1.1 Spikes Asia Festival of Creativity (the “Festival”) is organised and managed by Asian Advertising Festival (Spikes Asia) Pte Ltd, a company registered in Singapore (Registration number 200906776E) with registered address: Level 17, Frasers Tower, 182 Cecil Street, Singapore 069547
1.2 References to “us” means Asian Advertising Festival (Spikes Asia) Pte Ltd and references to “we” and “our” shall be construed accordingly. Reference to “you” means the entity completing a booking form and references to “your” shall be construed accordingly.
1.3 Ascential Events (Europe) Limited, a company incorporated in England and Wales with registration number 07814172 is the associated company instructed to process online card payments on behalf of the Festival and whose registered office is at c/o Ascential Group Limited, The Prow, 1 Wilder Walk, London, W1B 5AP, United Kingdom.
2.1 You may request a delegate pass for the Festival online.
2.2 All delegate pass purchase requests for the Festival are subject to availability. If you have completed your delegate pass purchase request correctly in accordance with these terms and conditions (the “Terms and Conditions”), if there is availability for the Festival and if you have made the requisite pre-payment (or provided us with credit/debit card details and authorisation to deduct payment) a confirmation email will be sent to you as soon as reasonably practicable. Your booking is confirmed when we send this email. If there is no availability for the Festival we will send you an email as soon as reasonably practicable informing you that this is the case.
2.3 When you request a delegate pass online, you must have previously linked your username and password which you will use to access the “My Account” area (your “Account”) of www.spikes.asia (the “Website”) and to book as a delegate. You are responsible for preventing unauthorised use of your username and password. You must keep your username and password confidential at all times as you are responsible for all activities undertaken through your Account. You agree to log-off from your Account at the end of each session and to contact us immediately if you become aware of any unauthorised use of your username/password and/or Account. We are not liable for any loss or damage arising from your failure to comply with these requirements.
2.4 Until 23:59 SGT Friday 16 August 2019, it will be possible to checkout a pass as “Unnamed”. An admin fee will be included in the cost of the pass; SGD 50 for delegates and young spikes and SGD 30 for students.
Details must be provided prior to the Festival, from the “My Passes” section of your “My Account” area. You will not be charged the admin fee again when you provide the unnamed passholder’s details later.
3.1 Prices are set out on the Website and exclude all applicable local taxes. All payments for registration fees must be made in Singapore Dollars (or such other currency as is stipulated on the Website).
3.2 Prices may change from time to time. If the price of a delegate pass increases or decreases before you receive a booking confirmation we will notify you and ask you to confirm whether you wish to proceed with your booking based on the revised price.
3.3 Payment may be made by either (i) bank transfer (SGD10 flat handling fee); or (ii) credit or debit card. The following handling fees will apply:
3.4 If you wish to pay by bank transfer please use the bank account details below. You are responsible for paying all bank charges. If bank charges are not paid by you, your registration may be refused. A payment description should be included with your payment which references your company name and SA/ reference number.
Beneficiary Name: Asian Advertising Festival (Spikes Asia) Pte Ltd.
Beneficiary Address: Level 17, Frasers Tower, 182 Cecil Street, Singapore 069547
Bank: Citibank N.A., Singapore Branch
Bank Address: 8 Marina View #16-01 Asia Square Tower 1, Singapore, 018960
Account Number: 0-852000-007
Swift Code: CITISGSG
Bank and Branch Code: 7214-001 (for local transfer)
Once the transfer has been made you will need to scan and email proof of payment/bank transfer confirmation, quoting your company name and SA/ reference number, to our Registration Team in order to complete your booking.
3.5 From 00:01 SGT Thursday 12 September 2019 onwards, it will no longer be possible to make payment by bank transfer and we will be accepting payment online by credit card only (or you can choose to pay at the Festival for delegate passes you have registered for). At the Festival, you can pay in cash (in Singapore Dollars only) or by credit card. Please note, if you do send a bank transfer after this date and the payment has not cleared by the time you arrive at the Festival, we will charge you again onsite. The duplicate payment would then be refunded post-Festival.
3.6 From 00:01 SGT Tuesday 24 September 2019 onwards, you will no longer be able to choose to pay at the Festival for delegate passes you have registered for online. It will only be possible to pay by credit card online; however, you can still purchase a pass upon arrival at the Festival if you have not registered online.
3.7 The stated pass fee excludes Singaporean Goods and Services Tax (“GST”), which is applicable to all Singaporean customers. All invoices will be sent electronically to the email address provided by you at the time of booking, if requested post-Festival. We cannot re-issue invoices. Invoices only refer to the currency in which payment has been made. You may, in certain circumstances, be able to reclaim any GST which you have paid. We do not refund GST.
3.8 Booking requests will not be processed until registration fees and applicable charges have been paid in full.
4. CHANGES TO THE EVENT, PASSES AND CANCELLATION POLICY
4.1 It may be necessary for reasons beyond our reasonable control (including, without limitation, due to acts of God, severe weather, fire, explosion, military or terrorist acts (or threats of any such acts), any industrial action or widespread illness) to alter the advertised content, timing and/or location of the Festival or to cancel the Festival. We reserve the right to do this at any time and we shall not be liable to you for any cost or other expenses (including, without limitation, wasted costs and expenses) incurred by you and/or your delegate(s) as a consequence (including, without limitation, delegate pass fees and travel and accommodation expenses).
4.2 Until 23:59 SGT Monday 23 September 2019, it will be possible to make a name change on a delegate pass, via the “My Passes” section of your “My Account” area of the Website. From 00:01 SGT Saturday 17 August 2019, an admin fee will apply per name change; SGD 50 for delegates and young spikes and SGD 30 for students.
4.3 From Tuesday 24 September 2019, it will be possible to make a name change at the registration area of the Festival, once we have opened for pre-registration. Name changes will not be accepted once a badge has been collected.
4.4 It will no longer be possible to make a name change to a delegate pass online via the “My Passes” section of your “My Account” area of the Website, from 00:01 SGT Tuesday 24 September 2019 onwards. Name changes will not be accepted once a badge has already been collected.
4.4 Cancellations must be made via the “My Passes” section of your “My Account” area.
4.5 Cancellations of delegate passes are not eligible for a refund or for credit against the current or future Festivals. This policy also applies to delegate pass downgrades.
4.6 It will be possible to request an upgrade to a delegate pass (e.g. from a “Young Spikes” to a “Spikes Delegate”), from the “My Passes” section of your “My Account” area of our Website. Additional fees will apply to delegate pass upgrades. If you require a pass downgrade, the request must be submitted to our Registration Team. No refunds or credit for the current or future Festivals will be given for delegate pass downgrades.
4.7 No refunds or credits for the current or future Festivals will be given for non-attendance at the Festival.
We ask that all delegates behave respectfully towards their fellow delegates and Festival staff. Delegates must not to do anything which: (a) may bring the Festival, us or any of our group companies into disrepute; or (b) be prejudicial to the image and/or reputation of the Festival, us or any of our group companies. Delegates must: (i) comply with all reasonable instructions given by Festival staff, including without limitation in relation to health and safety; (ii) not do anything that would or is likely to endanger other delegates, Festival staff or the general public; and (iii) comply with all local laws, rules and regulations (including, without limitation, alcohol licensing law).
6.1 Please collect your badge for the Festival from the registration area indicated in your booking confirmation email.
6.2 Badges must be worn at all times during the Festival. Badges are non-transferable. Badges are valid for the booked delegate only and must not be misused. Badges remain our property. We reserve the right to deny access to the Festival or confiscate badges where we consider that there has been a breach of these Terms and Conditions (including without limitation, clause 5 above).
6.3 We will not replace lost or stolen badges. Defacing and/or creating copies of a badge is a breach of these Terms and Conditions and will be treated as fraud.
6.4 Name changes will not be accepted once a badge has been collected at the Festival.
7. AWARDS SHOW AND AFTER PARTY
7.1 The Awards Show and After Party can be accessed with your delegate badge and are included in some delegate packages. It is not possible to purchase additional access for the individual Awards Show or After Party. Access to the Awards Show and After Party will not be possible without a delegate badge.
7.2 The Student pass will not include access to the After Party.
7.3 The Contractor and Exhibitor passes will not include access to the Awards Show or After Party.
8.1 All rights in all presentations, documentation and materials published or otherwise made available as part of the Festival (including but not limited to any audio or audio-visual recording of the Festival) (“Content”) is owned by us or is included with the permission of the owner of the rights. No: (i) photography, filming or recording; or (ii) republication, broadcast or other dissemination of the Content is permitted without our prior written consent. You shall not distribute, reproduce, modify, store, transfer or in any other way use any of the Content (save that use by the relevant delegate for internal business purposes shall be permitted) without our prior written consent, and in particular (but without limitation) you shall not (and shall procure that each of your delegates shall not) without our prior written consent:
8.1.1 upload any Content into any shared system;
8.1.2 include any Content in a database;
8.1.3 include any Content in a website or on any intranet;
8.1.4 transmit, re-circulate or otherwise make available any Content to anyone else;
8.1.5 make any commercial use of the Content whatsoever; or
8.1.6 use Content in any way that might infringe third party rights or that may bring us or any of our affiliates into disrepute.
8.2 The Content does not necessarily reflect our views or opinions.
8.3 Suggestions or advice contained in the Content should not be relied upon in place of professional or other advice. Whilst we take reasonable care to ensure that the Content created by us is accurate and complete, some of it is supplied by third parties and we are unable to check its accuracy or completeness. You should verify the accuracy of any information (whether supplied by us or third parties) before relying on it. The Content is provided on an “as is” basis without any warranties of any kind (express or implied). We hereby exclude to the fullest extent permitted by law all liabilities, costs, claims, damages, losses and/or expenses arising from any inaccuracy or omission in the Content or arising from any infringing, defamatory or otherwise unlawful material in the Content.
8.4 To the extent that any Content is made available by us online we reserve the right to suspend or remove access to such Content at any time.
9.1 We have approached the hotels listed in the Accommodation section of the Website, allowing you to book the room(s) at agreed competitive rates. Ascential does not represent or warrant that these are the best rates in Singapore and booking your room is entirely at your discretion.
9.2 The agreed hotel rates are only available for registered delegates attending the Festival.
9.3 To book a room please go to the accommodation guide on the Website after registering your delegate pass or passes. You will be able to book the room on each hotel’s website (please note some hotels will require a special code for the discount to be applied).
9.4 Your booking fee will need to be paid directly to the hotel, within the time limit specified by the hotel.
9.5 Reservations can only be confirmed and guaranteed by the hotel directly as they are subject to availability at the time of booking.
9.6 If you do not pay for your hotel reservation within the time limit specified by the hotel, your reservation may be cancelled (as advised by the hotel).
9.7 Please note that if you are cancelling a Festival pass you will need to cancel accommodation directly with the hotel. Ascential accepts no liability for the cancellation of your hotel accommodation bookings whatsoever.
9.8 Please check individual hotel pages for specific cancellation policies. If cancelling after certain dates, the hotels reserve the right to retain any deposit paid. Modifying dates after the relevant hotel’s cancellation deadline may result in the hotel retaining the total deposit or charging for the original dates of the booking.
9.9 No shows may be charged for the full stay.
9.10 Please note that all rates published are in Singapore Dollars and are subject to a 10% service charge and 7% GST.
10.1 These Terms and Conditions (together with any documents referred to herein or required to be entered into pursuant to these Terms and Conditions, including without limitation any booking form) contains the entire agreement and understanding between us and delegates and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to the subject matter of these Terms and Conditions and any such document.
10.2 You acknowledge that in purchasing a delegate pass and/or booking any associated accommodation you have not relied on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person other than as expressly set out in these Terms and Conditions.
10.3 These Terms and Conditions shall not create, nor shall they be construed as creating, any partnership or agency relationship between us.
10.4 You accept that communication with us may be electronic. We may contact you by e-mail or provide you with information by posting notices on our Website. You agree to this electronic means of communication and you acknowledge that all such communications that we provide to you electronically comply with any legal or contractual requirement that such communication be made in writing.
10.5 Save as set out in clause 4 of these Terms and Conditions you are not permitted to re-sell, transfer, assign or otherwise dispose of any of your rights or obligations arising under these Terms and Conditions.
10.6 The Spikes Asia trophies and all other Spikes Asia branding are the intellectual property, including copyright, design rights and trademark rights, of Asian Advertising Festival (Spikes Asia) Pte Ltd. We Have the exclusive right to and not limited to, reproduce, manufacture, copy, and sell the Spikes Asia trophies in any size or medium, and to distribute or exploit the design of the trophies or reproductions of same by gift, sale, re-sale or licence. No reproduction, replica or other copy of the Spikes Asia trophies may be made or used by any manufacturer, advertiser, organisation or individual except in accordance with these terms unless you have the prior express written consent or license from us.
10.7 These Terms and Conditions and the rights and obligations of both parties shall be governed by, and construed in accordance with, the laws of England and Wales and both parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute which arises hereunder.
11. CONFLICTING ACTIVITIES
11.1 The Festival brings together creative views, market experts, global brands and tech gurus, along with the awards honouring the industry’s game-changing ideas. Organisations present in Singapore during the Festival are asked to share responsibility and agree to the following conditions of participation.
11.2 By hosting an event in Singapore during the Festival you agree that:
11.2.1 you shall not, directly or indirectly, organise, fund or sponsor any conflicting or competing activity in Singapore during the Festival unless your company/organisation is permitted to do so for the Festival and it is acting in conjunction with us;
11.2.2 you shall not, directly or indirectly, engage in activities that are identical or similar to those conducted by us during the Festival, or that otherwise takes commercial advantage, or is parasitic of the Festival, its brand, trademark or goodwill;
11.2.3 you shall not entice Festival delegates, sponsors or speakers away from the Festival with the intention of presenting your own competitive commercial activities which run contrary to the Festival or are to their detriment or engage them to participate in, support your event or competitive commercial activity which undermines or damages the Festival;
11.2.4 you shall not use the name, trademarks or logos of the Festival or the Spikes Asia business name to promote your event or competitive commercial activity without our prior written consent or licence; and
11.2.5 you shall not engage in promotional or branding activities, including but not limited to the distribution of leaflets, brochures or flyers whether before, during or after the Festival unless agreed in writing with us.
11.3 We reserve the right to procure the cancellation of any event that you host or manage, whether before, during or after the Festival, that is in breach of any of the terms of Clause 11.2 without any liability to you.
11.4 You acknowledge and agree that damages to our brands, goodwill and reputation are reasonably foreseeable consequences of a breach by you of Clause 11.2
12. FORCE MAJEURE
We accept no liability to you and will not pay any compensation where the performance of their obligations is prevented or affected directly or indirectly by or as a result of force majeure or any circumstances beyond their reasonable control including, but not limited to, flood, earthquake, extreme adverse weather conditions, natural disasters, other acts of God, acts of terrorism (or threats of such acts), fire, failure of electric power, failure of hardware or software, cyber security attacks or any collapse of building structures.
13. LIMITATION OF LIABILITY
We accept no liability whatsoever for any loss or damage suffered by you in connection with the Festival or your Accommodation, including without limitation any loss or damage to any property left in your Accommodation.
We will not be liable for any indirect, consequential or pure economic loss or any loss of profit, goodwill or opportunity (whether caused by our negligence, or the negligence of our employees, contractors or agents or otherwise).
Our aggregate liability to you in respect of all losses, liabilities or damage suffered by you arising out of or in connection with these Terms and Conditions or your attendance at the Festival, howsoever arising and whether in contract, negligence or other tortious action or otherwise, will not exceed the value of the delegate pass.
Nothing contained in these Terms or Conditions or in any other document referred to or incorporated in it shall be read or construed as excluding any liability for death or personal injury caused by our negligence or liability for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded or restricted by law.
You will ensure that we, our staff and our affiliates will not suffer or incur any loss, costs, claims or expenses of any kind arising from or in connection with any act or omission by you (including anyone acting on your behalf) during or otherwise in relation to the Festival or your Accommodation.
15. FILMING AT THE FESTIVAL
Please note that we may film the Festival. We will use reasonable endeavours to ensure that delegates that may be in shot are aware (for example, by putting up filming notices). By entering an area where filming is taking place, you are deemed to consent to being filmed. You grant us a licence (which means permission) to use, edit, reproduce, record, modify, enhance, encode, translate, distribute, play, perform, make available to other users, prepare derivative works of and to display your image and/or your contribution to the film (your “Contribution”) (with or without advertising and sponsorship) by any media or methods whether now known or later developed. This licence may be exercised in our sole discretion throughout the world at any time.
You agree that this licence is: perpetual (which means it lasts forever); non-exclusive (which means you are free to grant this permission to other parties as well); royalty-free (which means we won't pay for the permission either now or in the future); and transferable (which means we can transfer the licence to others). You agree that we can sub-license this licence (which means we can grant an equivalent permission to others which may include without limitation our group companies and advertisers or sponsors). You irrevocably and unconditionally waive, in respect of your Contribution, all moral rights to which you may be entitled and any broadly equivalent rights in any territory of the world. This waiver is made in favour of us but shall also extend to our sub-licensees, assignees and successors in title.
16. SPIKES ASIA MOBILE APPLICATION END-USER LICENCE AGREEMENT
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY USING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE APP.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We, Asian Advertising Festival (Spikes Asia) Pte Ltd, a company registered in Singapore (Registration number 200906776E) with registered address: Level 17, Frasers Tower, 182 Cecil Street, Singapore 069547 (“we”, “us”, “Ascential”), license you to use the Spikes Asia app (the “App”) as permitted in these terms.
Your use of the App is also subject to the app developer’s terms and conditions, which can be found here.
The types of personal information collected and stored by the App might include your name, job title, company, your picture and some of your interests. It will also include any information that you send the App. Your information is used to provide the App networking services to you and to other users and to enhance your experience of the festival.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND DOWNLOAD THE APP
You must be 18 or over to accept these terms and install the App.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. If you do not accept the notified changes you will not be permitted to continue to use the App.
UPDATE TO THE APP
From time to time we may automatically update the App and to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products.
The App or any content within the App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
USE OF THE HELP FUNCTION
USE OF THE NETWORKING FUNCTION
To further enable networking among delegates at the festival, we will share your name, job title, company name and country or city where you are based (the “delegate information”) with other delegates, third parties and sponsors via our secure networking service. Delegates’ email address and telephone numbers will not be made public through the delegate listing or otherwise. If a delegate chooses to message another delegate, the message will be sent from the delegate’s profile. If a delegate chooses to reply, further communication will continue through the delegates’ chat function. All delegates can opt out at any stage by emailing our help team. If a delegate opts out, this will disable contact from other delegates and deny access to the delegate listing. Their delegate information will not be visible on the delegate listing. At the end of the festival, the delegate listing will be discontinued and all delegate information will be removed from the listing. Ascential reserves the right to deny access and remove any delegates from the delegate listing for inappropriate use. You consent to use the delegate listing respectfully and solely to network, exchange ideas and contact details where appropriate.
You agree that you will:
• not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
• not copy the App except as part of the normal use of the App or where it is necessary for back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App to be combined with, or become incorporated in, any other programs, except as necessary to use the App as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things.
ACCEPTABLE USE RESTRICTIONS
• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App including by the submission of any material (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
• not transmit or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any services on the App.
USER GENERATED CONTENT RULES
We may provide facilities on the App via which you are permitted to post content to the App.
Any such facilities are provided for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. You may not use any such facility in a way that is inconsistent with the foregoing.
In addition to the general standard set out above, user-generated content must:
• be accurate, where it states facts;
• be genuinely held, where it states opinions;
• comply with the laws applicable in any country from which it is posted.
User generated content must not:
• be defamatory of any person or organisation;
• be obscene, offensive, hateful or inflammatory;
• promote sexually explicit material;
• promote violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe the intellectual property or other proprietary rights of Planet Retail or any third party;
• be likely to deceive any person;
• breach any legal duty owed to a third party;
• promote any illegal activity;
• advocate, promote or encourage anti-competitive conduct;
• contain any information which is commercially sensitive or otherwise confidential to the relevant user or any third party;
• be in contempt of court;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• impersonate any person, or misrepresent a user’s identity or affiliation with any person;
• give the impression that the content emanates from Ascential, if this is not the case;
• advocate, promote, incite any party to commit, or assist any unlawful or criminal act;
• contain a statement which the user knows or has reasonable grounds to believe that members of the public are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
• contain any advertising or promote any services or links to other websites or Apps.
We exclude our liability for any loss or damage arising from the use of any App facility by a user in contravention of these User Generated Content Rules.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We will not be liable to you for any loss or damage caused by us, our employees sub-contractors in circumstances where: (i) there is no breach of a legal duty of care owed to you; (ii) such loss or damage is not a reasonably foreseeable result of any such breach; or (iii) in respect of any increase in the loss or damage resulting from your actions. Without prejudice to the foregoing, any liability of Ascential arising in respect of your use of the App (whether in tort, contract or otherwise) shall be limited in aggregate to ten Singapore dollars (SGD 10).
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
We are not liable for business losses. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App. The App is provided on an “as is” basis. All implied warranties, terms and conditions relating to the App (whether implied by statute, common law or otherwise), including any warranty, term or condition as to accuracy, completeness, reliability, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded. The App does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Check that the App is suitable for you. The App has not been developed to meet your individual requirements.
We are not responsible for events outside our control. If our provision of the App is unavailable or delayed by an event outside our control then we will take steps to minimise the effect of the unavailability or delay. We will not be liable for unavailability or delays caused by the event.
Availability. We will use reasonable endeavours to make the App available to you at all times. However, there may be occasions when access to the App may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. In addition, you acknowledge that the Internet may be subject to breaches of security and that the submission of content may not be secure.
WE MAY END YOUR RIGHTS TO USE THE APP IF YOU BREAK THESE TERMS
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App:
• You must stop all activities authorised by these terms, including your use of the App.
• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
• We may remotely access your devices and remove the App from them.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any third party rights.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by the laws of England and Wales and you can only bring legal proceedings in the English courts.