License Terms and Conditions
PLEASE READ THESE LICENCE TERMS AND CONDITIONS CAREFULLY
BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW. PLEASE NOTE THAT BY CLICKING "REJECT" YOU WILL NOT BE ABLE TO USE WALKSAFE.
1 WHO WE ARE AND WHAT THIS AGREEMENT DOES
1.1 We Chaperhome Limited (Company number 10641845) of Watergate House, 85 Watergate Street, Chester, England, CH1 2LF license you to use:
1.1.1 WalkSafe (version [2.8/3.0]) mobile application software, the data supplied with the software, ("App") and any updates or supplements to it;
1.1.2 the service you connect to via the App and the content we provide to you through it ("Service")
as permitted in these terms.
3 [APPLE APP STORE / GOOGLE PLAY STORE] TERMS ALSO APPLY
3.1 The ways in which you can use the App and the Services may also be controlled by [Apple/Google]'s rules and policies and those rules and policies will apply instead of these terms where there are differences between the two.
4 OPERATING SYSTEM REQUIREMENTS
4.1 This app requires a device with a minimum of 100mb of memory and [iOS/Android] version [10/7].
5 SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
5.1.1 Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at https://www.walksafe.io/faq.
5.1.2 Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at email@example.com.
5.1.3 How we will communicate with you. If we have to contact you we will do so by email, by SMS or by telephone, using the contact details you have provided to us.
6 HOW YOU MAY USE THE APP
6.1 In return for your agreeing to comply with these terms you may:
6.1.1 download or stream a copy of the App and view, use and display the App and the Service for your personal purposes only.
6.1.2 make one copy of the App for back-up purposes; and
6.1.3 receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
6.2 You confirm that you will not notify us of an event in your local area in a malicious or misleading way or without an honest belief that it is occurring. Where we have reason to believe that you have done so (including where other users advise us of this) we shall suspend your ability to notify us of events for one week and if you continue to do so we may close your account and/or block your access to the App or Service.
6.3 You acknowledge and understand that notifications of events are provided based on information we receive from other users and we cannot therefore guarantee the accuracy of the listed events (or lack thereof) and accept no liability for any actions that you may take or refrain from taking in reliance of such events (or lack thereof).
7.1 We offer a number of ways to use the App and the Service:
7.1.1 non account - you are not required to create or log into an account with us. This allows you to participate in the App and view any events in your local area, but does not allow you to access any other features (including submitting events and/or using the TapSafe, HomeSafe or Check-in features);
7.1.2 account – this allows you to use all features of the App and the Service.
You must be 16 or over to accept these terms and download the App. Users under the age of 16 can still accept these terms and conditions and download the App but they must have the consent of a parent or guardian before they do this and by clicking “accept” you confirm to us that you have this consent.
9 YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Service you may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
10 CHANGES TO THESE TERMS
10.1 We may need to change these terms to reflect changes in law, best practice, to deal with additional features which we introduce or to reflect changes in how we operate the Services following customer feedback.
10.2 We will give you at least 30 days notice of any change notifying you of a change when you next start the App.
10.3 If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
11 UPDATE TO THE APP AND CHANGES TO THE SERVICE
11.1 From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
11.2 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.
12 IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App 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.
13 WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you, including device unique identifiers.
14 WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
14.1 All Services will make use of location data sent from your device. 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 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 the location-based Services.
14.2 You may stop us collecting such data at any time by turning off the location services settings on your device however doing so will critically impair the operation of the App and Services rendering all Services (other than the Dashboard) inoperable.
15 LICENCE RESTRICTIONS
15.1 You agree that you will:
15.1.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
15.1.2 not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
15.1.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App 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 App and the Services on devices as permitted in these terms;
15.1.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things;
15.1.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
16 ACCEPTABLE USE RESTRICTIONS
16.1 You must:
16.1.1 not use the App 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 App, any Service or any operating system;
16.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);
16.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
16.1.4 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
16.1.5 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.
17 INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
18 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
18.1 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 our 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.
18.2 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.
18.3 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.
18.4 We are not liable for business losses. The App is for domestic and private use. If you use the App 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.
18.5 Limitations to the App and the Services. The App and the Services are provided for general information purposes only. They do not guarantee the safety of any person using them and in particular we make no promises, warranties, or representations that:
18.5.1 persons using the App will be protected from any physical attack or other damage;
18.5.2 the App will bring any such attack or damage to an early end;
18.5.3 any such attack or danger will be notified to any protectors promptly or at all;
18.5.4 any protectors will be able to safely or accurately locate you in the event of a notification of danger or an attack.
18.6 Although we make reasonable efforts to maintain the accuracy of any information (including location data at any given time) provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
18.7 Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
18.8 Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the app store site) meet your requirements.
18.9 We are not responsible for events outside our control. If our provision of the Services or support for the App 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 Services you have paid for but not received.
19 WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
19.1 We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
19.2 If we end your rights to use the App and Services:
19.2.1 You must stop all activities authorised by these terms, including your use of the App and any Services.
19.2.2 You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
19.2.3 We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
20 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.
21 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.
22 NO RIGHTS FOR THIRD PARTIES
This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
23 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.
24 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.
25 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. The App and the Services are currently not available to users in any other countries and if you are located in any other country you must not use the App or the Services.