The Agreements are legally binding and set out the terms and conditions upon which you may access and use the service via our web application: http://www.theappzone.co.uk (the “Web App”).
YOU MAY ACCESS THE SERVICE AFTER SUBSCRIPTION AND PAYMENT OF THE SUBSCRIPTION FEE AND UNTIL YOU UNSUBSCRIBE USING ANY OF THE FOLLOWING WAYS: A) BY CLICKING ON A LINK IN THE FOOTER OF WEB APP AND FOLLOWING THE INSTRUCTIONS TO “UNSUBSCRIBE” OR B) BY SENDING AN SMS WITH THE WORDS “STOP APPZONE” TO 60201 AFTER SUBSCRIPTION OR C) BY CONTACTING OUR CUSTOMER CARE TEAM USING THE CONTACT DETAILS NOTED AT THE BOTTOM OF THIS AGREEMENT.
THE SERVICE IS AVAILABLE AS A MOBILE CONTENT SUBSCRIPTION SERVICE. THE 24HRS ARE FREE, AFTER THE FREE PERIOD YOU WILL BE CHARGED £4.50 PER WEEK SUBSCRIPTION FEE (“Fee”), DEPENDING ON THE EXISTING CAMPAIGN AT TIME OF JOINING AND THE MOBILE NETWORK OPERATOR. THE FEE WILL BE CHARGED TO YOUR ACCOUNT WITH THE MOBILE NETWORK OPERATOR (MNO) OR DEDUCTED FROM YOUR PREPAID ACCOUNT.
Call our helpline without hesitation should you have any questions regarding any aspect of our service (please scroll down to the bottom of the Agreement to the section titled Customer Service).
YOU ACCEPT THAT YOU HAVE BEEN GIVEN AN OPPORTUNITY TO READ AND ACCEPT THIS AGREEMENT BEFORE USING THE APP.
If you are under 18 (eighteen) you should cease using the Web App and exit immediately. Please note that in some jurisdictions there are obligatory provisions in the consumer legislation that may be relevant to service provided under this Agreement.
1.1Buongiorno UK Limited, trading as “The App Zone”, a limited liability company registered in England and Wales, whose registered office address is at: Kemp house 152-160, city road, London, EC1V 2NX, under company number 04101267 (the “Company”). The Company provides you with a vast amount of mobile content including the latest gossip, games and music (the “Content”) for a flat weekly subscription Fee on your supported mobile device accessed via the Web App (the “Service”).
In this Agreement references to “we”, “us”, “our” and any similar expression shall include the Company and any of its affiliates. This Agreement is to be entered into between the customer “you” and the Company ‘us’.
2.EFFECT OF THIS AGREEMENT
2.1By agreeing to this Agreement and/or by continuing to use the Service you are bound by the entirety of the Agreements as well as any rules governing the Web App or Content provided on or via the Service. If there are any inconsistencies between any rules on the Web App and this Agreement, then the terms of this Agreement shall prevail.
2.2We reserve the right to make any amendments to the Agreements or the Service and any such changes will be highlighted in red for a period of 4 (four) weeks. We encourage you to review the Agreements which are updated periodically and available at www.webappsupport.co.uk for the Web App. Your continued use of the Service will be deemed to be your acceptance of any changes to the Agreements. If the modified Agreements are not acceptable to you, your only recourse is to cease using the Service (for further details on cancellation please see the Customer Service section stated below at the end of this Agreement).
3.1By seeking to subscribe to the Service and using the Service you hereby confirm to us that at all such times you:
a)are resident in the United Kingdom and it is your main residence;
b)are aged 18 (eighteen) years or over;
c)are of sound mind and capable of taking responsibility for your own actions;
d)have the power to enter into a legally binding agreement (you are not legally barred from doing so for any reason) and you are the person whose details are provided in connection with your subscription to the Service;
e)are acting as principal and not on behalf of anyone else;
f)are the authorised owner of the mobile phone which you provided when you completed subscription to the Service.
g)are located in a jurisdiction in which such subscription to the Service and access and/or use of the Service is not unlawful or contrary to any applicable regulation. It is your responsibility to ensure that this is not the case.
3.2Persons in breach of this Agreement are not entitled to access and/or use the Service and could be committing fraud and be subject to criminal prosecution.
3.3You cannot use the Service unless you have first completed the subscription to the Service.
3.4You hereby warrant to us that all information provided in your subscription to the Service and all personal data provided to us is complete, true and accurate and not misleading and that you will notify us immediately of any change.
3.5You undertake to access and/or use the Service for legitimate and personal entertainment purposes only.
3.6You undertake to abide by all applicable laws and regulations when using the Service and to be solely responsible for all matters arising from your use of the Service.
3.7You undertake not to use the Service in any way which might infringe any rights of any third party or give rise to a legal claim against us by any third party;
3.8You undertake not to damage, interfere with or disrupt access to the Service or do anything that may interrupt or impair its functionality (nor assist, encourage or permit any other person to do so).
3.9You undertake not to obtain or attempt to obtain unauthorised access through whatever means to the Service or any part of it (nor assist, encourage or permit any other person to do so).
4.1The Service is not aimed at children. By granting your child permission to use the Service, you agree to the terms and conditions of the Agreements on behalf of your child. You are responsible for monitoring and supervising your child's use of the Service. If your child is using the Service and does not have your permission, please contact us immediately (please scroll down to the bottom of the Agreement to the section titled Customer Service) so that we can disable his or her access.
4.2The Service can be accessed either via the:
Service Description: Web App
Service Access: http://www.theappzone.co.uk;
Price: £4.50 per week (depending on the campaign at the time of joining and your mobile network operator);
Payment Period: Weekly;
Termination: Send “STOP APPZONE” to 60201.
4.3To access the Service you must ensure that your mobile phone is compatible with the Service and that it is correctly configured for use. For Android devices, please find a list of those which support Flash Player http://www.adobe.com/flashplatform/certified_devices/s.html.
5.1Before you are able to fully access the Service you will be required to subscribe to the Service in one of the following ways:
Web App: By clicking on an advertising banner and following the instructions noted on the subsequent pages to:
i.click on the button e.g. “SUBSCRIBE NOW” and then the “CONFIRM” button to complete your subscription; or
ii.by visiting the Web App directly and following the instructions to subscribe to the Service. Once your subscription to the Service is complete you will be able to use and/or access the Web App.
iii.Upon completion of the subscription to the Web App Service we will confirm by SMS text message to the mobile number which you provided, that you have successfully subscribed to the Service.
5.2The subscription Fee for the Service is always mentioned at the point of purchase i.e. commencement of subscription period or on date of accessing the Service.
5.3Following subscription to the Service you will be provided with access to the Service as applicable either via http://www.theappzone.co.uk for the Web App.
5.4Transactions made using your registered mobile number are accepted by us on the understanding that you are the account holder and that you are authorised to register this mobile phone number, pay for and access the Service. If your mobile phone is used by anyone other than yourself, we will accept no liability for the consequences or costs incurred from such misuse, or for the loss, theft, and misuse of your information.
5.5You agree to be solely responsible at all times for all access and/or use of the Service. You are responsible for keeping all your user identification details, such as your mobile phone number (“User Data”) confidential. You are also responsible for ensuring that all persons who access the Service through your internet connection are aware of the Agreements and are in full compliance with the Agreements.
5.6We reserve the right to disable any User Data whether chosen by you or allocated by us at any time if in our sole opinion you have failed to comply with any of the provisions of this Agreement.
5.7We reserve the right to ask for proof of age documentation and evidence to verify your identity at any time (including any third party, which may keep a record of such information). We reserve the right to conduct checks against any of the details provided to us and to pursue this information through any channels and methods available to us. Failure to provide substantiated proof of age or other requested information will result in the suspension or termination of your subscription to the Service.
5.8We reserve the right to refuse, suspend and/or terminate your subscription to the Service immediately and without consulting or notifying you or giving you reasons in the event that you publish, cause the publication of and/or send via the Service any actual or potentially defamatory, offensive or obscene language or material or if you breach, or are suspected of any breach of this Agreement, any applicable law, regulation, code or request of a mobile network operators “MNO” and/or regulators or should we deem it in our best interests and/or other customers to do so.
5.9It is your sole responsibility to ensure that at all times you comply with all laws and regulations with respect to the Web App and/or Content made available through the Service in any jurisdiction where you are located or are a resident and that you have a complete and unrestricted legal right to subscribe to the Service, access and/or use the Service in whole or part.
5.10Use of the Service will be closely monitored to ensure that no customer is using the Service with a frequency or in a manner which might suggest that he or she is using it except solely for personal use or is using it on behalf of others, and we reserve the right to suspend and/or terminate the subscription to the Service if we consider or suspect that the Service is being used in this way.
5.11If any of your User Data or other information relevant to your Subscription of the Service change you must inform us immediately by contacting us using the contact information provided in the Customer Service section stated below at the end of this Agreement.
6.1You may access the Service once you have subscribed to the Service, as detailed above. After 24 (twenty-four) hour trial period has expired (which is available to a first-time user only), you will be required to pay the subscription Fee. The Service being a mobile subscription service is charged at a flat fee between £2.00 - £4.50 weekly (the “Fee”) (exact price for future users may vary, depending on the existing campaign at the time of joining and the MNO, but will not be higher than £4.50 per month), which offers you unlimited access to the Content via the Web App while you remain subscribed to the Service. You will be provided with an exact Fee quote at the point of purchase, as described above. You will pay the price detailed by charging the purchase to your monthly account or prepaid account provided by your MNO (mobile network operator).
6.2 When choosing to pay by your mobile account or prepaid credit, you have either provided your mobile number to a payment intermediary or you have agreed for your MNO to pass your number directly. Your contract for the Service is with us and not with your MNO. Your MNO has agreed with us to simply to charge the amount directly to your bill or prepay account. Once this charge has been authorised by you must pay your MNO the amount charged. You are therefore wholly responsible for checking that you are happy with the seller (us), price and the Service before making a purchase commitment.
6.3Your MNO charges may also apply, and all prices stated and/or otherwise communicated to you are inclusive of VAT (where applicable). The Service being provided on a subscription basis means it will renew automatically after the end of the specific subscription period unless and until the you decide to opt out or unsubscribe. The subscription Fee shall become due for each subscription period while you remain subscribed to this Service irrespective of whether or not the Web App is actually accessed during any particular subscription period.
6.4You can access the Service until you send “STOP APPZONE” to 60201 at any time to out opt or unsubscribe from the Service. For further details on cancellation please see the Customer Service section stated below at the bottom of this Agreement.
7.WITHDRAWAL RIGHT AND REFUNDS
7.1 Since our Service consists in providing you with digital content that is not supplied on a disk or another tangible medium (i.e. you get access to use the Service via the Web App), we require your explicit consent in order to provide you with the Service immediately after your subscription and payment of the subscription Fee. If you provide your consent as described above, you will lose the right of withdrawal from the Service.
7.2 If you wish to retain a right of withdrawal in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you will be able to use the Service only after the expiry of fourteen (14) days (the “Cooling Off Period”) beginning from the date of concluding this Agreement and provided you have not used your right to withdraw.
7.3 If you do not consent to us providing you with the Service immediately after your subscription and payment of the subscription Fee, you have a general right to withdraw from this Agreement within the Cooling Off Period without giving any reason. The Cooling Off Period will expire after fourteen (14) days from the date of concluding this Agreement.
7.4 To exercise the right of withdrawal, you must inform us of your decision to withdraw from this Agreement by sending us an unequivocal statement (e.g. send us a letter sent by post or e-mail or you may use the Model Cancellation Form, located at the bottom of this Agreement) using the contact details stated below in the Customer Service section. To meet the withdrawal deadline, it is sufficient for you to send your communication to us, concerning your decision to exercise the right of withdrawal, before the withdrawal period has expired.
7.5 If you withdraw from this Agreement within the Cooling Off Period, we shall reimburse you all payments received from you without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from this Agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
7.6Where the Cooling Off Period does not apply you may cancel the subscription to the Service at any time by following the instructions given in the text SMS message sent to you after your purchase or as suggested below in the Customer Service section. However, if you do cancel then we are not obliged to refund any part of the subscription Fee unless we have breached a material term of this Agreement or are otherwise required by law to do so. In all other circumstances a refund will be at our sole discretion.
7.7Nothing in this Agreement affects or limits your statutory rights or your legal rights as a consumer under the Consumer Rights Act 2015 or any other applicable legislation. For further details on cancellation (whether or not within the Cooling Off Period) or any enquiries please contact us directly using the details stated in the Customer Service section at the bottom of this Agreement.
8.ACCESS AND USE OF THE SERVICE
8.1In order to access and/or use the Service follow the information shown on your mobile phone’s screen to complete Subscription.
8.2Any use of the Service by you is on an "as is" and an "as available" basis. You agree and accept that the Service is not a fault-free service and is for your own personal use and shall not be used for commercial purposes.
8.3Your agreement with us will be null and void if we discover or suspect that you have in any way interrupted, deviated, tried to manipulate the outcome or tampered with any part of the Service.
8.4We reserve the right to change the format of the Service (in whole or part) to enhance them, correct any defects or provide upgrades.
8.5We reserve the right to record all telephone calls made to us and to monitor all information relating to the Service for which purposes you consent in accordance with the requirements of the Regulation of Investigatory Powers Act 2000 (as amended from time to time).
9.1We may from time to time run promotions including free news and/or content which is free to access, award prizes and provide you with marketing or promotional materials if you have completed your subscription to the Service.
9.2The rules of entry or access to any promotions will be displayed on the Service and may sometimes be restricted only to a first-time user.
10.VIRUSES, HACKING AND OTHER OFFENCES
10.1You must not attempt or encourage the misuse of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the server on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack (“DoS”) or distributed denial-of-service attack (“DDoS”).
10.2By breaching Clause 10.1 above, you would commit a criminal offence under the Computer Misuse Act 1990 (as amended from time to time). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such breach, your right to use the Service will cease immediately without notice to you and without us incurring any liability whatsoever.
10.3We will not be liable for any loss or damage caused by the DoS, DDoS, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of Content, or other material posted on or via the Service.
11.1We will not rent, sell or share your personal details with third parties, however, we may pass on your details to relevant authorities or regulators if we and/or they wish to investigate or assist in the investigation of any suspected or alleged fraud or abuse of the Service or if we are required by law to do so, for example under the Proceeds of Crime Act 2002 (as amended from time to time) and any other money laundering or data protection legislation.
11.3If we have reason to believe that there has been or is likely to be a breach of security or any other misuse of the Service we may suspend and/or terminate your subscription to the Service.
11.4We are not obliged to monitor, detect or report any unauthorised use of the Service and you shall be solely responsible for all use of the Service made by you or anyone else using your User Data, for preventing unauthorised use of your User Data and/or mobile phone you are liable for all user charges that are incurred as a result of any such unauthorised use.
11.5If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your User Data or mobile phone you must notify us immediately by e- mailing us at: email@example.com.
12.INTELLECTUAL PROPERTY RIGHTS
12.1Ownership: the copyright, database rights and other intellectual property rights (“IPR”) in any Content and/or other material displayed on or via the Service as well as its features, which includes text, data, graphics, photographs, videos, animation, images and audio-visual content (the “Materials”) is owned by or licensed to us or the owners of third party websites or applications. These IPRs are protected under the laws of England and Wales, International treaties and all other applicable copyright and intellectual property laws. No licence is granted to you in respect of any such rights, except to the extent required for your personal use of the Service in accordance with this Agreement. Any unauthorised distribution of the Materials or the IPRs is strictly prohibited, and legal action could be taken against any such person who makes unauthorized distribution.
12.2Trade marks: Our goods and/or service marks (which may include a name, word, phrase, logo, symbol, design, image, shape, signature or any combination of these elements) are and shall remain the exclusive property and trade marks of the Company. You shall not be entitled to reproduce such trade marks and/or associated logos without our prior written consent on each occasion.
12.3You agree to use the Materials solely for your own personal, non-commercial use and specifically not for any business, commercial or public purpose.
12.4The following activities are strictly prohibited (unless you receive our express prior written permission on each occasion):
a)Any downloading, reproduction, modification, distribution or use of the Materials (except as otherwise permitted by this Agreement).
a)deployment within this Service of any spider, robot web crawler or other automated query program;
b)re-use and/or aggregation of any of the Materials in the provision of a commercial service;
c)transfer of any of the Materials to any other person or entity, whether commercial or non-commercial or distribution through peer-to-peer networks or any other file sharing platforms; and
d)public display and/or use of any Materials for any rental or sale purposes.
13.SUBMISSION OF INFORMATION
14.1The following provisions set out all our liability to you (including any liability for acts and/or omissions of our parent company, subsidiaries, associated companies, employees, agents and sub-contractors) regarding:
a)any breach of this Agreement including any deliberate personal repudiatory breach or any deliberate breach of these conditions by the Company, or our employees, agents or subcontractors; and
b)any representation, statement or tortuous act or omission including negligence arising under or in connection with the Services.
14.2Nothing in this Agreement excludes or limits our liability for:
a)death or personal injury caused by our negligence; or
b)any matter which it would be illegal for us to limit or exclude or attempt to limit or exclude our liability for; or
c)fraud or fraudulent misrepresentation.
14.3We are not liable for anything out of our control including but not limited to any loss or damage that you may suffer or incur because of any act of God, power cut; trade or labour dispute, failure or any omission of any government or authority; delay, interruption, obstruction, or failure of telecommunication services; or any other cessation; delay or failure caused by a third party or loss or corruption of data. In such an event, we reserve the right to cancel or suspend the Service indefinitely and without notice or incurring any liability whatsoever.
14.4All representations, warranties and terms (express or implied) not set out in this Agreement are excluded to the fullest extent permitted by law and we shall have no liability to you in respect of the same.
14.5You agree to indemnify us and hold us harmless in full and on demand with respect to any liability, damages, costs or claims which we may suffer or incur arising out of or in connection with your or your authorised persons use of the Service.
14.6Subject to Clause 14.2 above:
a)our total aggregate liability to you in respect of direct loss and damage and other direct liability, whatsoever (howsoever caused), whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Service shall be limited to the aggregate of with the lesser of GBP £100 (one hundred Great British Pounds Sterling) or the monthly subscription charge paid by you in the preceding calendar month to the claim in question;
b)your or your authorised person’s use of the Service is your responsibility and is entirely at your own risk and in no event shall we shall not be liable to you for any direct, indirect or consequential loss, damage(s) or liability (including without limitation, loss of profit, data, loss of goodwill, loss of contract or other information) or any claims for consequential compensation, loss or damage(s), whatsoever (howsoever caused)), which arise out of or in connection with the Service and any supplied Content or offers even if it was reasonably foreseeable and whether or not we have been previously made aware of it.
14.8We make no representation or warranty about information or any other item(s) that may be accessed either directly or indirectly via the Service (save to extent expressly provided otherwise in the Service) and we reserve the right to make changes and/or corrections at any time to such information, without notice. We accept no liability for any inaccuracies or omissions (other than a fraudulent misrepresentation) in or from such information and any decisions based on such information are the sole responsibility of the visitor to the Service.
14.9Your statutory or common law rights as a consumer (if any) are not affected by this Agreement.
15.1This Agreement constitutes the whole agreement between you and us to the fullest extent permitted by law with regard to use of the Service.
15.3If any clause or part of a clause of this Agreement is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then any such part will be severed from this Agreement. The remainder of the clause or paragraph which contains the relevant provision shall not be affected and this Agreement will continue to be valid and enforceable to the fullest extent permitted by law.
15.4You may not transfer your rights pursuant to this Agreement to any third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and nothing in this Agreement shall confer or purport to confer on or operate to give any third Party any benefit or any right to enforce any term of this Agreement except as expressly provided in this Agreement.
15.5No failure or delay by us to exercise any of our rights under this Agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right by us.
16.1This Agreement shall be governed by and construed in accordance with the laws of England and Wales. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute or claim of whatever nature arising out of or relating to the Service and that the laws of England and Wales shall govern any such dispute or claim.
However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of our intellectual property rights or breach of this Agreement is taking place or originating. You are solely responsible for compliance with any applicable laws and regulations of the jurisdiction from which you are accessing the Service.
17.1 We hope that you are pleased with the Service and that you will never have reason to complain, but if there is something you are not happy with we would like you to tell us about it so that we can try to put matters right. Should you wish to make a complaint with respect to the Agreement or the Service please contact us as follows:
a) Customer Service:
Helpline: 02039121324 (local call charge rate)
A copy of our Complaints Procedure will be sent to upon request by you or in the event that you submit a complaint to us.
17.2In the event that we are unable to resolve your complaint you may wish to consider referring to the Phone-paid Services Authority or the Ombudsman. You can also consider using an Alternative Dispute Resolution scheme (“ADR”). The contact details for these alternatives are set out below:
a) Phone-paid Services Authority (PSA)
Address: 25th floor, 40 Bank Street, London, E14 5NR
Phone: 0300 30 300 20 (Monday – Friday, 9:30am – 17:00pm)
b) Ombudsman Services
Phone: 03304401614 (Monday – Friday, 9:30am – 17:00pm)
Address: Ombudsman Services: Communications, PO Box 730, Warrington, WA4 6WU
Website: http://www.ombudsman-services.org/; or ‘Communications and Internet Services Adjudication Scheme’
c) Online Dispute Resolution
You can also access the Online Dispute Resolution platform here which is an official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out-of-court: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.
The Company is not obligated to use ADR entities to resolve disputes with consumer clients. An application to PSA or using the alternatives mentioned above does not relieve you from any obligation you may have to pay any amounts not in dispute.
You are free to cancel your subscription at any time by following the instructions below:
Text: To unsubscribe from the Service at any time text “STOP APPZONE” to:
Subscription to the Service can also be terminated anytime by clicking on to the unsubscribe option and following the instructions via the account section of the Web App portal or by calling our helpline noted above.