You can cancel your trial at any time by cancelling
your subscription through the platform from which you obtained it. For details
regarding cancellations, please refer to the 'Payment and Refund for Mobile
and Web Purchases' section.
Subscriptions may be managed by the user and auto-renewal may be turned off
going to the user's Account Settings after purchase. Any unused portion of a
trial period, if offered, will be forfeited when purchasing a premium
subscription during the trial period. Subscription with a trial
period will automatically renew to a paid subscription unless auto-renewal is
turned off. Payment will be charged to iTunes Account at confirmation of
purchase. Subscription automatically renews unless auto-renew is turned off at
least 24-hours before the end of the current period. Account will be charged
for renewal within 24-hours prior to the end of the current period, and
identify the cost for the renewal.
TERMS OF USE, BASENJI APPS MOBILE
APPLICATIONS
INTRODUCTION These terms of
use ("Terms") constitute an agreement between Basenji Apps Limited, a legal
entity incorporated under the laws of the Republic of Cyprus, having its
mailing address at Florinis 7, Greg Tower, Floor 2, Nicosia, Cyprus, 1065 and
you regarding your use of our Apps and the images, logos and other video
content that are incorporated into and form part of our Apps ("App Content").
ABOUT
US Please read these Terms and our privacy policy
(available here) very carefully. You acknowledge and agree that by ticking the
"I Accept" box at the bottom of this screen, you signify that you have read,
understood, and agree to be bound by these Terms and our Privacy Policy. If
you do not accept these Terms or our Privacy Policy, you are not permitted to
install or use any of our Apps.
We recommend that you save or print a
copy of these Terms for future reference. Click here to generate a PDF version
of these Terms that can be saved or emailed to you for printing.
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.
AVAILABILITY 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.
CONDITIONS
OF USE In return for your agreeing to comply with
these Terms you may:
download our Apps onto a device and view, use and
display our Apps on the device for your personal purposes only;
use any
related documentation to support use of our Apps as permitted by these Terms;
and
receive updates to the software code of our Apps via our Apps store
that you downloaded our Apps from – these may incorporate patches and
corrections of errors as we may provide to you.
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.
RESTRICTIONS
Unless you have requested and received our prior written consent or unless
expressly permitted in these Terms, you must not:
copy our Apps except as
part of the normal use of our Apps or where it is necessary for the purpose of
creating a back-up or operational security;
modify or translate our Apps
in whole or in part, or combine or merge our Apps with any other object code
or program;
reverse engineer, decompile, disassemble, reduce the object
code of our Apps to source code form or create (or attempt to create)
derivative works based on the whole or any part of our Apps, except to the
extent permitted by applicable law, and provided that the information obtained
by you during such activities:
is not disclosed or communicated without
our prior written consent to any third party to whom it is not necessary to
disclose or communicate it to in accordance with applicable law; and
is
not used to create any software that is substantially similar in its
expression to our Apps
is kept secure; and
is used only in accordance
with applicable law;
distribute, sub-license, assign, share, timeshare,
sell, rent, lease, grant a security interest in, use for service bureau
purposes, or otherwise transfer our Apps or your right to use our Apps;
remove, modify, block, disable, obscure or impair any copyright, trademark, or
other proprietary notices, material or advertising belonging to us, our
licensors or other third parties contained within our Apps;
incorporate
our Apps into another service or website or make it available via framing or
mirrors;
extract any data or metadata from our Apps nor create any index
or database incorporating any part of it;
circumvent, disable or otherwise
interfere with security-related features of our Apps or features that:
prevent or restrict use or copying of any part of our Apps; or
enforce
limitations on use of our Apps, in each case other than to exercise your
rights under paragraphs 9.1(a) or 9.1(c);
do anything that may cause
damage to our Apps;
carry out any harmful or illegal activities using our
Apps; or
use our Apps in any manner not expressly authorised by these
Terms
ACCEPTABLE USE
You must:
not use our Apps in any unlawful manner, for any unlawful
purpose, or in any manner inconsistent with these Terms, or act fraudulently
or maliciously (for example, by hacking into or inserting malicious code, such
as viruses, or harmful data, into our Apps or into any operating system);
not infringe any rights (including intellectual property rights) belonging to
us or any third party in relation to your use of our Apps;
not transmit
any material that is defamatory, offensive or otherwise objectionable in
relation to your use of our Apps;
not use our Apps in a way that could
damage, disable, overburden, impair or compromise our systems or security or
interfere with other users;
comply with any applicable third party terms
and conditions in respect of your use of our Apps; and
not collect or
harvest any information or data from any service or our systems or attempt to
decipher any transmissions to or from our servers.
FEES 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.
APP
CONTENT 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.
INTELLECTUAL PROPERTY
RIGHTS 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.
LIABILITY 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:
100% of the fees paid and payable by you to
us in respect of the App in such calendar year; and
£50.
Subject
to paragraph 14.4, circumstances giving rise to a loss or damage which is not
foreseeable includes but shall not be limited to:
any use of our Apps in a
manner that we do not authorise;
ending, suspending or restricting use of
our Apps in accordance with these Terms;
any loss or damage caused by us
in circumstances where there is no breach of contractual obligation or legal
duty owed to you by us;
any loss or damage (including to any device or
content belonging to you) caused by us to the extent that such loss or damage
results from your negligence, your failure to follow our reasonable
instructions or any other breach of these Terms (or any other contract you
have in place with us), unless we were in breach of a legal obligation or duty
of care owed to you by us and that breach is the substantial cause of the loss
or damage;
any loss or damage caused by any error, bugs or viruses arising
in your use of our Apps that are not directly caused by or attributable to our
Apps, or any incompatibility of our Apps with any other software, hardware or
material on your device; and
any breach of paragraphs 6 or 10 by you.
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 on Cyprus. 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.
YOUR PRIVACY We
only use any personal data we collect through your use of our Apps in the ways
set out in our Privacy Policy which can be found here.
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.
THIRD
PARTY WEBSITES 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.
SUPPORT 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.
ADVERTISING AND
MONETISATION 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.
PAYMENT AND REFUND FOR MOBILE AND WEB PURCHASES
Breeze Services offers certain functionalities and features that
can be used without charge. While it is optional, you may choose to provide your name
and email address when utilizing these services. It is important to note that the free
version of Breeze Services has limitations, and some functionalities and features available
to paid users may not be accessible.
We offer subscription plans and in-app purchases that provide access to enhanced
services and additional features for a fee
(“Purchased Content”). If you have purchased
Purchased Content through a third-party platform and there is a subscription period
applicable, it will automatically renew until you decide to terminate it. To avoid being
charged for the next billing period, you must cancel your subscription before it renews.
You authorize us to charge the applicable fees to the payment method that you submit.
By using the Service, you agree to be bound by the Money-back Guarantee Policy, which
is incorporated into these Terms.
Generally, all purchases are considered final and
non-refundable, except in cases where it is required by law. Refunds from Apple App Store:
Due to security and privacy reasons, we are unable to view, access, or modify any financial
transactions related to Apple. If you require a refund from Apple Store, we kindly request
that you contact the appropriate support team of Apple to handle your refund request. Please
be aware that the refund policy will be governed by the applicable payment policy of Apple
App Store, which may or may not allow for refunds. For any refund-related inquiries or to
manage your Purchased Content, please get in touch with the respective third party's support.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND SUBJECT TO MANDATORY LEGISLATION,
YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR
ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED
PURCHASED CONTENT, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.
Website Refunds: If you are a resident in the European Union and make a
purchase from our website, you agree to waive your right to refund once the Purchased
Content is downloaded or the relevant purchase is made. If you are not a resident of the
European Union and your local laws do not establish mandatory regulations to the contrary,
you do not have the right to cancel your purchases once the Purchased Content is downloaded
or the relevant purchase is made. This means that once the app is downloaded and delivered,
you will be unable to cancel your order or obtain a refund. The same policy applies to
subscriptions and in-app purchases.
Cancellation of Services: You can cancel your Purchased Content by writing
to
support@bsnj.co with the cancellation request. Please note that if you purchased your
Purchased Content through the Apple App Store or Google Play, you may cancel it according
to the policies established by Apple and Google. Upon canceling your subscription, you will
not receive a refund for any fees you have already paid, and you will continue to have
access to Breeze Services until the end of your current subscription period.
Promotion and Discount Codes: Certain promotional offers may grant you
access to a free trial period. Please note that our promotion codes or offers cannot be used
in conjunction with any other promotion code or offer, whether past or present. Introductory
offers are exclusively available to new users of Breeze Services, unless expressly stated
otherwise. Previous users or trial users of Breeze Services do not qualify as new users.
Unless otherwise specified in the promotion's terms, any pricing promotions or discounts
will be applicable only during the initial subscription period, and subsequent renewals
will be charged at the non-discounted rate for the corresponding subscription type.
CHANGES TO
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.
CHANGES TO
THESE TERMS 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.
TRANSFER OF RIGHTS
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.
TERMINATION
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 consider that
you have used our Apps in violation of these Terms;
we believe there has
been unauthorised access to our Apps;
we, at our sole discretion, decide
to withdraw our Apps (whether in whole or in part);
we have a legal or
regulatory obligation imposed on us, which impacts our ability to provide our
Apps; or
for any other reason provided that we have given you thirty (30)
days' written notice by email, SMS or via an electronic communication within
our Apps.
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:
all rights granted to
you under these Terms cease (however, any liabilities incurred by you under
these Terms prior shall survive any such termination);
you must cease all
activities authorised by these Terms; and
you must delete or remove our
Apps from your device.
GENERAL This
agreement does not give rise to any rights under the Contracts (Rights of
Third Parties) Act 1999 to allow anyone other than you or us to enforce any
term of these Terms or of the Privacy Policy.
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.