PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING AND/OR CONTINUING TO USE THE APP AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING THE APP.
THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US AND WE RECOMMEND THAT YOU PRINT AND KEEP A COPY OF THEM.
WHO WE ARE
We are Sportbuddy.io Ltd (company number 09953421) and our address is GPG House, Walker Avenue, Milton Keynes, Buckinghamshire, MK12 5TW (referred to as "we" or "us" or "our"). We are the providers of the SportBuddy.io mobile application software (referred to as the "App").
A reference to "you" or "your" is a reference to a user of our App or any of the services accessible through the App (referred to as "Services").
- 1.2 Please read these terms carefully before you download or start to use our App. If you do not agree to be bound by these terms, we will not license the App to you and you must not download or use this App.
- 1.3 In consideration of you agreeing to abide by these terms, we grant to you a non-transferable, non- exclusive licence to download and use the App on any compatible device (referred to as a "Device") subject to these terms and any conditions, rules or policies applied by any Appstore.
- 1.4 These terms apply to the App or any of the Services, including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms in this policy.
- 1.5 We do not sell the App to you. We remain the owners of the App at all times. We reserve all rights in the App.
- 1.6 If you are not the owner of the Device, you confirm that you have permission from the owner(s) to download the App onto the Device. You and they may be charged by your and their service providers for internet access on the Device. You accept responsibility in accordance with these terms for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
- 1.7 By using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information that you send to us or another user via 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.
- 1.9 Certain Services will make use of location data sent from the Devices. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may withdraw this consent at any time by turning off the location services settings for the App on the Device.
2 OUR RIGHTS AND INTELLECTUAL PROPERTY
- 2.1 The copyright and all other intellectual property rights in the App (including all, database rights, trade marks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). All rights are reserved.
- 2.2 You have no right to access the App in source code form.
- 2.3 The App may contain links to websites operated by third parties. We have no control over their individual content. We make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this App, you do so at your own risk.
3 LICENCE RESTRICTIONS
- 3.1 Except as expressly set out in these terms or as permitted by any local law, you agree:
- 3.1.1 not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
- 3.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
- 3.1.3 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
- 3.1.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent you are permitted by law because of an essential need to achieve inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
- 188.8.131.52 is used only for the purpose of achieving inter-operability of the App with another software program;
- 184.108.40.206 is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- 220.127.116.11 is not used to create any software that is substantially similar to the App;
- 3.1.5 to keep your copy of the App secure;
- 3.1.6 not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
- 3.1.7 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
4 ACCEPTABLE USE RESTRICTIONS
- 4.1 You must:
- 4.1.1 not use the App for any commercial purpose;
- 4.1.2 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, including viruses, or harmful data, into the App or any Service;
- 4.1.3 not use any scraping technology on the App and any use or attempted use of an automated program shall be a misuse of our system and this App;
- 4.1.4 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);
- 4.1.5 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- 4.1.6 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
- 4.1.7 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.
- 5.1 Whilst we endeavour to ensure that the App is not contaminated in any way, we do not warrant that the App will be free from malware, infection, viruses and/or similar code. We do not charge you for downloading the App and we provide the App “AS IS” and without warranty. We do not warrant that your access to, or the running of, the App will be uninterrupted or error free. We may suspend, withdraw, discontinue or change all or any part of the App without notice. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
- 5.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App or any content on it, whether express or implied.
- 5.3 If you are a consumer, any rights that you have in law are unaffected by this clause 5.
6 LIMITATION OF LIABILITY
- 6.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
- 6.2 We are only responsible for loss or damage that you suffer that is a foreseeable result of our breach of the terms or our negligence but we are not responsible for unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the terms.
- 6.3 We will not be liable for any failures due to internet errors or unavailability, or any other circumstances beyond our reasonable control, for example failure of third party hardware or software.
- 6.4 We only provide the App for domestic and private use. You agree not to use the App for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
- 6.5 We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your Device, computer equipment or other proprietary material due to your use of or downloading the App or use of any website linked to it.
- 6.6 If you choose to contact another user using functionality provided by or facilitated via the App, your details (including your name, age, email address and the sports you are interested in) will be
sent to the user that you are contacting. We do not accept any liability for any subsequent communications that you receive directly from that user.
- 6.7 Nothing in these terms shall be deemed to limit or exclude our liability for death or personal injury arising from our negligence, or for fraud or fraudulent misrepresentation.
- 7.1 We may terminate these terms immediately by written notice to you if we have reason to believe that you have breached the terms and you have failed to remedy the breach (if remediable) within 14 days after the service of written notice requiring you to do so.
- 7.2 You can terminate these terms at any time by uninstalling the App.
- 7.3 On termination for any reason:
- 7.3.1 all rights granted to you under these terms shall cease;
- 7.3.2 you must immediately cease all activities authorised by these terms, including your use of any Services;
- 7.3.3 you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App in your possession, custody or control and certify to us that you have done so upon our request.
8 BARRING FROM THE APP
- 8.1 We reserve the right to bar users from this App and/or restrict or disable their access or use of any or all elements of the Services, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not attempt to use the App under any other name or through any other user.
9 COMMUNICATION BETWEEN US
- 9.1 If you wish to contact us in writing, or if any condition in these terms requires you to give us notice in writing, you can send this to us by e-mail to firstname.lastname@example.org or by post to the address provided at the beginning of these terms.
- 9.2 If we have to contact you in writing, we will do so by e-mail to the e-mail address you provide to us in your request for the App.
10 OTHER IMPORTANT TERMS
- 10.1 We may transfer our rights and obligations under these terms to another organisation, but this will not affect your rights or our obligations under these terms.
- 10.2 If a court decides that any part of these terms cannot be enforced, that particular part of these terms will not apply, but the rest of these terms will. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these terms shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these terms. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms.
- 10.3 Please note that these terms and their subject matter and formation (including any non-contractual dispute or claim) are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland, you may also bring proceedings in Scotland.
- 10.4 If you are a business, these terms and their subject matter and formation (including any non- contractual disputes or claims) are governed by English law and will be subject to the exclusive jurisdiction of the English courts.
11 CHANGES TO THESE TERMS AND UPDATES
- 11.1 We may change these terms at any time by sending you an e-mail with details of the change or notifying you of a change when you next start the App. Amended terms and conditions will be made available with new uploads or updates of the App and will be displayed in the terms and conditions page of the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App. In any event, please check the terms and conditions section of the App from time to time to take notice of any changes that we have made, as you will be deemed to accept such changes from your continued use of the App.
- 11.2 We may from time to time update the App, change its content or layout or suspend or discontinue any aspect of the Services. Such amendments may not apply to you until you have downloaded the latest version of the App from one of the Appstores. Subject to our notifying you to the contrary, any amendments will be subject these terms.