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PAGEONE COMMUNICATIONS LIMITED (PageOne) Smart Phone Application – End User License Agreement (“EULA”)

Introduction

This is the EULA for the mobile application we make available for download for a) iPhone and other devices using Apple’s iOS operating system, b) Android devices using AOS operating System, and c) Blackberry devices using Blackberry operating systems (“App”).

The App is provided by PageOne Communications Limited trading as PageOne (we, us and our). We are a limited company, registered in England. Our registered company number is 04560277, and our registered office is at Great West House 12th Floor GW1, Great West Road, Brentford, Middlesex TW8 9DF. Our VAT registration number is GB 731512468. Our App may be downloaded from the online “App Store”, which is operated and owned by Apple Inc. and other companies within its group (“Apple”); for Google’s Android platform, the Google Play Store; and, in respect of RIM’s BlackBerry platform, the BlackBerry App World.

The terms of this EULA should be read together with the Privacy Statement www.pageone.co.uk/privacy-statement. Your use of the App is subject to (1) this EULA; and (2) the Privacy Statement (together the “Terms of Use”). By downloading and/or using the App you agree to be bound by the Terms of Use.

We can change the Terms of Use at any time by notifying you of a change and asking for your consent when you next use the App. The new Terms of Use will be displayed on-screen and you will be required to accept them before you continue to use the App.

From time to time we may issue updates to the App. You may be required to download the latest version of the App and accept any accompanying changes to the Terms of Use before you are able to continue to use the App.

Access to the App

The licence granted to you for the App is limited to a non-transferable licence to use it on an iOS, product that you own or control and as permitted by the Usage Rules set out in the App Store Terms of Service, so you must make sure that you use an appropriate device to access and use the App.

The licence granted to you for the App is limited to a non-transferable licence to use it on Google’s Android platform and RIM’s BlackBerry platform that you own or control and as permitted by the usage terms set out in the Android and Blackberry App stores terms of service, so you must make sure that you use an appropriate device to access and use the App.

The App may only be accessed using valid credentials issued by us from time to time for your use of the App. It is your responsibility to ensure your device (Apple, Android or BlackBerry) meets all the necessary technical specifications to enable you to access and use the App and is compatible with the App.

Your use of the App is subject to the restrictions set out in our Fair Use Policy as updated from time to time on our website (www.pageone.co.uk/fairuse) which can be accessed by clicking this link www.pageone.co.uk/fair-use-policy . In part, our Fair Use Policy restricts the number of messages that you are able to send and receive through the App.

We cannot guarantee that the App will operate fault-free or continuously. The App’s operation may be impaired or adversely affected by other applications using Apple’s iOS operating system, the Android operating system or the Blackberry operating system, on your device or due to problems with your device’s connection to the internet. The speed of transmission and/or delivery of messages through the App may also be affected by third party network operators and service providers and/or other circumstances outside of our control. In some circumstances, it may not be possible for a message to be sent to or from the App successfully and the transmission of large volumes of messages may be subject to delays or restrictions.

There may be times when certain features, parts or content of the App, or the entire App, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. For example, to ensure the availability of the App, we may restrict the number of messages that you may transmit from time to time without prior notice. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the App, or any features, parts or content of the App.

What you are not allowed to do

Except to the extent expressly set out in these terms, you are not allowed to:

  • reverse engineer, disassemble, decompile, translate or otherwise attempt to create the source code from the App;
  • modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or transfer the App;
  • remove or alter any trademark, logo, copyright, patent, or other proprietary notices in the App;
  • rent, lease, sublicense, grant a security interest in, or otherwise transfer any rights to the App;
  • anything that is not expressly permitted by the Terms of Use.

You must only use the App for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under the Terms of Use will terminate immediately in the event that you are in breach of any of them.

To do anything with the App that is not expressly permitted by the Terms of Use, you will need a separate licence from us. Please contact us using the Contacting us details at the end of this EULA.

Apple flow down terms

You acknowledge that:

  • Apple has no obligation at all to provide any support or maintenance services in relation to the App. If you have any maintenance or support questions in relation to the App, please contact us, not Apple or, using the Contacting Us details at the end of this EULA;
  • although the Terms of Service are entered into between us and you (and not Apple or its subsidiaries), Apple and its subsidiaries, as third party beneficiaries under these Terms of Use, will have the right to enforce these terms against you;
  • except as otherwise expressly set out in these terms, any claims relating to the possession or use of the App are between you and us (and not between you, or anyone else, and Apple); and
  • in the event of any claim by a third party that the App or your possession or use (in accordance with the Term of Use) of the App infringes any intellectual property rights, we (and not Apple or its subsidiaries) will be responsible for any such claim.

You represent and warrant that:

  • you are not, and will not, be located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and
  • you are not listed on any United States Government list of prohibited or restricted parties.

If the App does not conform with any warranty applying to it, you may notify Apple, which may then refund the purchase price of the App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, liabilities, damages, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content.

Intellectual property rights

We retain all ownership rights (including all intellectual property and other proprietary rights) in the App and in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Nothing in the Terms of Use grants you any ownership interest or license except for the licenses set out in the Terms of Use and you acknowledge that you do not acquire any ownership rights by downloading the App or any content from the App.

Content and liability

You agree that your downloading, accessing and use of the App is on an ‘as is’ and ‘as available’ basis and at your sole risk.

We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of any App and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded.

We cannot and do not guarantee that any App or its content will be free from viruses and/or other code that may have contaminating or destructive elements.

Nothing in the Terms of Use shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under applicable law, be limited or excluded. Subject to this, if you are a consumer and not a business user, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable, and if you are a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.

You also agree that any data bundle costs incurred by the App and potential roaming charges if the App is used abroad will be paid by you.

General

Failure by us to exercise or enforce any right under the Terms of Use shall not be deemed to be a waiver of any such right or operate so as to mean we cannot exercise or enforce such right on any later occasion.

If any of the provisions of the Terms of Use are or become invalid, illegal or unenforceable, the validity or enforceability of the remaining provisions shall not in any way be affected or impaired.

The Terms of Use shall be governed by English law, and you agree that any dispute between us regarding it or the App shall only be dealt with by the English Courts, provided that, if you are a consumer and not a business user and live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

Contacting us

Please submit any questions you have about these terms or any problems concerning the App to:

email: customersupport@pageone.co.uk
phone: 020 8914 5000

or write to us at:

PageOne Communication Limited
12th Floor GW1
Great West House
Great West Road
Brentford
Middlesex
TW8 9DF