PLEASE READ THESE LICENCE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR APP.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
REAS Group Ltd (“we”, “us”, “our”), a company registered in England and Wales with company registration number 09917141 and having its registered address at 3 Charles Pym Road, Aylesbury, Buckinghamshire, HP19 9RY, license you to use our KonnekApp mobile application software (“App”) and any updates or supplements to it as permitted in these terms.
YOUR RIGHT TO USE THE APP
In return for your agreeing to comply with these terms you may:
● download a copy of the App onto your compatible mobile device and view, use and display the App on such devices for your personal purposes only.
● use any related online documentation (“Documentation”) to support your permitted use of the App.
● receive and use any free supplementary software code or update of the App incorporating"patches" and corrections of errors as we may provide to you.
REGISTERING WITH US
To start using the App, you must create an account with us by completing and submitting to us the information required at the time of registration (“Account”). By registering with us, you promise that the information provided to us is truthful, accurate and error free. You must notify us in the event any of your details change. You are only permitted to open one Account in your name. You must keep any username or password associated with your Accounts confidential and secure. You shall notify us immediately upon becoming aware of any security breach or unauthorised use of your Account. Your Account is personal to you and no one other than you may access your Account or otherwise use the App on your behalf.
RULES ON USE OF THE APP
The App is part of the KonnekApp platform (“Platform”), which allows individuals, businesses and other organisations (“Organisations”) to streamline their information, documents, video and other content (which may be hosted with different service providerslike YouTube and Vimeo) and make them all available for viewing through the Platform(“Content”). As a user of the App, you may search for Organisations registered with ourPlatform and subscribe to their channel. As a subscriber to the Organisation’s channel, you may view that Organisation’s Content and send messages to them directly.
Any use or reliance on Content or materials posted via the App or obtained by you through the App is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the App or endorse any opinions expressed via the App. You understand that by using theApp, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. All Content is the sole responsibility of the person who originated suchContent. We may not monitor or control the Content viewed through the App and we cannot take responsibility for such Content.
ACCESS TO THE APP
We aim to make the App available to you at all times, but we cannot guarantee that the App will be uninterrupted or fault free. Routine and essential maintenance and upgrades may be required from time to time to improve, add functions or restore the App.
.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.
APPLE’S AND GOOGLE’S TERMS ALSO APPLY
The ways in which you can use the App and Documentation may also be controlled by the AppStore’s and Google Play’s rules and policies and such rules and policies will apply instead of these terms where there are differences between the two.
You promise to us that:
● you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a ‘terrorist supporting’ country; and
● you are not listed on any US Government list of prohibited or restricted parties.Where you have obtained the App from Apple’s Appstore:
● these terms are concluded between you and us and accordingly Apple is not a party to these terms;
● Apple has no obligation to provide any maintenance and support services in respect of the App;
● if the App fails to conform to any warranty herein, you may notify Apple following which Apple will refund you the purchase price paid for the App (if any). Apple will have no further liability whatsoever in respect of any such failure;
● Apple has no responsibility to address any claims by you or any third party whatsoever with respect to the 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 in connection with the App’s use of the HealthKit andHomeKit frameworks;
● Apple shall not be responsible for any claims made by any third party that the App infringes any third party intellectual property rights; and
● ‘AppStore’ and ‘Apple’ are trade marks of Apple Inc.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms, and Apple will have the right (and will be deemed to have accepted the right)to enforce these terms against you as a third party beneficiary.
OPERATING SYSTEM REQUIREMENTS
You must ensure the device you use to access the App complies with any minimum specification released by us from time to time and required for your device to use all the features and functionality of the App.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or have any problems using them please take a look at our support resources at www.konnek.app
Contacting us (including with complaints). If you think the App is faulty or misdescribed or wish to contact us for any other reason please email our customer service firstname.lastname@example.org.
How we will communicate with you. If we have to contact you we will do so by email or SMS, using the contact details you have provided to us.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE THE APP
You must be 18 or over to accept these terms and use the App.
We reserve the right to request your proof of age and evidence to verify your identity.
We reserve the right to conduct checks against any of the details you provide through any channels or methods available to us. In such instances where we suspect you may be under 18 or we have been unable to verify your identity or age, your right to use the App will be suspended.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App as set out above. You may not otherwise transfer the App 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.
We will give you notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes you will not be permitted to continue to use the App once the change to the terms comes into effect.
UPDATE TO THE APP
From time to time we may automatically update the App 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 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.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
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.
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, any Content or Documentation, except as part of the normal use of theApp or where it is necessary for the purpose of back-up or operational security;
● not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, theContent or Documentation nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices 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, except to the extent that(by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988)such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
● is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
● is not used to create any software that is substantially similar in its expression to the App;
● is kept secure; and
● is used only for the Permitted Objective;
● comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
ACCEPTABLE USE RESTRICTIONS
● not use the App 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 lewd or profane, defamatory, offensive, sexually explicit, promotes violence or incites hate or is otherwise objectionable in relation to your use of the App;
● not use the App as a means of threatening or harassing another person or to promote conduct that is abusive or threatening;
● not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App (including content therein) and the Documentation 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 or the Documentation other than the right to use them in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Save as provided below, we accept no responsibility, nor shall we be liable for any consequences that are alleged to have occurred, through your use or misuse of the App.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
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.
When we are liable for damage to your property. Subject to the limits and exclusions below, if defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Our maximum liability to you. Our maximum aggregate liability to you under or in connection with these terms, whether by breaking these terms, failing to use reasonable care and skill or otherwise, will not exceed £100 (one hundred pounds sterling).
We are not liable for business losses. The App is for domestic and private use only. 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 does not offer advice on which you should rely. 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.Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.
Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the Appstore and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the support for the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us.
WE MAY END YOUR RIGHTS TO USE THE APP IF YOU BREAK THESE TERMS
We may end your rights to use the App at any time by contacting you if you have broken these terms in any way.
We may also end your rights to use the App if:
● we consider that you have used the App in a fraudulent manner or for illegal or improper purposes;
● we consider that you have used the App in an unfair manner, have deliberately cheated or taken unfair advantage of us or any of our other users or if your Account is being used for the benefit of a third party;
● we are required to do so to comply with applicable law, an order of a court or other regulatory authority.
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 in writing 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
Save as expressly stated in these terms, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
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 these terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay intaking 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 English law and you can bring legal proceedings in respect of these terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of these terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these terms in either the Northern Irish or the English courts.
DOWNLOAD KONNEKAPP MOBILE APP END USER LICENCE AGREEMENT V1.1