We reserve the right to change the terms of this Agreement at any time without notice to you by updating the App to incorporate the new terms. Your continued use of the App after changes are posted constitutes your acceptance of the amended Agreement.
YOU UNDERSTAND THAT BY DOWNLOADING, INSTALLING, ACCESSING, BROWSING, OR USING THIS APP, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT TAKES EFFECT ONCE THE APP IS DOWNLOADED BY YOU. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THIS APP. IF YOU AGREE TO THE TERMS OF THIS AGREEMENT ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE THIS AGREEMENT. IN THAT EVENT, “YOU” AND “YOUR” WILL ALSO REFER AND APPLY TO THAT ENTITY OR AGENCY.
1. ACCESS TO OUR APP
1.1 Want gives you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive licence to use the App, subject to this Agreement. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the App as provided by Want, in the manner permitted by the terms of this Agreement.
1.2 We reserve the right to:
(a) Withdraw or amend the service we provide on our App without notice. You agree that access to our App is permitted on a temporary basis and that we will not be liable for any consequential damage or loss if, for any reason, our App is unavailable at any time or for any period;
(b) Temporarily and permanently restrict your access to parts of our App, or our entire App if, in our opinion, such a restriction is necessary under the circumstances;
(c) Restrict access to any User that we believe is under the age of 13. Use by anyone under the age of 13 is strictly prohibited.
1.3 You agree that you are responsible for:
(a) Making all necessary arrangements that will enable you to have access to our App;
2. ACCEPTABLE USE POLICY
2.1 You shall not use our App for any unlawful purposes, including but not limited to, use in any way that:
(a) Breaches any applicable local, national or international laws or regulations;
(b) Is fraudulent, or has any fraudulent purpose or effect;
(c) Is intended to harm or attempts to harm minors in any manner whatsoever;
(d) Interferes with, damages or disrupts any part of our App, any equipment or network on which our App is stored, or any software used in the provision of our App,
(e) Results, directly or indirectly, in the sending of any unsolicited or unauthorised advertising or promotional material; or
(f) Results in the transmission of any material that you are aware contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2.2 When contributing, linking or adding content to the App, you must ensure that:
(a) All facts, statements and representations contributed are accurate;
(b) The sources of all facts, statements and representations contributed are verifiable and reliable;
(c) All opinions you contribute are based upon genuine information and belief;
(d) All materials contributed comply with any applicable law in England and Wales or any other relevant jurisdiction;
2.3 You must not contribute, link to or add any content to the App, in any manner whatsoever, that:
(a) Contains any material which is defamatory of any person, obscene, offensive, hateful, sexually explicit or inflammatory;
(b) Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(c) Promotes violence or sexual exploitation towards minors;
(d) Could potentially infringe any intellectual property right of another person, including but not limited to, copyright, patents, trade secrets, database rights or trademarks;
(e) Is intended or likely to deceive or defraud any person;
(f) Promotes any illegal activity;
(g) Results in a breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(h) Is threatening, abusive, invades another's privacy, or is likely to cause annoyance, alarm, inconvenience or needless anxiety;
(i) Is intended to impersonate another person, or misrepresent an identity, affiliation or source of information;
(j) Advocates, promotes or assists in any unlawful act.
3. USAGE OF OUR APP
3.1 You must, under all circumstances, comply with all your duties and obligations under this Agreement, in particular, when making use of a feature that allows you to add or contribute material to our App, or make contact with other users of our App.
3.2 You accept and acknowledge that:
(a) The act of uploading, linking to, contributing or adding any material to our App amounts to a waiver of confidentiality over any such material;
(b) If necessary, we may disclose your identity to any third party who is claiming that any material posted or uploaded by you to our App constitutes a violation of their intellectual property rights, or any other legal rights;
(c) We have the right to remove any material or posting you make on our App at any time we deem it necessary.
3.3 You accept and understand that our App may contain links to third-party websites or apps, advertisers, services, special offers, or other events or activities that are not owned or controlled by Want. We do not endorse or assume any responsibility for any such third-party sites, apps, information, materials, products, or services. If you access any third party website, app, service, or content via our App, you do so at your own risk and you agree that Want will have no liability.
3.4 You agree that:
(a) By submitting, posting or displaying content or material (“Your Content”) via our App, you grant Want and any companies, organisations or individuals who partner with Want (its “Affiliates”) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display or distribute Your Content in any and all media or distribution methods (whether now known or later developed) (“Your Content License To Us”);
(b) Your Content License To Us includes the right for Want to make such Content available to its Affiliates for the syndication, broadcast, distribution or publication of Your Content;
(c) No compensation will be payable to you in respect of any of the foregoing uses of Your Content License To Us;
(d) You waive all moral rights (or similar or equivalent rights in other jurisdictions) in Your Content.
3.5 You accept and understand that:
(a) You are responsible for any consequences arising from the use of Your Content by other users;
(b) If you have not obtained any necessary permission prior to contributing, linking or adding any content or material to the App, such an act may subject you to liability.
4. SUSPENSION AND TERMINATION
4.1 You agree that the failure to comply with any duties or obligations under Section 2 constitutes a material breach of this Agreement.
4.2 You agree that if, in our opinion, you are in breach of any of the terms of this Agreement, we reserve the right to take any and all remedial actions, including but not limited to the following:
(a) Immediate and temporary or permanent withdrawal of your right to use our App;
(b) Immediate and temporary or permanent removal of any posting or material uploaded by you to our App;
(c) The issuance of a warning to you;
(d) The commencement of legal action against you, including proceedings for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs), resulting from the breach;
(e) The disclosure of such information to law enforcement authorities as we reasonably believe is necessary.
5. OUR CONTENT AND RELATED RIGHTS
5.1 You agree that all rights (including copyright, trademarks and other intellectual property rights), title, and interest in and to content on our App (excluding content provided or added by you or other users of the App), including but not limited to, all information, data, text, maps, graphics, the "look and feel", logos, icons, trade marks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents on the App, and the underlying code and software in the App (“Our Content”) are and will remain the exclusive property of Want and any applicable licensors. All such rights to Our Content are reserved.
5.2 You must not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license or rent any part of Our Content unless we provide you with our prior express written consent to do so.
6. OUR RELATIONSHIP WITH YOU
6.1 Nothing in this Agreement shall be deemed to constitute a partnership, agency or employment relationship, as a matter of fact, between you and Want.
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
7.1 YOU ACCEPT AND UNDERSTAND THAT WANT AND ITS AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED RELATING TO, BUT NOT LIMITED TO, THE FOLLOWING:
(a) THE COMPLETENESS, ACCURACY, QUALITY, AVAILABILITY, FUNCTIONALITY, COMPATIBILITY, FREEDOM FROM DEFECTS, FREEDOM FROM VIRUSES OR ANY OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES, TIMELINESS, SECURITY, PERFORMANCE OR RELIABILITY OF THE APP OR ANY CONTENT THEREON;
(b) THE FITNESS OR SUITABILITY OF THE APP FOR MEETING YOUR REQUIREMENTS OR ANY PARTICULAR PURPOSE;
8. OUR LIABILITY
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
8.1 YOU ACCEPT AND UNDERSTAND THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WANT AND ITS DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, SALES OR CONTRACTS, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION, LOSS OR CORRUPTION OF DATA OR INFORMATION, LOSS OF ANTICIPATED SAVINGS, WASTED MANAGEMENT OR OFFICE TIME OR ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY CONNECTED TO:
(a) YOUR ACCESS TO OR USE OF THE APP;
(b) YOUR ACCESS TO OR USE OF A THIRD PARTY APP OR SITE THAT IS REFERRED TO, DESCRIBED, REFERENCED OR LINKED TO ON OUR APP;
(c) YOUR DELAY IN USING, OR INABILITY TO ACCESS OR USE THE APP;
(d) THE CONTENT OF ANY THIRD PARTY DISPLAYED ON THE APP, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONTENT CONTRIBUTED BY OTHER USERS OR THIRD PARTIES;
(e) THE CONDUCT OF ANY THIRD PARTY;
(f) THE USE, DISPLAY OR PUBLICATION OF ANY CONTENT, INFORMATION, PRODUCTS, LINKS OR SERVICES ACCESSED THROUGH THE APP; OR
(g) ANY UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
WHETHER BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGES.
8.2 NOTWITHSTANDING THE EXCLUSIONS SET OUT IN THESE TERMS, IF WE ARE FOUND TO BE LIABLE TO YOU, OUR TOTAL AGGREGATE LIABILITY TO YOU (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN STATUE OR OTHERWISE) FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING, BY REASON OR IN CONNECTION WITH YOUR USE OF THE APP, SHALL BE LIMITED TO £100.
8.3 NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER TO LIMIT OR EXCLUDE OUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE OR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER LAW.
9. YOUR LIABILITY
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
9.1 YOU ARE RESPONSIBLE, AND ASSUME ALL LIABILITY, FOR ALL CONTENT THAT YOU LINK TO, CONTRIBUTE OR ADD TO THE APP.
9.2 YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY REPRESENTATIONS OR CONTRIBUTIONS MADE BY OTHER USERS OR THIRD PARTIES.
9.3 IF A DISPUTE ARISES BETWEEN YOU AND ANOTHER USER OR THIRD PARTY, YOU SHALL RELEASE US, OUR DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF ANY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH SAID DISPUTE.
9.4 YOU SHALL INDEMNIFY US AND KEEP US FULLY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL LIABILITIES, EXPENSES, DAMAGES AND LOSSES, LEGAL COSTS (CALCULATED ON A FULL INDEMNITY BASIS) AND ALL OTHER REASONABLE PROFESSIONAL COSTS (INCLUDING COSTS OF DEFENCE OF CLAIMS, SUITS OR PROCEEDINGS BROUGHT BY THIRD PARTIES)) AND EXPENSES SUFFERED OR INCURRED BY US ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, THE CONTENT, YOUR BREACH OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.
10. YOUR DATA AND INFORMATION
11. GOVERNING LAW AND JURISDICTION
11.1 You agree that the courts of England and Wales shall have exclusive jurisdiction over any claim or dispute arising from, or related to this Agreement.
11.2 You further agree that this Agreement is governed by the laws of England and Wales.
13. ENTIRE AGREEMENT
14. DISPUTE RESOLUTION
14.1 You agree that, if you have any issues, wish to make a complaint or have a dispute relating to this Agreement, you will first contact us directly to seek a resolution via e-mail at firstname.lastname@example.org. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
15. REVISIONS OF THESE TERMS
15.1 You accept and understand that we may revise these Terms from time to time. The most current version will always be available on the App. If, in our opinion, the revision is material, we may notify you of the material revision via an e-mail to the email associated with your account.
For the purpose of the Data Protection Act 1998 (“the Act”), the data controller is WANT.
PERSONAL INFORMATION WE COLLECT
When contacting us, using or registering on the WANT Mobile Application (the “App”) you may be asked to enter your name, email address, mailing address, phone number, add a photo or enter other details to help you with your experience.
We may also collect data relating to your usage of the App, such as traffic data, location data, logs and other communication data and the resources that you access.
WHEN WE COLLECT INFORMATION
We collect information from you when you register on or use our App, fill out a form, open a support ticket or enter information on our App.
HOW WE USE YOUR INFORMATION
We may use the information we collect from you when you register, respond to a survey or marketing communication, use the App, or use certain other App features in the following ways:
To personalize your experience and to allow us to deliver the type of content, marketing and product offerings in which you are most interested.
To allow us to better service you in responding to your customer service requests.
To send periodic emails regarding your use of the App.
HOW WE PROTECT YOUR INFORMATION
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.
We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.
USE OF ‘COOKIES’
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, some features may be disabled. It should not affect your experience or make it less efficient or not function properly.
We do not sell or trade your personal data to outside parties.
Links to third-party products and services are available on our App.
When you click on links on our App, they may direct you away from our App. We are not responsible for the privacy practices of other Apps or websites and encourage you to read their privacy statements.
DO NOT TRACK SIGNALS
We honour Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) mechanism is in place.
If our APP is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.