[title style=”center” text=”End User License agreement”]
[col span=”1″ span__sm=”12″]
[col span=”10″ span__sm=”12″]
PLEASE READ CAREFULLY BEFORE DOWNLOADING OR USING THE PIN IT APP
This end-user licence agreement (“EULA”) is a legal agreement between you (“End-user” or “you”) and Pin iT Limited (Licensor, us or we) for the “Pin iT App” mobile application software (the “App”).
We license 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 from whose website you have downloaded the App (the “Appstore” and the “Appstore Rules”) as well as our Terms and Conditions for purchasing the hardware and software that is intended to work in conjunction with the App to allow you to use it as intended. We do not sell the App to you; we remain the owners of the App at all times.
OPERATING SYSTEM REQUIREMENTS THIS APP REQUIRES:
- AN IOS OR ANDROID DEVICE.
- INTERNET ACCESS AND SPEEDY CONNECTION AND THE WORKING OF ANY BROWSER. PLEASE NOTE THE APP IS BASED IN THE CLOUD AND THEREFORE DOES NOT CONSUME VAST QUANTITIES OF LOCAL RESOURCE SUCH AS MEMORY AND PROCESSOR.
- BY DOWNLOADING THE APP OR CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THE TERMS OF THIS EULA WHICH WILL LEGALLY BIND YOU. THE TERMS OF THIS EULA INCLUDE, IN PARTICULAR, THE PRIVACY AND COOKIES POLICY DEFINED IN CLAUSE 2.6 AND LIMITATIONS ON LIABILITY IN CLAUSE 8.
- IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST STOP THE DOWNLOADING PROCESS NOW BY CLICKING ON THE “CANCEL” BUTTON BELOW. IN THIS CASE THE DOWNLOADING PROCESS WILL TERMINATE.
You should print a copy of this EULA for future reference. This EULA can be accessed via your account at www.pinit.co..
- Information about us
1.1 Pin iT Limited, a company registered in England and Wales. Our company registration number is 10258286 and our registered office is at Inwood House, 5 Castlecroft Road, Bury, England, BL9 0LN.
1.2 You can contact us by telephoning our customer service team at 01613021882 or by writing to us at firstname.lastname@example.org.
1.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order (as defined below).
1.4 When we use the words “writing” or “written” in this EULA, this includes emails.
1.5 In this EULA, 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.
2.1 The terms of this EULA apply to the App or any of the services accessible through the App (the “Services”), including any updates or supplements to the App or any 2
Services, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Services, the terms of an open-source licence may override some of the terms of this EULA.
2.2 We may change this EULA at any time by sending you an email with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
2.3 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 Services until you have downloaded the latest version of the App and accepted any new terms.
2.4 From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
2.5 If the device onto which you intend to download the App (“Device”) is not owned by you, you will be assumed to have obtained permission from the owner of that Device to download a copy of the App onto that Device. You and they may be charged by your and their service providers for Internet access on the Device. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Services on or in relation to any Device, whether or not it is owned by you.
2.6 The terms of our Privacy and Cookies Policy (“Privacy and Cookies Policy”) are incorporated into this EULA by reference and apply to the Services. Additionally, by using the App or any Services, 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 any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
2.7 By using the App or any of the Services, you consent to us collecting and using technical information about the Device and related software, hardware and peripherals for Services that are Internet-based or wireless to improve our products and to provide any Services to you.
2.8 The Services will make use of location data sent from the Device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, 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 Device.
2.9 The App or any Services may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
2.10 You acknowledge that the App and Services are not a replacement for the parental responsibility of watching your children, knowing their location and knowing the risks that they may be exposed to. You should take into account all appropriate risk factors when using the App and Services and take suitable precautions when necessary. The App does not guarantee the safety and security of your children. 3
- The Services
3.1 You may only download and use the App if you are at least 18 years’ old.
3.2 When using the App and the Services you will be able to receive up-to-the minute location information for your children to your Device via the App. It is your responsibility to ensure that your children understand how the Service works and how we use their data (by reference to our Privacy and Cookies Policy). You must have push notifications enabled on your Device in order for the Services to work.
3.3 You use the Services at your own risk.
- Grant and scope of licence
4.1 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 Device, subject to these terms, the Privacy and Cookies Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.
4.2 You may download a copy of the App onto one mobile device and to view, use and display the App on the Device for your personal purposes only.
- 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; 4
(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 any Service (“Technology”);
together, the “Licence Restrictions”.
- Acceptable use restrictions
(a) not use the App or any Services 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 Services or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Services, including the submission of any material (to the extent that such use is not licensed by this EULA);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Services;
(d) not use the App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Service.
together “Acceptable Use Restrictions”.
- Intellectual property rights
7.1 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 App or the Technology other than the right to use each of them in accordance with the terms of this EULA.
7.2 You acknowledge that you have no right to have access to the App in source-code form.
- Limitation of liability
8.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
8.2 We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and, subject to clause 8.4 below, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3 If we fail to comply with this EULA, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this EULA or our failing to use reasonable 5
care and skill, but, subject to clause 8.4 below, 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 agreed to comply with the EULA, both we and you knew it might happen, for example, if you discussed it with us before downloading the App.
8.4 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/or
(c) any other liability that cannot be excluded or limited by English law.
9.1 This EULA shall commence on the date on which you download the App and accept the terms of this EULA. This EULA will continue until you delete the App, or we otherwise terminate this EULA and your right to use the App.
9.2 Without prejudice to any of our rights or remedies, whether under this EULA or at law, we may terminate this EULA for any reason with immediate effect by giving you notice.
9.3 On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA, including, but not limited to, your use of any Services;
(c) you must immediately delete or remove the App from the Device, and immediately destroy all copies of the App (if any) then in your possession, custody or control and certify to us that you have done so;
(d) we may remotely access the Device and remove the App from it and cease providing you with access to the Services; and
(e) for the avoidance of doubt, for any Order in respect of which you have already received an Order acceptance from the relevant Venue, you have a contract with that Venue (and not us) in respect of that Order which will be unaffected by termination of this EULA only.
- Communication between us
10.1 If you wish to contact us in writing, or if any provision 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 Pin iT Limited at Inwood House, 5 Castlecroft Road, Bury, England, BL9 0LN and email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
10.2 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.
- Other important terms
11.1 We may transfer this EULA to someone else: We may transfer our rights and obligations under this EULA to another organisation.
11.2 You need our consent to transfer your rights under this EULA to someone else: You may only transfer your rights or your obligations under this EULA to another person if we agree to this in writing. 6
11.3 Nobody else has any rights under this EULA: This EULA is between you and us. No other person shall have any rights to enforce any of its terms.
11.4 If a court finds part of this EULA illegal, the rest will continue in force: Each of the conditions of this EULA operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining conditions will remain in full force and effect.
11.5 Even if we delay in enforcing this EULA, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under this EULA, or if we delay in taking steps against you in respect of your breaking this EULA, 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.
11.6 Which laws apply to this EULA and where you may bring legal proceedings: This EULA (including, but not limited to, all non-contractual disputes and claims arising out of or in connection with it) shall be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with this EULA shall be subject to the exclusive jurisdiction of the English courts, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract) 7
(Complete and return this form only if you wish to withdraw from the contract)
To [PIN IT LIMITED, INWOOD HOUSE, 5 CASTLECROFT ROAD, BURY, LANCASHIRE. BL9 0NS 01613021882
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the Products and the supply of the Services.
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[col span=”1″ span__sm=”12″]