Terms and Conditions for the App
PLEASE READ THIS END USER AGREEMENT CAREFULLY BEFORE DOWNLOADING THE APP
This end-user license agreement (EULA) is a legal agreement between you (End-user or you) and Swap Once Limited (We) for Swap Once mobile application software (App).
We are registered in England and Wales under company number 8443045 and have our registered office at 15 Lowry House, Cassilis Road, London, E14 9LL.
We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by any provider or operator from whose site you downloaded the App (Appstore Rules). Note that we license, but do not sell, the App to you and we remain the owners of all rights in the App at all times.
Operating system requirements
This App is designed to operate on the latest Apple iPhone and Android devices. Before downloading however, ensure that the version of the App is compatible with your Device’s operating system.
- By downloading the App you agree to the terms of the license which will bind you.
- As a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading the App. Please note that you will lose the right to cancel the transaction once you begin to download the App.
- This does not affect your consumer rights if the app is defective.
- Using the App may mean you incur charges to third parties, e.g., to internet providers or mobile network operators for use of communications networks or for video storage.
- We cannot guarantee that the App will operate on future releases or updates of your Device's operating system.
We advise you to print a copy of this EULA for future reference.
1.1 The terms of this EULA apply to the App, including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App, the terms of an open-source license may override some of the terms of this EULA.
1.2 We may change these terms at any time by notifying you of a change when you next start the App and/or by posting the terms on our website. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App.
1.3 From time to time updates to the App may be issued through the App Store or similar provider. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.
1.4 You will be assumed either to be the owner, or to have obtained permission from the owner, of the mobile telephone or handheld device (Device) to which you download the App. You and/or they may be charged by your and/or their service providers for internet access on the Device. You accept responsibility in accordance with the terms of this EULA for the use of the App on or in relation to any Device, whether or not it is owned by you.
1.6 Certain features within the App will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use location services, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on your Device.
2 Grant and scope of license
2.2 You may download a copy of the App onto your Device and view, use and display it on the Device for your personal use only.
3 License restrictions
3.1 Except as expressly set out in this EULA or as permitted by any local law, you agree:
3.1.1 not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
3.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
3.1.3 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs or products;
3.1.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
(a) is used only for the purpose of achieving inter-operability of the App with another software program;
(b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(c) is not used to create any software that is substantially similar to the App;
together License Restrictions.
4 Acceptable use restrictions
4.1 You must not:
4.1.1 use the App for any commercial, business or resale purposes;
4.1.2 use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system;
4.1.3 infringe our intellectual property rights or those of any third party in relation to your use of the App, including the submission of any material (to the extent that such use is not licensed by this EULA);
4.1.4 transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
4.1.5 use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
together Acceptable Use Restrictions.
5 Intellectual property rights
5.1 You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in the App, other than the right to use it in accordance with the terms of this EULA.
5.2 You acknowledge that you have no right to have access to the App in source-code form.
6.1 We warrant that, when used on a Device which complies with the operating system requirements, the App will perform substantially in accordance with the functions described in the Appstore for a period of one month from the date on which you purchase it (Warranty Period).
6.2 If within the Warranty Period you notify us in writing and are able to demonstrate any defect or fault in the App as a result of which it fails to perform substantially in accordance with the warranty, you will be entitled to a refund of the price you paid for the App.
6.3 The warranty does not apply:
(a) if the defect or fault in the App results from your having amended the App;
(b) if the defect or fault in the App results from your having used it in contravention of the terms of this EULA;
(c) if you breach any of the License Restrictions or the Acceptable Use Restrictions.
6.4 This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7 Limitation of liability
7.1 The App is intended to be an aid to safety but we cannot guarantee its operation on any individual Device, nor are we responsible for the availability of any communications network, the availability or accuracy of any GPS location service or the availability or integrity on any Device of any video or audio storage facilities.
7.2 Internet and telephonic transmissions use communications networks which may not be private or secure. We are not responsible or liable for the security or integrity of any data you use or transmit in connection with your use of the App.
7.3 The App may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
7.4 We only supply the App for private use and we have no liability to you for any economic loss, loss of profit, loss of business, business interruption, or loss of business opportunity.
7.5 Our maximum aggregate liability under or in connection with this EULA, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the price you paid for the App. This does not apply to the types of loss set out in Condition 7.6.
7.6 Subject to the preceding sections of this condition 7, nothing shall limit or exclude our liability for:
7.6.1 death or personal injury resulting from our negligence;
7.6.2 fraud or fraudulent misrepresentation; and
7.6.3 any other liability that cannot be excluded or limited by English law.
8.1 We may terminate this EULA immediately and withdraw your access to the App:
8.1.1 if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
8.1.2 if you breach any of the License Restrictions or Acceptable Use Restrictions.
8.2 On termination for any reason all rights granted to you under this EULA shall cease.
9 Other important terms
9.1 We may transfer our rights and obligations under this EULA to another organization, but this will not affect your rights or our obligations under this EULA.
9.2 You may not transfer your rights or obligations under this EULA to any other person.
9.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
9.4 Each of the conditions of this EULA 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.
9.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction, unless you are a resident of Northern Ireland in which case you may also bring proceedings in Northern Ireland, or unless you are resident of Scotland, in which case you may also bring proceedings in Scotland.