Terms & Conditions
- Some definitions
- What this is all about introduction to our terms and conditions
- Changing our terms and conditions
- Forming a contract with us
- Your right to use our App
- Who can use our App?
- Acceptable use of our App
- Other peoples services advertising websites
- Your account
- Refer A Friend
- Compatibility of App
- Functioning of our App
- Ending or suspending this contract
- Liability estrictions on our legal responsibility (IMPORTANT)
- Intellectual property rights
- Events outside our control
- Legal compliance
- Apple Inc is a "Third-Party-Beneficiary"
- English law
- General but important stuff
- Company information
1.1 We are Bringova Ltd. Our company information is at the end of this document.
2.1 Here are some definitions which are used in this document (all capitalised):
a)“App” – the Bringova mobile application.
b)“Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
c)“Content” - all information of whatever kind uploaded to our App (including messages sent via our App).
d)Store” – the app distributor from which you download the App (e.g. Apple App Store, Google Play App Store).
e)“Store Rules” – any applicable rules, policies or terms of the relevant Store.
f)“User” - persons or organisations using our App.
3.What this is all about – introduction to our terms and conditions
3.1 These terms and conditions are an “end user licence agreement” between you and us (not the Store) in relation to our App (i.e. setting out how we allow you to use our App). You also agree to be legally bound by the Store Rules.
4.Changing our terms and conditions
4.1 We may change these terms and conditions by giving notice by email, SMS and/or in-app message. You shall be bound by the revised agreement if you continue to use our App following the effective date shown.
5.Forming a contract with us
5.1 By downloading our App, you enter into a legal contract with us.
6.Your right to use our App
6.1 We grant you a limited personal non-transferable right to use our App on any applicable device owned or controlled by you (only Apple-branded where Apple Inc is the Store) subject to these terms and conditions and, where applicable, in accordance with the Store Rules.
7.Who can use our App?
7.1 Our App is designed for, and may only be used by, people who genuinely intend to buy goods from us.
8.Acceptable use of our App
8.1 You undertake not to do any of the following in connection with the App:
a) breach any applicable law, regulation or code of conduct;
b) use the App to provide a similar service to third parties or otherwise with a view to competing with us;
c) use the App for junk mail, spam, pyramid or similar or fraudulent schemes;
d) do anything which may have the effect of disrupting the App including denial of service attacks, worms, viruses, software bombs or mass mailings;
e) do anything which may negatively affect other Users’ enjoyment of the App;
f) use any automated means to interact with our systems excluding public search engines; or
g) attempt, encourage or assist any of the above.
9.Other peoples’ services / advertising / websites
9.1 We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
10.1 If we ourselves provide any guidance or other general information on our App, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
11.1 Unless otherwise specifically stated on our App, your account is for your personal use only and is non-transferable. You undertake not to allow any other person to use your account. You undertake to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
12.Refer A Friend
12.1 Any “Refer A Friend” or similar offer on our App is subject to the following:
a)Any time limits for use of any applicable code / credit which we specify in the App.
b)Any other conditions specified in the App.
c)The referrer and the “friend” must not have breached this agreement.
d)The “friend” must be a new and genuine User of the App.
e)No cash payment is available in place of the code / credit, which are non-transferrable.
f)We reserve the right to withdraw the offer at any time without notice.
13.1 We do not supply support except to the extent specifically stated on our App, as may be varied from time to time. You acknowledge that the Store has no obligation to supply any maintenance and support services in relation to the App.
14.Compatibility of App
14.1 The App is compatible with applicable mobile devices and associated operating systems (OS’s) which have been released as at the date we launched the App (or as at the most recent App update). We do not guarantee that the App is or will be compatible with any other devices or OS’s. We may issue App updates through the Store; if so, you may not be able to use our App properly or at all until you have downloaded the update, which may be subject to the agreement of new terms and conditions. It is your responsibility to frequently monitor for App updates and to install them as soon as they become available.
15.Functioning of our App
15.1 We do not guarantee that the App will be uninterrupted or error-free and we are not responsible for any losses arising from such interruptions or errors. We are entitled, without notice and without liability to suspend the App for repair, maintenance, improvement or other technical reason.
16.Ending or suspending this contract
16.1 You may at any time end this contract by deleting your account in accordance with the instructions on our App and by uninstalling the App from all of your devices.
16.2 We are entitled at any time for any reason (with or without notice) to end this contract or suspend part or all of our App or impose restrictions on use of our App.
16.3 If either of us ends this contract:
a)Your right to use our App and all licences are terminated.
b)Existing rights and liabilities are unaffected.
c)All clauses in this contract which are stated or intended to continue after termination will continue to apply.
d)You must not attempt to re-register for or continue to use our App if we have given you notice of termination.
17.Liability – restrictions on our legal responsibility (IMPORTANT)
17.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
17.2 Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
a)there is no breach of a legal duty owed to you by us or by any of our employees or agents; b)such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract); c)such loss or damage is caused by you, for example by not complying with this agreement; or d)such loss or damage relates to a business of yours.17.3 Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our App (subject of course to our obligation to mitigate any losses).
17.4 The following clauses apply only if you are not a Consumer:
a)In no event (including our own negligence) will we be liable for any:
•economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
•loss of goodwill or reputation;
•special, indirect or consequential losses; or
•damage to or loss of data
(even if we have been advised of the possibility of such losses).
b)You will indemnify us against all claims and liabilities directly or indirectly related to your use of the App and/or breach of this agreement.
c)To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
d)This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
a)In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if applicable). 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 or expenses attributable to any failure to conform to any warranty will be our sole responsibility subject to these terms and conditions. b)We, not Apple, are responsible for addressing your claims or the claims of any third party relating to the App or the end-user’s possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation including use of HealthKit and HomeKit frameworks.
18.Intellectual property rights (e.g. copyright)
18.1 The intellectual property rights in all material used on or in connection with our App) are owned by us or by our partners. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
18.2 Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our App without our specific prior written consent.
18.3 You must not circumvent or otherwise interfere with any security related features of the App or features that limit or prevent copying of Content or which restrict use of Content.
18.4 [App] You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.
20.Events outside our control
20.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
21.1 You promise that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. (This clause is required by Apple, Inc.)
22.Apple Inc is a "Third Party Beneficiary"
22.1 Where Apple Inc is the Store: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.
23.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
24.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.
25.General but important stuff
25.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated above). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
26.1 If you have any complaints, please contact us via the contact details shown below.
27.1 Company name: Bringova Limited
27.2 Trading name: Bringova
27.3 Country of incorporation: England and Wales.
27.4 Registered number: 12366687
27.5 Registered office: Unit 22 Willoughby Lane, London, N17 0YL, UK.
27.6 Main trading address: 11 Fairways Cheshunt, New River Trading Estate, Waltham Cross EN8 0NJ.
27.7 Contact email address: [email protected]
27.8 Other contact information: See our website.