AGREED TERMS

  1. USE OF THE APP
    1. The terms of this agreement apply to the App or any of the services accessible through the App (“Services”), including any updates or supplements to the App or any Service. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this agreement.
    2. This agreement is subject to any rules or policies applied by any app store provider or operator from whose site located at http://www.apple.com/legal/internet-services/itunes/apps (“Appstore”) you downloaded the App (“Appstore Rules”).
    3. We may change these terms at any time by notifying you of a change when you next start the App or log onto the getwaiter or buzz2get website (the “Website”). The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
    4. From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
    5. You will be assumed to have obtained permission from the owners of any mobile telephone or handheld devices that are controlled but not owned by you and described in condition 2.2.1 (“Devices”) to download or stream a copy of the App onto the said Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this agreement for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
    6. By using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
    7. By using the App or any of the Services, you consent to us creating a unique mobile device identification number on our internal computer systems which is used to recognise your mobile device. We cannot identify you from this information nor does the App accessing any of your personal data (e.g. your contacts book) stored on the device. We use this unique identification number to provide the getwaiter or buzz2get services to you. We may use this to generate aggregated annonymised data. We retain full ownership of any such data.
    8. 8 The App or any Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
  2. GRANT AND SCOPE OF LICENCE
    1. In consideration of you agreeing to abide by the terms of this agreement we grant to you a non-transferable, non-exclusive licence to use the App on the Devices subject to the terms set out in this agreement and the Appstore Rules, incorporated into this agreement by reference. We reserve all other rights.
    2. You may:
      1. download or stream a copy of the App onto a “>MOBILE TELEPHONE OR HANDHELD DEVICES ONTO WHICH THE APP MAY BE DOWNLOADED OR STREAMED and to view, use and display the App on the Devices for your personal purposes only; and
      2. use the Documents for your personal purposes only.
  3. LICENCE RESTRICTIONS
    1. Except as expressly set out in this agreement or as permitted by any local law, you agree:
      1. not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
      2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
      3. not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
      4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
        1. is used only for the purpose of achieving inter-operability of the App with another software program;
        2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
        3. is not used to create any software that is substantially similar to the App;
      5. to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
      6. to include our copyright notice on all entire and partial copies you make of the App on any medium;
      7. not to provide or otherwise make available the App in whole or in part (including object and source code) in any form to any person without prior written consent from us; and
      8. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (the “Technology”) together “Licence Restrictions”.
  4. ACCEPTABLE USE RESTRICTIONS
    1. You must:
      1. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
      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 this agreement);
      3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
      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
      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.
  5. INTELLECTUAL PROPERTY RIGHTS
    1. You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this agreement.
    2. You acknowledge that you have no right to have access to the App in source-code form.
  6. WARRANTY
    1. The App and Documentation are provided “AS IS” and without warranty of any kind either express or implied including but not limited to the implied warranties of quality, fitness for purpose and time for performance.
  7. LIMITATION OF LIABILITY
    1. You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
    2. We only supply the App and Documents for private use. You agree not to use the App and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this agreement or our negligence up to the limit specified in condition 7.4, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the agreement.
    4. Our maximum aggregate liability under or in connection with this agreement (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £1000 + VAT. This does not apply to the types of loss set out in condition 7.5.
    5. Nothing in this agreement shall limit or exclude our liability for:
      1. death or personal injury resulting from our negligence;
      2. fraud or fraudulent misrepresentation; and
      3. any other liability that cannot be excluded or limited by English law.
      4. We only provide the App and the Services. We are not liable for any action or inaction on the part of any hospitality merchant including punctuality or failure to respond to requests made using the Services.
      5. We do not warrant or guarantee the performance of the internet, mobile phone networks and other communication media required for the provision of the App or that the transmission of data will be successful, secure or error or virus free or that the internet, mobile phone networks and other communication media will be accessible at all times.
  8. TERMINATION
    1. We may terminate this agreement at any time. Where possible, we will promptly notify you in writing that we have done so.
    2. You can terminate this agreement at any time by deleting the App from your mobile device.
    3. On termination for any reason:
      1. all rights granted to you under this agreement shall cease;
      2. you must immediately cease all activities authorised by this agreement, including your use of any Services;
      3. you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so; and
      4. we may remotely disable the App and cease providing you with access to the Services.
  9. COMMUNICATION BETWEEN US
    1. If you wish to contact us in writing, or if any condition in this agreement requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to Geniusin Limited at 22 West Street, Olney, Buckinghamshire, United Kingdom, MK46 5HR info@geniusin.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
    2. If we have to contact you or give you notice in writing, we will do so by sending a message directly to the App on your Device.
  10. EVENTS OUTSIDE OUR CONTROL
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under this agreement:
      1. our obligations under this agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
      2. we will use our reasonable endeavours to find a solution by which our obligations under this agreement may be performed despite the Event Outside Our Control.
  11. OTHER IMPORTANT TERMS
    1. We may transfer our rights and obligations under this agreement to another organisation, but this will not affect your rights or our obligations under this agreement.
    2. You may only transfer your rights or obligations under this agreement to another person if we agree in writing.
    3. Any words in this agreement following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words. Words in the singular shall include the plural and vice versa.
    4. If we fail to insist that you perform any of your obligations under this agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    5. Each of the conditions of this agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

Please note that this agreement, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

 

 

 

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