Alph and Betty’s Topsy Turvy World
PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP
We are Electric Circus Ltd, a company registered in England and Wales under registration number 08142581 and our registered address is Studio 106, 106 Coleridge Rd, Brighton, BN3 5AA, United Kingdom (“Us” or “We”).
Please read these Terms carefully before purchasing and downloading the App. By purchasing and downloading the App, You acknowledge that You have read this document and that You agree to be legally bound by these Terms.
If You do not agree to the terms of this licence, We will not license the App to You and You must stop the downloading process now.
Your use of the App is subject to any rules or policies applied by any appstore provider or operator from whose platform You downloaded the App (the “Appstore Rules”). We do not sell the App to you. We remain the owners of the App at all times.
As a consumer, You have the right to withdraw from Your transaction without charge and without any reason before downloading the App. However, You will lose the right to cancel the transaction once You begin to download the App. This does not affect Your consumer rights if the App is defective.
You should print a copy of these Terms for future reference.
These Terms are only available in the English language.
If You have any questions, complaints or comments in relation to the App or these Terms then You may contact Us on firstname.lastname@example.org, or by prepaid post to our registered address above.
- 1. ACKNOWLEDGEMENTS
1.1. These Terms apply to the App, including any updates or supplements to the App, unless we notify You that additional or alternative terms apply.
1.2. We may need to change these terms from time to time (for example, due to changes in the law or the App). If we change these terms We will give You reasonable notice of such a change. The new terms may be displayed on-screen and You may be required to read and accept them to continue Your use of the App. From time to time updates to the App may be issued through the applicable appstore provider or operator. 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.
1.3. If You download a copy of the App onto a device (the “Device”) which is not owned by You, You will be assumed to have obtained permission from the owner of such Device. You accept responsibility in accordance with these Terms for the use of the App on or in relation to any Device, whether or not it is owned by You. You further accept and acknowledge that Your use of the App on the Device may have an impact on Your data usage and charges under Your mobile contract in respect of that Device.
1.4. You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information You send using the App or to Us may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
2. YOUR RIGHTS
2.1 In consideration of You agreeing to abide by these Terms, we grant You a non-transferable right to download and use the App as permitted by these Terms and the Appstore Rules, incorporated into these Terms by reference. We reserve all other rights.
2.2 You may download a copy of the App onto the Device to view, use and display the App on the Device for Your personal purposes only. You are not permitted or licensed to use the App for any other purpose and nothing in these Terms shall be deemed to grant You any right, title or interest in the App.
2.3 You have no right, and shall not permit any third party to copy, adapt, reverse engineer, decompile, disassemble, modify or reproduce the App in any way without obtaining Our express prior written consent in each instance or to the extent required by law.
2.4 We reserve the right to suspend, restrict or terminate Your use of the App at any time without notice at Our discretion if We have reasonable grounds to believe You have breached any of the restrictions above or otherwise.
3. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the App belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that You have no rights in, or to, the App other than the right to use the App in accordance with these Terms.
4. YOUR LEGAL RIGHTS
The App is provided without any promise by us as to its accuracy or availability. You have certain legal rights which include that the App will be provided with reasonable care and skill. Nothing in these Terms is intended to affect or limit Our liability in relation to these legal rights. For more information about Your legal rights contact Your local Citizens Advice Bureau or Trading Standards office.
5. LIMITATION OF LIABILITY
5.1 We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
5.2 We accept liability for death or personal injury caused by Our negligence or that of Our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by Us or Our employees or agents.
5.3 If We breach these Terms, We shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Our Losses are foreseeable where they could be contemplated by You and Us at the time of entering into this Agreement. Our liability to You, save as provided for in section 4 (Your Legal Rights), shall be up to a maximum of £100.
5.4 We do not accept responsibility for losses caused by anything outside of Our reasonable control.
5.5 We cannot guarantee that the App is free from viruses, contamination or destructive features.
5.6 Availability and use of the App may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.
Where the App is made available on the iTunes Store, You acknowledge that Apple:
- has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
- is not responsible for addressing any claims by You relating to the App or Your possessions and/or use of that App, including, but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
- is not responsible for the investigation, defence, settlement and discharge of any intellectual property infringement claim; and
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
8 DISPUTES AND GOVERNING LAW
Please note that these Terms, its subject matter and its formation, are governed by English law. We will do our best to resolve any disputes over these Terms. If You wish to take court proceedings against Us, You must do so within the United Kingdom. If You live within England or Wales then the laws of England and Wales shall apply and if You live in Scotland, Scottish law shall apply.