Aludio Terms of Service (USA)

Introduction

These are the terms of supply for services provided on www.getacorn.com (Site) and/or through any web or mobile application we provide (Application). The Site/Application is operated by or on behalf of Aludio Inc. (we, us and our).

Your use of any of the services offered on the Site/Application (Services) is subject to these terms and by using any Service you agree to be bound by them. Use of your personal information submitted to or via the Site/Application is governed by our Privacy and Cookies Policy.

These terms are applicable from December 20, 2017.

Acorn is an app designed for parents, to find fun activities for your child in your local area. By using our App or Site, you can conduct a tailored search, searching by age range, area, gender, activity type and date of activity to find the perfect activity for your child.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION

Registering with us

To fully take advantage of the Services, you must first register to set up an account with us by completing the account registration form available on the Site/Application. You only need to register once.

To register, you must be at least 18 years of age.

The Children’s Online Privacy Protection Act (COPPA) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for or use the Site/Application or send us any personal information. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at [email protected].

Please note that additional eligibility criteria may apply to a particular Service, where indicated on the Site/Application. It is your responsibility to ensure you satisfy the minimum eligibility criteria before choosing to register with us. By doing so, you confirm to us that you do meet all of the minimum eligibility criteria.

To register, you must provide us with accurate, complete and up-to-date contact information, including your name, the name/nickname of your child, your child's age and your email address. You may also provide a picture of your child if you wish, to be used as part of their profile (please note this picture will not be publically displayed). You are responsible for the information you provide to us. You must promptly update your account information online in the event of any changes to this information.

We may, in our sole discretion, refuse to offer the Site/Application to any person or entity and may change the Site/Application’s eligibility criteria at any time. If applicable laws prohibit your use of the Site/Application, then you aren’t authorized to use the Site/Application. We are not responsible if you use the Site/Application in a way that breaks the law.

Username and password

Upon registration for an account with us, you will be asked to create a password. You must keep your password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised user of your account and, accordingly, you must not disclose your password to anyone else. You should contact us immediately upon discovering any unauthorized use of your account or error in the operation of your password (see Contacting us). Any breach of these terms and/or any use of your account by anyone to whom you disclose your password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.

You must cease to use and delete the password for your account upon termination of your account for whatever reason.

Changes to the Service and terms

As it is our policy continually to review and update our Service offerings, we reserve the right to make changes to any Service and/or to these terms from time to time, but if we do, we will bring it to your attention by placing a notice on the www.getacorn.com website, on the Application, by sending you an email, and/or by some other means. If you don’t agree with the new terms, you are free to reject them, but that means you will no longer be able to use the Site/Application. If you use the Site/Application after we change the terms, you then agree to all of the changes.

Service suspension and termination

We may, from time to time, with or without prior notice, temporarily suspend the operation of any Service and/or the Site/Application (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

We may, with or without prior notice, terminate any contract with an activity provider (Contract) or suspend and/or terminate any Service and/or your use of your account in the event that you have breached any of these terms.

If you have breached these terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:

  • issue of a warning to you;

  • immediate, temporary or permanent removal of any content submitted by you;

  • immediate, temporary or permanent withdrawal of your right to use any Service;

  • legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or

  • disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we deem appropriate.

Upon termination of any Contract or Service or your account, for any reason:

  • all rights granted to you under these terms will immediately cease; and

  • you must promptly discontinue all use of the relevant Service.

Upon you closing your account with us, we shall delete all your account information (including any photos you may have provided), except to the extent retention of that data is necessary for a time after account closure for our legitimate operations including prevention of fraud, for legal reasons or where otherwise required by law.

Access to the Site/ Application

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site/ Application and is compatible with the Site/ Application.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Site/ Application. There may be times when certain features, parts or content of the Site/ Application, or the entire Site/ Application, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site/ Application, or any features, parts or content of the Site/ Application.

What you are allowed to do

You may only use the Site/ Application for non-commercial use and only in accordance with these terms. You may retrieve and display content from the Site/ Application on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site/ Application and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in these terms, you are not allowed to:

  • 'scrape' content or store content of the Site/ Application on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site/ Application;

  • remove or change any content of the Site/ Application or attempt to circumvent security or interfere with the proper working of the Site/ Application or the servers on which it is hosted; or

  • create links to the Site/ Application from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.

You must only use the Site/ Application and anything available from the Site/ Application for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of them.

Intellectual property rights

All intellectual property rights in any content of the Site/ Application (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site/ Application. In the event you print off, copy or store pages from the Site/ Application (only as permitted by these terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Under the Digital Millennium Copyright Act (DMCA), users can ask online service providers, like Aludio, to remove material that allegedly violates their copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable any User Submissions alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here

Site/ Application features and content

We may change the format, features and content of the Site/ Application from time to time. YOU AGREE THAT YOUR USE OF THE SITE/ APPLICATION IS ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND AT YOUR SOLE RISK.

Whilst we try to make sure that content on the Site/ Application consisting of information of which we are the source is correct, you acknowledge that the Site/ Application may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information on the Site/ Application is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

WE MAKE OR GIVE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, CORRECTNESS, RELIABILITY, INTEGRITY, QUALITY, FITNESS FOR PURPOSE OR ORIGINALITY OF ANY CONTENT OF THE SITE/ APPLICATION AND CONTENT/LISTINGS, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, ARE HEREBY EXCLUDED. WE ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOU OR ANYONE ELSE USING THE SITE/ APPLICATION OR RELYING ON ANY OF ITS CONTENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

We cannot and do not guarantee that any content of the Site/ Application will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

User content

The Site/ Application may, from time to time, allow you to upload user-generated content and may also allow you to communicate that content, either to selected recipients or in public areas, such as comments/review pages, message boards, and/or news groups (collectively User Content Areas). We do not control the material submitted to User Content Areas (collectively User Submissions), nor are User Content Areas actively moderated. You are solely responsible for the content of your User Submissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and not our views.

If you participate in any User Content Areas, you must keep all User Submissions relevant to the purpose of the User Content Area and the nature of any topic.

User Submissions must not:

  • contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable (Prohibited Content);

  • impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;

  • contain, transmit or distribute any unsolicited or unauthorised advertising, marketing or promotional material or other form of solicitation (spam); or

  • transmit or distribute any virus and/or other code that has contaminating or destructive elements.

You agree that, by submitting any User Submission, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Submission.

Whilst we do not pre-screen User Submissions, we reserve the right, in our sole discretion, to delete, edit or modify any User Submission submitted by you and/or to close any topic, at any time without notice to you.

Complaints about the content of any User Submission must be sent to [email protected] and must contain details of the specific User Submission giving rise to the complaint.

The Site/ Application may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

Our liability

Nothing in these terms shall limit or exclude our liability to you:

  • for death or personal injury caused by our negligence;

  • for fraudulent misrepresentation; or

  • for any other liability that, by law, may not be limited or excluded.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

You release Aludio, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to the Site/Application. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ALUDIO (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100, OR (B) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Apple terms

    These terms apply to your use of the Site/Application, including the Application available via the Apple Inc. (Apple) App Store (the Application), but the following additional terms also apply to the Application:

  • You and Aludio acknowledge that, in the event of any conflict between these terms and the usage rules set forth in the App Store Terms of Service as of the date of these terms, the App Store Terms of Service shall control to the extent of such conflict;

  • Both you and Aludio acknowledge that these terms are concluded between you and Aludio only, and not with Apple, and that Apple is not responsible for the Application or the Content/Listings;

  • The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Site/Application for your private, personal, non-commercial use, subject to all the terms and conditions of these terms as they are applicable to the Site/Application;

  • You will only use the Application in connection with an Apple device that you own or control;

  • You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

  • In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

  • You acknowledge and agree that Aludio, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

  • You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Aludio, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

  • You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

  • Both you and Aludio acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and

  • Both you and Aludio acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these terms, and that upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as the third party beneficiary hereof.

General

You may not transfer or assign any or all of your rights or obligations under these terms or any Contract. We may transfer, assign, or delegate these terms and our rights and obligations without consent.

All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

These terms may not be varied except with our express written consent.

These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.

These terms shall be governed by New York law, excluding its choice of law rules.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in New York County, New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (JAMS) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK.

Any arbitration under these terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND ALUDIO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site/Application or these terms must be filed within one (1) year after such claim of action arose or be forever banned.

Contacting us

Please submit any questions you have about these terms or an order you have placed or ordering in general, or any complaint or concern in relation to any Service ordered by email to [email protected] or write to us at:

245 5th Avenue
Suite 1102
New York, NY 10016


Aludio Terms of Service (UK)

Introduction

These are the terms of supply for services provided on www.getacorn.com (Site) and/or through any web or mobile application we provide (Application). The Site/Application is operated by or on behalf of Aludio Technologies Limited (we, us and our). We are a limited company, registered in England. Our registered company number is 10404075, and our registered office is at Aludio Technologies Ltd, 20 Ropemaker Street, London, EC2Y 9AR. Our VAT registration number is 264057212.

Your use of any of the services offered on the Site/Application (Services) is subject to these terms and by using any Service you agree to be bound by them. You should print a copy of these terms for future reference. Use of your personal information submitted to or via the Site/Application is governed by our Privacy and Cookies Policy.

These terms are applicable from 19 July 2017.

Acorn is an app designed for parents, to find fun activities for your child in your local area. By using our App or Site, you can conduct a tailored search, searching by age range, area, gender, activity type and date of activity to find the perfect activity for your child.

Registering with us

To fully take advantage of the Services, you must first register to set up an account with us by completing the account registration form available on the Site/Application. You only need to register once.

To register, you must be at least 18 years of age.

Please note that additional eligibility criteria may apply to a particular Service, where indicated on the Site/Application. It is your responsibility to ensure you satisfy the minimum eligibility criteria before choosing to register with us. By doing so, you confirm to us that you do meet all of the minimum eligibility criteria.

To register, you must provide us with accurate, complete and up-to-date contact information, including your name, the name/nickname of your child, your child's age and your email address. You may also provide a picture of your child if you wish, to be used as part of their profile (please note this picture will not be publically displayed). You are responsible for the information you provide to us. You must promptly update your account information online in the event of any changes to this information.

We reserve the right, in our discretion, to carry out checks (including checks with credit reference agencies) for the purposes of confirming your identity and to establish your creditworthiness. By agreeing to these terms, you agree to our doing so.

Username and password

Upon registration for an account with us, you will be asked to create a password. You must keep your password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised user of your account and, accordingly, you must not disclose your password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your password (see Contacting us). Any breach of these terms and/or any use of your account by anyone to whom you disclose your password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.

You must cease to use and delete the password for your account upon termination of your account for whatever reason.

Changes to the Service and terms

As it is our policy continually to review and update our Service offerings, we reserve the right to make changes to any Service and/or to these terms from time to time.

Service suspension and termination

We may, from time to time, with or without prior notice, temporarily suspend the operation of any Service and/or the Site/Application (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

We may, with or without prior notice, terminate any Contract or suspend and/or terminate any Service and/or your use of your account in the event that you have breached any of these terms.

If you have breached these terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:

  • issue of a warning to you;

  • immediate, temporary or permanent removal of any content submitted by you;

  • immediate, temporary or permanent withdrawal of your right to use any Service;

  • legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or

  • disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we deem appropriate.

Upon termination of any Contract or Service or your account, for any reason:

  • all rights granted to you under these terms will immediately cease; and

  • you must promptly discontinue all use of the relevant Service.

Upon you closing your account with us, we shall delete all your account information (including any photos you may have provided), except to the extent retention of that data is necessary for a time after account closure for our legitimate operations including prevention of fraud, for legal reasons or where otherwise required or permitted by law.

Access to the Site/ Application

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site/ Application and is compatible with the Site/ Application.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Site/ Application. There may be times when certain features, parts or content of the Site/ Application, or the entire Site/ Application, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site/ Application, or any features, parts or content of the Site/ Application.

What you are allowed to do

You may only use the Site/ Application for non-commercial use and only in accordance with these terms. You may retrieve and display content from the Site/ Application on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site/ Application and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in these terms, you are not allowed to:

  • 'scrape' content or store content of the Site/ Application on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site/ Application;

  • remove or change any content of the Site/ Application or attempt to circumvent security or interfere with the proper working of the Site/ Application or the servers on which it is hosted; or

  • create links to the Site/ Application from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.

You must only use the Site/ Application and anything available from the Site/ Application for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of them.

Intellectual property rights

All intellectual property rights in any content of the Site/ Application (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site/ Application. In the event you print off, copy or store pages from the Site/ Application (only as permitted by these terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Site/ Application features and content

We may change the format, features and content of the Site/ Application from time to time. You agree that your use of the Site/ Application is on an 'as is' and 'as available' basis and at your sole risk.

Whilst we try to make sure that content on the Site/ Application consisting of information of which we are the source is correct, you acknowledge that the Site/ Application may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information on the Site/ Application is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site/ Application and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site/ Application or relying on any of its content.

We cannot and do not guarantee that any content of the Site/ Application will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

User content

The Site/ Application may, from time to time, allow you to upload user-generated content and may also allow you to communicate that content, either to selected recipients or in public areas, such as comments/review pages, message boards, and/or news groups (collectively User Content Areas). We do not control the material submitted to User Content Areas (collectively User Submissions), nor are User Content Areas actively moderated. You are solely responsible for the content of your User Submissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and not our views.

If you participate in any User Content Areas, you must keep all User Submissions relevant to the purpose of the User Content Area and the nature of any topic.

User Submissions must not:

  • contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable ("Prohibited Content");

  • impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;

  • contain, transmit or distribute any unsolicited or unauthorised advertising, marketing or promotional material or other form of solicitation (spam); or

  • transmit or distribute any virus and/or other code that has contaminating or destructive elements.

You agree that, by submitting any User Submission, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Submission.

Whilst we do not pre-screen User Submissions, we reserve the right, in our sole discretion, to delete, edit or modify any User Submission submitted by you and/or to close any topic, at any time without notice to you.

Complaints about the content of any User Submission must be sent to [email protected] and must contain details of the specific User Submission giving rise to the complaint.

The Site/ Application may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

Our liability

Nothing in these terms shall limit or exclude our liability to you:

  • for death or personal injury caused by our negligence;

  • for fraudulent misrepresentation;

  • for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or

  • for any other liability that, by law, may not be limited or excluded.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

General

You may not transfer or assign any or all of your rights or obligations under any Contract.

All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

These terms may not be varied except with our express written consent.

These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.

These terms shall be governed by English law, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

You agree that any dispute between you and us regarding these terms or any Contract will only be dealt with by the English courts, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest.

Contacting us

Please submit any questions you have about these terms or an order you have placed or ordering in general, or any complaint or concern in relation to any Service ordered by email to [email protected] or write to us at:

Aludio Technologies Ltd, 20 Ropemaker Street, London, EC2Y 9AR