This agreement is dated 11/11/2021
BY CLICKING ON THE ACCEPT BUTTON WHICH FOLLOWS THIS LICENCE AND/OR BY DOWNLOADING AND/OR USING THE MOBILE APPLICATION, YOU ARE INDICATING YOUR ACCEPTANCE OF THIS LICENCE AND THE LIMITED WARRANTY AND LIMITATION OF LIABILITY SET OUT HEREIN AND CREATING A LEGALLY BINDING AGREEMENT BETWEEN YOU (THE “USER”) AND URBANISER LIMITED OF 1, CHARTERHOUSE MEWS, LONDON, ENGLAND EC1M 6BB TOGETHER WITH ITS LICENSORS (THE “LICENSOR”). YOU ARE REPRESENTING THAT YOU ARE NOT A MINOR AND HAVE FULL LEGAL CAPACITY AND HAVE THE AUTHORITY TO BIND YOURSELF TO THE TERMS OF THIS AGREEMENT.
LICENCE REJECTION PROCEDURE: YOU SHOULD READ THIS LICENCE CAREFULLY BEFORE CLICKING THE "ACCEPT" OPTION. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD CLICK ON THE "DECLINE" BUTTON AND NOT USE THE MOBILE APPLICATION.
1. APPLICATION. The Urbaniser Mobile Application is an urban leisure application providing travellers with a personal space for collecting and organising all the locations they might want to visit in any city across the world and the ability to access and manage their picks in real-time, on a map, as they are out and about (“Application”). These terms apply to our performance, and your use, of the Application. In order to use the Application, you will need to register an account with the Licensor and provide certain details such as name, avatar, email and password. The Application will make use of location data sent from your mobile phone or handheld device, you can turn this functionality off at any time by turning off the location services settings for the Application on your device.
ANDROID DEVICES: If you are using the Application on an android device then you are subject to the terms of the relevant app store, the two largest being Google Play and Amazon Appstore for Android. In addition to the terms of this licence agreement you also agree to be bound by the relevant store standard user terms and program policies.
Google Play terms can be found at: https://play.google.com/intl/en_us/about/play-terms.html
and here; https://play.google.com/about/android-developer-policies.html.
Amazon Appstore for Android Terms of Use can be found at:
iOS DEVICES: If you are using the Application on an Apple device then you are subject to, and agree to be bound by the Apple App Store Terms and Conditions including but not limited to the Usage Rules set forth in Section 9.b. thereof.
2. SCOPE OF LICENCE. Any and all intellectual property in the Application belongs to and vests in the Licensor. This licence granted to you is limited to a personal, non-exclusive, non-transferable, non-sub-licensable, revocable, limited licence to run the Application on either an android or an iOS device that you own or control, solely for the purpose of performing those functions and tasks available to you as an end user of the Application who: (a) connects to a properly licensed version of the Urbaniser software; and (b) is using any device that you own or control and as permitted by the relevant operating system usage rules. This licence does not allow you to use the Application on any device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, loan, translate, merge, adapt, vary, sell, redistribute or sublicence the Application, nor are you permitted to make alterations or modifications to the whole or any part of the Application. You may not copy (except as expressly permitted by this licence and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, or in any way exploit any of the Licensors intellectual property, modify or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor shall you use the Application for any commercial purpose. Any attempt to do so is a violation of the rights of the Licensor. If you breach this restriction, you may be subject to prosecution and damages. You are not permitted to use the Application for any purpose other than as expressly permitted under these Terms and Conditions. You acknowledge that the Licensor may audit your use of the Application.
3. CONSENT TO USE OF DATA. You agree that Licensor may collect, store, process, maintain, upload, sync, transmit, share, disclose and use certain data and information, including but not limited to information or data regarding the characteristics or usage of your device, system and application software, and peripherals, as well as personal information, user location data and user content (collectively, “User Data”) to facilitate the provision of the services or functionality of the Application, including but not limited to authentication, performance optimization, software updates, product support and other services to you related to the Application or to otherwise improve Licensor’s ability to provide other services (if any) to you related to the Application. You acknowledge that use of the Application may result in User Data being transmitted or disclosed to or accessed by Licensor. Without limiting the foregoing, you acknowledge that: (a) information regarding the hardware model and the operating system version of the device on which you are running the Application may be collected, transmitted to and stored on a database server, may be transmitted to Licensor and may be used to make changes, updates or improvements to or optimize the performance of the Application or to otherwise inform future development; and (b) audit logs reflecting your logins, logouts and the activities you have accessed through your use of the Application may be generated in connection with your use of the Application. Your User Data may also be made available to Licensor for troubleshooting and/or marketing and you agree that we can send you messages through the Application or via email using the details you provided to us when you registered for an account. Licensor will maintain certain data that you transmit to the Application for the purpose of managing the Application, as well as data relating to your use of the Application. Although Licensor perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Application. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Licensor arising from any such loss or corruption of such data. Notwithstanding the foregoing, our collection, control and processing of User Date that is also personal data will be undertaken in strict compliance with our Privacy Policy that you can review here. BY CLICKING THE “ACCEPT” BUTTON, YOU EXPRESSLY CONSENT TO THE FOREGOING COLLECTION, STORAGE, PROCESSING, MAINTENANCE, UPLOADING, SYNCING, TRANSMITTING, SHARING, OR DISCLOSURE OF USER DATA.
4. CHANGES AND UPDATES. Licensor may revise the information in the Application, or otherwise change or update the Application including these Terms and Conditions, without notice to you. Depending on the update, you may not be able to use the Application until you have downloaded or streamed the latest version and accepted any new terms. Licensor may also make improvements and/or changes in services and functionalities or add new features at any time without notice. We encourage you to periodically read these Terms and Conditions to see if there have been any changes to our policies that may affect you. Your continued use of this Application will signify your continued agreement to these Terms and Conditions as they may be revised.
5. LINKS TO THIRD PARTY APPLICATIONS. The Application provides links to other websites, applications, or content that are not owned or controlled by the Licensor, ("Third Party Providers"). These links are intended to connect you easily to additional sources of information or third party services that may be of interest to you. We may not have any business relationship with the Third Party Provider that controls this type of content and such links are offered only as a convenience to you. Licensor is not liable or responsible for the content, or for any materials, products or services or for security or the privacy practices of Third Party Providers. Please review the privacy statement and any terms of use of each Third Party Providers you use and ensure that any complaints, claims, concerns or questions regarding Third Party Providers is directed to the third party and not to the Licensor. Unless we specifically advise you otherwise, links to Third Party Providers do not constitute or imply endorsement by the Licensor of those sites, the information they contain or any products or services they describe. Licensor does not receive payment or other remuneration in exchange for you linking to or using any information provided by a Third Party Provider.
6. PASSWORDS. Licensor has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to the Application password or account. It is your sole responsibility to (a) control the disclosure and use of your activation codes and password; (b) authorize, monitor, and control access to and use of the Application account and password; and (c) promptly inform the Licensor of any need to deactivate a password.
7. SECURITY AND CONFIDENTIALITY. We afford the same degree of confidentiality to information stored on the Application as is given to information stored by Licensor in any other medium. Licensor is committed to protecting the confidentiality of your information. We limit our employees’ access and ability to enter or view information based upon their role. Any information that is also personal data will be protected and handled in accordance with our Privacy Policy that you may review here.
8. DISCLAIMER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION AND YOUR RELIANCE ON THE OPERATION, OUTPUT OR RESULTS OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATIFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION (THE “APPLICATION SERVICES”) ARE PROVIDED “AS IS” AND “AS “AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REPSECT TO THE APPLICATION AND ANY APPLICATION SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR APPLICATION SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR APPLICATION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR APPLICATION SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, OR ITS AUTHORIZED REPRESENTATIVE, SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR APPLICATION SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISCTIIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION. LICENSOR SHALL HAVE NO OBLIGATION TO ADDRESS ANY OF YOUR CLAIMS OR CLAIMS OF ANY THIRD PARTY RELATING TO THE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE APPLICATION, INCLUDING BUT NOT LIMITED TO (A) PRODUCT LIABILITY CLAIMS; (B) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; OR (C) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
9. LIMITATION ON LIABILITY. BOTH PARTIES ACCEPT UNLIMITED LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; OR FRAUD OR FRAUDULENT MISREPRESENTATION; OR ANY OTHER ACT OR OMISSION FOR WHICH LIABILITY CANNOT BE LIMITED BY LAW. LICENSOR, ITS AFFILIATES, AND SUPPLIERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST OR CORRUPT DATA, OR BUSINESS OR APPLICATION INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE APPLICATION, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE APPLICATION, AND/OR ANY THIRD PARTY WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS APPLICATION, APPLICATION SERVICES, AND/OR THIRD PARTY WEB SITES IS TO STOP USING THE APPLICATION AND/OR THOSE SERVICES.
10. PROHIBITED ACTIVITY. You agree that you will not upload or transmit any communications or content of any type (including secure messaging) that infringe upon, misappropriate or violate any rights, including intellectual property rights, of any party. In consideration of being allowed to use the Application, you agree that the following actions shall constitute a material breach of these Terms and Conditions: (a) signing on as or pretending to be another person; (b) using secure messaging for any purpose in violation of local, state, national, international laws or posted Licensor policies; (c) transmitting material that infringes or violates the intellectual property rights of others or the privacy or publicity rights of others; (d) transmitting material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including Licensor personnel) or entity as determined by Licensor in its sole discretion; (e) using interactive services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; (f) collecting information about others, including e-mail addresses; (g) intentionally distributing viruses or other harmful computer code; and (i) Licensor expressly reserves the right, in its sole discretion, to terminate a User's access to the Application due to any act delineated above, or any act that would constitute a violation of these Terms and Conditions. If You are not in the UK, the Licensor has no knowledge of, and no responsibility for, the laws in Your country. You are responsible for downloading an Application which You are lawfully able to import into Your country.
11. TERMINATION. These Terms and Conditions are effective until terminated by you or Licensor. The Licensor may terminate or suspend your use of the Application at any time, for any reason without notice or obligation to you. You may cancel your account at any time, however cancellation of your account means that you will not be able to use the Application unless you open another account. Your rights under these Terms and Conditions will terminate automatically without notice from Licensor if you fail to comply with any of these Terms and Conditions. Upon termination, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application.
12. COPYRIGHTS. Except as otherwise indicated, all content on the Application, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of Licensor or its licensors and is protected by UK and international copyright laws. Licensor allows you to view or download a single copy of the material on the Application solely for your personal, non-commercial use. The compilation of all content on the Application is the exclusive property of Licensor or its licensors and is protected by UK and international copyright laws. Unless specifically authorized in writing by Licensor, any use of these materials, or of any materials contributed to the Application by entities other than Licensor, on any other Web site or networked computer environment for any purpose is prohibited.
13. TRADEMARKS AND SERVICE MARKS. Other proprietary marks of Licensor or third parties may be designated as such from time to time on the Application through use of the TM, SM, or ® symbols. Application Users are not authorized to make any use of the Marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by Licensor or the applicable third party.
14. EXPORT RESTRICTIONS. You may not use or otherwise export or re-export the Application except as authorized by the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any embargoed countries or (b) to anyone on a Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Application for any purpose prohibited by the laws of England and Wales.
15. THIRD PARTY BENEFICIARY. You acknowledge and agree that Apple and/or the android app store (as appropriate) and their subsidiaries are third party beneficiaries to these Terms and Conditions and that upon your acceptance of these Terms and Conditions, Apple and/or the android app store will have the right (and will deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
16. Privacy Policy. Licensor cares about data privacy and security. Please review our Privacy Policy [CLICK HERE]. By using the Application, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Application is hosted in The United Kingdom. If you access the Application from the European Economic Area (“EEA”), the United States of America, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Application or Services, you are transferring your data to The United Kingdom, and you expressly consent to have your data transferred to and processed in The United Kingdom, provided that the processing is done in accordance with our Privacy Policy. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, if we receive actual knowledge that anyone under the age of 16 has provided personal information to Licensor without the requisite and verifiable parental consent, we will delete that information from the Application as quickly as is reasonably practical.
17. GENERAL. Each of the paragraphs of this agreement 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. Neither your, nor our, failure to exercise or enforce any right or provision of these Terms shall be deemed a waiver of such right or provision. These Terms (and your use of the Application) is governed and interpreted in accordance with the laws of England and Wales we both agree to submit any disputes arising out of or in connection with this agreement and from your use of the Application to the exclusive jurisdiction of the English courts in London.
18. CONTACT. If you have any questions or complaints about these terms and conditions, please send us a message via our contact form, by email to hello@urbaniserapp.com or write to us at the address below: 1 Charterhouse Mews, London, England EC1M 6BB.