Our App is intended to support children and young people who have a terminally-ill family member or friend, or who have had a family member or friend die but it is not intended to replace independent professional advice from qualified counsellors, psychotherapists and medical practitioners. There are people who can help you if you feel that you need more support, so please speak to someone you can trust or seek professional guidance.
Introduction
These terms of use (" App Terms") apply to the entire contents of this mobile application (the " App") and contain important information explaining your rights to access and use the App. The App is operated by Apart of Me, a Charitable Incorporated Organisation (charity number:1194613), registered in England and Wales (" we", " us" and " our").
Please read these App Terms and the Privacy carefully before using the App. You should pay particular attention to the Disclaimer of Warranties section as this excludes or limits our legal liability in connection with your use of the App. By accessing or using the App and or placing an order through the App, you agree to be legally bound by these terms and conditions. If you do not wish to be bound by these terms and conditions then you may not use the App. If you breach any of these App Terms, your permission to use the App automatically ends.
Using the App
By installing, using or otherwise accessing the App, you, the user of the App:
(a)confirm your acceptance of these App Terms. If you do not agree to these App Terms, you must immediately uninstall the App and do not use or otherwise access the App; and
(b)represent that you are age 13 or older (or such greater age required in your country for you to be authorized to use the App without parental approval, the “minimum required age”). If you are younger than the minimum required age to use our App under applicable law, you represent that your legal guardian has reviewed and agreed to these Terms. The use of the App by anyone younger than the minimum required age is subject to the consent of a parent or guardian..
Unless otherwise specified all content and materials published on the App are presented solely for your private, personal and non-commercial use.
We reserve the right to terminate your access to the App at any time without notice.
General Terms
These App Terms incorporate the terms and conditions and privacy policies of the App platform (such as Google Play Store or Apple App Store) from where you downloaded the App (" Platform Terms"). You should ensure that you have read the Platform Terms. If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.
We grant you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the App for your personal, non-commercial use and only on you mobile device as permitted by the Platform Termsand in accordance with these App Terms (" User Licence"). All other rights in the App are reserved by us. You agree not to use the App for any other purpose.
In the event of your breach of these App Terms we will be entitled to terminate the User Licence immediately.
Your agreement with your mobile network provider will apply to your use of the App and you may be charged by your mobile network provider for data services while using certain features of the App (as well as other third party charges). You are solely responsible for such charges. If you are not the bill payer for your mobile device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
Changes to App Terms
We may make changes to these App Terms and the Privacy and Cookie Policy at any time without notice by updating these pages. Please review this section of the App periodically to determine whether the App Terms have been changed. Your access to or use of the App (or any part of it) at any time means that you have agreed to the latest published version of the App Terms. If you do not agree to any change to the App Terms or the Privacy and Cookie Policy, then you must immediately stop using the App.
Certain provisions of these App Terms may be changed by legal notices or terms located on particular pages of the App or on materials that are downloadable from the App. Please check these App Terms regularly to ensure you are aware of any changes made by us. If you continue to use the App, you will be treated as having accepted such changes. If you do not agree to such changes, you should not use the App.
Modifications to App
We may make changes or corrections, alter, suspend or discontinue any aspect of the App or the content or services available through it, including your access to the App with or without notice to you. You will be treated as having accepted such changes by continuing to use the App. Unless explicitly stated to the contrary, any new features including new content, will be subject to these App Terms. We will not be liable to you or any third party for any changes to or permanent or temporary withdrawal of the App.
Information you provide to us
If you have not created an account with us, any information, photographs and other content that you upload to the App (collectively, “User Content”) is stored locally on your device and we do not have any access to it. If you have created an account with us, you may voluntarily provide information to us when you use the App. In order to operate and provide our App, you grant us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable licence to use, reproduce, create derivative works of, display, and perform the User Content. The rights you grant in this licence are for the limited purpose of operating and providing our App.
Whether or not you hold an account with us, we may collect certain information automatically from you in statistical form for analytical purposes. To find out more about how we will process your personal data, please refer to our Privacy Policy.
We may preserve content and may disclosed content if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these App Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of us, our users and the public.
Misuse of App
You may use the App for lawful purposes only. You must not misuse the App, including, without limitation, by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not access without authority, interfere with damage or disrupt the App or any part of it; any equipment or network on which the App is stored; any software used in connection with the provision of the App; or any equipment, software or website owned or used by a third party. You must not attack the App via a denial-of-service attack.
Without prejudice to our other rights or remedies, we reserve the right to take legal proceedings against you for reimbursement of all costs or losses (on an indemnity basis) resulting from your breach of this section of the App Terms, and to disclose such information to law enforcement agencies as we reasonably believe is necessary.
Copyright
The contents of the App are protected by international copyright laws and other intellectual property rights. All intellectual property rights in the contents of the App (including, without limitation, all text, graphics, logos, names, artwork, photographs and videos) are owned by us or our licensors. You will retain ownership of any User Content. With respect to all User Content, you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights to publicity contained therein. All product and company names and logos mentioned on the App are the trademarks, service marks or trading names of their respective owners. All rights are reserved.
You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the App hat belongs to us or our Licensors (including text, graphics, video, messages, code and/or software) without our prior written consent.
Linked websites
Where the App contains links to third party websites and resources, these links are provided for your information only. We are not responsible for the availability, accuracy or content of these websites or resources, or for any loss or damage that may arise out of your use of them. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. Access to third party websites is entirely at your own risk. You should read any terms and conditions applying to the use of any third party website that you visit and address any complaints or queries relating to such websites to the operator of that website.
You may not use any part of the App on any other website or link any other website to the App without our prior written permission.
Availability of the App
While we will endeavour to ensure that the App is accessible 24 hours a day, we cannot guarantee that the App will operate continuously or without interruptions or be error free. We cannot accept any liability for its unavailability. You must not attempt to interfere with the proper working of the App and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt your mobile device, server, website, router or any other Internet connected device.
Export Control
You may not use, export, or re-export the App or any aspect of the App (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.
Indemnity
You agree to release, indemnify and hold us and our affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the App, and User Content, your violation of these App Terms or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California (United States) resident, you waive California Civil Code Section §1542, or any other similar applicable statute or law of any other jurisdiction, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected the settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
This app and its contents are free for you to use. As a result, all content, materials and information on the app are provided on an "as it" basis and "as available" basis, for information purposes only and without any promises, conditions, warranties or other terms of any kind, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We are not required to update the App or to correct any inaccuracies which may become apparent, but will be entitled to do so if we wish without notice to you.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your mobile device, other mobile applications, data or other proprietary material due to your use of the App.
We will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised or the possibility of such damage. Our aggregate liability relating to, arising out of, or in any way in connection with our app terms, us, or our app will not exceed the amount you have paid the company in the last six (6) months, or, if greater, one hundred dollars ($100).
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.
If you are a user from New Jersey, the foregoing sections titled Disclaimer of Warranties and Limitation of Liability are intended to be only as broad as is permitted under the laws of the state of New Jersey. If any portion of these sections is held to be invalid under the laws of the state of new jersey, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable sections.
Applicable Law
These App Terms and any dispute or claim arising out of or in connection with them or their subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the law of England and Wales. You agree that the courts of England and Wales will have exclusive rights to settle any dispute regarding these App Terms and any and all dealings between us and you.
The App has been approved for access in the United Kingdom. We cannot give any assurances that the App, use of the App or these App Terms (in whole or in part) are in compliance with laws or available for use in locations outside this territory. If you choose to access the App from locations outside this territory, you do so at your own initiative and are responsible for compliance with local laws.
Replacement
These terms and conditions replace all other terms and conditions previously applicable to the use of the App.