TERMS AND CONDITIONS
BY USING THIS APP/WEBPAGE OR SUBSCRIBING FOR A MEMBERSHIP WITH US, YOU AGREE TO THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS APP AND/OR WEBPAGE.
1. Introduction
- The following Terms and Conditions govern the use of a mobile application_BOKST__ and the website bokst.co as may be downloaded, browsed, or otherwise accessed by a User on a mobile device or other electronic device, hereinafter referred to as “App”, “We”, “Us” or “Our”.
- These Terms and Conditions alongside with Our Privacy Policy, form the basis of contract between the App, its Owner and its Users, who view, browse, log in or anyhow use the information contained on this App, hereinafter referred to as “Users”, “You” or “Your”.
- This App is owned and operated by BOKST Ltd, a company incorporated under the laws of United Kingdom with registered number ____________ and having its principle office registered at_______________, hereinafter referred to as the App “Owner” or the “Company”.
- Your access and use of the information contained herein is subject to the following Terms and Conditions and all the applicable laws. By accessing, downloading, using and browsing this App and by subscribing to our Services, you accept, without limitation or qualification, these Terms and Conditions.
- These Terms and Conditions constitute a binding contract between You and the App Owner. If you do not agree to any part of these Terms and Conditions you must stop using this App and Webpage and/or notify Us immediately at support@bokst.co.
- Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of this App/ Webpage. If you do not agree to these Terms and Conditions, please stop using this App immediately and do not download this App.
- Any products and/or services displayed on this App are not representative of all products and services available in the market.
2. Definitions and Interpretation
“Content”
“in writing”/ “written”
when communicated in any written form, including letters, e-mails and any other electronic correspondence when written by one Party and expressly accepted by the other through the same means of communication .
“Website” / “Webpage”
means www.bokst.co
“Member”
means an individual or organisation that has successfully registered an account and/or registered with our App/Webpage for the provision of Services, as defined in these Terms and Conditions below. A Member can be, without limitation, an event organiser, promoter, venue, sportsman, performer, agent, team leader, and any other person involved in the organisation of such events or who may be otherwise interested in becoming a Member for our Services.
“Membership”
means subscription to our Service, provided by this App and its Owner, which entails the rights and obligations of a Member, arising out of it, as per these Terms and Conditions below.
“Parties”
means any and all parties hereby mentioned and bound by these Terms and Conditions, including but not limited to the App, the Company and the Users.
“Personal Information”
means any information relating to an identified or identifiable natural person and the information referred to in Our Privacy Policy and Cookies Policy.
“Appstore”
means any website or platform, from which the App can be downloaded, which may be owned or operated by another corporate body for whom the software supplier developed the mobile app, or otherwise. This could be a smartphone manufacturer or a mobile network operator or, more typically, a distribution platform.
“Ticket(s)”
means primary event tickets and/or such tickets which may be allocated to us directly from time to time by the Members for sale through our platform.
“Service”
means collectively any online facilities, tools, services or information that the App Owner makes available through the App either now or in the future as well as the provision of services defined in Section 2 of these Terms and Conditions;
“System”
means any online communications infrastructure that the App Owner makes available through the App either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“Use”
means but not limited to use, copy, publicly perform or display, distribute, modificative, translate and/or create derivative works through this App.
“User” / “Users”
means any third party that accesses the App and is not employed by the App Owner and acting in the course of their employment;
- For the avoidance of doubt, any use of terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
- Unless the context otherwise requires, any use of terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
- Headings in these Terms and Conditions are for convenience only and will have no legal meaning or effect.
- A reference to a statute or a statutory provision is a reference to it as it is in force for the time being, as of the date of these Terms and Conditions, taking account of any amendment, extension, or re-enactment and including any subordinate legislation for the time being in force made under it.
- A “person” shall include a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns.
3. Use of this App/ Webpage
- The Users may not, whether through the use of additional software or by any other means: data mine or conduct automated searches on the App or the data contained in it, access, monitor or copy any content or information of this App using any robot, spider, scraper or other automated means or any manual process for any purpose without Our express written permission.
- The Users may not take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
- The Users may not use techniques to “frame”, “mirror” or otherwise incorporate any part of this App into any other App without Our prior written authorisation.
- As a condition of Your use of this App, You warrant to the Company that You will not use this App for any purpose that is unlawful or prohibited by these Terms and Conditions or otherwise prohibited by law anywhere in the world.
- The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- The App Owner accepts no liability for any disruption or non-availability of the App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- The App does not provide any warranty or representation that it is free from infection by viruses or anything else that has contaminating or destructive properties.
4. The Services
- The App is designed to provide a tool to connect its Users based on their interests in without limitation, combat sports, to allow the Members of the App to make the relevant promotions in combat sports industry, to sell and promote tickets to such sports events and any other services as may be updated and provided by the App Owner from time to time (“Services”).
- This App can be used to sell Tickets and associated products and services on behalf of our Members, including without limitation, event organisers, promoters, venues, sportsmen, performers, agents, teams, and other persons involved in the organisation of such events.
- For the avoidance of doubt, we are not responsible for organising or delivering the events themselves.
- Please note, Tickets cannot be exchanged or refunded after purchase, save as set out in these Terms below. If You no longer want Your Tickets and You are not eligible for an exchange or refund, we suggest that, You contact the relevant organiser (Member) directly. We are not responsible for cancellations and it will be a Member’s decision to issue a refund.
- Nothing in these Terms affects your statutory rights as a consumer. For further information about your statutory rights, please contact Citizens Advice.
5. Our Responsibilities
- Subject to these Terms and Conditions, we shall provide our Services to You, including but not limited to Membership, including the ability to use our App to promote your events and/or yourself or other persons, we also provide hosting and maintaining this App, providing you with a support network, facilitating the formation of any arrangements between You and the Company, sharing any relevant content or otherwise.
- We shall provide and share our Services to the Members, including without limitation any specific content, unless otherwise agreed in writing.
- We may keep You informed of all activities related to your specific requirements by means agreed with You.
- We shall act in accordance with all reasonable instructions given to Us by You and provide the Services with reasonable skill and care, commensurate with prevailing standards in the United Kingdom.
- We shall be responsible for ensuring that we comply with all statutes, regulations, bylaws, standards, codes of conduct and any other rules relevant to the provision of the Services and We shall keep you informed of all activities related to the Services by means agreed with You and we shall act in accordance with all reasonable instructions given by You.
- We shall use all reasonable endeavours to accommodate any reasonable changes in the Services that may be requested by you, subject to your acceptance of any related reasonable changes to the fees that may be due as a result of such changes.
- The App is designed for convenience purposes only, it aims to provide an intelligent database for the Users to make relevant searches, purchases, manage their needs and network. Notwithstanding, We shall make all reasonable efforts to ensure that the content that we provide shall be of reasonable standard for the purposes of Your needs.
6. Members
- As per our Services, as defined above, the App is a marketplace where Users and Members can identify each other and advertise, promote, buy, and sell Tickets and other relevant services within Our Services online. Subject to the Terms, We provide our Services to Users, including hosting and maintaining the Site, facilitating the sale of Tickets, and assisting Users in resolving disputes which may arise in connection with those Services. For the avoidance of doubt, the Members are solely responsible for the provision of their own Services and for the sale of their own Tickets. The App / Webpage is merely a platform, which offers Members limited Services, as defined by these Terms.
- The App Owner merely makes the Webpage and App to enable Users and Members to find and transact directly with each other. The App does not introduce other Users to Members, assists with event or facilitates any sales, apart from what is set in these Terms. Through the App and App Services, Members may be notified of Users that may be seeking the services they offer, and Users may be notified of Members that may offer the services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any event, service or Membership on their own. If Users decide to enter into a Service Contract, the Service Contract is directly between the Users and the Members and the App’s Owner is not a party to that Service Contract.
- As a part of our Services, we may offer our Users to have exclusive accounts “Memberships”. The Membership should include without limitation any and all Services as explained above, unless otherwise agreed in writing. The Memberships details are as follows:
- Through the Membership, you should get access to our on-site community and be able to use any features we offer exclusively for Our Members.
- To register for an Account to become a Member and make the relevant Ticket sales, promotions or offer other services within Our Services, you must complete a User profile (“Profile”), parts of which you consent, may be shown to other Users and, unless you change your privacy settings or notify us in writing, to be shown to the public. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the App or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading.
- Any Membership does not have a termination period and can be cancelled at any time by You by contacting Us in writing and in accordance with these Terms and Conditions.
7. Your Responsibilities
- Each User acknowledges and agrees that the relationship between Users of this App is that of an independent contractor. Nothing in these Terms and Conditions creates a partnership, joint venture, agency or employment relationship between Users.
- You shall use all reasonable endeavours to provide all pertinent information to us that is necessary for our provision of the Services. Such information shall include, but not necessarily be limited to the content that you require, the outcomes to be expected, the information that you seek.
- You shall acknowledge that We may, with or without reasons, at Our absolute discretion, reject any offers that we cannot perform for whatever reason or reject any User or Users from using Our Services.
- When you create an account to have a Membership with Us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the App.
- You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account and in accordance with our Privacy Policy. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our App or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- We do not tolerate any unsolicited offers and/or any harassment between the Users of this App. If We become aware of any such correspondences and/or offers we shall terminate your account and/or your Membership with Us with immediate effect.
- We reserve the right to refuse service, terminate accounts, remove or edit content, cancel Memberships, change our pricing policy and charges in our sole discretion and in accordance with these Terms and Conditions.
- You can terminate your account by emailing us at support@bokst.co and in accordance with these Terms and Conditions and your specific Membership and/or terms of use, if any.
- You may, from time to time, issue reasonable instructions to Us, in relation to the provision of the Services. Any such instructions should be compatible with the specification of the Services provided in these Terms and Conditions and is subject to our acceptance in writing.
- In the event that we require the decision, approval, consent or any other communication from you in order to continue with the provision of the Services or any part thereof at any time, you shall provide the same in a reasonable and timely manner.
- If any consents, licences or other permissions are needed from any third parties such as permissions relating to copyright, work permits and other applicable permits it shall be Your responsibility to obtain the same in advance of the provision of our Services (or any relevant part of it thereof).
- For the avoidance of doubt, You shall NOT contribute any Content, or parts of the content, that infringes or may infringe the intellectual property rights of third parties. You agree to indemnify the App and its Owners against any legal disputes arising from such infringement. You, therefore, agree, represent and warrant that, to the best of your knowledge, You shall not violate any third party’s copyrights, trademarks, patents or other intellectual property rights and that no other person or entity has the right to claim any right related to any intellectual property and anything you may post on the App.
- Any delay in the provision of the Services resulting from your failure or delay in complying with any of the provisions shall not be the responsibility or fault of ours.
- You will fully co-operate and assist the us in complying with our duties under these Terms and Conditions and, as provided in the applicable law.
8. Your Account
- To use certain features of our Services and/or Membership, you may be required to create account (an “Account”) and provide us with a username, password, and certain other information about yourself as set forth in the Privacy Policy.
- You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify Us if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with your Account and enable two-factor authentication.
- You will not license, sell, or transfer your Account without our prior written approval.
9. Your Content
- The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created or submitted as part of Our Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.
- By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
- You retain any ownership rights you have in Your Content, but you grant Us the following license to use that Content: When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Us. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
- Any ideas, suggestions, and feedback about Us or our Services that you provide to us are entirely voluntary, and you agree that We may or may not use such ideas, suggestions, and feedback without compensation or obligation to you.
- Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, violating any law, or if you otherwise create or are likely to create liability for Us.
10. Breaches and security
- When using or accessing the App, you must comply with these Terms and all applicable laws, rules, and regulations.
- You CANNOT Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services.
- You CANNOT access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services.
- Use the Services to violate applicable law or infringe any person’s or entity’s intellectual property rights or any other proprietary rights.
- Use the Services in any manner that we reasonably believe to be an abuse of or fraud on the App, its Owner any User or any payment system.
- We encourage you to report content or conduct that you believe violates these Terms or any of our policies. We also support the responsible reporting of security vulnerabilities. To report a security issue, please email support@bokst.co, through our contact form at bokst.co or via the support section of the BOKST mobile app.
- Whilst we will aim to do our best to monitor and moderate the activities of other Users, we do not hold any responsibility whatsoever for the behaviour of other Users that you may connect to using this App. Any behaviour that contradicts these Terms or our Privacy Policy shall be immediately reported to us in the App or by breach@bokst.co
- We reserve the right to terminate your account for any breach of our Terms or for any security breaches or other breaches at any time.
11. Fees, Payment and Taxes
- The App shall provide You with all information required to wire funds to the Company in accordance with these Terms and Conditions for the Services and/or any specific Membership.
- If you are a Member and expect to be paid due to Ticket sales or other Services provided by the App, the following terms shall apply:
Our Service Fees:
- The Members may be asked to pay the App and its Owner a service fee for the use of the App Services, including the communication, invoicing, reporting, sale of Tickets, dispute resolution and payment services (the “Service Fees”). The Service Fees (to use the App Services) are paid solely by the Member. When a User pays a Member for whatever reason through Our App or Webpage, or when funds related to a Ticket sale or are otherwise released to a Member, the App will credit the Member’s Account BUT will subtract and disburse to the App Owner the relevant Service Fee. For the avoidance of doubt, the Service Fee shall ALWAYS be communicated in writing or clearly displayed on the App. Any changes to the Service Fee will be communicated in writing as per these Terms and Conditions.
- The Member hereby irrevocably authorises and instructs the App to deduct the Service Fee and pay the App on Member’s behalf.
- Disbursement Fees. Member will pay the App a disbursement fee for remitting payments to their preferred payment method (“Disbursement Fee”). The Disbursement Fee is paid to the App in consideration of costs incurred and administration of disbursements via the disbursement method requested by the Member and varies by disbursement method. The Disbursement Fee for each disbursement method is listed under Fees and Schedules on the App, as revised from time to time. In addition to fees charged by the App, your disbursement method may also charge activation, maintenance, or other account fees.
Member Payment Protection
- If you are a Member and you have used our Services to sell Tickets for events or otherwise sell an applicable service through Our App, We guarantee that you will get paid, in accordance with these Terms and any information provided on Our App or Webpage, provided that the relevant event took place and was not cancelled for whatever reason and that the Tickets have been purchased by the Users via our Website.
- To get a Membership with Us, or to buy Tickets or for any other Services, You will be asked to supply your banking details, including without limitation, your credit/debit card number for Direct Debit charges, expiration date, CCV and billing address.
- All payments shall be processed immediately through a third-party service. We are not responsible for the retention or safety of your billing information that is collected by the third-party service, unless otherwise specified in our Privacy Policy.
- You hereby represent and warrant that You have the legal right to use any payment method(s) in connection with any purchase and /or other transaction that the information you supply to Us is true, correct and complete to the best of Your knowledge.
- We have the right to refuse or cancel your Membership or account if fraud or an unauthorized or illegal transaction is suspected. If fraud or an unauthorized or illegal transaction is suspected, we have the right to contact law enforcement to report the above actions and to provide your information and in accordance with our Privacy Policy.
- Any fees displayed on the App/website and any of its pages at the time of downloading or viewing shall prevail, unless otherwise agreed in writing. We reserve the right to monitor and update our fees on a case-by-case basis at any time. We shall inform You of any and all such changed.
- For the avoidance of doubt, from time to time we may need to increase any prices, as displayed on our App or Webpage. We will give you notice, as soon as reasonably possible, of any incoming price increase and will make it very clear when the price increase will take effect. During this period, you will have your usual right to terminate your Membership in accordance with these Terms and Conditions. If you do not terminate the Membership by the date given to you in the notice, then the price of your membership will be increased in accordance with our notice.
- You shall pay all the applicable taxes and funds that arise, relating to any payments and transactions as per this clause, including but not limited to banking fees, from your own funds.
12. Tickets
- All purchases are subject to credit or debit card verification (if applicable), other security checks, and collection of payment by us. Your order may be cancelled if it has not passed our verification process or if payment is not received in full. In rare circumstances, if your payment is recalled by the associated bank or payment provider, we reserve the right to cancel and refund any order for which an order confirmation has been sent. We accept no responsibility or liability for such cancellations, as these are outside our control.
- Any Ticket you purchase from a promoter remains the property of the relevant Member and is a personal revocable licence which may be withdrawn, and admission refused, at any time. The Member is solely responsible to authorise a refund.
- We will not be responsible for any Tickets that are lost, stolen, damaged or destroyed following receipt or collection by you. Please note that direct sunlight or heat can sometimes damage physical Tickets. Furthermore, we strongly recommend that you do not post pictures or details of your Tickets online as this may allow third parties to counterfeit your Tickets or otherwise compromise the integrity of the Tickets and we will not be liable if you are refused entry to the event as a result.
- Tickets are sold subject by the Members, who hereby have a right to alter or vary the programme of an event due to events or circumstances beyond its reasonable control without being obliged to refund monies or exchange tickets, unless otherwise required by law.
- If an event is cancelled, rescheduled or materially altered, we will use reasonable endeavours to notify the User once we have received the relevant information and authorisation from the Member (if you book online, we will use your account details). However, we cannot guarantee that you will be informed of such cancellation, rescheduling or alteration before the date of the event. It is your responsibility to ascertain whether an event has been cancelled, rescheduled or altered and the date and time of any rescheduled event.
Cancellation:
- If an event for which You have purchased Tickets is cancelled in full (and not rescheduled), your order will be cancelled, and you will be refunded the Price of your Tickets (Service Charges and Order Processing Fees are non-refundable). If you have purchased Tickets for an event that takes place over several days and one or more days (but not all days) are cancelled, you may only be offered a proportionate partial refund. For the avoidance of doubt, a Member will not receive any payment for a cancelled event.
- We accept no responsibility to refunds. Although we will do our upmost to support spectator members, any refunds are the sole responsibility of the relevant member.
- Rescheduling: If an event for which you have purchased Tickets is rescheduled, Tickets will usually be valid for the new date (or you will be offered Tickets of a value corresponding with your original Tickets for the rescheduled event, subject to availability).
- Material Alteration: If an event for which you have purchased Tickets that is “materially altered” (a “material alteration” is a change (other than a rescheduling) which, in our and the relevant Member’s reasonable opinion, makes the event materially different to the event that purchasers of Tickets) such Tickets will usually be valid for the altered event but may be refunded, subject to Your separate agreement with the relevant event organiser -Member.
13. Termination and Refunds
- You can terminate your Membership at any time, by choosing the relevant option online if available, cancelling or by emailing us at support@bokst.co
- Any refunds may be subject to the relevant Appstore, where you have downloaded the App. You are responsible to read the Appstore’s Terms and Conditions for any refunds and cancellations.
- You are generally not eligible for any refunds when you choose to make a purchase through Our App, unless the event has been cancelled, subject to these Terms and Conditions and to any individual arrangements with the relevant Member, as per these Terms and Conditions.
- Should the event be cancelled, You may be refunded automatically. To claim a refund yourself, please follow the instructions we provide to you or email support@bokst.co (or such other address as notified to you by us). Where we instruct you to do so, you must enclose or return to us your unused Tickets and comply with any other instructions from us.
- Refunds will be made using the same means of payment as you used for the initial purchase.
14. Change of services
- All descriptions and other details provided in relation to the Services are subject to confirmation by us and may be changed without notice.
- All services are subject to upgrades, and the Service you receive may change in function at a later date. It is your responsibility to check with Us if all the applicable Services are available.
- We will rely upon your instructions being correct when requesting a Service and reserve the right to refuse to withdraw such Services which are no longer required.
15. Warranties
- The App and its Owner make no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the App, the information contained on the App, your Personal information or material and information transmitted over the system.
- You are responsible for obtaining access to the Services provided by this App and agree that access to these services may involve third-party fees (including by not limited to Internet service provider or airtime charges). You agree to be responsible for those fees and will not hold the App and its Owner liable for any disputes which may arise with third parties whether or not referred to by this App.
- The App and its contents are provided on an “as is” and “as available” basis. This means that the App and its Owner do not make any promises in respect of the quality, completeness or accuracy of the information published on or linked to from the App.
- To the fullest extent allowed by applicable law, the App disclaims all warranties, representations, conditions and duties of any kind, including without limitation, any warranties of satisfactory quality, merchantability or of fitness for a particular purpose.
- The App does not provide any warranty or representation that it is free from infection by viruses or anything else that has contaminating or destructive properties.
16. Exclusions and Limitations
- This section limits the responsibility and liability to You for your use of this App and its content or in respect of any third-party products or services that we refer to or link to on the App.
- The App and/or its Owner accept no financial responsibility to You arising from Your use of the App or any of its content.
- In no circumstances do we accept responsibility for your use of third-party Sites or in respect of any third-party products. By Third Party Sites we mean Apps, online or mobile services provided by third parties, including Apps of advertisers and sponsors that may appear on this App. By Third Party Products we mean products or services provided by third parties.
- It is not commercially possible for the App to accept any responsibility for Your personal use of any information provided at the App or the way any user decides to use this information.
- Content (including any information we publish regarding Third Party Products) is only for information purposes and is not intended to address Your particular requirements.
- Any information that you receive from the App, whether or not it is classified as “real time”, may have stopped being current by the time it reaches you.
- The information on this App is provided on an “as is” basis. To the fullest extent permitted by law, the App and its Owner excludes all representations and warranties relating to this App and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this App’s literature; and excludes all liability for damages arising out of or in connection with your use of this App. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
- To the maximum extent permitted by law, the Owner accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the App or any information contained therein. Users should be aware that they use the App and its Content at their own risk.
- Nothing in these Terms and Conditions excludes or restricts the Owner’s liability for death or personal injury resulting from any negligence or fraud on the part of the Owner.
- Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977 (UK). However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.
17. Intellectual Property
- All Content included on the App, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of the Owner of this App, our affiliates or other relevant third parties or Members who may publish such content on our App. By continuing to use the App you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
- You may not reproduce, copy, distribute, store or in any other fashion re-use material from the App unless otherwise indicated on the App or unless given express written permission to do so by the Owner.
- Material from the App may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
- All copyrights trademarks patents and other industrial or intellectual property rights which may arise as a result of, or be displayed or incorporated in, any written or printed material or any brochure which we may produce either our property or that of third parties and is not to be reproduced used or exploited in any manner whatsoever. You will indemnify us from and against all costs claims and liabilities which we may suffer incur as a result of you using reproducing or exploiting any such industrial or intellectual property rights without the consent of the proprietor.
- The copyright in and to the Terms and Conditions belongs to the Owner. Any copying of the Terms and Conditions without the Owner’s prior written permission constitutes an infringement of our legal rights.
18. Links to Other Websites or mobile applications
- This App may contain links to other sites. Unless expressly stated, these sites are not under the control of the Owner of this App or that of Our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this App does not imply any endorsement of the sites themselves or of those in control of them.
- We do not monitor or review the content of other party’s Apps which are linked to from this App. Opinions expressed or material appearing on such Apps are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our Users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. The App and its Owner will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
19. Severability
- All provisions of any relevant Terms and Conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant Terms and Conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non script and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
20. Privacy
- For the purposes of applicable data protection legislation, the Owner will process any personal data you have provided to it in accordance Privacy Policy available on this App or on request from the Owner as per our Privacy Policy.
- You agree that, if you have provided Us with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Us and (2) that you have brought to the attention of any such third party the Privacy Policy available on this App or otherwise provided a copy of it to the third party. You agree to indemnify the Owner in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
21. No Waiver
- In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
- In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Children
- Children under the age of 18 are not allowed to create an account or otherwise use the Services. Additionally, if you are in the EEA, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have obtained verifiable consent from your parent or legal guardian.
24. Notices
- All notices / communications shall be given to us either by post to our Premises (see address above) or by email as per our Contact details stated in our Privacy Policy and these Terms and Conditions. Such notice will be deemed received 5 working days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
25. Law and Jurisdiction
- These Terms and Conditions are subject to English law and the courts of England and Wales and will have an exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions.
- For the exclusive benefit of this App and to the extent possible in the applicable jurisdiction, the App will retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms and Conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these Terms and Conditions or (if different) the country of your principal place of business.
- Any relevant Terms and Conditions, policies and notices shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of England and Wales in respect of any disputes arising in connection with the App, or any relevant Terms and Conditions, policies and notices or any matter related to or in connection therewith.
- The Parties shall seek to resolve any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, including without limitation, any dispute regarding the enforceability of any provision, through good faith negotiations between them within 1 calendar month of any notice of dispute being served or such longer period of time as may be mutually agreed between the Parties.
- If the Parties are unable to resolve the dispute in accordance with clause above, and one or both Parties desire to pursue the dispute, any such dispute, controversy or claim arising out of these terms and conditions or this Agreement including the validity, invalidity, breach or termination thereof, shall be settled first by the arbitration in the United Kingdom.
26. Force Majeure
27. Changes to these Terms and Conditions
- The App reserves the right to update these Terms and Conditions for legal or regulatory reasons, or to reflect changes in our services or business practices. The App shall have the right at any time, to change, modify, add, or delete the terms and conditions applicable to your use of the App or any part thereof. Any changed Terms shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting the changed terms on the App, by electronic or conventional mail, or by any other means by which you obtain notice thereof as per our Privacy Policy. Any use of the App by you after such notice shall be deemed to constitute acceptance by you of the changed terms.
- The App may at any time modify any relevant Terms and Conditions, Policies or notices. You acknowledge that by visiting the App from time to time, you shall become bound to the current version of the relevant Terms and Conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the App.
28. Entire Agreement
- These App’s Terms and Conditions constitute the record of the agreement between the Parties regarding this App and supersedes any prior agreements in relation to your use of the App.
- Neither You nor the App and its Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these rules supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the App and its Owner in respect of your use of this App.
- If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect.
- Failure by either Party to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
- If We fail to enforce any of the rights under these Terms and Conditions, it will not be considered a waiver. Any amendment to or waiver of this statement must be made in writing and signed by us. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Agreement shall prevent us from complying with the law. This Statement does not confer any third-party beneficiary rights. These Terms and Conditions form part of the Agreement between the You and the App Owner. Your accessing of this App indicates your understanding, agreement to and acceptance of our Privacy Policy and the Terms and Conditions contained herein. We acknowledge that the Users’ statutory Consumer Rights remain unaffected.