TERMS AND CONDITIONS
Version number: 1.0
Effective date: 01/03/2021
1. Who we are
1.1 We are Hoppout Ltd. Our company information is at the end of this document.
2. What this is all about
2.1 These are our terms and conditions which apply to our Service (explained below). We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. If we make them available in other languages, these are for information only and only the English version is legally effective.
2.2 By way of introduction: Hoppout! is an app designed to help you meet new people and find or organise real life events. We would like first make clear that meeting strangers in real life can lead to unpredictable situations. We can’t control what happens in the real world, and we are not responsible for it. You should take all possible safety steps ahead of such meetings and always use common sense and good judgment when interacting with others.
3. Some definitions
3.1 Here are some definitions which are used in this document (all capitalised):
· “App” – the Hoppout! mobile application.
· “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession. (In other words, you are a Consumer if you are a private user of our site but not if, say, you are a Pro User using our Service for your business or profession).
· “Content” - all information of whatever kind (including event and other listings, profiles, bios, posts, comments, chat, images, photos, audio, video, advertisements, messages, reviews etc., used on our Service (including messages sent via our Service).
· “Organiser” – a User who uses our Service to place event or other listings.
· “Service” – our App and any related software and services.
· “Store” – the app distributor from which you download the App (e.g. Apple App Store, Google Play App Store).
· “Store Rules” – any applicable rules, policies or terms of the relevant Store.
· “User” - persons or organisations using our Service (whether or not registered with us).
4. How you enter a legal contract with us
4.1 By downloading our App, you enter into a legal contract with us.
4.2 These terms and conditions are an “end user licence agreement” between you and us (not the Store) in relation to our App (i.e. setting out how we allow you to use our App). You also agree to be legally bound by the Store Rules.
4.3 There is no Consumer right to cancel this agreement (i.e., “cooling off”) because our Service involves the supply of digital content.
5. Changing these terms and conditions
5.1 We may change these terms and conditions by giving you at least 15 days’ notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger. We will notify you by email, SMS and/or in-app message and by posting the new version on our website.
5.2 If you don’t agree to the new terms, you should end this contract as explained below before the new terms take effect.
6. Your right to use our Service
6.1 We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you (only Apple-branded where Apple Inc is the Store) subject to these terms and conditions and, where applicable, in accordance with the Store Rules.
7. Who can use our Service?
7.1 You must not use, or attempt to register on, our Service if you are below 16 years of age.
8. Things you can and can’t do on our Service
8.1 You agree not to do any of the following in connection with the Service:
· deceive, misrepresent or mislead anyone about anything including about the nature and content of your events, your identity, your intentions or your abilities;
· break the law or infringe anyone else’s rights;
· provide us with or link to or use unlawful, infringing or otherwise inappropriate Content (including material which infringes copyright or trade marks);
· victimise or harass other people;
· use offensive, obscene, abusive or other inappropriate language;
· provide any Content that includes someone else’s personal information;
· impersonate anyone;
· use the Service with a view to competing with us or infringing our rights;
· disrupt our Service, e.g spam, viruses or phishing;
· interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
· intercept or modify communications;
· impose an unreasonable load on our Service;
· deliberately exploit any bugs found within the Service;
· get around any security or other features including those designed to stop copying of Content; or
· attempt, encourage or assist any of the above.
8.2 You agree to:
· comply with any rules or requirements on our Service including our Code of Conduct [INSERT LINK].;
· promptly comply with any reasonable request or instruction by us in connection with the Service; and
· ensure that any contact or other information which you supply to us is accurate and not misleading and you will tell us if there are any important changes.
9. If you provide Content for use on our Service (e.g., event or other listings, profiles, reviews) …
9.1 You are responsible for your Content.
9.2 You promise you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.
9.3 If you post a review, you guarantee that you have no personal or business relationship with the entity, product or service being reviewed, that you are not a competitor of that entity, that have not been offered any incentive to write the review and that the review is your independent, honest, genuine opinion.
9.4 If you use any features on our Service which enable you to share your Content with third party sites, we are not responsible for use of your Content on those third party sites.
9.5 We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.
9.6 It is your responsibility to decide which Content to upload (subject to these terms and conditions). We do not accept responsibility if your Content is misused by others as this is outside our reasonable control. Don’t upload any Content if you are concerned that it may be misused.
9.7 We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.
9.8 We reserve the right in our discretion without notice to edit the text or layout any listing to ensure it complies with our terms and conditions and otherwise in accordance with how we think your presence should appear on our Service.
9.9 You agree that, in connection with the supply of goods and/or services which are shown in, referred to or linked to in any listing, you will act in accordance with highest standards reasonably to be expected in the relevant industry and in accordance with all applicable laws, regulations and codes of conduct.
9.10 It is your responsibility to make your own frequent backups of Content to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.
9.11 We may irretrievably delete your Content without telling you after this agreement ends.
9.12 Uninstalling the App may result in deletion of all Content on your device.
10. Dealing with other Users…
10.1 Hoppout! is an app designed to help you meet new people for leisure purposes and to find or organise real life events, including promotion of your goods and services.
10.2 We are not a party to any offline arrangements made through our Service. We do not conduct or require background checks on Users or attempt to verify what they say. We do not monitor Users or review their Content unless they are the subject of complaint. (If you have concerns about another User or their Content, please tell us.) We don’t endorse or recommend any Content. We make no promises and accept no legal responsibility for the conduct or Content of other Users or their interactions with you. You rely on such information and/or deal with other Users at your own risk. It is your responsibility to carry out careful and detailed investigations before dealing with other Users including use of or reliance on their Content. You should not assume that any Content from another User is accurate and be aware that a person may not be who he or she claims to be.
10.3 You acknowledge that in using the Service you may encounter behaviour or Content which you consider inappropriate. If so, please email us to our email address shown below (including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g. from law enforcement authorities) and/or stop using the Service.
10.4 When arranging through the Service to meet another person, you must take appropriate precautions and follow any guidelines on our Service including our Code of Conduct [INSERT LINK]. In any case, all Users should use common sense and good judgment in taking appropriate safety measures ahead of and during meetings. We invite all Users to share their details and check identities of other Users ahead of a meeting, for example in a video call, and to question information given to them. We cannot control what actually happens at such meetings which are at your own risk and are not our responsibility.
10.5 If you are an Organiser, you acknowledge that we permit Users to post reviews about you. We are not responsible for monitoring or editing Reviews. You acknowledge that such reviews may be critical or defamatory of you. We will look into any complaint you make and may edit or remove the review but only if we think it appropriate to do so.
10.6 If you attend an event, you agree to provide a truthful review and, should it be negative, keep it as factual as possible in describing what went wrong and ensure that you use appropriate language at all times.
11. Other peoples’ services / advertising / websites
11.1 We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
11.2 You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren’t responsible for what they do or don’t do.
12. Our guidance
12.1 If we ourselves provide any guidance or other general information on our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
13. If you create an account on our Service
13.1 Your account is non-transferable. You agree not to allow any other person to use your account except to grant access to authorised users in accordance with the functionality of our Service. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for authorised users and other people who use your account or identity (unless and to the extent that we are at fault).
14. Paying us
14.1 While parts of our Service are available to Users free of charge, certain paid features are available only to Users who purchase them or subscribe. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Service. Payment is in advance.
14.2 You are legally committed to pay your subscription payment once we confirm your order.
14.3 If we have mis-priced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.
14.4 Where stated on our Service when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you end your subscription before the renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund. You authorise us and our payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.
14.5 We may at any time change our subscription prices. The new rate takes effect if you apply for a new subscription after we post the new prices on our Service. For existing subscribers, we will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should end your subscription by following the instructions on our Service. Otherwise the next renewal of your subscription after the one month’s notice will be at the new price.
14.6 You must contact us immediately with full details if you dispute any payment.
14.7 You must make all payments without any set-off, counterclaim or any other deduction. Time shall be of the essence for all payments under this agreement.
14.8 If any amount due to us is unpaid (including unjustifiable chargeback), without prejudice to any other remedy that may be available to us, we may charge you: (1) a reasonable additional administration fee; (2) the amount of any third party charges imposed on us; and/or (3) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
15. About discount codes
15.1 We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
15.2 We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
16.1 We do not supply support except to the extent specifically stated on our Service, as may be varied from time to time. You acknowledge that the Store has no obligation to supply any maintenance and support services in relation to the App.
17. Ending or suspending this contract
17.1 You may at any time end this contract by emailing us to the email address shown below and by uninstalling the App from all of your devices. (This doesn’t entitle you to a refund.)
17.2 We are entitled to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
· you break this contract;
· you are subject to complaints by other users;
· any fees payable by you are unpaid / unjustifiably charged back;
· acting reasonably, we think that it is necessary to protect us or others;
· we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
· you or anyone on your behalf acts inappropriately towards our staff.
17.3 We are entitled at any time to end this contract if we terminate our Service as a whole if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
17.4 If this contract ends:
· Your right to use our Service and all licences are terminated.
· Existing rights and liabilities are unaffected.
· All clauses in this contract which are stated or intended to continue after termination will continue to apply.
18. Restrictions on our legal responsibility – very important
18.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
18.2 If you are a Consumer, we shall not be liable for any loss or damage where:
· there is no breach of a legal duty owed to you by us;
· such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
· (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
· such loss or damage relates to a business of yours.
18.3 If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.
18.4 The following clauses apply only if you are not a Consumer:
· If you are or were a subscriber, our liability of any kind (including our own negligence) for any act or omissions or series of connected acts or omissions is limited to the total fees paid or payable by you to us in connection with our Service in the 12 months before the act or omissions complained of.
· In no event (including our own negligence) will we be liable for any:
· economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
· loss of goodwill or reputation;
· special, indirect or consequential losses; or
· damage to or loss of data
(even if we have been advised of the possibility of such losses).
· You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
· To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
· This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
19. Intellectual property rights (e.g. copyright)
19.1 The intellectual property rights in all material used on or in connection with our Service are owned by us or by our licensors, partners or other Users. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
19.2 Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
19.3 You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.
19.4 If you upload any Content for display on our Service, you retain ownership of the intellectual property rights. You allow us on an irrevocable, royalty-free basis, and forever (so continuing after the end of this contract) , to use and adapt all or part of such material however we wish on our Service. as well as on other channels including social media, including for the purpose of redistribution or promotion of our Service. You waive your “moral rights” in relation to such Content to the extent legally allowed. You also allow each User to use your Content in accordance with these terms and conditions.
20. If our Service doesn’t work properly
20.1 We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.
20.2 You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.
21. Compatibility of App
21.1 We do not guarantee that the App is or will be compatible with any particular mobile devices or associated operating systems (OS’s). You must check that the App works on your applicable device before you subscribe. You acknowledge that the supplier of the device or OS may issue an update that causes our App to stop working. We may issue App updates through the Store; if so, you may not be able to use our App properly or at all until you have downloaded the update, which may be subject to agreement to new terms and conditions. It is your responsibility to frequently monitor for App updates and to install them as soon as they become available.
22. Things we can’t control
22.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
23. Transferring this contract to someone else
23.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
25. English law and courts
25.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.
26.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
27. Extra legal terms required by the Store
27.1 In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not the Store, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
27.2 The following applies where Apple Inc is the Store:
· In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility subject to these terms and conditions.
· We, not Apple, are responsible for addressing your claims or the claims of any third party relating to the App or the end-user’s possession 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, privacy or similar legislation including use of HealthKit and HomeKit frameworks.
27.3 You acknowledge and agree that the Store, and the Store’s subsidiaries, are third party beneficiaries of this agreement, and that the Store will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.
27.4 You promise 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.
28.1 If you have any complaints, please contact us via the contact details shown below.
29. Company information
29.1 Company name: Hoppout Ltd
29.2 Trading name: Hoppout!
29.3 Country of incorporation: England and Wales.
29.4 Registered number: 12924483
29.5 Registered office: 20-22 Wenlock Road, London, N1 7GU, UK
29.6 Contact address: 14 Britten Street, London SW3 3TU, UK
29.7 Contact email address: firstname.lastname@example.org
29.8 Other contact information: See our website / contact page.
29.9 VAT number: GB 359 6634 52
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