Terms & Conditions - Android
Thank you for considering the use of our services. This document forms the contractual arrangement between us, which comes into force when you complete your registration.
TERMS AND CONDITIONS OF USE
The information below tells you how you may use services provided by Icecaller Limited for your own personal, non-commercial use. Please read these terms and conditions (the “Terms”) carefully before using Icecaller Limited’s services.
Please note that Icecaller Limited updates these Terms from time to time so please review them regularly. These terms were last updated on 2nd April 2016.
ABOUT THESE TERMS AND CONDITIONS
What do these Terms cover?
These Terms set out important information regarding your rights and obligations, and the restrictions that may apply, when you:
- use any of our services: for these purposes, our services include (but are not limited to) the provision of online content, online social media and/or interactive applications, audio visual content, text, photographs, advertising, App and any similar service that we currently provide or make available in the future;
- access our platform or devices (the “Platforms”): our Platforms include (but are not limited to) the internet (including but not limited to the website (www.grdian.co.uk) and all its sub-domains (the “Website”)); other media platforms and software applications (which, for example, may enable you to view and use our content and/or services over a mobile or Wi-Fi network); other portable or non-portable communication or other electronic device; and any similar platforms that we currently provide or make available in the future,(together referred to as “Services”);
- subscribe to use additional services delivered via the Platforms (the «Subscription Services», being part of the Services).
Our references below to the Services should be taken as including the Subscription Services unless we state to the contrary. However, the Services do not include services provided by third parties with whom you contract independently via the Services.
Who uses and who provides the Services?
References to “you” or “your” mean you as a user of the Services. References to “we”, “us”, “our” or “grdian” are to the provider of the Service, which is Icecaller Limited, a company registered in England & Wales with registered office at Suite 1.3, 20 Market Street, Altrincham, Cheshire, WA14 1PF Company No. 09890767. If you have any questions, queries or complaints about these Terms or the Services, please contact us at email: firstname.lastname@example.org or postal address of the registered office.
If you download an app from Google’s Google Play, you are forming a contract not with Google but with us. Google will not provide support for your App and you should contact us, not Google, concerning any problems you have through the facilities we provide for that purpose. However, if you are unhappy with the quality of the App, you can express your discontent to Google through either system and, if appropriate, obtain a refund of any payments you’ve made for or through the App concerned.
Why should you read these Terms?
Will these Terms change?
Please note that we may update and amend these Terms from time to time and the current version of these terms will be posted on the Website. We will endeavor to notify you when we post the new terms. The version of these Terms that is current at the time you use the Services will apply to your use of those Services. It is your responsibility to ensure you review these Terms regularly to familiarize yourself with any changes. Your use of the Services following any such changes will constitute your acceptance of the revised Terms.
Will any other Terms and Conditions apply to use of the Services?
In addition to these Terms, the following terms and conditions may also apply to your use of the Services:
Icecaller Limited Service-specific Terms: You may be asked to agree to additional terms and conditions (“Additional Terms and Conditions”) when using specific Services, for example, before entering competitions or prize draws promoted by us or our partners, submitting materials, subscriptions or purchasing goods via the Services, or using any of our applications which may be available. If there is any inconsistency between these Terms and any such Additional Terms and Conditions, the Additional Terms and Conditions will prevail to the extent of such inconsistency.
Third Party Terms: Please also see the section below entitled “Third party content and services” regarding certain pages and services that are provided on our Website or via the Services and which are managed, hosted, delivered and/or operated by a third party.
RESPONSIBILITY FOR THE AVAILABILITY AND CONTENT OF SERVICES
Who is responsible for the availability and content of the Services?
Save for the Subscription Services, the Services are made available to you by Icecaller Limited at our sole and absolute discretion and we may modify or withdraw those Services, or the period during which they are available, at any time at our sole and absolute discretion. We may do this without notice to you. We have absolute editorial control over the Services (including all the material and/or content made available via a Platform and/or the Services) at all times.
We deliver the Subscription Services to you on a rolling basis. You will pay for the Subscription Services at periodic intervals (monthly or annually, as may be appropriate) and we are obliged to deliver the Subscription Services to you during the period of time that you have paid for, subject to our right to terminate under these terms and conditions or the interruption of those Subscription Services by events beyond our reasonable control.
We will cease delivery of the Subscription Services at the end of the period for which you have subscribed unless you have renewed your subscription. We will attempt to notify you of the approaching expiry of your subscription but we will not be liable if you fail to receive that notification or if you do receive the notification but choose to ignore it.
WHO CAN USE OUR SERVICES
Who can use our Services?
If you are 18 years of age or over and you are capable of entering into contracts for yourself, you may use our Services including the Subscription Services.
Can children and under-18s use the Services?
If you are under 18 years old:
- you must have your parent’s or guardian’s permission before using our Services; and
- you must read these Terms with your parent or guardian to make sure you and your parent or guardian understands and agrees to these Terms; and
- your parent or guardian must agree to these Terms on your behalf before you use our Services.
Is the content of the Services suitable for children?
By being 18 years of age or older and by accessing and continuing to use the Services, you accept responsibility for reviewing such guidance and information and, where you allow anyone under the age of 18 to access the Services, for ensuring that the Services are suitable for them.
Should you wish your child to make use of ‘grdian’, you are responsible for ensuring that s/he is capable of understanding how to respond to an alert generated mistakenly by the app. If you choose to make use of ‘grdian’ on your child’s behalf, you are responsible for ensuring that the information forwarded to the emergency services is correct and up to date and you understand that we cannot guarantee the successful transmission of this information to the first responders.
YOUR RIGHTS AND OBLIGATIONS WHEN USING THE SERVICES
What must you comply with to use the Services?
You may use the Services only if you comply with these Terms, any other applicable terms (including but not limited to our Privacy Cookie and any applicable Additional Terms and Conditions and/or any specific usage rules that may be posted in relation to any material and content that you access via the Services and/or any third party terms) and with all applicable laws. Likewise, you may use services delivered by third parties only if you comply with the terms and conditions applicable to the delivery of those services by those third parties.
What are your obligations?
By accessing any part of the Services (including any material or content made available by Icecaller Limited via the Services), you agree that you will only use such Services:
- for your own personal, non-commercial use;
- for lawful purposes; and
- in a manner that does not infringe the rights (e.g. copyright) of, or restrict or inhibit the use and enjoyment of the Services by, any third party. You understand and accept that the hardware you use to access our Services may require certain software in order for the Services to work correctly and it is your sole responsibility to ensure that you have the required software before accessing those Services. In order to use the Services, you may be required to obtain certain updates and/or upgrades to your hardware. You are solely responsible for any costs and/or fees associated with any such updates/upgrades to any hardware or software.
You agree to indemnify us in respect of any damages or losses suffered by us as a result of any claim made or action taken by a third party relating to (i) your use of the Services, (ii) your use of the Services in breach of these Terms (or any other applicable terms), or (ii) your violation of any applicable law or regulation when using the Services.
RESTRICTIONS ON USING OUR SERVICES
What are the restrictions on using our Services?
By accessing any part of the Services (including any material or content made available by Icecaller Limited via the Services), you agree that you will not:
- use such Services to reverse engineer, de-compile, disassemble, copy, reproduce, communicate and/or make available to the public, republish, download, post, record, broadcast or transmit or use in any other way the Services (or any part thereof including but not limited to any content or software code) except as permitted by us;
- use such Services in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person;
- use such Services in any way to infringe the privacy or other rights of other users of the Services or to post material that is offensive, obscene, abusive, libelous, false, misleading, illegal, immoral or otherwise unlawful;
- charge (whether directly or indirectly) others to use all or any part of the Services
- commercialize or attempt to commercialize all or any part of the Services;
- permit or assist in any way any third party to use the material or content made available by Icecaller Limited via the Services in an unlawful manner or in a manner that could infringe the rights of, or restrict or inhibit the use and enjoyment of the Services by, any third party;
- utilize ‘plugins’ or any application(s), software or associated tool(s) which change the content of the Services;
- do anything that may cause damage to the Services or our servers, systems or equipment or those of third parties, nor access or attempt to access any users’ data;
- do anything that subjects the Services or Icecaller Limited to any derogatory treatment or brings (or might bring) the Services or Icecaller Limited into disrepute;
- misuse or do anything that disrupts all or any part of the Services, including but not limited to knowingly introducing software viruses, trojans, worms or other material that may be technologically harmful;
- penetrate, remove or otherwise alter or interfere with any security measures that we use to protect the material and content made available via our Services, or attempt to do so or assist any other person in doing or attempting to do so; or
- state, suggest or in any way give the impression that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make to any of our Services
Do you need to register to use the Services?
You may be required to register your details for certain Services. You are responsible for all activity that occurs in relation to your subscription. You should notify us immediately of any unauthorized use of the services provided to you by Icecaller Limited and any breach of security as soon as you become aware of it.
If your account is hacked, we will not be responsible for any damage that you suffer, so please do your best to keep your registration details secure.
ICECALLER LIMITED’S RIGHTS, OBLIGATIONS AND LIMITS ON LIABILITY
What are our rights in relation to your use of the Services?
We reserve the right to suspend, restrict or terminate your access to all or any part of the Services with or without notice at any time at our sole and absolute discretion.
We may also permanently ban or temporarily suspend you from using the Services if you do not comply with these Terms or any other applicable terms, at our sole and absolute discretion.
What are our obligations and limits on liability?
We will use reasonable endeavors to deliver the Subscription Services as described in the Website from time to time. All other Services are provided on an ‘as is’ and ‘as available’ basis.
Icecaller Limited is to provide the services associated with ‘grdian’ in limited areas and is entirely reliant upon the data services as provided to you by your mobile phone network provider and the associated credit within your mobile phone account in order to use data services and enable a call for the duration of time needed to provide these services. We will attempt to notify you in the event that you use our Services outside of such areas but such notifications are dependent upon many factors that are beyond our control and we will not be liable to you in the event that you fail to receive such a notification.
We cannot promise that our Services will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition, or free from viruses or other harmful components. Not all of the features and functionality of the Services will be available on all devices. We make no guarantee that all or any features of the Services will work on any particular device. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them.
The Services may be suspended temporarily and without notice for any reason including without limitation in the case of system failure, maintenance or repair or due to events reasonably beyond our control. Except as set out in the “Is payment required to use our Services” section below, we will not be liable to you or to any other person in the event that all or any part of the Services is unavailable, discontinued, modified or changed in any way.
Where you are required to obtain certain updates and/or upgrades to your hardware or software in order to use the Services, you are solely responsible for any costs and/or fees associated with any such updates/upgrades and we make no guarantees in respect of the compatibility of your hardware or software with the Services and/or any updates/upgrades.
In addition to other specific exclusions of liability set out in these Terms, we do not accept any liability for:
- any damage or loss caused to you while using our Services in breach of these Terms, including but not limited to where you are using our Services for purposes other than your own personal, non-commercial use;
- any damage to your device or any software;
- any loss of data that results from your use of the Services;
- any loss of income, revenue, business, profits or contracts that results from any alleged failure of the Services;
- any failure, suspension and/or termination of access to the Services and/or any content in connection with or arising out of an event which is outside our reasonable control (including but not limited to strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents);
- any claims brought against you by a third party except as stated in these Terms; and/or
- any damage or loss caused to you where such damage or loss (i) is not reasonably foreseeable to you and us when you use the Services or (ii) is reasonably foreseeable to you and us but is only indirectly related to your use of the Services; in both cases including where the damage or loss results from our breach of these Terms.
Any content or other materials included in the Services do not, and are not intended to, amount to advice on which you should rely. Consequently we do not accept any responsibility or liability for any actions or omissions that you may take in reliance on such content or materials.
If you make use of the ‘grdian’ functionality within an app, we will use our best endeavours to contact the emergency services on your behalf via our dedicated call center partner however you should not rely on our ability to do so as there are a number of variables that can interfere with the ‘grdian’ function, such as damage to your device, network coverage or failure, or such like. Please also be aware that the ‘grdian’ function makes use of an algorithm that takes into account a number of factors and although we have subjected the algorithm to extensive testing, we cannot warrant that it will work perfectly in absolutely every circumstance. Wherever possible, please make sure you have other arrangements in place, such as sharing your route and making others aware of where you should be at any given time.
Nothing in these Terms will:
- restrict your statutory rights as a consumer (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen’s Advice Bureau); or
- limit our liability for death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation or fraud or any other liability which cannot be excluded or limited under applicable law.
CREATIVE CONTENT AND INTELLECTUAL PROPERTY RIGHTS
Who owns the intellectual property in the Services?
All copyright, trademarks, design rights, patents and other intellectual property rights (whether registered or unregistered) in the Services and all material or content made available by Icecaller Limited via the Services (excluding any User Generated Content (see below)) are and will remain at all times the property of Icecaller(or Icecaller Limited’s licensors or third parties, as applicable).
Who can use the intellectual property in the Services?
The names, images and logos identifying us, our partners or third parties and our/their products and services contained in the Services are proprietary marks and may not be reproduced or otherwise used without our express permission.
Nothing contained in these Terms grants you a license or a right to use any copyright, trademarks, design rights, patents or other intellectual property right owned or controlled by Icecaller Limited, its licensors or any third party, except to the limited extent necessary to receive the Services.
Can the content of the Services be copied?
You may not copy all or any part of any materials or content made available by Icecaller Limited via the Services except to the extent permitted in these Terms, or expressly by us, or at law.
OTHER IMPORTANT POINTS TO NOTE ABOUT OUR SERVICES
Are my details kept safe?
We use security measures to keep details you have provided to us safe but we recommend that you never use the Services to reveal to others any personal information about yourself or anyone else (for example: telephone number, home address or email address) unless you are absolutely certain that the recipient of such information can be trusted. You are entirely responsible for maintaining the confidentiality of your details when using our Services.
Please make sure that you switch ‘grdian’ off in the event that you lend your device to another. If you do not and they are involved in an accident, the potential transmission to the emergency services of any of your medical information could be extremely hazardous to and possibly fatal for that person.
Is payment required to use the Services?
We require payment as a condition of the provision of the Subscription Services. We will not commence the provision of the Subscription Services until you have indicated your agreement to payment of the required charge or charges.
Nothing on our Platforms constitutes a formal offer to provide the Subscription Services. We may at any time decide not to provide the Subscription Services at all or we may change the basis on which we are willing to provide the Subscription Services. All items are subject to availability. Any prices displayed are subject to change at any time unless we specifically state that they will apply for a particular length of time. Except if there has been an error, the price will be as stated on the Services and will include VAT. We try to make sure our prices are accurate but if there has been an error we will usually reject your order and let you know that we have done so. We will not change the price of any Subscription Services after we have confirmed your order for the relevant Subscription Services. Payment methods are as specified on the relevant Services. If you provide us with credit or debit card details, you confirm that you are authorized to use that card.
Your order is your request to purchase the Subscription Services. By submitting a request to purchase our Subscription Services you will be submitting an offer to contract and we will only be deemed to have accepted your offer (and so create a legally binding contract between you and us) if we send you confirmation or if we start to provide the Subscription Services (for instance by commencing a download of digital content).
Because of the nature of certain Services, the provision of the Subscription Services may commence immediately or shortly after you have placed your order. This will, for example (but not if we specifically state otherwise), be the case where the Subscription Services consist of providing downloads of digital content to you or allowing you to access our content (even if you do not in fact access or use that content). Consequently you acknowledge and agree that, where the provision of the Subscription Services commences upon order confirmation, you will have no right to cancel your purchase (including without limitation under the Consumer Protection (Distance Selling) Regulations 2000). Furthermore you agree that, following confirmation of your order, your purchase is final, non-exchangeable and non-refundable. If the Subscription Services that you have ordered are unsatisfactory, please contact us within a reasonable time of the commencement of the delivery of the Subscription Services in question so that we can investigate and if appropriate make changes to the Services or arrange or refund (at our sole discretion). If you fail to notify us within a reasonable time, we will have no liability to you.
If the Subscription Service that you are purchasing involves the download of a specific piece of content (for example an App) and, following confirmation of your order by us that content becomes unavailable or the completion of the download is unsuccessful as a result of our technological failure, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by us. You agree that you will have no remedy against us if the download does not successfully complete as a result of any factors outside of our reasonable control (including without limitation any technological failure of the device that you are using to download the content).
Can you link to our Website?
You may link your website to the home page of our Website, provided that you own that website and that you do so in a way that is fair, legal and does not take advantage of or damage our reputation and any such link is for non-commercial purposes. Any such link must not, suggest or in any way give the impression that you have any commercial relationship with us, or that we have approved or endorsed such link. You may not create a link to any part of our Website other than the home page. We reserve the right to withdraw permission to link to the home page of our Website at any time without notice at our sole and absolute discretion. You may not «deep-link» to pages beyond the home page without our express permission.
Can you frame our Website?
You may not frame our Website on other website without our express permission.
THIRD PARTY CONTENT AND SERVICES
Do third parties provide content and services on our Platforms?
Please note that certain pages and services may be hosted, managed, delivered and operated by a third party. Where this is the case your use of those services will be the subject of terms and conditions with the third party in question and your contract in respect of the delivery of those Services will be with that third party.
OTHER GENERAL TERMS THAT APPLY
Where are these Terms available?
These Terms are available on the Website. We will not file or store a copy of these Terms for each interaction or transaction by you via the Website or the Services. We therefore recommend that you print and store or save a copy of these Terms for future reference.
Can you transfer your rights under these Terms?
You may not assign, sub-license or otherwise transfer any of your rights or obligations set out in these Terms to any other person.
Can a third party enforce these Terms?
These terms do not create any rights that are enforceable by any person who is not a party to these Terms. However, in registering to become a user of our Services, you also accept the terms and conditions applicable to services delivered by third parties, details of which you can find below.
What happens if we do not enforce a right under these Terms against you?
If we decide not to exercise or enforce a right that we have against you (e.g. as a result of you breaching these Terms), this does not prevent us from doing so at a later date.
What happens if part of these Terms is not enforceable?
If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms and they will remain in full force and effect.
What happens if there is a dispute about these Terms?
These Terms are available in English only and are governed by and construed in accordance with the laws of England (or the laws of Scotland if you are domiciled there). Disputes arising in connection with these Terms are subject to the exclusive jurisdiction of the courts of England and Wales.
DETAILS OF WHOM TO CONTACT
You can email us with any questions, queries or complaints at: email@example.com