App Terms & Conditions
SOCIABILITY APP – END USER LICENCE AGREEMENT
Last Modified: 11 June 2019 | Effective Date: 11 June 2019
By downloading and using the SociAbility App, you agree to be bound by these SociAbility Terms. If you do not agree to the SociAbility Terms, you should not download or use the SociAbility App.
The SociAbility App is intended for use in the United Kingdom.
TABLE OF CONTENTS
Scope of Licence
Changes to this EULA
Privacy & Personal Information
Changes to the SociAbility App
Telecommunications Network Operator
Limitation of Liability
Governing Law and Jurisdiction
Third Party Beneficiaries
1. Scope of Licence
SociAbility Ventures Ltd, its subsidiaries and affiliates (“our”, “we”, “us”, “SociAbility”, “SociAbility Ventures”, “provider”) grants you a limited non-transferable licence to install and use the SociAbility App on any supported mobile device or operating system (an “Authorised Device or OS”). Your download of the SociAbility App ("SociAbility App, App") is subject to and conditional upon the terms of download or installation imposed by the operator of the store or shop where you download the SociAbility App from (the “Store Rules”).
You must not:
use the SociAbility App on any mobile device that you do not own or control;
distribute or make the SociAbility App available over a network where it could be used by multiple devices at the same time;
rent, lease, lend, sell, redistribute or sublicense the SociAbility App; or
copy (except as expressly permitted by this licence and the Store Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the SociAbility App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the SociAbility App).
Nothing in this EULA shall give you or any other person any right to access or use the source code, or constitute any licence of the source code, of the SociAbility App.
If you breach the terms of this licence, you may be subject to prosecution and damages. No breach of any provision of this EULA by you shall be waived except with the express written consent of SociAbility.
2. Changes to this EULA
SociAbility reserves the right to revise this EULA from time to time. We will update the ‘Last Modified’ and ‘Effective Date’ at the beginning of this EULA when we make any change. If you do not agree with this EULA at any time, you should cease using the SociAbility App and delete it from your device. Your continued use of the SociAbility App constitutes your continued agreement to the current EULA.
3. Privacy & Personal Information
4. Intellectual property
The design, trademarks, service marks, logos and branding displayed on the SociAbility App and all content and information within it, belongs to SociAbility, its trademark licensors and other parties (the “SociAbility Intellectual Property”). SociAbility Intellectual Property is protected by applicable intellectual property and other laws, including copyright and you must not use it except as strictly permitted by these Terms.
5. User-Generated Content
By uploading, posting, transmitting or otherwise making available any content or material via the SociAbility App (“Your Content”), you:
grant to us a non-exclusive, worldwide, free, royalty-free, perpetual, irrevocable and sub-licensable licence to use, publish, reproduce and otherwise exploit Your Content in any form for any purpose and unconditionally waive any moral rights that you might have in respect of Your Content; and
represent and warrant that you either own the Intellectual Property Rights in Your Content or have the necessary permission to upload, post, transmit or otherwise make available Your Content via the SociAbility App.
SociAbility may discontinue the SociAbility App or terminate your license to use it, at any time. We will terminate your license if you fail to comply with the SociAbility Terms. Upon termination of the licence, you must stop using the SociAbility App and delete it from your device. From time to time, SociAbility may impose limits on your use of or access to the SociAbility App.
7. Changes to the SociAbility App
SociAbility may change or update the SociAbility App and its features at any time. You may be required to download and reinstall a new version of the SociAbility App if changes and updates are made.
The SociAbility App enables access to SociAbility’s sites, applications, services and information as well as third party sites, services and information (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional terms of service.
Maps, reviews, access information and venue and location data provided in the SociAbility App are provided to assist basic navigational purposes only. They should only be used as a guide and should not be relied upon in situations where precise navigational or venue or location information is needed.
9. No Warranty
The SociAbility App is provided “as is” and “as available” with all faults. SociAbility excludes, to the greatest extent permitted by law, all warranties, conditions and other contract terms with respect to the SociAbility App.
SociAbility does not warrant
against interference with your enjoyment of the SociAbility App,
that the functions contained in or provided by, the SociAbility App will meet your requirements,
that the operation of the SociAbility App will be uninterrupted or error-free, or
that defects in the SociAbility App will be corrected.
10. Telecommunications Network Operator
Access and use of the SociAbility App occurs across the networks of a number of mobile operators. Because we do not operate or control these networks, we cannot guarantee the privacy or security of data sent over them and we disclaim any responsibility for any network or service used to access and use the SociAbility App. Check with your network service provider for information about their privacy and security practices.
11. Limitation of Liability
We will not be responsible to you for any loss of profits, loss of revenues, loss of business, loss of opportunity, loss of or damage to data, business interruption, property damage or any other commercial damages or any loss arising from a cause beyond our reasonable control, whether direct or indirect losses.
Our liability to you for all damages shall not exceed the amount of one hundred US dollars (USD$100).
Nothing in these SociAbility Terms shall exclude or limit our liability to you for:
personal injury caused by our negligence.
You shall indemnify and hold SociAbility, its licensors, sponsors, agencies and its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your mis-use of the SociAbility App, any breach of the terms and conditions set forth in the SociAbility Terms, by you, or other users of any Services using your username, password or other credentials if you have disclosed these to any unauthorised person, or otherwise failed to keep these secure. You must use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any such matter subject to indemnification by you.
13. Lawful Use
You may not use or otherwise export or re-export the SociAbility App except as authorized by United Kingdom law, United States law, Australian Law or the laws of the jurisdiction in which App was obtained. By using the SociAbility App, you represent and warrant that you are not located in a country that is subject to a United Kingdom, Australian or U.S. government embargo, or that has been designated by the United Kingdom, Australian or U.S. government as a “terrorist supporting” country and that you are not listed on any United Kingdom, Australian or U.S. Government list of prohibited or restricted parties.
14. Governing Law and Jurisdiction
The SociAbility Terms and your use of the SociAbility App are governed by and subject to the laws of England.
15. Third Party Beneficiaries
You agree that the owner of each operating system on which the SociAbility App is made available (“OS Owner”) and its subsidiaries are third party beneficiaries of these SociAbility Terms, and that the OS Owner will have the right (and will be deemed to have accepted the right) to enforce applicable portions of these SociAbility Terms against you, the end-user, as a third party beneficiary.
SociAbility Ventures Ltd (Company Number 11796473). 1 Marston Road, Oxford, OX4 1FN, United Kingdom.