Terms and Conditions of Use MyLocal.Town App
1.Terms of MyLocal.Town App
1.1 In these Terms (“Terms”):
“App” means the MyLocal.Town app;
“We” means Apps To Life Limited registered in England and Wales under company number 08669939 and have our registered office at 58 High Street, Bovingdon, Herts, HP3 0HJ, and the terms “us” and “our” will be construed accordingly;.
“You” means the customer and/or user of the App and the term “your” will be construed accordingly.
1.2 These terms set out the basis on which You may use and/or have access to the App. By using the App You accept and agree to be bound by these Terms. If you do not agree to these Terms then please refrain from using the App immediately.
2.Availability and App Access
2.1 The App is provided and/or made available by us to You on an “as is” and “as available” basis. We make no representations or any kind of warranty whatsoever (whether expressed or implied). Any and all implied terms are hereby excluded from these Terms to the extent permitted by law, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Any information, content, advice and/or material downloaded, viewed or used on the App or otherwise obtained through the use of the App is used entirely at your own discretion and risk.
2.2 You acknowledge and agree that the App may from time to time be unavailable, slow or in some other way suffer from a reduced level of performance or accessibility due to reasons outside of our control. The App is subject to the limitations of the enabling technology upon which it relies to operate and, as such, may be adversely affected by a number of network performance issues and other operational factors including, but not limited to, network congestion, coverage, connection issues, , mobile network speeds and connectivity issues, the performance of your mobile device and the maintenance of secure network connections. We shall have no liability whatsoever for any error, delay, issue, unavailability or failure in relation to connection with or access to the App. We aim to update our App a regular intervals as necessary from time to time and may change the information, content and/or material set out or contained within the App at any time and without notice to You. If We, in our absolute opinion consider it necessary and/or appropriate, , we may, without notice to You, suspend, limit, restrict or deny access to some or all of the App. Further, We may, at our discretion, cease the provision of the App at any time on a permanent basis without liability to You for any reason whatsoever.
3.Third Party Material And Intellectual Property Rights
3.1 Your use of the App is strictly at your own risk and You acknowledge and confirm that We are making no endorsement or associating with any particular person, living or dead, business or material whatsoever that may be featured, mentioned, depicted and/or referred to within the App. The App features the trade marks, App marks, logos, intellectual property rights and domain names of third parties, which (unless specifically stated) do not constitute any endorsement whatsoever from or association between us and those third parties. Any and all such trademarks, App marks, logos, intellectual property rights and domain names are and shall remain the property of their respective owners.
4.Use Of The App
4.1 We own and license a wide range of varied intellectual property rights used in and relating to the App, including, but not limited to, all rights in:
- 4.1.1 Apps To Life Limited;
- 4.1.2 MyLocal.Town; and
- 4.1.3 MyLocal.Town App.
4.2 We may from time to time decide to limit your access to some or all parts of the App depending on whether You have registered with us in accordance with the criteria We determine from time to time. You agree to keep your log in, password and/or any other information that is part of our security procedures for your access to and use of the App. We take the security of the App very seriously and do not hesitate to take steps to prevent people, whether registered users or not, from misusing the App and to make sure that your rights or those of any third parties are not affected.
4.3 You hereby confirm and acknowledge that You are solely responsible for any and all content of any material provided, supplied or uploaded using your log in details and password. You agree to notify us immediately if your log in details and/or password are used without your permission or they are compromised or made known to any other person whatsoever. We hereby reserve the right to disable, restrict, delete and/or suspend any account if, in our absolute discretion, We believe that You have failed, wholly or partially, to comply with these Terms in any way, including, but not limited to, if your display name chosen by You during or after the registration process is, in our absolute opinion, inappropriate in any way.
4.5 The App enables You to search for goods and services and provides a facility for You to contact the organisations that provide these goods and services. You are allowed to use the App and the results of any search You carry out for this purpose provided that You do not use the App:
4.5.1 for any unlawful purpose;
4.5.2 to directly or indirectly harm, threaten, offend, abuse or harass another person, firm, company or organisation, or in a way that invades somebody’s privacy or, in our absolute opinion, is or could reasonably be considered to be, offensive, unacceptable and/or damaging to us or any companies within our group or with which We are associated;
4.5.3 to create, check, confirm, update or amend your own or somebody else’s databases, records, directories, customer lists, information, content, mailing or prospecting lists;
4.5.4 to tamper with, update, alter, delete or change any part of the App in a way whatsoever;
4.5.5 in a way that imposes an unreasonable or disproportionably large burden on our network, communications and/or technical systems as determined by us in our absolute opinion; or
4.5.6 using any automated means to monitor or copy the content or information available on the App, or to interfere with or attempt to interfere with, how the App works.
5.Information Provided to MyLocal.Town App
5.1 If You provide, upload or add any material, information or content to the App You hereby agree to grant us permission, irrevocably and free of charge, to use your material in any way which We choose on the App or any other app or otherwise in any media and in any way whatsoever on a worldwide basis worldwide including, but not limited to, syndication of your material.
5.2 After posting your material on the App, You shall continue to own that material and You shall continue to have the right to use such material in any way You choose, subject to the provisions of these Terms.
5.3 You agree to choose information carefully which You post on the App as it will be available for public viewing and must comply with these Terms. By uploading any material, information or content to the App, and for us to be able to use it, You confirm that You and the material, information or content comply with any and all obligations set out in these Terms and, in particular, that:
5.3.1 your material, information and content is your own original work, that You own all rights in relation to it and/or You are authorised by the owner or any licensor to provide it to the App;
5.3.2 your material, information or content is not in any way, and could not reasonably be considered to be, defamatory (that is, it does not damage someone’s good reputation), and does not contain any material which is harassing, threatening, obscene, offensive, hateful, abusive or inflammatory;
5.3.3 your material does not take away or affect any other person’s privacy rights, contract rights or any other rights whatsoever, and does not otherwise break any laws of England and Wales or any other country;
5.3.4 your material does not promote, encourage, support or display any illegal activity or discrimination;
5.3.5 You have the right to give us permission to use it for the purposes specified above and that such use will not infringe the copyright, database right, trade mark, privacy or any other rights whatsoever of any third party anywhere in the world;
5.3.6 your material is not in any way liable to mislead or confuse others or otherwise be detrimental to or inconsistent with our good name or reputation;
5.3.7 your material does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of the App;
5.3.8 if your material, information or content is intended to promote your own business or Apps, You will clearly and openly state your association with that particular business;
5.3.9 You will not falsify, alter, amend or delete any author attributions, legal or other proprietary notices including, but not limited to, copyright notices, designations or labels; and
5.3.10 your material, information or content does not contain any form of mass-mailing or spam.
5.4 You acknowledge and confirm that you agree that We do not have a duty or obligation to publish or make available on the App any material, information and/or content You have provided.
5.5 We have the right, at our absolute discretion, to:
5.5.1 reject or refuse to post any material, information or content You have provided to us in any way whatsoever;
5.5.2 remove any material, information or content (or part thereof) from the App, whether or not the material, information or content is in breach of any of these Terms; or
5.5.3 restrict, suspend, cancel or stop your access to all or any part of the App at any time.
5.7 If You are unable or unwilling to comply with all of these Terms, please do not upload any material, information or content to the App.
5.8 We do not edit, approve or review any third party material, information or content displayed or made available on the App. We operate a notice and take down procedure regarding such third party material, information or content. If You believe that any comment or review posted on the App does not comply with the requirements set out in clause 5.2, please notify us immediately. We will review the relevant material, information and/or content and, where we, in our absolute discretion deem it appropriate, remove the material, information or content form the App within a reasonable time.
6.Use of Mapping and Directions Data
6.1 Map locations used by the App are based upon the postcodes or any combination of an address element postcodes provided to us by the persons, firms, companies and organisations whose details are accessed in performing a search via the App. Postcode location provides only a general location with limited accuracy and may not correspond with a true address which can be visited in respect of a specific person, firm, company or organisation. We recommend that You check the accuracy of the location search required with the person, firm, company or organisation concerned. Directions and routings are provided by the App within the accuracy limitations of the technology used to provide such directions and routings. Directions and routings are provided on an “as is” basis and We are unable to warrant that this technology will return the most accurate, quickest, shortest or most convenient suggestion for any particular enquiry. BY USING THE APP YOU AGREE THAT NEITHER WE NOR ANY OF OUR EMPLOYEES, AGENTS, SUB-CONTRACTORS OR THIRD PARTY APP PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FINE, TRAFFIC PENALTY, DAMAGES, DELAY, COSTS, TOLL, EXPENSES OR OTHER LOSSES OR CLAIMS WHATSOEVER ARISING OUT OF OR IN CONNECTION, DIRECTLY OR INDIRECTLT, WITH YOUR USE OF THOSE MAPPING AND DIRECTION DATA VIA THE APP.
7.1 You agree and acknowledge that You use the App at your own risk.
7.2 You shall ensure that You are satisfied with the exact type and nature of goods or apps being offered by any organisations You use the App to search for. We also recommend that You check and ensure you are entirely satisfied with the expertise, experience and qualifications of the people, firms, companies and organisations offering goods or apps via the App. We are not an agent for and do not give any guarantees, warranties, representation or endorsement of or for the people, firms, companies or organisations providing, or the goods and apps they provide, via the App..
7.3 You should not rely on the App for any advice or guidance whatsoever. We do not provide any guarantee, warranty, representation or endorsement as to the accuracy of any material, information or content provided via the App.
8.Limitation of Liability
8.1 You hereby acknowledge and agree that neither We nor other members of our group of companies, shareholders, officers, staff or other organisations connected to us in any way whatsoever shall in any circumstances (to the fullest extent permitted by law) be liable to You or any other party whatsoever for any of the following (or any other) losses, costs, expenses, claims, actions, proceedings or damages, whether direct or indirect:
8.1.1 loss of data;
8.1.2 loss of income, revenue or anticipated profits;
8.1.3 loss of business or contracts;
8.1.4 loss of opportunity;
8.1.5 loss of or damage to goodwill or injury to reputation;
8.1.6 losses suffered by third parties;
8.1.7 which result from or relate in any way whatsoever to a listing on the App in relation to an event which is incorrect, false, out of date, delayed, postponed, cancelled or relates to an event which has taken place already;
8.1.7 wasted management, staff, office or other time costs, charges or expenses; or
8.1.8 any indirect, consequential, special, exemplary or other damages arising from the use, non-use, unavailability, errors, defects or delays in the App., We shall have no liability to You for any claims whatsoever and however arising anywhere in the world and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise. Notwithstanding any other provision of these Terms, we do not limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation.
8.2 You hereby acknowledge and agree that the Store Provider (defined below) is not responsible for:
8.2.1 addressing any claims in relation to the App: or
8.2.2 the investigation, defence, settlement and/or discharge of any third party claim that the App, or your possession and/or use of the App, infringes that third party’s intellectual property rights.
9.1 WE DO NOT CURRENTLY CHARGE FOR USE OF THE APP. HOWEVER, YOUR NETWORK OPERATOR MAY CHARGE YOU FOR USING THEIR SYSTEMS OR TELEPHONY NETWORK TO ACCESS THE APP. WE RESERVE THE RIGHT TO CHARGE FOR USING THE APP AT A LATER DATE IN WHICH CASE WE WOULD NOTIFY YOU BEFOREHAND.
10.1 You agree that We, in our sole discretion, may, without notice to You, terminate your use of the App for any reason whatsoever including, without limitation, if we believe that You have breached, are likely to breach or have acted inconsistently with the provisions, spirit or intent of these Terms. Termination of these Terms is without prejudice to any of our other rights and remedies. You agree that We shall not be liable to You or any third party whatsoever for any termination of your access to the App in accordance with these Terms.
11.1 We reserve the right to change, amend, alter, vary or modify these Terms at any time in our sole discretion and without prior notice to You. By continuing to use the App You are deemed to have accepted any such change, amendment, alteration, variation or modification of these Terms.
12.How to Contact Us
12.1 If You have any questions, queries, complaints, suggestions or comments about the App then please contact us via the “contact us” link on the App.
13.Third Party Rights
13.1 The provider of the store from which You download the App (the “Store Provider”) is not a party to these Terms and is not responsible for the App and its content or the provision of any maintenance and support apps for the App.
13.2 You acknowledge and agree that the Store Provider and the Store Provider’s subsidiaries are third-party beneficiaries of these Terms. You also agree that, upon your acceptance of the Terms, the Store Provider will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary of those Terms.
13.3 Save as set out in clauses 13.1 and 13.2 above, a person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
15.1 You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and You are not listed on any U.S. Government list of prohibited or restricted parties.
16. Entire Agreement
16.1 These Terms constitute the entire agreement between You and us in relation to the subject matter of these Terms and supersedes all prior agreements, negotiations and discussions between You and us relating to these Terms.
17.1 The failure by us to exercise or enforce any right under these Terms shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter.
18.1 If any part of these Terms becomes invalid, illegal or unenforceable then we shall substitute a satisfactory provision to replace the invalid, illegal or unenforceable term with a provision which, as nearly as possible, validly gives effect to our intentions as expressed in these Terms.
19.Applicable Law and Jurisdiction
19.1 These Terms and any claim under them (whether contractual or non-contractual) shall be governed by English law and You and We hereby irrevocably submit to the exclusive jurisdiction to the English courts.
Updated June 2015