Terms and Condition

 

1. INTRODUCTION:

Welcome to our 365live application (hereafter referred to as the “App“). This App is published by or on behalf of [PLEASE INSERT YOUR COMPANY NAME HERE], (hereafter referred to as the “Company") a company registered in [COUNTRY WHERE YOUR COMPANY IS REGISTERED] under company number [COMPANY NUMBER, IF APPLICABLE], which has an office as registered at [COMPANY ADDRESS, IF APPLICABLE]

By downloading or otherwise accessing the App you agree to be bound by the following terms and conditions (hereafter referred to as “Terms”), as well as our privacy policy. If you have any queries about the App or these Terms, you MUST please contact us immediately. If you do not agree with these Terms, please kindly stop using the App immediately.

2. GENERAL RULES RELATING TO CONDUCT:

The App is made available for your own, personal use. The Company hereby grants you a worldwide, non-exclusive, royalty-free revocable licence to use the App for your own personal use in accordance with the Terms hereto provided.The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose by you or any person affiliated or related to you. When you use the App you must comply with all applicable local laws and with any applicable international laws, including the local laws in your country of residence (together referred to hereafter as “Applicable Laws”). Furthermore, you acknowledge that the terms of agreement with your respective mobile network provider (hereafter referred to as the “Mobile Provider”) will continue to apply when using the App. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.

You agree that when using the App you will comply with all Applicable Laws and these Terms. As a user, and without limitation, you understand fully that:

  • You must be at least 18 years of age in order to use this App in any way so intended; and
  • You are aware of the legal drinking age in the juridisdiction in which you are using the App to attend parties and events; and
  • You are aware of the legal drinking age in the juridisdiction in which you are using the App to attend parties and events; and
  • The Company cannot be held responsible for users who do not abide by these or any other Terms nor for any false information that may be provided by users of this App.

The Company cannot be held responsible for users who do not abide by these or any other Terms nor for any false information that may be provided by users of this App.

  • Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
  • Attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; or
  • Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.

You agree to indemnify this Company and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms and Conditions or any Applicable Laws.

3. CONTENT:

The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (hereafter referred to as the “Material”) is owned by or licensed to our Company or its group companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without our Company’s express permission.

The trademarks, service marks, and logos (hereafter referred to as “Trade Marks”) contained on or in the App are owned by this company or its group companies or third party partners of said Company. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of our Company or the relevant group company or the relevant third party partner of said Company.

4. SYSTEM REQUIREMENTS

In order to use the App, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (hereafter referred to as the “Software Requirements”). The Software Requirements are as follows: Apple iOS devices running iOS 4 or iOS 5, and Android OS devices running Android OS 2.1 up to OS 2. Languages are in English, Italian, German, Spanish and French. The current version of the App software at the time of writing of these Terms may be upgraded from time to time to add support for new functions and services.

5. AVAILABILITY

This App is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. The Company will use reasonable efforts to make the App available at all times. However you acknowledge that the App is provided over the internet and mobile networks and so the quality and availability of the App may be affected by factors that are beyond the Company’s reasonable control. Therefore, the Company and any of its employees and sub-contractors do not accept any responsibility whatsoever for unavailability of the App or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable. The Company will not be responsible for any support or maintenance for the App.

6. LINK TO THIRD PARTIES:

The App may contain links to websites operated by third parties (referred to hereafter as “Third Party Websites”). We on behalf of the Company may monetise (i.e. capitalize materially or otherwise gain from) some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, our Company does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.

7. ADVERTISERS IN THE APP:

We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not the Company, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.

8. COMPETITIONS:

If you take part in any competition which is run in or through the App (hereafter referred to as the “Competition”), you agree to be bound by the rules of that competition and any other rules specified by the Company from time to time (hereafter referred to as the “Competition Rules“) and by the decisions of the Company which are final in all matters relating to the Competition. The Company reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.

9. IN-APP VOUCHER CODES:

Any in-app voucher codes issued by Future may only be used in accordance with applicable terms and conditions or rules pertaining thereto.

10. OUR COMPANY’S PRIVACY POLICY:

We take your privacy very seriously.

Our company will only use your personal information in accordance with the terms of our privacy policy. By using the App you acknowledge and agree that you have read and accept the terms of our app privacy policy, as well as these Terms.

11. DISCLAIMER / LIMITATION OF LIABILITY:

PLEASE NOTE: USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN ‘AS IS’ BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) THE COMPANY DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN THE COMPANY AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT HEREBY AFFECTED.

Furthermore, the Company will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.

IF THE COMPANY IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) FIFTY POUNDS STERLING (£50.00); OR (B) THE SUMS PAID BY YOU UPON PURCHASING THE APP, OR ANY IN-APP SPEND, INCLUDING SUBSCRIPTIONS, WHICHEVER IS GREATER.

Nothing in these Terms shall be construed as excluding or limiting the liability of the Company or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by the applicable and appropiate law.

12. SERVICE SUSPENSION:

The Company reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

13. GENERAL:

These Terms (as amended from time to time) constitute the entire agreement between you and the Company concerning your use of the App.

The Company reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of the Company.

The Company reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of the Company.

If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.

Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits under any specific or related laws or otherwise in favour of any person other than you, the Company and its group of companies.