AIRBRIO Services Subscription Agreement and AIRBRIO App End User Licence Agreement – terms and conditions.
Last updated: [28th November 2017]
You should print a copy of these terms or save them to your computer for future reference.
We amend these terms from time to time. Every time you wish to order from us, please check these terms to ensure you understand the terms which will apply at that time.
These terms, and any contract between us, are only in the English language.
1. These terms
1.1 What the AIRBRIO Services are: AIRBRIO is a combined product, service and health promotion concept. When you enter into a subscription contract with us, you will be provided with:
- access to an AIRBRIO Product (for the subscription period)
- personal compliance data (via the AIRBRIO App)
- access to a compliance trainer
- complimentary [12 month] service plan
- monthly emailed asthma healthcare report with personal compliance data
- best practice techniques
- personalised intervention as required by AIRBRIO team
Together these are the AIRBRIO Services.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide AIRBRIO Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We operate the website www.AIRBRIO.com. We are SmartAir Medical Limited, a company registered in Northern Ireland under company number NI628186 and with our registered office at the Clinical Translational Research and Innovation Centre, Glenshane Road, Derry/Londonderry BT47 6SB, Northern Ireland, UK which is our main trading address. Our VAT number is 203 2384 51. AIRBRIO is a registered trademark of SmartAir Medical Limited.
2.2 How to contact us. You can contact us either by telephoning our customer service team at +44(0)2871878220 or by writing to us at email@example.com or Clinical Translational Research and Innovation Centre, Glenshane Road, Derry/Londonderry BT47 6SB, Northern Ireland, UK.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK and Ireland. Unfortunately, we do not accept orders from or to addresses outside the European Union.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the AIRBRIO Product on our website are for illustrative purposes only.
4.2 Product packaging may vary. The packaging of the AIRBRIO Product may vary from that shown in images on our website.
5. Our rights to make changes
We may change the AIRBRIO Services, AIRBRIO Product and AIRBRIO App:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the AIRBRIO Services.
6. Providing the AIRBRIO Product and AIRBRIO Services
6.1 Delivery costs. The costs of delivery of the AIRBRIO Product to UK and Republic of Ireland are included in the price.
6.2 When we will provide the AIRBRIO Product and AIRBRIO Services. During the order process we will let you know when we will provide the AIRBRIO Product to you. We will begin providing the AIRBRIO Services as soon as you have downloaded the AIRBRIO App and registered as a user on our website.
6.3 Downloading the App: As soon as you have received the AIRBRIO Product, you must download the AIRBRIO App in order for us to be able to supply you with the AIRBRIO Services. You do this by downloading the AIRBRIO App from the Google Play Store and registering as a user. By doing so you agree to be bound by the AIRBRIO App end-user licence agreement (“EULA”) terms in the Schedule attached to this agreement.
6.4 How long we provide the AIRBRIO Services for: We will supply the AIRBRIO Product and Services (including access to the AIRBRIO App and website) for a minimum subscription term of six months, which shall renew automatically for successive six monthly subscription terms unless terminated by you in writing prior to the end of a six monthly subscription term, unless you end the contract as described in clause 8, or we end the contract by written notice to you as described in clause 9.
6.5 We are not responsible for delays outside our control. If our supply of the AIRBRIO Product or AIRBRIO Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any AIRBRIO Product or Services you have paid for but not received.
6.6 If you are not at home when the AIRBRIO Product is delivered. If no one is available at your address to take delivery and the AIRBRIO Product cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the AIRBRIO Product from a local depot.
6.7 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect the AIRBRIO Product from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.1 will apply.
6.8 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
6.9 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.5, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.10 When you become responsible for the AIRBRIO Product. Please note that the AIRBRIO Product at all times remains our property. Despite this it will be your responsibility from the time we deliver it to the address you gave us. It is your responsibility to keep it in good working condition.
6.11 Reasons we may suspend the supply of AIRBRIO Services to you. We may have to suspend the supply of the AIRBRIO Services to:
(a) deal with technical problems or make minor technical changes; or
(b) update it to reflect changes in relevant laws and regulatory requirements.
6.12 Your rights if we suspend the supply of the AIRBRIO Services. We will contact you in advance to tell you we will be suspending supply of the AIRBRIO Services, unless the problem is urgent or an emergency. If we have to suspend the AIRBRIO Services we will adjust the price so that you do not pay for it while it is suspended. You may contact us to end the contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance in respect of the period after you end the contract.
6.13 We may also suspend supply of the AIRBRIO Services if you do not pay. If you do not pay us when you are supposed to (see clause 11.4) and you still do not make payment within fourteen days of us reminding you that payment is due, we may suspend supply of the AIRBRIO Services until you have paid us the outstanding amounts or end the contract in accordance with clause 9. We will contact you to tell you we are suspending supply of the AIRBRIO Services. We will not suspend the AIRBRIO Services where you dispute the unpaid invoice (see clause 11.6). We will not charge you for the AIRBRIO Services during the period for which they are suspended. As well as suspending the AIRBRIO Services we can also charge you interest on your overdue payments (see clause 11.5).
7. Your rights to end the contract
7.1 You can always end your contract with us.
(a) If the AIRBRIO Product or AIRBRIO Service or AIRBRIO App is faulty or misdescribed you may have a legal right to end the contract (or to get it repaired or replaced or a service re-performed or to get some or all of your money back), see clause 8;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
(c) If you have just changed your mind about the AIRBRIO Service, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.4.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any AIRBRIO Services which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the AIRBRIO Services or to these terms which you do not agree to (see clause 6.12);
(b) we have told you about an error in the price or description of the AIRBRIO Service you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the AIRBRIO Product or AIRBRIO Services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the AIRBRIO Product or AIRBRIO Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
(e) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products and services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by us, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 8.5):
Right under the Consumer Contracts Regulations 2013 How our goodwill guarantee is more generous
14 day period to change your mind unless you have started to download the AIRBRIO App or have unsealed the AIRBRIO Product (see below). You can change your mind at any time during the contract provided that you inform us at firstname.lastname@example.org, return the AIRBRIO Product to us and that it has been properly maintained in good working order (- for a change of mind other than in accordance with the Consumer Contracts Regulations 2013, the cancellation will take effect on the first day of the following calendar month, at which date the AIRBRIO Services including access to the AIRBRIO App and your registration on our website will automatically terminate).
Consumer to pay costs of return. We pay the costs of return (but if you fail to return the AIRBRIO Product within thirty days we will charge you a full AIRBRIO Product purchase price of £250).
7.5 When you don’t have the right to change your mind. You do not have a right to change your mind (other than in compliance with our goodwill guarantee above) in respect of:
(a) the AIRBRIO App after you have started to download this; and
(b) any products which become mixed inseparably with other items after their delivery.
8. How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on +44 (0) 2871 878 220 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the End Contract Form on our website.
(c) By post. Print off the End Contract Form Download and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
8.2 Returning AIRBRIO Products after ending the contract. If you end the contract for any reason after the AIRBRIO Product has been dispatched to you or you have received it, you must return it to us. You must either post it back to us at the Clinical Translational Research and Innovation Centre, Glenshane Road, Derry/Londonderry BT47 6SB, Northern Ireland, UK or [allow us to collect it from you]. Please call customer services on +44 (0) 2871 878 220 or email us at firstname.lastname@example.org for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the AIRBRIO Product is faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the AIRBRIO Product or AIRBRIO Services or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) if you are exercising your right to change your mind.
In all other circumstances, you must pay the costs of return.
8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the AIRBRIO Product from you, we will charge you the direct cost to us of collection.
8.5 How we will refund you if the AIRBRIO Product is faulty or it or the AIRBRIO Services have been misdescribed, or if you exercise your right to cancel under the Consumer Contracts Regulations 2013. We will refund you the price you paid for the AIRBRIO Product and AIRBRIO Services, by the method you used for payment. However, we may make deductions from the price, as described below.
8.6 Deductions from refunds and charges if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) or charge you an additional net sum to reflect any reduction in the value of the AIRBRIO Product, if this has been caused by your handling it in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the AIRBRIO Product and later discover you have handled it in an unacceptable way, you must pay us an appropriate amount. If you fail to return the AIRBRIO Product, we will automatically charge you £250, being the cost to purchase an AIRBRIO Product.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
(c) In respect of the AIRBRIO Services, we may deduct from any refund an amount for the supply of this service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
8.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the AIRBRIO Product back from you or, if earlier, the day on which you provide us with evidence that you have sent it back to us.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within fourteen days of us reminding you that payment is due; or
(b) you do not, within a reasonable time, allow us to deliver the AIRBRIO Product to you.
9.2 You must compensate us if you break the contract.
(a) If we end the contract in the situation set out in clause 9.1(a) or clause 14.1, you must return the AIRBRIO Product to us and you must incur the cost of delivery. If you fail to deliver the AIRBRIO Product to us within thirty days of us having given you notice under clause 9.1, we will automatically charge you £250, being the cost to purchase an AIRBRIO Product. If you do return the AIRBRIO Product to us within thirty days of us having given you notice under clause 9.1 and the value of the AIRBRIO Product has been diminished by reason of your handling of it (other than reasonable wear and tear), then you must pay us an appropriate amount, which in the event of the AIRBRIO Product not being able to be reconditioned for resale will be £250.
(b) If we end the contract in the situations set out in clause 9.1(b) we will refund any money you have paid in advance for AIRBRIO Products or AIRBRIO Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the AIRBRIO Product or AIRBRIO Servce. We may write to you to let you know that we are going to stop providing the AIRBRIO Product or AIRBRIO Service. We will let you know at least three months in advance of our stopping the supply of the AIRBRIO Product or AIRBRIO Service and will refund any sums you have paid in advance for products or services which will not be provided.
10. If there is a problem with the AIRBRIO Product, AIRBRIO Service or AIRBRIO App
10.1 How to tell us about problems. If you have any questions or complaints about the AIRBRIO Product, AIRBRIO Service or AIRBRIO App, please contact us. You can telephone our customer service team at +44 (0) 2871 878 220 or write to us at email@example.com or at the Clinical Translational Research and Innovation Centre, Glenshane Road, Derry/Londonderry BT47 6SB, Northern Ireland, UK.
10.2 Summary of your legal rights. We are under a legal duty to supply products and services that are in conformity with this contract.
11. Price and payment
11.1 Where to find the price for the AIRBRIO Services. The price of the AIRBRIO Services (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the AIRBRIO Services advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the AIRBRIO Services, we will adjust the rate of VAT that you pay.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the AIRBRIO Service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the AIRBRIO Service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
11.4 When you must pay and how you must pay. We will invoice you monthly in advance for the remainder of the AIRBRIO Services. You must pay each invoice within thirty calendar days after the date of the invoice.
11.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of Ireland at Belfast from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. 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 this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the AIRBRIO Services; and for defective products under the Consumer Protection Act 1987
12.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
12.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. How we may use your personal information
13.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
13.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
13.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.
14. Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within two weeks of us telling you about it and we will refund you any payments you have made in advance for AIRBRIO Services not provided. However the provisions relating to the return of the AIRBRIO Product in clause 9.2(a) shall have effect.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if the proposed transfer involves the AIRBRIO Services bought under this contract being provided to a second patient.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 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. For example, if you miss a payment and we do not chase you but we continue to provide the AIRBRIO Services, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Northern Irish law and you can bring legal proceedings in respect of the products in the Northern Irish courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the Northern Irish courts. If you live in England and Wales you can bring legal proceedings in respect of the products in either the Northern Irish or the English and Welsh courts.
14.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Dispute Resolution Service, Northern Ireland Law Society via their website at www.mediatorsni.com. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Schedule 1 Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To: AIRBRIO, Clinical Translational Research and Innovation Centre, Glenshane Road, Derry/Londonderry BT47 6SB, Northern Ireland, UK or to firstname.lastname@example.org
(b) Online. Complete the End Contract Form on our website.
(c) By post. Print off the End Contract Form Download and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
© Crown copyright 2013.
END USER LICENCE AGREEMENT
WHAT THIS SCHEDULE DOES
We license you to use:
• AIRBRIO mobile app and web-based app and any updates or supplements to both.
• The related online documentation (Documentation).
• The service you connect to via the App and the content we provide to you through it (Service).
as permitted in these terms.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
GOOGLE PLAY STORE’S TERMS ALSO APPLY
The ways in which you can use the App and Documentation may also be controlled by the Googe Play Store’s rules and policies https://play.google.com/intl/en-us_us/about/play-terms.html.
OPERATING SYSTEM REQUIREMENTS
This App operates on an Android platform. Users require a compatible Smartphone with minimum KitKat (version 4.0) / supporting Bluetooth 4.0.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.AIRBRIO.com.
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at email@example.com or call them on +44 (0) 2871878220.
How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
personal purposes only or for the purposes of someone for whom you are a carer and whose permission you warrant that you have received to input and use their data, including sensitive personal data.
• use any Documentation to support your permitted use of the App and the Service.
• receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND BUY THE APP
You must be 18 or over to accept these terms and buy the App.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
CHANGES TO THESE TERMS
We may need to change these terms to to reflect changes in relevant laws and regulatory requirements; and to implement minor technical adjustments and improvements, for example to address a security threat.
UPDATE TO THE APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other 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 phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
• not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
• not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
• is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
• is not used to create any software that is substantially similar in its expression to the App;
• is kept secure; and
• is used only for the Permitted Objective;
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
ACCEPTABLE USE RESTRICTIONS
• not use the App or any Service 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 the App, any Service or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
ENDING YOUR RIGHT TO USE THE APP
Once the contract has ended for whatever reason, you must stop all activities authorised by these terms, including your use of the App and any Services. You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this. We may remotely access your devices and remove the App from them and cease providing you with access to the Services. We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.