Terms and Conditions

TERMS AND CONDITIONS

 

BACKGROUND:

 

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms and conditions of use under which you may use the Whatchadoing App (“Our App”) and the website www.whatchadoing.app (“Our Website”).  Please read these Terms and Conditions carefully and ensure that you understand them.  You will be required to read and accept these Terms and Conditions to use Our App and our Website.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Website and Our App immediately.

 

 

1.Definitions and Interpretation 

1.1          In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

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“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Website and Our App or Our Website;

 

Mobile Device

means a mobile telephone, tablet or other electronic device that has access to the Internet

 

Our App

The Whatchadoing App ;

 

Our Website

The website at www.whatchadoing.app

 

“User/You”

Means a user of Our App or Our Website;

 

“We/Us/Our”

means Apps2Data (Holdings) Limited, a limited company registered in Scotland under company number SC247471 whose registered address is 7 Palmerstone Place, Edinburgh, EH12 5AH

 

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2.Information About Us

2.1          Our App and Our Website is owned by Apps2Data (Holdings) Limited, a limited company registered in Scotland under company number SC247471 under whose registered address is 7 Palmerstone Place, Edinburgh, EH12 5AH.  

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3.Access to Our Website and Our App 

3.1          Access to Our Website and Our App is free of charge and You are not required to register with Us. 

3.2          It is your responsibility to make any and all arrangements necessary in order to access Our Website and Our App.

3.3          We may from time to time make changes to Our Website and Our App. These changes may consist of

3.3.1           Changes to the functionality of Our Website ad Our App. 

3.3.2           Changes to fix an error or to address a security issue.  

3.3.3           Changes to reflect changes in the law or other regulatory requirements.  

3.4          These changes will be implemented by updates to Our Website and Our App which will be made available to Users to be downloaded.

3.5          You are required to use the latest version of Our Website and Our App.

3.6          We will always aim to ensure that Our Website and Our App is available at all times.  In certain limited cases, however, We may need to temporarily suspend availability to Our Website and Our App and if so, We shall notify  Users in advance.

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4.Our Intellectual Property Rights and Licence

4.1          We grant each User a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Our Website and Our App for purposes of helping the User with his or her timekeeping and time management. 

4.2          By accepting these Terms and Conditions, you hereby undertake:

4.2.1           Not to disassemble, decompile or otherwise reverse engineer Our Website and Our App;

4.2.2           Not to allow or facilitate any use of Our Website and Our App that would constitute a breach of these Terms and Conditions; and

4.2.3           Not to embed or otherwise distribute Our Website and Our App on any website, ftp server or similar.

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5.Acceptable Usage Policy

5.1          You may only use Our Website and Our App in a manner that is lawful and that complies with the provisions of this Agreement.  Specifically:

5.1.1           You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;

5.1.2           You must not use Our Website and Our App in any way, or for any purpose, that is unlawful or fraudulent;

5.1.3           You must not use Our Website and Our App to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and

5.1.4           You must not use Our Website and Our App in any way, or for any purpose, that is intended to harm any person or persons in any way.

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5.2          We reserve the right to suspend or terminate your use of and/or your access to Our Website and Our App if you materially breach the provisions of this clause or any of the other provisions of these terms and conditions.  Specifically, We may take one or more of the following actions:

5.2.1           Suspend, whether temporarily or permanently, your Account and/or your right to access Our Website and Our App;

5.2.2           Issue you with a written warning;

5.2.3           Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

5.2.4           Take further legal action against you as appropriate;

5.2.5           Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or

5.2.6           Any other actions which We deem reasonably appropriate (and lawful).

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5.3          We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.

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6.Advertising

6.1          We may feature advertising within Our Website and Our App.

 

6.2          You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.

 

6.3          We are not responsible for the content of any advertising in Our Website and Our App.  Each advertiser is responsible for the content of their own advertising material.  We will not be responsible for any advertising in Our Website and Our App including, but not limited to, any errors, inaccuracies, or omissions.

 

7.Disclaimers

7.1          No part of Our Website and Our App or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only.  

 

7.2          Subject to any legal rights you may have as a consumer, insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Website and Our App will meet your requirements, that it will be fit for a particular purpose, that it will be compatible with all software and hardware, or that it will be secure.

 

8.Our Liability

8.1          If you are a consumer, We will be liable to you for any foreseeable loss or damage that is caused by Us as a result of Our breach of these Terms and Conditions or Our failure to exercise reasonable care and skill but not otherwise.

 

8.2          If you are a business, to the fullest extent permissible by law, We accept no liability for any loss (foreseeable or otherwise) in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our Website and Our App or the use of or reliance upon any Content included in Our Website and Our App.

 

8.3          To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Website and Our App.

 

8.4          Without prejudice to your consumer rights, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

 

8.5          We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Website and Our App (including the downloading of any Content from it) or from any other website We may provide a link to.

 

8.6          Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

9.Viruses, Malware and Security

9.1          We exercise all reasonable skill and care to ensure that Our Website and Our App is secure and free from viruses and other malware. We do not, however, guarantee that Our Website and Our App is secure or free from viruses or other malware and accept no liability in respect of the same.

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9.2          You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.

 

9.3          You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Website and Our App.

 

9.4          You must not attempt to gain unauthorised access to any part of Our Website and Our App, the server on which Our Website and Our App is stored, or any other server, computer, or database connected to Our Website and Our App.

 

9.5          You must not attack Our Website and Our App by means of a denial of service attack, a distributed denial of service attack, or by any other means.

 

10.Data and Privacy

The Use of data of yours that you provide on Our Website and Our App is governed by Our Data Protection and Privacy Policy, available from www.whatchadoing.app.  This policy is incorporated into these Terms and Conditions by this reference.

 

11.Other Important Terms

11.1       We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

 

11.2       You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

 

11.3       The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

 

11.4       If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

 

11.5       No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

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12.Changes to these Terms and Conditions

12.1       We will not change these Terms and Conditions save that we reserve the right to require you to agree to our latest terms and conditions when releasing a new version of Our Website and Our App. If We decide to change the Terms and Conditions for a new version of Our Website and Our App, You may

a)             accept those terms and conditions and download the new version of Our Website and Our App; or

b)             decline to accept those terms and conditions and in which case, You shall not be entitled to use Our Website and Our App.

 

12.2       In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

13.Contacting Us

To contact Us, please email Us at walter.tyser@whatchadoing.app

 

14.Law and Jurisdiction

14.1       These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales

 

14.2       If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause

14.1 above takes away or reduces your rights as a consumer to rely on those provisions.

 

14.3       If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency. 

 

14.4       If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.