APP USER TERMS/LICENCE AGREEMENT
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY ACCEPTING THESE TERMS, YOU WILL BE BOUND BY THEM.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT DOWNLOAD THE APPLICATION.
Who we are and what this Agreement does
We are OBLIX ODS LTD whose registered office is at Rodney Chambers, 40 Rodney Street, Liverpool, England, L1 9AA.
and whose company registered number is 12800476.
("we" "us" “our”) license you to use:
· The “i need” mobile application (Application), all services and content provided or made accessible through the Application (Service(s)) and any updates or supplements to it;
· The related online documentation (Documentation).
as permitted in these terms.
Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice and it is important that you read that information.
2. Additional terms for specific Services
In addition:-
2.1 If you are a consumer and you register to purchase services from an independent supplier through the i need Application your booking/purchases of Services will be governed by our Consumer Conditions which can be found at Consumer Terms
2.2 If you are a services provider and you register to provide Services through the Application you will be subject to the service providers’ terms Provider Terms and you also acknowledge and agree to our Consumer Conditions which can be found at Consumer Terms.
2.3 The ways in which you can download and use the Application and Documentation may also be controlled by Apple’s and Google's rules and policies that are available on their app stores [ App Store , Google ]
3. Operating system requirements
This Application requires a smart phone or handheld device with sufficient memory and a version of either an iOS or Android operating system that enables the Application to function. Devices which do not meet the minimum requirements of iOS or Android operating system version cannot be installed and will not be able to download the Application. It is possible that an update of the device’s operating system will enable downloading of the Application.
4. Support for the Application and how to tell us about problems
Support. If you want to learn more about the Application or have any problems using it, please take a look at our support resources at I NEED .
Contacting us (including with complaints). If you think the Application is faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at enquiries@ineed.co.uk.
How we will communicate with you. If we have to contact you, we will do so by email, by SMS using the contact details you have provided to us.
5. How you may use the Application, including how many devices you may use it on
In return for you agreeing to comply with these terms you may:
· download or stream a copy of the i need Application onto your smart phone and any of your handheld devices using the same login, account and profile and view, use and display the Application on such devices for your personal purposes only.
· use any Documentation to support your permitted use of the Application.
· provided you comply with clause 12, the LICENCE RESTRICTIONS you may make up to one copy of the Application and the Documentation per device for back-up purposes; and
· receive and use any free supplementary software update of the Application incorporating "patches", corrections of errors, and new features as we may provide to you.
6. You must be 18 to accept these terms and DOWNLOAD the Application
You must be 18 or over to accept these terms and buy the Application.
7. You may not transfer the Application to someone else
We are giving you personally the right to use the Application as set out above. You may not otherwise transfer the Application to someone else, whether for money, for anything else or for free. If you sell any device on which the Application is installed, you should remove the Application from it.
We may need to change these terms to reflect changes in law, regulations or best practice or to deal with additional features to the Application which we introduce. We keep these under regular review. This version was last updated on 12 April.
We will give you at least 30 days’ notice of any change to the terms by sending you an SMS with details of the change or notifying you of a change when you next start the Application.
If you do not accept the notified changes or revised terms you will not be permitted to continue to use the Application.
9. UPDATE TO THE APP AND CHANGES TO THE SERVICE
From time to time, we may automatically update the Application to improve or modify performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Application for these reasons.
There are two different types of changes we will make to the Application, Type A and Type B. Type “A” changes will be applied from the effective date notified unless you choose to formally reject the notified changes in which case your account will be closed with any credit due for unused, subscribed time being refunded. You will no longer be able to continue using the Application.
Type “B” changes will automatically be available as notified. Should you formally reject these enhanced features then your version of the Application will not be updated to include such additional features.
The Application will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you download it.
10. If someone else owns the phone or device you are using
If you download or stream the Application onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
11. We are not responsible for other websites you link to
The Application (or any Service accessed through it) may contain links to other independent websites or apps which are not provided by us. Such independent sites or apps are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
· not rent, lease, sub-license, loan, provide, or otherwise make available, the Application or the Services in any form, in whole or in part to any person without prior written consent from us;
· not copy the Application, Documentation or Services, except as part of the normal use of the Application or where it is necessary for the purpose of back-up or operational security;
· not translate, merge, adapt, vary, alter or modify, the whole or any part of the Application, Documentation or Services nor permit the Application or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Application and the Services on devices as permitted in these terms;
· not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Application or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Application to obtain the information necessary to create an independent program that can be operated with the Application or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
· is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
· is not used to create any software that is substantially similar in its expression to the i need Application;
· is kept secure; and
· is used only for the Permitted Objective;
· complies with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Application or any Service.
13. Acceptable use restrictions
You must:
· not use the Application or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Application, any Service or any operating system;
· not infringe our intellectual property rights or those of any third party in relation to your use of the Application or any Service;
· not transmit any material that is defamatory, obscene, offensive, untrue, misleading, unlawful or otherwise objectionable in relation to your use of the Application or any Service;
· not offer any Service on the Application that is not aligned with our core values or are of an adult/explicit nature
· not use the Application or any Service in a way that could damage, disable, overburden, impair or compromise our reputation, systems or security or interfere with other users; and
· not collect or harvest any information or data from the Application, any Service or and on our systems or attempt to decipher any transmissions to or from the servers running any Service.
14. Intellectual property rights
All intellectual property rights in the Application, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the Application and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Application, the Documentation or the Services other than the right to use/access them in accordance with these terms.
15. Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking these terms or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses.
If you are a consumer, we provide the Application only for your domestic and private use. If you use the Application for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If you are a service provider, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. The further provisions set out in the service providers’ terms also apply.
Limitations to the Application and the Services. The Application and the Services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Application or the Service. Although we make reasonable efforts to update the information provided by the Application and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the Application. We recommend that you back up any content and data used in connection with the Application, to protect yourself in case of problems with the Application or the Service.
Check that the Application and the Services are suitable for you. The Application and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Application and the Services (as described on the app store sites and, in the Documentation) meet your requirements. The Application is a peer-to-peer platform, and we cannot be liable for the performance of service providers that you contract with through the Application or for their services but we do endeavour through our business processes to ensure that any inappropriate services or poor-performing service providers are removed in accordance with our service provider terms.
We are not responsible for events outside our control. If our provision of the Services or support for the Application or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any unused time on the Application that you have been paid for but not received.
16. We may end your rights to use the Application and the Services if you break these terms
We may end your rights to use the Application and Services at any time by contacting you if you have broken these terms in a serious way or when we are otherwise legally entitled to do so. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the Application and Services:
· You must stop all activities authorised by these terms, including your use of the Application and any Services.
· You must delete or remove the Application from all devices in your possession and immediately destroy all copies of the Application which you have and confirm to us that you have done this.
· We may block access to the Application by suspending or deleting your account and thereby cease providing you with access to the platform.
17. We may transfer this Agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18. You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
19. No rights for third parties
This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 (UK) to enforce any term of this Agreement.
20. If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
21. Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
22. Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Version1/End User Licence/12Apr24
