End User License Agreement
LIVING ASHRAM MOBILE APPLICATION – END USER LICENCE AGREEMENT
LIVING ASHRAM MOBILE APPLICATION – END USER LICENCE AGREEMENT
Living Ashram Limited is a company registered in England under company number 11477559, with its registered office at Regina House, 124 Finchley Road, London, United Kingdom, NW3 5JS, and VAT number 308 3932 03 (the “Company“). The Company operates the “Living Ashram” mobile application (the “App“).
In these terms, when we refer to “we“, “us” or “our“, we mean the Company; and when we refer to “you” or “your” we mean you the person accessing or using the App.
1. Understanding these terms
1.1 ) This end user licence agreement (this “EULA“) describes how you may download the App and access and use the App and the services made available through the App (the “Services“). By accessing the App, this EULA will apply to you and you agree to the terms of this EULA. You should therefore read the terms carefully before using the App.
1.2 ) When certain words and phrases are used in this EULA, they have specific meanings (these are known as “defined terms“). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of this EULA where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
1.3 ) This App requires a smartphone or other mobile device running either the iOS or Android operating systems (the device you use, the “Device“) and, to download the App and to access the latest features, you will need Internet access.
1.4 ) Please note, however, that certain services made available by us are governed by additional terms and conditions, including:
(2) to download the App, you must also review and agree to the additional app terms set out in appendix 1 to this EULA and any other terms and conditions imposed by the app store from which you have downloaded the App; and
(3) any subscription for our services taken out, which is governed by the subscription terms applicable at the time a subscription is taken out (the “Subscription Terms“).
2. The App
2.1 ) The App is made available to download free of charge. We do not guarantee that the App, or any content on it, will always be available or be uninterrupted. Access to the App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the App without notice. We will not be liable to you if for any reason the App is unavailable at any time or for any period. We may update the App and/or change the content on it at any time.
2.2 ) Your use of the App, and the services provided by us via the App, will be governed by, and conditional on compliance with, the Subscription Terms applicable to your employer and/or charity (as appropriate).
2.3 ) You will only be able to use the App, and the services provided by us via the App, for as long as the term of the subscription period (or trial, if applicable) set out in the Subscription Terms applicable to your employer and/or charity (as appropriate).
2.4 ) You are responsible for making all arrangements necessary for you to have access to the App. You are also responsible for ensuring that all persons who access the App through your internet connection are aware of this EULA and that they comply with them.
2.5 ) The App and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.
2.6 ) You may only use the App for your own domestic, private and non-commercial use.
3. Your account
3.1 ) In order to access certain services available on the App, you will need to click on the link in the verification email to access your account with us on the App (“Account“).
3.2 ) We have the right to disable any Accounts, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this EULA.
3.3 ) If you know or suspect that anyone other than you is accessing your Account, you must immediately notify us at firstname.lastname@example.org.
3.4 ) You are responsible for any unauthorised use of your Account.
4. Acceptable use
4.1 ) You agree:
(1) not to use the App in any unlawful manner, for any unlawful purpose or in any manner inconsistent with this EULA;
(2) not to infringe our intellectual property rights or those of any third party in relation to your use of the App;
(3) not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
(4) not to use the App by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the App for use within a third party website or application;
(5) not to collect or harvest any information or data from the App or our systems or attempt to decipher any transmission to or from the servers running the App;
(6) not to copy, or otherwise reproduce or re-sell any part of the App unless expressly permitted to do so in the Subscription Terms;
(7) 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;
(8) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
(9) 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;
(10) 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;
(11) 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
(12) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.
4.2 ) You acknowledge that you have no right to have access to the App in source-code form.
User Generated Content
4.3 ) If it is the case that you supply/upload any content to the App – whether it be pictures, text, sound recordings or whatever – the content you supply (“User Generated Content“) must comply with the following rules:
(1) it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
(2) it must not harass or bully another person;
(3) it must be true and honest so far as you know;
(4) it must not be defamatory of anyone;
(5) it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own);
(6) it must not contain someone else’s personal details or confidential information relating to other people; and
(7) it must not promote or condone terrorism, violence or illegal behaviour.
4.4 ) We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules.
4.5 ) In addition, we may from time to time provide interactive services on the App that shall enable you to upload User Generated Content, including, without limitation:
(1) comment facilities; and/or
(2) bulletin boards,
(together “Interactive Services“).
4.6 ) Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.
4.7 ) The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.
4.8 ) We do not guarantee that the App will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the App and we recommend that you use your own virus protection software.
4.9 ) You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit criminal offences. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.
5. Intellectual property
5.1 ) We grant to you a non-transferable, non-exclusive, revocable licence to use the App on the Devices provided that you comply with the terms of this EULA and the documents referred to in it. We reserve all other rights.
5.2 ) We are the owner or licensee of all intellectual property rights in the App and its content and the “Living Ashram” name and mark. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
5.3 ) You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in this EULA. You must not use the App (or any part of it or its content) for commercial purposes.
5.4 ) No part of the App, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
5.5 ) Any communications or materials (including, without limitation, any User Generated Content) you send to us through the App by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the App to buy products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
6. Our liability
6.1 ) Nothing in this EULA excludes or limits our liability for:
(1) death or personal injury caused by our negligence;
(2) fraud or fraudulent misrepresentation; and
(3) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
6.2 ) We assume no responsibility for the content of websites or mobile applications linked to from the App (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
6.3 ) If we fail to comply with this EULA, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the App.
6.4 ) Nothing in this EULA affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
6.5 ) We only supply the App for domestic and private use. You agree not to use the App, or any content on the App, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.6 )You agree that the App is not intended as a medical diagnostic tool and does not replace professional medical diagnosis and treatment. Accordingly, to the maximum extent permitted by applicable law (but without affecting clause 6.1), we will not be liable to you for any loss or damage you suffer arising from or attributable to any information and/or services received by you through the App. Any information provided by us is general information only and any specialist advice should be sought from medical professionals.
6.7 )The App may contain inaccuracies or typographical errors. We make no representations about the reliability, availability, timeliness or accuracy of the content included on the App.
6.8 ) Save as set out in clause 6.1 above, our maximum liability to you under this EULA is limited to £100.
7. Changes to this EULA
7.1 ) We may make changes to the terms of this EULA from time to time (if, for example, there is a change in the law that means we need to change this EULA), provided that:
(1) we will notify you at least thirty (30) days in advance of such amendment; and
(2) if you are dissatisfied with such amendments, you may cease using the App.
7.2 ) Please check this EULA regularly to ensure that you understand the up-to-date terms that apply at the time that you access and use the App. If we update the terms of this EULA, the updated terms will apply to each of your uses of the App from that point on.
7.3 ) From time to time updates to the App may be issued through the relevant app store. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.
7.4 ) You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you to download 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 the services on or in relation to any Device, whether or not it is owned by you.
8.1 ) Either you or we may terminate this EULA at any time for any reason.
8.2 ) If you breach any of the terms of this EULA, we may immediately do any or all of the following (without limitation):
(1) issue a warning to you;
(2) temporarily or permanently remove any User Generated Content uploaded by you to the App;
(3) temporarily or permanently withdraw your right to use the App;
(4) suspend or terminate your Account;
(5) issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
(6) take further legal action against you; and/or
(7) disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
8.3 ) If we withdraw your right to use the App, then:
(1) all rights granted to you under this EULA shall cease;
(2) you must immediately cease all activities authorised by this EULA, including your use of any services provided through the App; and
(3) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to use that you have done so.
8.4 ) We shall cease to make the services available to you via the App promptly upon the termination or expiry of your employer’s subscription under the applicable Subscription Terms.
9. Other important information
9.1 ) Each of the clauses of this EULA operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
9.2 ) 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.
9.3 ) If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
10. Governing law and jurisdiction
10.1 ) This EULA is governed by the laws of England and Wales. This means that your access to and use of the App, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by the laws of England and Wales.
10.2 ) You may bring any dispute which may arise under this EULA to – at your discretion – either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court – competent to settle any of such a dispute. We shall bring any dispute which may arise under this EULA to the competent court of your country of habitual residence if this is in an EU Member State or otherwise the competent court of England.
10.3 ) As a consumer, if you are resident in the European Union and we direct this App to (or you otherwise pursue commercial or professional activities in) the member state in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this EULA, including clause 10.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
11. Contacting us
Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by clicking here or by using the following details:
Address: Regina House 124, Finchley Road, London NW3 5JA
Email address: email@example.com
Terms last updated: 20th September 2019
Additional App Terms
The following terms and conditions shall apply to your use of the App in addition to those set out in this EULA.
For the purposes of this appendix 1:
“Appstore Provider” means the provider of the app store through which you have downloaded the App (for example, Apple is the Appstore Provider if you have downloaded the App from the Apple App Store, Google is the Appstore Provider if you have downloaded the App from Google Play, etc); and
“Customer” shall mean the Company.
(1) You acknowledge and agree that this EULA has been concluded between you and the Customer, and not with the Appstore Provider. You acknowledge and agree that the Appstore Provider is not responsible for the App and its content.
(2) You acknowledge and agree that the Appstore Provider has no obligation to provide any maintenance or support in respect of the App. Should you have any problems in using the App, please contact the Customer at firstname.lastname@example.org.
(3) In the event that the App does not conform with any product warranty provided for by this EULA, the Appstore Provider may provide you with a refund of the price that you paid to purchase the App (if any). The Appstore Provider shall, to the maximum extent permitted by law, have no obligation to you whatsoever with respect to the App.
(4) You acknowledge and agree that the Appstore Provider shall not be responsible for addressing any claims that you might have relating to the App, including (without limitation): product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.
(5) In the event that a third party claims that the App infringes its intellectual property rights, the Customer (and not the Appstore Provider) shall be solely responsible for the investigation, defence, settlement and discharge of such claim.
(6) You warrant and represent that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to this EULA. Upon your acceptance of this EULA, Apple will have the right to enforce the EULA against you as a third party beneficiary.