WHO WE ARE AND HOW TO CONTACT US
Our App is operated by Colex Connect Ltd (“we”) and we trade as “SaveTheHighStreet.org”, “PocketHighStreet” and “Jo”. We are registered in England and Wales under company number 08384159 and have our registered office at C/O Bennett Brooks & Co Limited Suite 345, 50 Eastcastle Street, London, London, England, W1W 8EA.
We are a limited company and our VAT number is GB200386646.
To contact us, please email us at firstname.lastname@example.org
BY USING OUR APP YOU ACCEPT THESE TERMS
If you do not agree to these terms or are younger than 18 years old, you must not use our App.
We recommend that you print a copy of these terms for future reference.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
If you purchase goods or services from our App, which:
- are stated to be supplied by us, then our Terms of Sale will apply to those sales. Please read through these carefully before making any purchase; and/or
- are stated to be supplied by a third party, then that third party’s terms and conditions of supply shall apply to those sales. A copy of any such third party’s terms and conditions shall be provided to you at the point of purchase. You will be entering into a binding contract with the relevant third party so please make sure you read through their terms carefully and only proceed with your purchase if you agree to their terms and conditions.
We operate our App in order to assist local businesses to compete in the more connected world. In order for you to get the benefits of our App, you need to create an account with us. You must complete all of the mandatory fields on the account registration form and you warrant that any information you provide to us in this regard is complete, accurate and not misleading.
WE MAY MAKE CHANGES TO THESE TERMS AND OUR APP
We amend these terms from time to time. Every time you wish to use our App, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on the date stated at the end of them.
We may update and change our App from time to time to reflect changes to our users’ needs and our business.
WE MAY SUSPEND OR WITHDRAW OUR APP
Our App is made available free of charge.
We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
OUR APP IS ONLY FOR USERS IN THE UK
Our App is directed to people residing in the United Kingdom. We do not represent that content available on or through our App is appropriate for use or available in other locations.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
HOW YOU MAY USE MATERIAL ON OUR APP
We are the owner or the licensee of all intellectual property rights in our App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our App for your personal use and you may draw the attention of others within your organisation to content posted on our App.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our App must always be acknowledged.
You must not use any part of the content on our App for commercial purposes other than for the limited purpose for which we are giving you access to our App, without first obtaining a licence to do so from us or our licensors. This means that you may not:
- supply, sell or licence material or a copy of material on our App to any person;
- download any contact or content through any automated (e.g. “scraping”) process; or
- contact any users of our App or make or allow any use of the information about those users, other than for the limited purpose in respect of which we are providing you with access to our App.
DO NOT RELY ON INFORMATION ON OUR APP
The content on our App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our App.
We make no representations, warranties or guarantees, whether express or implied, that the content on our App is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our App contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of the content of those linked websites or information you may obtain from them. We have no responsibility of any kind in relation to the provision of any goods or services which you purchase via such websites.
We have no control over the contents of those sites or resources.
THE CONTENT AVAILABLE ON OUR APP IS PROVIDED FOR YOUR GENERAL INFORMATION ONLY. IT IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU SHOULD OBTAIN INDEPENDENT VERIFICATION AS IS CUSTOMARY AND PRUDENT FOR THE CIRCUMSTANCES BEFORE RELYING ON ANY SUCH INFORMATION, IN PARTICULAR WHERE ANY RELIANCE MAY RESULT IN LOSS OR DAMAGE.
USER-GENERATED CONTENT IS NOT APPROVED BY US
Our App includes information and materials uploaded by other users of our App. This information and these materials have not been verified or approved by us. The views expressed by other users on our App do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us at firstname.lastname@example.org.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms that may apply to our App or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our App; or
- use of or reliance on any content displayed on our App.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
Except as set out specifically above, our liability to you in relation to, or in any way connected to, your use of our App shall in no event exceed £20. However please note, if you purchase goods or services on our App and we are responsible (rather than a third party) for providing those goods or services to you, then the liability provisions in our Terms of Sale govern our liability in relation to such purchase and supply.
UPLOADING CONTENT TO OUR APP
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our App a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our App constitutes a violation of their intellectual property rights, or of their right to privacy.
RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post content to our App, you grant us (and the other users of our App) a perpetual, irrevocable, royalty-free, worldwide licence to use such content for any purpose.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our App will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our App. You should use your own virus protection software.
You must not misuse our App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our App, the server on which our App is stored or any server, computer or database connected to our App. You must not attack our App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 a breach, your right to use our App will cease immediately.
RULES ABOUT LINKING TO OUR APP
You may link to our App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our App in any website that is not owned by you.
Our App must not be framed on any other site, nor may you create a link to any part of our App other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our App other than that set out above, please contact us on email@example.com.
You may use our App only for lawful purposes. You may not use our App:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to access without authority, interfere with, damage or disrupt: (i) any part of our App; (ii) any equipment or network on which our App is stored; (iii) any software used in the provision of our App; or (iv) any equipment or network or software owned or used by any third party.
Our App may have elements which interactive, including, without limitation:
- the ability to post and share content (including video and text).
- Chat rooms/Forums.
- Bulletin boards.
- In-App messaging
Where we do provide any interactive service via our App, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our App, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our App, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Our App is intended for use purely by those who are aged 18 years or older. However, the use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
These content standards apply to any and all material which you contribute to our App (Contribution), and to any interactive services associated with it.
The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, in our absolute discretion, whether a Contribution breaches the content standards.
A Contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be in contempt of court.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Give the impression that the Contribution emanates from Colex Connect Ltd, if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other sites.
BREACH OF THIS POLICY
- Immediate, temporary or permanent withdrawal of your right to use our App.
- Immediate, temporary or permanent removal of any Contribution uploaded by you to our App.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
- We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
We reserve the right, to the fullest extent permitted by law to close your account on our App, at any time and without incurring any liability in the event of: (a) your actual or suspected breach of these terms; and/or (b) a decision by us to cease offering our App.
If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these terms.
GOVERNING LAW AND JURISDICTION
LAST UPDATED: 13 February 2018