LONDON APP TERMS AND CONDITIONS
To make it easier for you to understand the terms on which we provide our App, we’ve tried to keep these terms of use (Terms) as simple as possible by using plain English.
These Terms apply to our mobile application, “the London App”, which is a mobile travel and social app that unlocks the full potential of the city and allows users to plan journeys in real-time or in advance, either alone or with friends, and message other users, as also further described on our website at https://londonapp.co.uk/ and available on the Apple iOS Store and the Google Play Store (App).
When we talk about “London Application”, “we,” “our,” or “us” in these Terms, we are referring to London Application Ltd, a company registered in England and Wales under company number: 14731403 with registered offices located at 193 High Street, Hornchurch, Essex, United Kingdom, RM11 3XT.
We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
By clicking the tick box below, signing up to a Subscription Tier or otherwise accepting the benefit of any part of the App, you agree to be bound by these Terms which form a binding contractual agreement between you or the company you represent (you) and London Application. You represent and warrant that you have valid authority to enter into these Terms on behalf of any entity you may represent.
Please have a careful read through these Terms before using the App. If you don’t agree to these Terms, please don’t use the App.
We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the App after we modify our Terms, you’ll be taken to have agreed to the Terms as modified.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14-day right to change your mind and get a full refund on your digital content. You do not have this right to cancel the digital content once the digital content has been supplied to you, provided you have been told this and have agreed to waive your cancellation right. By purchasing a Subscription, you consent to receiving access to the Subscription and its applicable inclusions immediately at the time of purchase, and you acknowledge that this means you lose your right to the 14-day cancellation period under the Consumer Rights Act 2015.
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality. If your digital content is faulty, you’re entitled to a repair or a replacement.
If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back. If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
This is a summary of some of your key rights. For detailed information from Citizens Advice, please visit www.citizensadvice.org.uk or call 03454 04 05 06. This information is not intended to replace the terms and conditions below, which you should read carefully.
By using the App or otherwise engaging with the content on the App, you represent and warrant that you:
(a) are at least 18 years old, have the legal capacity to enter into a binding legal agreement with us and you agree to be bound by these Terms; or
(b) are the parent or legal guardian of a person under the age of 18 who intends to use the App, and you agree to be bound by these Terms on that person’s behalf.
(a) In order to use the App, you will be required to sign up for an account (Account).
(b) As part of the Account registration process and as part of your continued use of the App, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, profile picture and other information as determined by London Application from time to time.
(c) You may register for an Account using your email address, or alternatively, with your Apple ID, Facebook account, Google account or Twitter account.
(d) If you register for an Account using your Apple ID, Facebook account, Google account or Twitter account, you authorise us to access certain information on your Apple ID or Facebook account including your email address, full name and address, date of birth and profile picture.
(e) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
(f) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the App and provide you with an Account.
(g) You acknowledge and agree that you are solely responsible for maintaining the confidentiality and security of your Account information and password. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.
(h) You must immediately notify us of any unauthorised use of your Account, password or email, or any other breach or potential breach of the App’s security.
(i) We reserve the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
(j) We may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these Terms.
You acknowledge and agree that:
(a) Any information provided via the App is provided to you as general information only.
(b) If you access any information via the App in relation to transport routes or times, you acknowledge and agree that we are not responsible in any way if the relevant transportation is late or cancelled.
(c) If you register an Account using a social media site (including but not limited to Facebook and Twitter), and you lose access to such social media site, you may lose access to your Account. We are not liable to you in the event that you lose access to your Account, and cannot guarantee that we will be able to reset your Account unless you can confirm certain information, to be determined at our sole discretion.
(d) London Application does not accept responsibility for loss or damage to data, computer systems, mobile phones or other electronic devices arising in connection with your use of the App. You should take your own precautions to ensure that the process you employ to access the App does not expose you to the risk of viruses, malicious computer code or other forms of interference.
(e) London Application is not responsible or liable for any user’s behaviour through the App.
4.1. SUBSCRIPTION FEES
(a) For the purposes of this clause and throughout these Terms, “Subscription Tier means the free or paid subscription tier as selected by you and agreed between us by the means of the App.
(b) We offer a free Subscription Tier which will allow you limited access some features of the App.
(c) In order for you to access additional features, you must subscribe to a paid subscription tier as communicated on the App, and we will require the payment of subscription fees (Subscription Fees).
(d) Your subscription period commences on the date you sign up to a Subscription Tier and continues until terminated in accordance with these Terms (Subscription Period).
(e) All Subscription Fees:
(f) Unless otherwise agreed in writing, the Subscription Fees are due and payable on an annual or monthly basis (Billing Cycle) Your Billing Cycle starts on the date that you subscribe to a paid Subscription Tier.
(g) (When Subscription Fees are due) The first payment of your Subscription Fee will be due in advancement at the commencement of your Subscription Period and subsequent payments will be due on the first day of each subsequent Billing Cycle for the duration of the Subscription Period.
(h) (Automatic recurring billing) Your subscription to the Platform will continue to renew indefinitely at the end of each Billing Cycle, and you must pay us the Subscription Fees in respect of each Billing Cycle, unless and until you notify us in the then current Billing Cycle that you want to cancel your subscription. Otherwise, we will continue to debit the Subscription Fees from your account each Billing Cycle. We will not pay any charge back amount if you fail to cancel your subscription in accordance with this clause. You acknowledge that your Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to your cancellation of your Subscription. We may submit periodic charges for the Subscription Fees without further authorisation from you, until you provide prior written notice (receipt of which is confirmed by us) that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before we could reasonably act on such notice. To terminate your authorisation or change your payment method, please contact us via the Platform.
(i) (VAT) Unless otherwise indicated, the Subscription Fees do not include VAT. In relation to any VAT payable for a taxable supply by us, you must pay the VAT subject to us providing a tax invoice.
(j) (Changes to Subscription Fees) We reserve the right, from time to time, to change the Subscription Fees. We will notify you in advance if we do this.
(k) (Failure to Pay) If Subscription Fees are not paid when they are due, we may revoke your Account and require payment for you to continue accessing the App.
(l) (Payment Methods) We may use third-party payment providers (Payment Providers) to collect Subscription Fees. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
4.2. REFUNDS
Except as otherwise set out on our website or required by law (including applicable consumer law), we generally don’t offer refunds for any of our subscriptions and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with our Services that you think should entitle you to a refund and we’ll consider your situation.
4.3. UPGRADES AND DOWNGRADES
(a) You may notify us that you would like to upgrade your Subscription Tier at any time. If you do, we will:
(b) For the avoidance of doubt, if you choose to upgrade your Subscription Tier during your Billing Cycle, your Billing Cycle will not recommence but rather, will continue in accordance with your existing Billing Cycle.
(c) If you wish to downgrade your Subscription to a lower Subscription Tier, you may notify us (using the functionality provided in the App) at any time before the end of your Billing Cycle. If you provide us with notification in accordance with this clause:
(d) If you choose to downgrade your subscription, you acknowledge and agree that we are not liable for, and you release us for all claims arising in connection with, any loss of content, features, or capacity, including your data in relation to a downgrade in your subscription.
4.4. ADDITIONAL SUBSCRIPTION DETAILS AND PURCHASING PROCESS
(a) The subscription service offers users the following features:
(b) To purchase a subscription, users must adhere to the following steps:
4.5. CANCELLATION PROCEDURE
(a) To cancel an iOS subscription, users must follow the procedure outlined below:
Navigate to iTunes & App Store.
Tap on the user’s Apple ID and select “View Apple ID”.
Under Account Settings, choose “Subscriptions”.
Select the subscription to cancel and proceed with the cancellation process.
Follow any prompts to confirm the cancellation.
Upon successful cancellation, a confirmation screen will display the expiration date of the subscription.
(b) To cancel a subscription on an Android device, users must adhere to the procedure outlined below:
Access the user’s Account from the menu.
Select “Subscriptions” within the Account settings.
Choose the subscription to cancel.
Follow the prompts to confirm the cancellation, which may include a checklist.
Confirm the cancellation once all steps are completed.
A confirmation message will be provided, indicating the end date of access to the subscription.
(c) Users are advised to verify the cancellation by checking the “Subscriptions” section in their respective app stores.
(a) To get the most out of the App, you may be asked to share and give permission for us to access your:
(b) You can change permissions via the App or your mobile device at any time.
6.1. TYPES OF CONTENT
As part of using the Services, you’ll be uploading images, chat messages, content, information and materials you share with us or the public (including feedback, suggestions and enhancement requests), including by using the features of the app, sharing content via the app on social media or by contacting us, or when you register an Account (Posted Materials).
6.2. POSTED MATERIALS
By providing or posting any Posted Materials, you represent and warrant that:
(a) you are authorised to provide the Posted Materials;
(b) the Posted Materials are free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;
(c) the Posted Materials are not “passing off” of any product or service and does not constitute unfair competition;
(d) the Posted Materials do not infringe any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement (Intellectual Property Rights);
(e) the Posted Materials are accurate and true at the time they are provided;
(f) any Posted Materials which are in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(g) the Posted Materials do not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and
(f) the Posted Materials do not breach or infringe any applicable laws, regulations or orders.
6.3. POSTED MATERIALS – IP LICENCE
By uploading any Posted Materials, you grant to London Application (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material in order for London Application to use, exploit or otherwise enjoy the benefit of such Posted Material.
6.4. REMOVAL OF POSTED MATERIALS
We don’t have any obligations to screen Posted Materials in advance of them being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Posted Materials at any time without giving any explanation or justification for removing the material and/or information.
(a) We are responsible for customer service in relation to the App and can help you if you are having any issues.
(b) For iOS user, you acknowledge that Apple has no obligation whatsoever to provide any support or maintenance services in relation to the App, although if the App is faulty, you may be able to claim a refund for paid content or services — please see clause 12)
(c) For Google users, you acknowledge that Google has no obligation to provide any support or maintenance services in relation to the App. Refunds may available to you in a range of circumstances, either from Google or from us. See Google’s refund policies for more information.
(d) If you need to get in touch with us, you can use the ‘contact us’ functionality provided in the app.
(e) If we need to get in touch with you, we will do so by email or an in-app notification
(a) The intellectual property rights in the App and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the App (the ‘Content’) are owned by us and our licensors.
(b) We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, patents, trademarks, service marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners or licensors of them and are free to use them as we see fit.
(c) Nothing in these terms grant you any legal rights in the App or the Content other than as necessary for you to access it and use it. You agree not to adjust, try to circumvent or delete any notices contained in the App or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
(d) Trademarks: “London Application” and the associated logos within our app are the unregistered trademarks of London Application. Other trademarks and trade names may also be used on the App or in the Content. Use by you of any trade marks on the App or in the Content is strictly prohibited unless you have our prior written permission.
(a) You must not use the App to do any of the following things:
(b) London Application reserves the right to delete any Content which is not compliant with present clause 8.
(c) You must not intimidate, harass, impersonate, stalk, threaten, bully or endanger any other user of the App.
(d) Any submission you make to the App and any other communication to users of the App by you must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, any submission or communication by you must be:
(e) While we use all commercially reasonable efforts to make sure that the App is secure and accurate, we do not actively monitor or check at all times whether information supplied to us through the App is factual, exact, confidential, commercially sensitive or valuable.
(f) Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the App will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.
(a) You may report any user if you consider that they are in breach of the Acceptable Use set out in clause 8 or are otherwise using the App in an inappropriate manner (Report). You can submit a Report through the functionality of the App.
(b) London Application will review each Report and make an assessment as to whether the user will:
(c) Such assessments will be made at London Application’s absolute discretion, and London Application is not required to provide any reasons for its decision to any user of the App.
(d) From time to time, the App may have functionality to automatically block user if they receive a particular number of Reports against them (Automatically Blocked).
If you are Automatically Blocked, London Application will review the Reports and make an assessment in accordance with clause 9(b).
11.1. CANCELLATION BY YOU
You are responsible for the cancellation of your Account. You can cancel your Account at any time by using the functionality provided in the app.
11.2. CANCELLATION BY US
(a) To the extent permitted by law, we reserve the right to terminate your access to any or all of the App or any part of the App at any time without notice, for any reason.
(b) We may also terminate your access to any or all of the App at any time without notice without issuing a refund if you breach any provision of these Terms.
11.3. EFFECT OF CANCELLATION
Upon cancellation, termination or expiry of your Account, we will delete any Posted Materials associated with your Account. You won’t be able to recover any of this after cancellation, termination or expiry of your Account so we recommend you back up anything important to you. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your Account.
11.4. FAULTY SERVICES
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality. If your digital content is faulty, you’re entitled to a repair or a replacement. Please get in contact with us if you believe you are entitled to a repair or replacement.
11.5. SURVIVAL
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.
If you are accessing the App from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
(a) these Terms are between you and us and not with Apple. Apple is not responsible for the App or any content available on the App;
(b) Apple has no obligation whatsoever to furnish any maintenance and support services for the App;
(c) in the event of any failure of us to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be our responsibility;
(d) Apple is not responsible for addressing any claims by you or any third party relating to the App, including, but not limited to:
(e) in the event of any third party claim that the App or your use of the App infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
(f) that you represent and warrant that:
(g) you must comply with applicable third party terms of agreement when using the App; and
(h) Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.
13.1. LIMITATION OF LIABILITY
(a) To the maximum extent permitted by applicable law, our maximum aggregate liability to you in respect of loss or damage sustained by you under or in connection with this agreement (whether those claims be for breach of contract, negligence or otherwise, and whether those claims be only for economic loss, or for personal injury or other damage) is limited to:
(b) We will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this agreement or any goods or services provided by us, except to the extent this liability cannot be excluded applicable laws.
(c) Nothing in these Terms shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
(d) To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these Terms, including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause will be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions will remain in full force and effect.
13.2. INDEMNITY
You indemnify us from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise in connection with:
(a) any use of the App by you;
(b) any breach of these Terms by you; or
(c) any act or omission of you.
14.1. PRIVACY POLICY
You agree to our “Privacy Policy” located on our Website (Privacy Policy), which is incorporated into these Terms by reference. Please read the Privacy Policy carefully as it governs our collection, use, and disclosure of personal information.
14.2. DATA PROTECTION
(a) Words and phrases in this section shall have the meaning given to them by applicable data protection and privacy laws, including the General Data Protection Regulation 2016/679 (GDPR) and applicable national legislation that implements or supplements the GDPR or otherwise applies to data protection and privacy, and any statutory instrument, order, rule or regulation made thereunder, as from time to time amended, extended, re-enacted or consolidated (Data Protection Legislation) and the terms “controller”, “processor”, “process” and “personal data” shall have the meanings given to those terms in such Data Protection Legislation.
(b) During and after the delivery of the App, you agree that we will be processing personal data for our own purposes and as such will be a controller under the Data Protection Legislation and this includes (but is not limited to) the following purposes:
(c) During and after the delivery of the App, there may be limited occasions where we may process (on your behalf as a processor) any personal data you have provided to us. We will advise you in writing where we believe that we may act as a processor and any such processing shall be in accordance with, and subject to, your instructions.
(d) Before performing the processing, we shall document within the instructions the subject matter and duration of the processing, the nature and purpose of the processing, the types of personal data and categories of data subjects and the other terms prescribed by the Data Protection Legislation. We will ensure that all appropriate technical and organisational measures are taken to protect any personal data supplied by you to the us against unauthorised or unlawful processing, accidental loss, destruction or damage, including when we subcontract any processing (for example, in the case of external storage of data).
(e) Our instructions are taken to include the use by us, where appropriate, of independent contractors and third party suppliers appointed by us for functions such as data and file storage, back-up, destruction, billing, debt collection, legal processing and the like, in accordance with the foregoing.
(f) By accepting this agreement, you give positive consent for us to obtain, store and process information about you as described in the preceding paragraphs. You agree that where necessary you will have satisfied relevant statutory ground under the Data Protection Legislation in connection with the above-described categories of processing, before providing us with personal data. It is also a term of this agreement that any personal data supplied by us to you about employees/independent contractors of us and/or any third parties may only be used for the express purposes for which that information is provided to you.
(g) Each party shall comply with the terms of the Data Protection Legislation.
14.3. THIRD PARTY DATA
(a) You warrant, in relation to the personal information and all other data that you collect and store in and/or use or distribute within, through or outside the App, or otherwise provide to us in connection with this agreement (Third Party Data), that:
(b) You agree at all times to indemnify us and hold us and our officers, employees and agents harmless from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those parties, where such loss or liability was caused or contributed to a breach of a warranty in clause 13.3(a).
We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the App. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.
(a) The App makes use of functionalities on your device that can pinpoint your location. We do this in order to assist in planning your journey and transportation options by usinbg your location through the App.
(b) When you open the App for the first time, you will be asked whether the App can use your location and in what circumstances.
(c) If you refused to authorise the location services the first time you opened the App, but change your mind later on, you can still update your choices at any time in the App settings. Conversely, you can also turn the location services off at any time, but please not that if you do choose to do so, you may not be able to use the App.
(d) All location data is processed pursuant to our Privacy Policy (see above clause13.1).
(a) We may update the App from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that, we will ensure that the App still meets the description of it that was provided to you at the time you downloaded the App.
(b) Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the app store.
(c) We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the App may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the App updated to the latest version that we make available.
We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including Posted Materials), your computer systems, mobile phones or other electronic devices arising in connection with use of the Services. You should take your own precautions to ensure that the process which you employ for accessing the Services does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
(a) We may need to revise these terms from time to time to reflect changes in the App’s functionality, to deal with a security threat or if there is a change in the law or guidance.
(b) You will be asked to agree to any material changes in advance by an in-app notification , usually when you download an update. If you do not accept the changes, you will not be able to use the App. Google users may be able to request a refund in these circumstances.
20.1. THIRD PARTY CONTENT & LINKS
(a) The App may contain text, images, data and other content provided by a third party (Third Party Content). We’re not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.
(b) The App may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.
20.2. THIRD PARTY TERMS & CONDITIONS
(a) You acknowledge and agree that our App is dependent on software and hardware developed by third party providers, and third party terms & conditions (Third Party Terms) may apply to your use of the App. These include app store providers such as Apple and Google, and the following service providers that we use to power the App and provide our services: Google Maps/Earth mapping services, including Google Maps API(s), Amazon AWS, TfL API(s)..
(b) You agree to any Third Party Terms applicable to any third party goods and services that are used in providing the App, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
(c) Without limiting clause 19.2(b), we will take reasonable steps to notify you of Third Party Terms.
20.3. THIRD PARTY SOFTWARE
(a) You acknowledge and agree that issues can arise with transferring data to software and between software, and when integrating software with other software. We cannot guarantee the integration processes to other software will be free from errors, defects or delay. You agree that we will not be liable for the functionality of any third party goods or services, including any third party software.
You acknowledge that the App is dependent on software and hardware developed by third party providers such as Apple and Google. If following an update by such third party provider, the App can no longer function as it did prior to the update, we will not (to the maximum extent permitted by law) be liable to you for any loss or damage you might suffer as a result.
(a) We control the operation of the App from headquarters located in the United Kingdom. Some App or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of the United Kingdom.
(b) We make no representation or warranty that all of the features of the App will be available to you outside of the United Kingdom or that they are permitted to be accessed outside the United Kingdom.
(c) You’re solely responsible for your decision to use the App from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the App.
(a) A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
(a) A notice or other communication to a party under this agreement must be:
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given when replied to by the other party.
25.1 GOVERNING LAW AND JURISDICTION
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
25.2 THIRD PARTY RIGHTS
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
25.3 WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
25.4 SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
25.5 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
25.6 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
25.7 COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
25.8 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
25.9 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to £; or “pound” is to British currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.