Terms & Conditions

ARCHiTRACKER: App Terms of Use   Last updated: 31 December 2017

Who are we

1. We are ARCHiTRACKER Limited, a company incorporated in England and Wales (Company Number 10477619) with its registered office at Office 7 35-37 Ludgate Hill, London EC4M 7JN  United Kingdom (referred below as ‘we’, ‘us’ and ‘our’).

What are these terms of use for?

2. These Terms of Use set out the various rights and obligations that we and you, the registered user (‘you’) have in connection with your use of this application (‘App’).

3. Please note that we may amend or modify these Terms of Use from time to time and accordingly you should check for the latest version.

Our agreement with you

4. You are allowed to use our App in accordance with these Terms of Use.

5. Subject to the End-User License Agreement, you are granted a personal, non-exclusive and non-transferable right to access the App and use any information, data, graphics, images, photographs, video and other audio or visual material that you access on it (‘Content’), including but not limited to User Generated Content (as define below) solely for your own personal use.

6. You agree to comply with these Terms of Use and accept any other policies or third party terms of use that apply when you use or post any content on our App, including  our End-User License Agreement, Privacy Policy and Acceptable Use Policy each of which are incorporated into and form part of these Terms of Use. In the event of conflict or inconsistency with any other policies or terms, these Terms of Use shall govern.

7. We cannot guarantee that our App will always be available or function on a completely error free basis. We may also have to occasionally suspend access to this App to carry out maintenance or supply patches or updated from time to time.

8. You accept that if you access this App using a mobile device, relevant network operators’ and/or service providers’ charges may apply and you should check the relevant charges, data usage limits or other operator restrictions. You accept full responsibility for the use of any device, whether or not it is owned by you and compliance with the terms and conditions of the relevant device manufacturer, network operator or service provider (over which we have no responsibility).

OUR RIGHTS

9. In relation to any Content, the intellectual property rights (including any copyright and relate rights, business names, trademarks and any associated goodwill, rights in relation to domain names, designs, databases and other intellectual property rights, whether registered or unregistered, existing now, in the future, or anywhere in the world (‘Intellectual Property Rights’)) belong to us or our licensors (as the case may be).

10. Except for User Generated Content that you create, upload and/or post yourself which is subject to the Acceptable Use Policy, you have no title, right or interest (and no Intellectual Property Rights are transferred to you) in relation to this App or any Content. Except where expressly referred to in these Terms of Use you are prohibited from copying, modifying, distributing, broadcasting, sharing or making publicly available, renting, lending, republishing, framing, providing links to or uploading any parts of our App or Content. Furthermore you are strictly prohibited from seeking to commercially exploit any Content or reproduce it in connection with any service that you provide without our prior written consent. As a registered user, you may however post ‘likes’ or share/link to Content through you Facebook account, other social media and email services.

PRIVACY POLICY

11. Where you post or provide us with any information relating to you or from which you can be identified (‘personal data’), you agree that this is processed by us in accordance with our Privacy Policy.

USER GENERATED CONTENT

12. Where you create, upload and/or post any review, comment, recommendation or other material (such as a photograph, article or hypertext link) on our App (‘User Generated Content’) such activity will be subject to our Acceptable Use Policy.

13. Notwithstanding the above, you acknowledge and accept that in connection with any User Generated Content appearing on this App that it represents the personal opinions of other users over which we have no effective control or influence. As a result we cannot take responsibility for such User Generated Content or any reliance you place on those opinions (whether positive or negative).

14. To the fullest extent permitted by applicable law and subject to paragraph 19 below, we exclude all liability in respect of any User Generated Content you access through our App and any damages, losses or expenses resulting from us displaying, distributing, publishing or communicating such Content (whether express or implied by statute, common law or otherwise), including, without limit, any representations, warranties, conditions and/or terms relating to its reliability, quality or fitness for particular purpose.

15. If you have any complaints or issues in relation to a particular item of User Generated Content you should use the complaints procedure in our Acceptable Use Policy.

YOUR OBLIGATION AND EXCLUSIONS

16. You agree:

(a) not to act in any way that interferes (or with the intention of interfering) with the operation or security of this App or its users;

(b) not to seek to hack into this App or introduce any virus, worm or malicious code;

(c) not to do anything which in our reasonable opinion has or is likely to have an adverse impact on this App or its other users, or our business, goodwill or reputation;

(d) that Content appearing on this App is not intended to constitute our recommendation or advice and you are responsible for any decision you take based on these;

(e) that we cannot be liable for any omissions or errors in any Content or such Content being out of date;

(f) we are not liable for this App or Content not being available due to technical issues or other events beyond our control;

(g) that we may update or make changes to this App or Content as we deem appropriate;

(h) the purchase of any tickets, goods or services through this App will be subject to such additional terms and conditions as we may notify you of at the time of your purchase; and

(i) if we provide links to any other third party websites or services (for example, other partner sites where you can buy tickets for venues or events), we accept no liability for your use of such third party websites or services, which will be subject to their own terms and conditions.

17. The representations, warranties, undertakings, terms and conditions, contained in these Terms of Use replace any other representations, warranties, undertakings, terms and conditions implied by statute or other applicable law and, to the fullest extent legally permitted, we exclude all liability (on our own behalf and on behalf of our employees, agents, contractors or representatives) for any (i) indirect, incidental, special, exemplary or consequential damages; or (ii) any lost profits, revenue or anticipated savings, contracts, lost data or economic loss (whether direct or indirect) howsoever arising, out of or in connection with your use of our App and its Content or linked third party sites or services you access through our App, even if we have been advised of the possibility of the same.

18. You assume responsibility for establishing your own procedures for anti-virus or other screening on your computer or mobile device to protect it as necessary against hacking or other hazards.

19. Nothing in these Terms of Use excludes or limits your consumer statutory rights or mandatory rights under applicable law, to the extent that those rights cannot legally be excluded or limited by contract. In particular, we do not seek to limit or exclude any liability for death or personal injury caused by negligence or fraud.

OTHER TERMS

20. You should not use the App if you are under 18 years of age.

21. Without prejudice to any of our other legal rights or remedies, we may suspend or cancel your access to the App or its Content: if you commit a material breach of these Terms of Use, including but not limited to, any breach of our Acceptable Use Policy.

22. Should any part of these Terms of Use be declared invalid or unenforceable by a competent court or regulator, this shall not affect the validity of any remaining portion which (if legally permitted) shall remain in full force and effect as if the invalid portion of the Terms of Use has not been existed.

23. We may assign, transfer or subcontract our rights and obligations under this Terms of Use.

24. These Terms of Use are subject to English law. To the maximum extent legally permitted, you agree that any dispute relating to your use of our App, or these Terms of Use shall be subject to the exclusive jurisdiction of the courts of England and Wales and any proceedings relating to dispute shall be in the English language.

25. We are always happy to hear any feedback about this App so please contact us if you have any comments or requests. We will aim to respond to these as soon as possible. Our address for correspondence is [email protected]

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