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Any terms you have with your respective mobile network provider (“Mobile Provider”) continue to apply and you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing our Apps and any third party charges as may arise from time to time. You will be solely responsible for any costs and other charges or expenses charged by your Mobile Provider, internet service provider, network operator and/or any other third party provider in relation to your internet service, your mobile service and any use of our Apps including the downloading of any available App Content. In the event that you are not the bill payer for the device being used to access our Apps, you will be assumed to have obtained permission from the relevant bill payer for downloading and using our Apps.
If you download our Apps onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the device.
Any words following the terms ‘including’, ‘include’, ‘in particular’, ‘for ‘example’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
We will use reasonable endeavours to ensure that our Apps and App Content are available for download and use at all times. However, ours App and App Content are provided over the internet and mobile networks and so their operation and availability may be affected by factors outside of our control at any time for any reason. We do not guarantee that use of or access to our Apps or App Content will always be available and/or uninterrupted.
In return for your agreeing to comply with these Terms you may:
Your right to use our Apps is personal to you, you may not otherwise transfer our Apps to anyone else for any reason. If you sell or give away any device on which our Apps is installed, you must remove our Apps from it first.
The ways in which you can use our Apps may also be governed the terms of the app store that you downloaded our Apps from. In the event of a conflict between these Terms and the terms of the app store that you downloaded our Apps from, the terms of our Apps store from which you downloaded our Apps shall take priority.
Unless you have requested and received our prior written consent or unless expressly permitted in these Terms, you must not:
Once you have installed our Apps, you can select the subscription that you would like in order to use each App. Subscriptions are available on a weekly, monthly, annual and lifetime basis and further details of each type of subscription and its cost are detailed on the App.
App Content may be made available via in-app purchasing.
All transactions between you and us are handled via the app store that you downloaded the App from.
The App Content may include trademarks or copyright material owned by us or third parties. The App Content includes the images, logos, music, photographs and video content that are incorporated into and form part of our Apps. The term App Content also includes any part of any of the App Content, or any assemblage, deviation, manipulation, modification, screen print or copy of, or derivative work based on or including any of the App Content.
The App Content may only be used as part of our Apps and may not be used independently.
All intellectual property rights in our Apps, App Content and related documentation throughout the world belong to us and our licensors and the rights in our Apps are licensed (not sold) to you. You have no intellectual property rights in, or to, our Apps or related documentation other than the right to use them in accordance with these Terms.
If we fail to comply with these Terms we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but subject to paragraph 14.4, 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 these Terms, both we and you knew it might happen (“Foreseeable Losses”); and
Subject to paragraph 14.4, we limit our aggregate liability for Foreseeable Losses, arising out of or in connection with these Terms, to you in respect of all events occurring in any calendar year, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, to the greater of:
Subject to paragraph 14.4, circumstances giving rise to a loss or damage which is not foreseeable includes but shall not be limited to:
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.
If defective digital content that we have supplied 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 technical requirements advised by us.
Our Apps are for domestic and private use only. If you use our Apps 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.
Please note that in some jurisdictions consumer protection laws may not allow certain disclaimers or exclusions or limitations of liability and consequently some of the disclaimers, exclusions and limitations of liability in these Terms may not apply.
We recommend that you back up any content and data used in connection with our Apps, to protect yourself in case of problems with our Apps.
Our Apps have not been developed to meet your individual requirements. Please check that the facilities and functions of our Apps (as described on the app stores where ours Apps are available and in the related documentation) meet your requirements.
If our provision of support for our Apps 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 you may terminate these Terms by ceasing to use our Apps and deleting or removing it from your device.
Our Apps, which are available on various app stores, are controlled and offered by us from our facilities in United Kingdom. The distribution of our Apps via app stores is governed by their rules with which we must comply. There are some locations where Apps with paid for in-app purchasing products are not permitted and therefore in those locations our Apps will not be visible to app store users registered in those locations.
You agree that you will compensate us for any losses (including reasonable legal fees) that we incur as a result of any breach of paragraph 6 or 10 by you.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using our Apps may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
By using our Apps, you agree to us collecting and using technical information about the devices you use our Apps on and related software, hardware and peripherals to improve our products.
You acknowledge that our Apps may contain links to third party websites (whether by way of advertisements or otherwise) that are not owned or controlled by us. Such links are provided for your reference only. We do not control such websites and are not responsible for the contents or your use of them, and as a result we do not accept responsibility for the availability, suitability, reliability or content of such third party websites.
Our inclusion of such hyperlinks in our Apps does not imply any endorsement of the material or the views expressed within them.
If you think our Apps is faulty or misdescribed please contact us using the details provided in paragraph 1.2.
If we have to contact you we will do so by email, using the contact details you have provided to us.
You acknowledge that our Apps and the App Content may be supported by advertising revenues and we may place advertising, promotions or sponsored content on our Apps or on, about, or in conjunction with the App Content. You acknowledge that we may not always identify advertising, promotions and sponsored content and the manner, mode and extent of such advertising, promotions and sponsored content is subject to change without notice to you. We may at our sole discretion provide the ability to pay to remove advertisements via the settings menu within our Apps.
From time to time we may automatically update our Apps to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using our Apps.
Changes to our Apps will not prevent our Apps working with the versions of the operating system shown on the app store that you downloaded the App from.
These Terms may only be modified with our prior written consent. We may alter or amend these Terms, including introducing new terms, that are:(a) the result of a change in applicable law or our business; (b) necessary for the provision of our Apps; or (c) the result of any improvements to our Apps.
Subject to paragraph 20.3, if we make any changes (including any changes to our policies), we will give thirty (30) days’ prior written notice to you by email. If you notify us in writing within the thirty (30) days that you do not accept the change, these Terms will terminate immediately. However, if you continue to use our Apps after providing such notice or after the thirty (30) day period, you are accepting these Terms as updated.
We are under no obligation to notify you of any changes to these Terms that result in minor adjustments or corrections to these Terms.
We may transfer our rights and obligations under these Terms 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 the these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
These Terms apply from when you click “I Accept” at the bottom of this screen (the “Effective Date”) and will remain in full force and effect while you use our Apps until terminated in accordance with this paragraph 22.
We may terminate these Terms and your use of our Apps, or suspend your use of our Apps, immediately by written notice to you if:
We may discontinue licensing any of the App Content at any time at our sole discretion. In this instance you will be able to continue to use our Apps with the App Content, but it will no longer be available on app stores and will no longer be supported by us.
You can terminate these Terms by ceasing to use our Apps and deleting or uninstalling it from your device.
Upon termination for any reason:
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, 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.
These Terms are governed by English law (including non-contractual disputes or claims) and legal proceedings in respect of these Terms and our Apps shall be dealt with exclusively by the English courts.
If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the relevant provision shall be deemed modified to the minimum extent necessary to make it valid, and the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions which will remain in full force and effect.
Without prejudice to any other rights or remedies that we may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of these Terms by you. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of these Terms.