TERMS AND CONDITIONS - END USER LICENCE AGREEMENT (EULA)
Operating System Requirements:
The app requires internet access and a device running a supported version of the iOS or Android operating systems and such amendments or additional requirements as may be notified from time to time. All such operating system requirements are your sole responsibility. Limited functionality may be available without internet access - including (but not limited to) the ability to access the app to take photos.
- If you do not agree to the terms of this EULA, we will not license the app and documents to you and you must stop the downloading or streaming process immediately and/or delete any materials downloaded from your device(s).
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on your digital content. You do not have this right to cancel once a download has started provided you have been told this and have acknowledged this.
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.
- If your digital content is faulty, you’re entitled to a repair or a replacement;
- If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back;
- If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
This is a summary of some of your key rights. For detailed information from citizens advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
You should print a copy of this EULA for future reference.
This end user licence agreement (EULA) is a legal agreement between you (Enduser or you) and [CARPCAPTURE company and address needed here] (Carp Capture, us or we) for:
- The Carp Capture mobile application software, the data supplied with the software, and the associated media] (the App); and
- Online or electronic documents supplied by us describing the App and its functionality (“Documents”).
We license use of the App and the Documents to you on the basis of this EULA. We do not sell the App or the Documents to you. We remain the owners or licensors of the App and the Documents at all times.
1.1 The terms of this EULA apply to the App and any of the services accessible through the App (the Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any opensource software is included in the App or any Service, the terms of an opensource licence may override some of the terms of this EULA.
1.2 We may change these terms at any time by notifying you of such change (including by email or through the App). The new terms may be displayed onscreen and you may be required to read and accept them to continue your use of the Services or else your continued use of the App shall constitute your deemed acceptance of the amended terms.
1.3 From time to time updates to the App and/or Services may be issued. Depending on the update, you may not be able to use the App or the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
1.4 You will be assumed to have obtained permission from the owners of the devices that are controlled, but not owned, by you and used to access the App (the Devices) and to download or stream a copy of the App onto the 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 EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
1.6 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet based or wireless to improve our products and to provide any Services to you.
1.7 Certain Services will make use of location data sent from the Devices. 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 to provide and improve location based products and services. You may withdraw this consent at any time by turning off the location services settings on your Device(s).
1.8 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, website terms or privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third Party Sites, including the purchase and use of any products or services accessible through them.
2.1 In order to access certain of the Services, you must complete the membership registration form accessed through the App. You agree to provide true, accurate, current and complete information about yourself as prompted by the App (User Data) and maintain and promptly update the User Data using the App to keep it accurate and current.
2.2 You agree that we may use your User Data to provide the Services. If you provide any information that is inaccurate or not current, or we have reasonable grounds to suspect that such information is inaccurate or not current, we have the right to suspend or terminate your account and refuse any and all current or future use of the App or the Services.
2.3 In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.
3. RIGHTS AND RESTRICTIONS
3.2 You may:
(a) download or stream a copy of the App onto Devices that you personally own and/or control and to view, use and display the App on the Devices for your personal purposes only; and
(b) use the App, the Services and the Documents for your personal purposes only.
3.3 Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) 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 backup or operational security;
(b) not to rent, lease, sublicense, loan, translate, merge, adapt, vary or modify the App or Documents or sub-contract the Services to any third party, whether in the course of business or otherwise;
(c) 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;
(d) not to disassemble, decompile, reverseengineer 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 interoperability of the App with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving interoperability of the App with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the App;
(e) to keep all copies of the App secure and to maintain accurate and uptodate records of the number and locations of all copies of the App;
(f) to be responsible for maintaining the security of the password associated with your Carp Capture account and for restricting access to your password and to your Device while logged into the App or Website. Furthermore, you accept responsibility for all activities that occur under your account or from your Devices;
(g) 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
(h) 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 (Technology),
together Licence Restrictions.
3.4 If you violate any of the terms and conditions of this EULA, your rights under this licence will immediately terminate we may terminate your Carp Capture user account without refund to you.
4. ACCEPTABLE USE RESTRICTIONS
4.1 You must not:
(a) use the App or any Services or provide any User Content (defined in condition 7.3 below) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, 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;
(b) 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 EULA);
(c) not transmit, post or submit (in User Content or any other means) any material that is defamatory, offensive or otherwise objectionable (including but not limited to images or videos depicting nudity, graphic violence or injured/bleeding fish) in relation to your use of the App or any Service;
(d) 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;
(e) 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; and
(f) display in part or in whole the App content as part of any public performance or display even if no fee is charged unless such use would not constitute a copyright infringement or violate any other applicable right,
together Acceptable Use Restrictions.
4.2 We are not obliged to monitor or moderate your User Content, but we shall be entitled to monitor and moderate User Content at our discretion. Where we do monitor or moderate User Content we shall indicate how this is performed and who should be contacted in relation to any User Content of concern to you.
4.3 We may remove or edit any User Content whether they are moderated or not.
5. FEES AND PAYMENTS
5.1 We may designate certain services and content as premium services (the Premium Services) or Pro Subscriptions (the Pro Subscriptions) and such designation may change from time to time upon notice. You will need to pay a fee (the Premium Service Fee or Pro Subscriptions Fee) to receive (or continue to receive as the case may be) the Premium Services or Pro Subscriptions. At our discretion we may allow new users (being individuals who have not had an active Carp Capture account in the last 36 months) and such other uses as we may determine from time to time to receive the Premium Services or Pro Subscriptions at no cost for an evaluation period of between 30-60 days (notified at the time of access) (the Evaluation Period). At the end of the Evaluation Period, users will be required to pay the Premium Service Fee or Pro Subscriptions Fee in order to have continued access to the Premium Services or Pro Subscriptions.
5.2 You may elect to pay the Premium Service Fee or Pro Subscriptions Fee on a monthly or annual basis. All Premium Service Fees or Pro Subscriptions Fees are payable in advance. Premium Service Fees or Pro Subscriptions Fees will be billed automatically to your specified payment method at the start of the monthly or annual period, as applicable, and will auto-renew until you terminate your Carp Capture account or you cancel your receipt of the Premium Services or Pro Subscriptions using the App.
5.3 You may pay the Premium Service Fee or Pro Subscriptions Fee via one or more of the following payment methods:
(a) via the ‘app store’ through which you downloaded the App;
(b) via our third party payment processor(s); or
(c) directly through bank standing order payments (subject to further agreement between us).
Payments made pursuant to (a) and (b) above shall be subject to additional third party terms and conditions and may require you to register for and maintain accounts with such third parties.
5.4 You authorise Carp Capture to charge your specified payment method for the appropriate Premium Service Fees or Pro Subscriptions Fees and fees and for any other purchases you elect to make via the App.
5.5 Carp Capture reserves the right to increase Premium Service Fees or Pro Subscriptions Fees and other fees or to institute new fees at any time upon reasonable notice posted in advance through the App. Such price increases shall apply to the next payment due from you after the date of notification, providing that you have been given at least 10 days’ prior notice before the change is made. If you do not wish to pay the increased fees, you may cancel the applicable services and you will not be charged any more fees providing you do so before the end of your current billing period.
5.6 Members changing from monthly to annual memberships will have the annual rates take effect at the beginning of the next billing date. If you upgrade your membership or add new categories of service to your account, such changes may result in a new billing date effective upon the date you elect such upgrade or addition.
5.7 SUBJECT TO CONDITION 6.2 BELOW, ALL SALES ARE FINAL. NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF YOUR INITIAL OR ANY RENEWAL PREMIUM SERVICE PERIOD.
6. CANCELLATION OF PREMIUM SERVICES OR PRO SUBSCRIPTIONS
6.1 During the Evaluation Period you may cancel your membership at any time using the App or contacting Customer Care and you will not be charged any fees. After the end of the Evaluation Period, you can cancel at any time using the App or contacting Customer Care, but you will not receive a full or partial refund of any Premium Services Fees or Pro Subscriptions Fees already paid.
6.2 If you purchase the Premium Services or Pro Subscriptions without first accessing them for an Evaluation Period, you have 14 days to cancel your membership plan and receive a full refund of any Premium Services Fees or Pro Subscriptions Fees paid. If you have used or redeemed any Premium Services or Pro Subscriptions within 14 days of signing up, we may withhold from your refund the value of the redeemed services. You may cancel by using the App or contacting Customer Care. After you have received the Premium Services or Pro Subscriptions for 14 days, you may cancel at any time by using the App or contacting Customer Care, but you will not receive a full or partial refund of any Premium Services Fees or Pro Subscriptions Fees already paid.
6.3 Customer Care may be contacted using the email address firstname.lastname@example.org.
7. INTELLECTUAL PROPERTY RIGHTS AND USER CONTENT SUBMITTED
7.1 You acknowledge that all intellectual property rights in the App, the Services, the Documents and the Technology (together the Platform) anywhere in the world belong to us or our licensors, that rights in the Platform are licensed (not sold) to you, and that you have no rights in, or to, the Platform other than the right to use each it in accordance with the terms of this EULA.
7.2 You acknowledge that you have no right to have access to the App in source code form.
7.3 The App will allow you to provide information about yourself, User Data, and content related to your use of the App, including but not limited to time and location used, activities performed, success/failure rates, tips, blogs, photos and videos and any other content (User Content).
7.4 You grant Carp Capture a worldwide, perpetual, irrevocable, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, display and otherwise exploit in any commercial or other manner any User Content submitted by you through the App (or in any other manner) for the purposes of providing and promoting the App and the Services.
7.5 Without limiting the licence you grant us above, you acknowledge and agree that we may use your User Content as set out in condition 7.4 and generally for the purposes of providing and promoting the App and the Services even after you cancel or terminate your Carp Capture account.
8. INTERACTIONS WITH OTHER CARP CAPTURE END-USERS
8.1 The App and Services provide a forum for you to connect with other members in a virtual information place. In such dealings, we act a neutral facilitator and we do not get directly involved in the transactions between you and other end-users. We have control over the truth, accuracy, quality, legality, or safety of postings made by users of the App or the Services and we accept no liability to you in respect of the same. We also have no responsibility to identify or provide any information in respect of other end-users to you.
9. LIMITED WARRANTY AND SUPPORT
9.1 We warrant that:
(a) the App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents; and
(b) that the Documents correctly describe the operation of the App in all material respects,
for a period of 30 days from the date on which the App is downloaded or streamed to the Devices (Warranty Period).
9.2 If within the Warranty Period you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the Documents, you will be entitled to download another copy of the App or, at our discretion, entitled to a refund of any Premium Service Fees paid in respect of any period during which you were unable to access the Premium Services by reason of a defect or fault in the App.
9.3 The warranty does not apply:
(a) if the defect or fault in the App or any Service results from you having altered or modified the App;
(b) if the defect or fault in the App results from you having used the App in breach of the terms of this EULA; or
(c) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
9.4 This warranty is in addition to your statutory rights in relation to digital content that is faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.5 We adopt appropriate technical and organisational measures to protect against unauthorised or unlawful access to your account and personal information (and against accidental loss or destruction of, or damage to, the same). We cannot, however, guarantee absolute security of your account, your User Data or User Content or the personal information you provide, and we cannot promise that our security measures will prevent third-parties from illegally accessing the App or the Website and its contents.
9.6 You agree to immediately notify Carp Capture of any unauthorised use or your account or password, or any other breach of security, and to accept all risks of unauthorised access to the User Data and any other information you provide to Carp Capture.
10. LIMITATIONS AND EXCLUSIONS OF LIABILITY
10.1 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.
10.2 We only supply the App and Documents for domestic and 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.
10.3 We are only responsible for loss or damage you suffer that is a foreseeable and direct result of our breach of this EULA or our negligence up to the value of any Premium Services Fees paid by you in respect of the period in question (or such greater amount as may be prescribed by law), but we are not responsible for any unforeseeable, indirect or consequential loss or damage.
10.4 Nothing in this EULA shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by English law.
10.5 You expressly agree that Carp Capture is not providing any health and safety advice via the App or the Services. The content provided through the App and the Services, whether provided by us or by other Carp Capture users or third parties is not intended to be and should not be relied upon as any recommendation or advice as to the risks to health or safety of any specified activity or location and should not be used in place of your own assessment of any risks and any independent advice or recommendation of any appropriate authority.
11.1 We may terminate this EULA immediately by written notice to you:
(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
11.2 On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA, including your use the App and/or of any Services;
(c) 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
(d) we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services.
11.3 We may terminate the Premium Services or Pro Subscriptions immediately on notice if you fail to provide valid payment method details or an attempt to take payment via previously valid payment method details fails for any reason. We may, at our discretion, contact you to in order for you to amend or update the payment method details and perform a further attempt to collect such payment.
12. COMMUNICATION BETWEEN US
12.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by email to email@example.com. We will confirm receipt of this by contacting you in writing, normally by email
12.2 If we have to contact you or give you notice in writing, we will do so by email or through messaging services within the App.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
14.1 We will try to resolve any disputes with you quickly and efficiently.
14.2 If you are unhappy with us please contact us as soon as possible.
14.3 If you and we cannot resolve a dispute using our complaint handling procedure, we will:
(a) let you know that we cannot settle the dispute with you; and
(b) give you certain information required by law about our alternative dispute resolution provider. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr/.
15. OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
15.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
15.3 If we fail to insist that you perform any of your obligations under this EULA, 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.
15.4 Each of the conditions of this EULA 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.
15.5 This EULA, its subject matter and its formation, are governed by English law.
15.6 We and you agree, for the sole benefit of you, that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with, this EULA, its subject matter or formation, including non-contractual disputes or claims. 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.
15.7 Notwithstanding condition 15.6 above, the parties agree that Carp Capture shall have the right to take, and shall not be prevented from taking, proceedings against you to settle any dispute or claim arising out of or in connection with this EULA, its subject matter or formation in any other court of competent jurisdiction and that we may take such proceedings in any number of jurisdictions, whether concurrently or not, to the extent permitted by law.
This EULA shall become binding on both parties on the earlier of your download or use of the App or the Services, you clicking to accept these terms or your purchase when confirmed in writing by us.