Bright Mobile Application’s Terms Of Service

10/05/2016

Bright Mobile Application’s Terms Of Service

Thank you for downloading and using Bright Mobile’s application. We undertake to deliver the best possible service to you. Before getting started, you must read and agree to the following Terms of Service.

Any questions about these Terms of Service, the application, assistance or if you just want to talk to us, please contact us at apps@brightmobileapps.co.uk or via post DS107, Dartington Space, Dartington Hall Estate, Dartington, Devon TQ96EN.

By booking and paying for any services or purchasing products through the application, you are entering into a contract directly with our business partner, not with Bright Mobile Apps Ltd. Our application facilitates you to enter these contracts and pay our business partner for your purchases. Bright Mobile Apps are not accountable for the provision of the services or products you may order. You should read the business partner’s terms and conditions carefully, along with any terms regarding payments and cancellations before purchasing goods or services through our app.

About Bright Mobile Applications

The application you have downloaded for use is administered by Bright Mobile Apps Ltd. We are a limited company registered in England and Wales under the number 09868529

the registered office is at 37 SHIPHAY LANE, TORQUAY,DEVON,UNITED KINGDOM,TQ2 7DU

  • “We”, “Our” or “Us” means Bright Mobile Apps Ltd.
  • We are not accountable for the delivery or provision of any actual service or product that you may book, purchase or inquire about using our apps. The business which you book, enquire or purchase goods or services from agrees to deliver these to you in conformance with their own terms and conditions which should be read and agreed to at that time.

Accepting Our Terms of Service

In downloading or using our application, you agree and accept to abide by these Terms of Service, a copy of which should be kept for your records.

  • These Terms of Service may be changed or updated at any time by us. Notice of changes will be publicised at the top of this page with the date that any amendments took effect. The most current version of our Terms of Service can be reviewed by clicking the link at the bottom of our website. The current version of our Terms of Service will replace all previous versions and continued use of the applications after changes have been made and notified as detailed above indicate you agree to abide by all such changes.
  • Cessation of application use will terminate these Terms of Service and can be enacted at any time without prior notice to us.

Privacy and Data Collection

  • All and any information submitted by you or collected by us when our application is in use will be subject to the terms of our Privacy Policy, the terms of which are included in these Terms of Service.

Limitations of Use

  • You must be 18 years or older to download and use this application, or if less than 18 years of age, you must have the authority of your parent or guardian, furthermore, use of this application if under the age of 18 years must only be under the supervision of your parent or guardian. If you are unable to meet these requirements, please do not download this application.

Your Conduct

  • By downloading and using our application, you agree not to upload, post, email or otherwise distribute any material that holds or transmits viruses, other computer code, files or programs built to disrupt, destroy or limit the functionality of any device’s software, hardware or telecommunications equipment associated with our applications.
  • You also agree to never:
    • Tamper with networks or servers associated with the application or breach any policies, procedures or regulations associated with networks connected to the application;
    • Impersonate any other person while using the application;
    • Display vulgar, offensive, harassing or objectionable behaviour while using the application;
    • Resell, sublicense or export software associated with the application;
    • Use the application for unlawful ends;
    • Create links to the application; or
    • Use or submit material or content on the application that transgresses the intellectual property rights of any third party.
  • We do not recommend, promote or condone the use of the application during activities such as operating heavy machinery or driving as there is a significant risk of accident and harm to yourself and others. You agree not to use the application during these and similar activities.

Intellectual Property

  • The application is provided for your own personal, non-commercial use only. We grant you with a limited license for this purpose. This means you may not sell, export, license, modify, copy, reverse engineer, transmit or distribute the application without our express, written permission provided prior to any of these activities (except as permitted by law).
  • You have no rights to any intellectual property associated with the application excepting those set out expressly in these Terms of Service. All intellectual property associated with the application and the content, graphics, logos, icons and service names within the application belong or are licensed to, us.
  • We and/or our licensors own the application including without limitation any software, domains and content made available via the application. The application is protected by international, UK and other copyright and intellectual property laws.

Electronic Communications

  • It is possible to receive notifications in the application. These can be stopped or their frequency changed at any time via the application’s functionality.
  • We may send emails or texts from time to time to advise you of similar services to the application you have downloaded or are using subject to the terms of our Privacy Policy. These communications can be opted out of as detailed in the Privacy Policy.

Our Rights and Responsibilities

  • We may change, modify, update, amend or remove some or all of the application at any time.
  • We may pause or terminate your access to the application for any reason at any time.
  • You concede we are free to use any information, ideas or comments communicated to us in any way without providing compensation, payment or acknowledgement to you whatsoever for any purpose we see fit, including but not limited to further development, manufacturing, marketing, creating, modifying or improving the application, other products, services or future creations.

Liability

  • Our business partners provide us with the information you access via our application. Whilst we ask for them to ensure the information provided is current and accurate, we cannot guarantee this is always the case. We are not liable for any service or product provided by our business partners, including delivery, availability, performance, or quality, which you may order via our application.
  • Industry standards and process are followed to ensure the application is available to you at all times, however, due to maintenance or other factors outside of our control such as internet availability this may not always be possible.
  • We use recognised and approved methods and techniques to prevent the introduction of viruses and malware that can harm the application or device used to access the platform, however, we cannot guarantee the application will be completely free from viruses or malware.
  • We do not guarantee that the application is compatible with all hardware and software used by you.
  • These Terms of Service do not affect your statutory rights granted by law except if these are inconsistent with each other. In this case, our Terms of Service invalidate any other rights you may have unless this is not permitted by law.
  • Other than as detailed above, the application is provided to you ‘as is’ excepting warranties that must apply by law.
  • Our Terms of Service do not exclude or limit our liability (if any) for:
    • Any matter which it would be illegal for us to exclude or attempt to exclude our liability;
    • Death or personal injury caused by our negligence;
    • Fraud; or
    • Fraudulent misrepresentation
  • We are only liable for losses suffered by you as a direct result of our breach of these Terms of Service and are reasonably foreseeable. We are not liable for any other losses to you or your business, including but not limited to profits, contracts, goodwill or opportunity.

Charges

  • Our application is currently provided to you without charge. However, charges associated with the use of our application such as charges imposed by your wireless or other applicable carrier are payable by you and your sole responsibility. The application may not be accessible in some countries outside of the UK, this is reliant on the application being supported by foreign networks. You should check with the local carrier if additional charges will be incurred for such access. The ability to download or access the application may be impaired or restricted when roaming networks outside of the UK.
  • When products or services are ordered via the application, you may have to pay a fee to the business partner who provides said products or services. You will commence a contract directly with the business partner for those products or services. We provide functionality through our application for you to pay for products and services but are not responsible in any way for issues that may arise from those payments.

Third Party Content

  • Our application may contain links to third-party content, websites, or programs that are not controlled by us. We are in no way responsible for the content, offers, terms and conditions, policies or privacy conditions of such sites and programs. Your dealings with third party sites are solely between you and the relevant third party, we advise their terms and conditions, policies for use and terms of service are read and agreed to before commencing to use them.

Disputes

  • Any claim or dispute between you or us arising from or relating to these Terms of Service, and the Terms of Service and the use of the application shall be governed by the laws of England and Wales.
  • The English courts will have non-exclusive jurisdiction over any claim relating to or arising from the use of the application and/or these Terms of Service.

Other

  • Our failure to enforce any provision of these Terms of Service does not indicate a waiver of our rights.
  • These Terms of Service provide the foundation for the complete understanding and agreement between us and you relating to the use of the application.
  • The Terms of Service detail the rights of you and us only, no other individual shall have any rights under these Terms of Service.
  • Your rights under these Terms of Service may not be transferred to any other individual.
  • We are able to transfer any or all of our rights under these Terms of Service to any individual or ask any individual to fulfil any aspect of them as long as the performance of the Terms of Service is not affected.
  • If you are a consumer, your statutory rights remain unaffected by these Terms of Service.
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