TERMS BUSINESSES

 

PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE.

This business end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and THE DEALER APP LIMITED of Old Park, Old Park Lane, Chichester, West Sussex PO18 8AP (Licensor, us or we) for The Dealer Appmobile, tablet or other smart device and application program interface application software (including the data supplied with the software, and the associated media) which constitutes our online platform that connects retail businesses, who have goods and/or services to offer, with consumers, seeking deals and offers for those goods and/or services (the App).

We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator (Appstore) from whose site the End-user downloaded the App (Appstore Rules). We do not sell the App to you. We remain the owners of the App at all times.

Operating system requirements This App requires a [iPhone4s, 5c, 5s, 6, 6s or later device with a minimum of 526mg of memory.  Internet access and the IOS operating system IOS 9, 10 or later].

 

Important notice:

•       •          By downloading the App from this website or clicking on the “Accept” button below you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, the privacy policy defined in condition 1.5 and limitations on liability in condition 7.

•       •          If you do not agree to the terms of this licence, we will not license the App to you and you must go no further with the installation of the App or stop the downloading or streaming process now by clicking on the “Cancel” below. In this case the downloading or streaming process will terminate.

You should print a copy of this EULA for future reference.

AGREED TERMS

  1. 1.         ACKNOWLEDGEMENTS

 

1.           1.1       The terms of this EULA apply to your use of the App and the service accessible through the App (the Service), including any updates or supplements to the App or the Service.

1.          1.2       We may change these terms at any time by sending you an SMS with details of the change or notifying you of a change when you next start the App or log onto one of our websites. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Service.

1.          1.3       From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Service until you have downloaded or streamed the latest version of the App and accepted any new terms.

1.          1.4       The terms of our privacy policy from time to time, available at www.[              ].com/settings/Privacypolicy (Privacy Policy) are incorporated into this EULA by reference and apply to the Service that are not specified in any other condition hereof as having separate privacy policies. Additionally, by using the App or the Service, you acknowledge and agree that internet transmissions are never completely private or secure.  You understand that any message or information you send using the App or the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.          1.5       By using the App or the Service, you consent to us collecting and using technical information about the mobile telephones, computer systems and or hand held devices (Devices) and related software, hardware and peripherals for Service that are internet-based or wireless to improve our products and to provide the Service to you.

1.          1.6       The App or the Service will contain links or allow you to link to consumer users of the App (Consumer Users).  Consumer Users are not under our control, and we are not responsible for their acts or omissions. You will need to make your own independent judgment regarding your interaction with any Consumer Users, including the purchase and/or use by them of any goods and/or services provided by you.   YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE LIMITATIONS ON LIABILITY AT CONDITION 7 BELOW.

1.          1.7       Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

 

1.    2.         GRANT AND SCOPE OF LICENCE

a.           2.1       In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.

a.           2.2       You may download or stream a copy of the App onto an unlimited amount of devices [with IOS version 0.7 or later] onto which the App may be downloaded or streamed and to view, use and display the App on the Devices for your business purposes only.

 

1.    3.         LICENCE RESTRICTIONS

Except as expressly set out in this EULA or as permitted by any local law, you agree:

 

a.             (a) 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;

a.             (b) Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

a.             (c) 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;

a.             (d) 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 that(by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
 

    1. i           Is used only for the purpose of achieving inter-operability of the App with another software program;

 

    1. ii          Is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

 

    1. iii         Is not used to create any software that is substantially similar to the App;

 

a.             (e) To keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

 

a.             (f) To include our copyright notice on all entire and partial copies you make of the App on any medium;

 

a.             (g) 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

 

a.             (h) To comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or the Service, together the Licence Restrictions.

 

1.     4.         ACCEPTABLE USE RESTRICTIONS/NON CIRCUMVENTION

You must:

a.             (a) Not use the App to make offers and deals to Consumer Users and then not honour the offer or deal and/or refuse service on that basis.  For the avoidance of doubt, no preference should be afforded to a booking, reservation or walk-in customer once an offer or deal has been accepted by a Consumer User.

a.             (b) Not circumvent the functions and processes of the App by, inter alia, failing to process the deal or offer using the App and/or contacting them direct and offering goods and/or services.  If you do so you acknowledge and agree that you would be in breach of this EULA and liable to us for damages to us and or other appropriate reliefs and remedies.

a.             (c) Not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;

a.             (d) Not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);

a.             (e) Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

a.             (f) 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

a.             (g) 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.

 

1.     5.         INTELLECTUAL PROPERTY RIGHTS

a.               5.1       You acknowledge that all intellectual property rights in the App and the technology it utilizes anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the technology other than the right to use each of them in accordance with the terms of this EULA.

a.               5.2       You acknowledge that you have no right to have access to the App in source-code form.

 

1.     6.         LIMITED WARRANTY AND SUPPORT

a.               6.1       We warrant that:

 

a.          (a)  The App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the accompanying“About this App” document as may be updated from time to time; and

a.          (b)  That the App description correctly describes the operation of the App in all material respects, for a period of 30 days from the date on which the App or any update thereof is downloaded or streamed to the Devices (Warranty Period).

 

a.               6.2       If within the Warranty Period you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the App description, you will be entitled to a refund of any fees charged (if any).

 

a.               6.3       The warranty does not apply:

 

a.          (a)  If the defect or fault in the App or any Service results from you having amended the App;

a.          (b)  If the defect or fault in the App results from you having used the App in contravention of the terms of this EULA; and

a.          (c)   If you breach any of the Licence Restrictions or the Acceptable Use Restrictions.

a.               6.4       This warranty is in addition to your legal rights in relation to software that is faulty or not as described.

a.               6.5       Enquiries may be made and/or support may be requested by using the following email address - email: enquiries@[               ].com.

 

1.     7.         NATURE OF THE APP/LIMITATION OF LIABILITY

 

7.1      THE APP AND SERVICE COMPRISE AN ONLINE PLATFORM THROUGH WHICH BUSINESS USERS MAY CREATE LISTINGS FOR THEIR GOODS AND/OR SERVICES AND CONSUMERS MAY LEARN ABOUT AND BOOK THOSE GOODS AND/OR SERVICES DIRECTLY WITH THE BUSINESS USERS. YOU UNDERSTAND AND AGREE THAT WE ARE NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN BUSINESS USERS AND CONSUMERS, NOR ARE WE A BROKER, AGENT OR INSURER.   WE HAVE NO CONTROL OVER THE CONDUCT OF BUSINESS USERS, CONSUMERS AND OTHER USERS OF THE SERVICE, THE APP OR ANY GOODS AND/OR SERVICES PROVIDED BY THEM OR TO THEM, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

 

7.2      Due to the nature of our business and the fact that we cannot control the acts or omissions of third parties, we make no warranty, and specifically disclaim any liability, for the conduct of any Consumer User which are incidental to, ancillary to or consequent on your use of the Website. Further, you agree that you have no claim against us for loss, cost, damage, expense, charge or fee, theft, injury or death resultant either directly or indirectly from the actions, whether accidental, negligent or intentional of any third parties with whom you contract or interact as a consequence of an introduction made between you and any third party or other user facilitated through the App.  We act as an intermediary only between you and third parties or other users and you agree to accept all risks associated with your use of the App or our services.

7.3      You acknowledge that the App has not been developedtomeetyourindividual requirements, and that it is therefore your responsibility to ensure that the facilities andfunctionsoftheAppasdescribedintheAppDescriptionmeetsyour requirements.

7.4      We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 7.5 but we are not responsible for any 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 granted you the EULA.

7.5      Our maximum aggregate liability under or in connection with this EULA (including youruseofanyServices)  whetherincontract,  tort(includingnegligence)  or otherwise, shall in all circumstances be limited to £100. This does not apply to the types of loss set out in condition 7.6.

7.6      Nothing in this EULA shall limit or exclude our liability for:

 

a.                     (a)  death or personal injury resulting from our negligence;

b.                     (b)  fraud or fraudulent misrepresentation; and

c.                     (c)   any other liability that cannot be excluded or limited by English law.

1.     8.         TERMINATION

a.               8.1       We may terminate this EULA immediately by written notice to you:

a.                     (a)  if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and

a.                     (b)  ifyoubreachanyoftheLicenceRestrictionsortheAcceptableUse Restrictions.

a.               8.2       On termination for any reason:

a.                     (a)  all rights granted to you under this EULA shall cease;

a.                     (b)  youmustimmediatelyceaseallactivitiesauthorisedbythisEULA, including your use of any Services;

a.                     (c)   you mustimmediatelydeleteorremovetheAppfrom allDevices,  and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so;

a.                     (d)  [[we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services [and the Appstore]];and]

a.                     (e)  You accept that any rating that you have built may be lost.

 

1.     9.         COMMUNICATION BETWEEN US

a.               9.1       If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to Old Park, Old Park Lane, Chichester, West Sussex PO18 8AP and/or enquiries@[               ].com. We will confirm receipt of this by contacting you in writing, normally by e-mail.

a.               9.2       If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.

1.     10.      EVENTS OUTSIDE OUR CONTROL

a.              10.1     We willnotbeliableorresponsibleforanyfailuretoperform,  ordelayin performance of, any of our obligations under this EULA that is caused by any act or eventbeyondourreasonablecontrol,  includingfailureofpublicorprivate telecommunications networks (Event Outside Our Control).

 

a.              10.2     IfanEventOutsideOurControltakesplacethataffectstheperformanceofour obligations under this EULA:

 

a.              (a)          ourobligationsunderthisEULA willbesuspendedandthetimefor performanceofourobligationswillbe  extended forthedurationofthe Event Outside Our Control; and

 

a.              (b)         we willuseourreasonableendeavourstofindasolutionby whichour obligations under this EULA may be performed despite the Event Outside Our Control.

 

1.     11.      OTHER IMPORTANT TERMS

 

a.               11.1    We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

 

a.               11.2    You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

 

a.               11.3    If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

a.               11.4    Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

 

a.               11.5    Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. This agreement has been entered into on the date stated at the beginning of it.


 

TERMS USERS

 

PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE.

 

This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and THE DEALER APP LIMITED of Old Park, Old Park Lane, Chichester, West Sussex PO18 8AP (Licensor, us or we) for The Dealer App v 0.0.1 mobile, tablet or other smart device and application program interface application software (including the data supplied with the software, and the associated media) which constitutes our online platform that connects retail businesses, who have goods and/or services to offer, with consumers, seeking deals and offers for those goods and/or services (the App).

 

We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator (Appstore) from whose site the End-user downloaded the App (Appstore Rules). We do not sell the App to you. We remain the owners of the App at all times.

 

Operating system requirements This App requires a [iPhone4s, 5c, 5s, 6, 6s or later device with a minimum of 526mg of memory.  Internet access and the IOS operating system IOS 7, 8 or later].

 

Important notice:

 

·      By downloading the App from this website or clicking on the “Accept” button below you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, the privacy policy defined in condition 1.5 and limitations on liability in condition 7.

 

·      If you do not agree to the terms of this licence, we will not license the App to you and you must go no further with the installation of the App or stop the downloading or streaming process now by clicking on the “Cancel” below. In this case the downloading or streaming process will terminate.

 

·      As a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading or streaming the App.

 

·      However, you will lose the right to cancel the transaction once you begin to download or stream the App.

 

·      This does not affect your consumer rights for an app that is defective.

 

You should print a copy of this EULA for future reference.

 

AGREED TERMS

 

1.    ACKNOWLEDGEMENTS

 

1.1 The terms of this EULA apply to your use of the App and the service accessible through the App (the Service), including any updates or supplements to the App or the Service.

 

1.2       We may change these terms at any time by sending you an SMS with details of the change or notifying you of a change when you next start the App or log onto one of our websites. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Service.

 

1.3       From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Service until you have downloaded or streamed the latest version of the App and accepted any new terms.

 

1.4       You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2 (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for Internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or the Service on or in relation to any Device, whether or not it is owned by you.

 

1.5       The terms of our privacy policy from time to time, available at www.[              ].com/settings/Privacypolicy (Privacy Policy) are incorporated into this EULA by reference and apply to the Service that are not specified in any other condition hereof as having separate privacy policies. Additionally, by using the App or the Service, you acknowledge and agree that internet transmissions are never completely private or secure.  You understand that any message or information you send using the App or the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

 

1.6       By using the App or the Service, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Service that are internet-based or wireless to improve our products and to provide the Service to you.

 

1.7       The Service will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use the Service, you consent to us and our affiliates; and licensees; transmission, collection, 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 on the App.

 

1.8       The App or the Service may contain links to other independent third-party websites (Third-party Sites) and/or other business users of the App (Business Users).  Third-party Sites and Business Users are not under our control, and we are not responsible for and do not endorse their goods, services or the content or their privacy policies or terms and conditions (if any). You will need to make your own independent judgment regarding your interaction with any Third-party Sites and/or Business Users, including the purchase and/or use of any goods and/or services provided by them.   YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE LIMITATIONS ON LIABILITY AT CONDITION 7 BELOW.

 

1.9       Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

 

2.    GRANT AND SCOPE OF LICENCE

 

2.1       In consideration of you agreeing to abide by the terms of this EULA, we grant you anon-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.

 

2.2       You may download or stream a copy of the App onto an unlimited amount of devices [with IOS version 0.7 or later] onto which the App may be downloaded or streamed and to view, use and display the App on the Devices for your personal purposes only.

 

3.    LICENCE RESTRICTIONS

 

Except as expressly set out in this EULA or as permitted by any local law, you agree:

 

(a)         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;

 

(b)        Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

 

(c)         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;

 

(d)        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 that(by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

 

i        Is used only for the purpose of achieving inter-operability of the App with another software program;

 

ii      Is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

 

iii     Is not used to create any software that is substantially similar to the App;

 

(e)         To keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

 

(f)          To include our copyright notice on all entire and partial copies you make of the App on any medium;

 

(g)         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

 

(h)        To comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or the Service,

 

together the Licence Restrictions.

 

4.    ACCEPTABLE USE RESTRICTIONS/NON CIRCUMVENTION

 

You must:

 

(a)         Not use the App to find offers and deals from Third-party Sites and/or Business Users and then circumvent the functions and processes of the App by, inter alia, failing to process the deal or offer using the App, contacting them direct and accepting goods and/or services and/or making payment for them independently of the App.  If you do so you acknowledge and agree that you would be in breach of this EULA and liable to us for damages to us and or other appropriate reliefs and remedies.

 

(b)        Not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;

 

(c)         Not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);

 

(d)        Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

 

(e)         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

 

(f)          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.    INTELLECTUAL PROPERTY RIGHTS

 

5.1           You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the A Technology other than the right to use each of them in accordance with the terms of this EULA.

 

5.2           You acknowledge that you have no right to have access to the App in source-code form.

 

6.    LIMITED WARRANTY AND SUPPORT

 

6.1           We warrant that:

 

(a)      The App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the accompanying“About this App” document as may be updated from time to time; and

 

(b)      That the App description correctly describes the operation of the App in all material respects, for a period of 30 days from the date on which the App or any update thereof is downloaded or streamed to the Devices (Warranty Period).

 

6.2           If within the Warranty Period you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the App description, you will be entitled to a refund of any fees charged (if any).

 

6.3           The warranty does not apply:

 

(a)      If the defect or fault in the App or any Service results from you having amended the App;

 

(b)      If the defect or fault in the App results from you having used the App in contravention of the terms of this EULA; and

 

(c)       If you breach any of the Licence Restrictions or the Acceptable Use Restrictions.

 

6.4           This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards office.

 

6.5           Enquiries may be made and/or support may be requested by using the following email address - email: enquiries@[               ].com.

 

7.    NATURE OF THE APP/LIMITATION OF LIABILITY

 

7.1      THE APP AND SERVICE COMPRISE AN ONLINE PLATFORM THROUGH WHICH BUSINESS USERS MAY CREATE LISTINGS FOR THEIR GOODS AND/OR SERVICES AND CONSUMERS MAY LEARN ABOUT AND BOOK THOSE GOODS AND/OR SERVICES DIRECTLY WITH THE BUSINESS USERS. YOU UNDERSTAND AND AGREE THAT WE ARE NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN BUSINESS USERS AND CONSUMERS, NOR ARE WE A BROKER, AGENT OR INSURER.   WE HAVE NO CONTROL OVER THE CONDUCT OF BUSINESS USERS, CONSUMERS AND OTHER USERS OF THE SERVICE, THE APP OR ANY GOODS AND/OR SERVICES PROVIDED BY THEM OR TO THEM, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

 

7.2      Due to the nature of our business and the fact that we cannot control the acts or omissions of third parties, we make no warranty, and specifically disclaim any liability, for any goods or services provided by third parties which are incidental to, ancillary to or consequent on your use of the Website. Further, you agree that you have no claim against us for loss, cost, damage, expense, charge or fee, theft, injury or death resultant either directly or indirectly from the actions, whether accidental, negligent or intentional of any third parties with whom you contract or interact as a consequence of an introduction made between you and any third party or other user facilitated through the App.  We act as an intermediary only between you and third parties or other users and you agree to accept all risks associated with your use of the App or our services.

 

7.3      You acknowledge that the App has not been developedtomeetyourindividual requirements, and that it is therefore your responsibility to ensure that the facilities andfunctionsoftheAppasdescribedintheAppDescriptionmeetsyour requirements.

 

7.4      We only supply the App for privateuse.  You agree not to usetheApp forany commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

7.5      We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 7.4 but we are not responsible for any 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 granted you the EULA.

 

7.6      Our maximum aggregate liability under or in connection with this EULA (including youruseofanyServices)  whetherincontract,  tort(includingnegligence)  or otherwise, shall in all circumstances be limited to £100. This does not apply to the types of loss set out in condition 7.7.

 

7.7      Nothing in this EULA shall limit or exclude our liability for:

 

(a)                 death or personal injury resulting from our negligence;

(b)                 fraud or fraudulent misrepresentation; and

(c)                  any other liability that cannot be excluded or limited by English law.

 

7.8      Your liability to us is not limited.  Furthermore, you agree to pay to us by way of liquidated damages a fee of £1.20 every time you use the Service, offer to take goods and/or services from Third-party Sites and/or Business Users, but fail to engage further with them.

 

8.    TERMINATION

 

 

8.1           We may terminate this EULA immediately by written notice to you:

 

(a)                 if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and

 

(b)                 ifyoubreachanyoftheLicenceRestrictionsortheAcceptableUse Restrictions.

 

8.2           On termination for any reason:

 

(a)                 all rights granted to you under this EULA shall cease;

 

(b)                 youmustimmediatelyceaseallactivitiesauthorisedbythisEULA, including your use of any Services;

 

(c)                  you mustimmediatelydeleteorremovetheAppfrom allDevices,  and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so;

 

(d)                 [[we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services [and the Appstore]];and]

 

(e)                 You accept that any rating that you have built may be lost.

 

9.    COMMUNICATION BETWEEN US

 

9.1           If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to Old Park, Old Park Lane, Chichester, West Sussex PO18 8AP and/or enquiries@[                        ].com. We will confirm receipt of this by contacting you in writing, normally by e-mail.

 

9.2           If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.

 

10. EVENTS OUTSIDE OUR CONTROL

 

10.1      We willnotbeliableorresponsibleforanyfailuretoperform,  ordelayin performance of, any of our obligations under this EULA that is caused by any act or eventbeyondourreasonablecontrol,  includingfailureofpublicorprivate telecommunications networks (Event Outside Our Control).

 

10.2      IfanEventOutsideOurControltakesplacethataffectstheperformanceofour obligations under this EULA:

 

(a)          ourobligationsunderthis  EULA willbesuspendedandthetimefor performanceofourobligationswillbeextended forthedurationofthe Event Outside Our Control; and

 

(b)         we willuseourreasonableendeavourstofindasolutionby whichour obligations under this EULA may be performed despite the Event Outside Our Control.

 

11. OTHER IMPORTANT TERMS

 

11.1       We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

 

11.2       You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

 

11.3       If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

11.4       Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

 

11.5       Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. This agreement has been entered into on the date stated at the beginning of it.