so at your own risk and we will not be liable or otherwise be responsible in any way in relation to this.
Notice and Take-Down
We will make all reasonable efforts to delete accounts which are being used in breach of our Terms and to identify and remove content that is defamatory or infringing on intellectual property rights when we are notified but we cannot be responsible if you have failed to provide us with the relevant information.
In the event that you believe that an account is being used in an inappropriate manner or that any content which is distributed using the App is defamatory or infringing on intellectual property rights you should notify us immediately.
Our Liability
Nothing in these Terms will limit our liability for fraud, fraudulent misrepresentation, death or personal injury caused as a result of our negligence or any other liability which cannot be limited or excluded by law.
We will operate the App with the reasonable skill and care of an online service provider and whilst we use our reasonable endeavours to ensure that content provided is accurate, complete, reputable and up-to-date, we do not make and hereby exclude all representations, warranties or guarantees, whether express or implied, in respect of any information, content or data supplied.
We do not undertake detailed monitoring or supervision of content, comments or communications between users of the App.
From time to time it may be necessary to suspend access to the App for a period of time and any such interruptions shall not constitute a breach by us of these Terms.
To the extent permitted under applicable law, we exclude all representations, warranties, guarantees or other terms which may apply to our App or any content on it – expressed or implied.
We will not be liable for any a) revenue loss; b) profit loss; c) loss of or damage to goodwill or reputation; d) business loss; e) financial loss; f) economic loss; g) consequential loss or h) indirect loss arising as a result of your use of the App or the Services whether such loss is incurred or suffered as a result of our negligence or otherwise.
We will not be liable for any use of the App or the Services other than for individual, personal purposes.
We will not be liable if content you have posted and stored on the App is lost, corrupted or damaged.
Subject to the provisions in this clause, our total liability to you in connection with these Terms is limited to the higher of i) an amount equal to the total fees or charges payable by you in the twelve (12) month period leading up to the claim or ii) Fifty Pounds Sterling (£50).
General
These Terms are personal to you and may not be transferred to any other party without our written approval. We may assign or otherwise transfer any or all of our rights or obligations under these Terms to a third party on written notification to you.
These Terms are in addition to any terms and conditions set out in the relevant app-store provider’s terms and conditions. In the event of any conflict between these Terms and the relevant app store provider’s terms and conditions, those terms and conditions will prevail.
We make no promise that materials in/on the App are appropriate or available for use in locations outside the United Kingdom, and accessing the App from territories where its contents are illegal or unlawful is prohibited. If you choose to access the App from locations outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws which apply to your use of our App in whatever country you are physically located.
If you breach these Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
We may make changes to the format and content of the App at any time without notice.
These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts.
Contact Us
If you have any questions about these Terms, please contact us at [email protected]
In Conclusion
If you've read this far, congratulations, you're probably not going to, but should you wish to proceed, your journey through life begins now. Remember, don't panic, and keep a towel handy.
