terms and conditions

# End User Licence Agreement

THIS DOCUMENT IS LEGAL AGREEMENT. PLEASE READ IT AS IT CREATES BINDING OBLIGATIONS UPON YOU. IF YOU DO NOT UNDERSTAND ANY OF ITS TERMS PLEASE SEEK ADVICE FROM A COMPETENT PROFESSIONAL.

INTRODUCTION

  • 1.1 This application (the ‘Licensed Application’) is provided to you by ARMAGO GROUP LTD operating from 82 Worrall Road, Bristol, England, BS8 2TU. We are a company registered in England with company number 13068459. We are solely responsible for the Licensed Application and the content thereof. 

  • 1.2 The Licensed Application is only made available for personal non-commercial use. You may not download, install or use the Licensed Application other than for personal non-commercial use. 

  • 1.3 You may use the Licensed Application only as permitted under this end user licence agreement (this EULA).

  • 1.4 By downloading and installing the Licensed Application you accept the terms of this EULA.

  • 1.5 Any updates, upgrades or new versions of the Licensed Application we provide to you shall be deemed to be part of the Licensed Application and subject to the terms of this EULA.

  • 1.6 This EULA along with the documents referred to in it is the complete agreement relating to your downloading, installation and use of the Licensed Application. No correspondence between you and us, any marketing or advertising material made available by us to you or similar materials shall form part of the contractual relationship between you and us. You are not able to rely upon such correspondence or materials as they do not form part of the agreement between you and us relating to your downloading, installation and use of the Licensed Application.

  • 1.7 You are responsible for making all arrangements necessary for you to download, install and use the Licensed Application. You are responsible for ensuring that any devices or software you use in connection with the Licensed Application meet all relevant technical specifications required download, install or use the Licensed Application (as appropriate). We shall not be liable to you for any loss, cost, expense or damage arising as a result of any technical incompatibility between the Licensed Application and any of your devices or software.

  • 1.8 You are also responsible for ensuring that all persons who access the Licensed Application through any device upon which you install the Licensed Application are aware of the terms of this EULA and that they comply with them. 

  • 1.9 The terms of this EULA do not affect your rights under applicable law. For more information upon these rights please contact your local Citizens Advice Bureau, or equivalent body in your country of residence.

  • 1.10 We have used reasonable endeavours to ensure that the Licensed Application complies with English laws. However, we make no representations, warranties or guarantees that the Licensed Application is appropriate or available for downloading, installation or use in locations outside England. Where you download, install or use the Licensed Application in other locations you do so at your own risk and are responsible for compliance with all laws applicable to such location. 

  • 1.11 If downloading, installing or using the Licensed Application is contrary to or infringes any applicable law in your place of downloading, installation or use, you are not authorised to download, install or use the Licensed Application and the Licensed Application is not made available to you.

 

2. RIGHTS TO USE

  • 2.1 The Licensed Application is protected by international copyright laws and other intellectual property rights. You acknowledge that we are the owner or the licensee of all rights (including all intellectual property rights) in or relating to the Licensed Application. In the event that any third party claims that the Licensed Application, or your possession and use of the Licensed Application, infringes that third party’s intellectual property rights, We and not Apple will be solely responsible for the investigation, defence, settlement and discharge of any such claim.

  • 2.2 We grant you no rights to download, install or use the Licensed Application other than as stated in this EULA. We reserve all rights in and to the Licensed Application not expressly granted to you under this EULA. Nothing contained in this EULA should be construed as granting by implication, estoppel, personal bar or otherwise any licence or right to download, install or use the Licensed Application without our express written permission. The Licensed Application is licensed, not sold, to you.

  • 2.3 Your right to download, install and / or use the Licensed Application is dependant upon payment by you of the price specified upon the Apple, Inc. App Store for the Licensed Application (the ‘Price’). If you do not pay the Price in full you are not granted the right to download, install or use the Licensed Application.

  • 2.4 Your right to download, install and use the Licensed Application is limited to a non-transferable right to download, install and use the Licensed Application on any iPhone or iPod touch that you own or control.

  • 2.5 You are not permitted to download, install or use the Licensed Application on any iPhone or iPod touch that you do not own or control.

  • 2.6 You must not:

    • 2.6.1 distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time;

    • 2.6.2 rent, lease, lend, sell, redistribute or sublicense the Licensed Application; or

    • 2.6.3 decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, translate, merge, adapt, vary, alter, or create derivative works based upon the Licensed Application.

  • 2.7 You must not use the Licensed Application: 

    • 2.7.1 to distribute material which is malicious or technologically harmful; defamatory of any person; obscene, offensive, hateful or inflammatory; which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; which discloses the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual other than where you have the express written permission of that individual to disclose such information; which may be in contempt of court; or which is likely to harass, upset, embarrass, alarm or annoy any other person; 

    • 2.7.2 to impersonate any person, or misrepresent your identity or affiliation with any person; 

    • 2.7.3 to advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;

    • 2.7.4 to distribute any material which you know or believe, or have reasonable grounds for believing, is or is likely to be construed as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;

    • 2.7.5 to attempt to gain unauthorised access to any server, computer or database;

    • 2.7.6 in a manner that imposes an unreasonable or disproportionately large load on our infrastructure, or that of any third party;

    • 2.7.7 to seek to infringe rights held by third parties;

    • 2.7.8 to breach any legal duty owned to any third party;

    • 2.7.9 for any purposes prohibited by the law of the United States of America, the United Kingdom, or applicable in your place of downloading, installation or use of the Licensed Application; or

    • 2.7.10 in pursuit of the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

    • 2.8 If you breach this clause we have the right to 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 the Licensed Application will cease immediately.

    • 2.9 You must not attempt in any way to remove or circumvent any technical protection measures applied to the Licensed Application to prevent unauthorised use, copying or misappropriation thereof or of the intellectual property rights relating thereto, or apply, manufacture, import, distribute, sell, let for hire, offer, expose or advertise for sale for hire or have in your possession for private or commercial purposes, any means whose sole reasonable purpose is to facilitate the unauthorised removal or circumvention of such technical protection measures.

 

3. DATA WE GATHER FROM YOU

  • 3.1 You acknowledge that where the Licensed Application is used by us to collect personal data from you, we will notify you that we are collecting this personal data. You acknowledge that for the purposes of data protection legislation we shall be the data controller of this personal data. In such an event you agree that we may use this personal data to operate and maintain the Licensed Application, to provide you with information on products or services which may be of interest to you and to allow us to properly correspond with you. We may also share this personal data with our business partners for marketing purposes. By providing us with this personal data, you consent to being contacted in this manner by us and our business partners. If you do not wish to receive marketing information from us or our business partners please email us at markrhbushby@outlook.com. You also have a right at any point in time to ascertain from us what personal data we hold concerning you. This right may be exercised by emailing us at markrhbushby@outlook.com. We reserve the right to levy a charge of £10.00 upon you to cover our reasonable expenses prior to informing you regarding what personal data we hold concerning you. 

  • 3.2 You acknowledge that in all other events, where you input personal data through the Licensed Application, the Licensed Application is being used by you to transmit this personal data to third parties through telecommunications networks and services provided by third parties, and that we will have no access to or control over such personal data. We shall not be controller or processor of this personal data for the purposes of data protection legislation.

  • 3.3 You acknowledge that in all events we may collect from you technical data and related information, including but not limited to technical information about the device upon which the Licensed Application is installed, the system and other application software installed upon this device, and the peripherals connected from time to time to this device. We will not be able to identify you from this data and information. We may use this data and information to facilitate the provision of updates and upgrades to the Licensed Application and to provide support in relation to the Licensed Application.

  • 3.4 You acknowledge that in all events any information or data we gather from you may be transmitted to and stored by our service providers. Whilst we will use reasonable endeavours to ensure that our service providers provide a reasonable standard of protection concerning your personal data we make no guarantees in this respect.

4. MATERIAL YOU SUBMIT THROUGH THE LICENSED APPLICATION

  • 4.1 You warrant that any material submitted by you through the Licensed Application shall:

    • 4.1.1 be accurate (where it states facts);

    • 4.1.2 be genuinely held (where it states opinions); and

    • 4.1.3 comply with all applicable laws in any country from which it is posted, through which is may be transmitted, and in which it may be read.

 

5. MATERIAL YOU SUBMIT TO US

  • 5.1 We will notify you where you are submitting information or material to us. By submitting information or material to us you grant to us the right without limitation and without a requirement to pay to you any sums to use, copy, modify, adapt, create derivative works based upon, extract elements from and reorganise such information or material. You acknowledge that we may permit others to exercise these rights.

  • 5.2 By submitting information or material to us you are guaranteeing that you have the right to grant to us the rights described in clause 5.1. If you are not able to grant to us these rights, please do not submit such information or material. 

  • 5.3 In relation to any information or material submitted by you to us you waive absolutely all moral rights arising under Chapter 4 of the Copyright, Designs and Patents Act 1988 and, so far as is legally possible, any broadly equivalent rights you may have in any territory of the world, in such information or material.

  • 5.4 Unless we notify you that you are submitting information or material to us you acknowledge that the Licensed Application is being used by you to transmit information or material to third parties through telecommunications networks and services provided by third parties, that we have no access to or control over this information or material and that this information or material is not submitted to us.

 

PASSWORDS

 

  • 6.1 If you choose, or you are provided with, a user identification code, login, password or any other piece of information enabling access to or use of the Licensed Application, you must treat such information as confidential, and you must not disclose it to any third party.

  • 6.2 We reserve the right to disable any user identification code, login, password, or any other piece of information enabling access to or use of the Licensed Application at any time where we believe you are in breach or likely to breach the terms of this EULA. 

  • 6.3 You must immediately notify us if you have reason to believe any user identification code, login, password, or any other piece of information enabling access to or use of the Licensed Application provided by us to you has become known to any third party.

 

7 APPLE'S TERMS

  • 7.1 Your right to download, install and / or use the Licensed Application is also governed by other terms and conditions, as notified to you from time to time as part of the procedure concerning your access to and use of the Apple, Inc. App Store (the ‘Other Terms’). Particularly and without limitation your right to use the Licensed Application is additionally limited by the terms of the usage rules set forth in the Mac App Store, App Store and ibooks store terms and conditions (including without limitation the Mac App Store Product Usage Rules and the App Store Product usage Rules) (the ‘Usage Rules’). 

  • 7.2 In the event of a conflict between the Usage Rules or the Other Terms and the terms of this EULA, the Usage Rules and the Other Terms shall take precedence.

 

8 SERVICES

  • The Licensed Application may enable access to third party services (collectively and individually, referred to in this EULA as ‘Services’). 

  • 8.2 Use of these Services may require that you accept additional terms and conditions. 

  • 8.3 You acknowledge that we have no control over the content of these Services. Your use of these Services is entirely at your own risk We shall not be liable to you in relation to these Services in any manner. 

 

9 BREACH

  • 9.1 Any breach of the terms of this EULA is a violation of our rights and (if applicable) those of our licensors, service providers and third parties. If you breach the terms of this EULA you may incur liability (both criminal and civil) and become subject to court action. 

  • 9.2 If we have reason to believe that you have breached the terms of this EULA or are likely to breach the terms of this EULA we may take action to protect ourselves, our licensors, service providers and third parties from liability, including but not limited to: 

    • 9.2.1 contacting relevant third parties and disclosing information collected from you or concerning you;

    • 9.2.2 changing, suspending, removing, or disabling access to the Licensed Application or any Services without notice; or 

    • 9.2.3 imposing limits on your use of or access to certain parts of the Licensed Application or any Services, and in no event will we be liable to you for any action taken pursuant to this clause. 

    • 9.3 You must permit us, our representatives and our nominees, at all reasonable times and on reasonable advance notice, to inspect and have access to any of your devices for the purposes of ensuring that the terms of this EULA have been complied with.

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9.4 WHERE YOU BREACH THE TERMS OF THIS EULA YOU SHALL ON DEMAND INDEMNIFY AND KEEP US INDEMNIFIED AGAINST ANY LOSS, COST, DAMAGE OR EXPENSE ARISING AS A RESULT OF THAT BREACH.

10 MAINTENANCE AND SUPPORT

  

  • 10.1 We do not undertake to maintain or support the Licensed Application.

  • 10.2 In the event that the Licensed Application is defective your rights are limited to replacement of the Licensed Application or the refund of the Price paid by you for the Licensed Application.

  • 10.3 Both we and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

11. ARMAGO PAYMENT SERVICES

Unless otherwise clearly stated, Armago payment processing services are provided by Tide and as such are subject to the Terms and conditions set by these organisations. By agreeing to the Terms of Service or continuing to use Armago for payment processing services, you also agree to be bound by their terms, which may be modified by from time to time. As a condition of Armago enabling payment processing services, you agree to provide Armago accurate and complete information about you and/or your business (if relevant), and you authorize Armago to share relevant information related to your use of the payment processing services.

11.1 ARMAGO PAYMENTS SERVICE ACCEPTABLE USE POLICY

 

You are solely and independently responsible for complying with all applicable local and national laws in all of your actions related to your use of Armago’s Payment service, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.

11.2 PROHIBITED ACTIVITIES

 

You may not use the Armago Payments service for activities that:

  • violate any laws, rules or regulations of the country within which you are collecting payments.. 

  • relate to sales of (a) narcotics, controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives regulated under applicable law. 

  • relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the following Money Service Business Activities: the sale of traveler's cheques or money orders, currency exchanges or cheque cashing, or (g) provide certain credit repair or debt settlement services. 

  • involves products or services identified by government agencies to have a high likelihood of being fraudulent. 

  • violates applicable laws or industry regulations regarding the sale of tobacco products or prescription drugs and devices. 

  • involve gambling, gaming and/or any other activity with an entry fee and a prize, including casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes.

 

11.3 FRAUD

 

While Armago takes every precaution to validate our users, establish their identity and eradicate any form of unacceptable behaviour, we are not responsible for creating and running the events listed on our platform and as such their listing on our platform does NOT constitute a warranty or guarantee of their legitimacy. We expect you to use common sense in attending and paying for events however if we find a game to be fraudulent we will refund the amount lost by each user subsequent to our own investigations. You are fully responsible for all and any other costs incurred attending said events and any risk associated with transferring money to other users (especially those who you do not know personally or have never previously met) and hereby indemnify us from any additional losses incurred (outwith the event cost) as a result. We will fully investigate and prosecute any illegal or unacceptable activity on our platform including co-conspirators.

12. EXPORT AND LEGAL COMPLIANCE

  • 12.1 You acknowledge that the Licensed Application may be made available through a service operated by or on behalf of an entity established in or operating from the United States of America. You acknowledge that the government of the United States of America prohibits export to certain countries and persons. You further acknowledge that additional restrictions may exist concerning export of the Licensed Application from your country of residence or the country where you download, install or use the Licensed Application.

  • 12.2 You undertake not to export or re-export the Licensed Application:

    • 12.2.1 into any country subject to a trade embargo;

    • 12.2.2 to any person to whom export is prohibited; 

    • 12.2.3 except as authorised by applicable law; - in the United States of America, the United Kingdom, your country of residence or the country in which you download, install or use the Licensed Application.

  • 12.3 You represent and warrant that you are not resident in or seeking to download, install or use the Licensed Application in any country: (a) subject to a trade embargo with the United States of America or the United Kingdom; and/or (b) that has been designated by the government of the United States of America as a ‘terrorist supporting’ country.

  • 12.4 You represent and warrant that you are not listed on any United States of America or United Kingdom government list of prohibited or restricted parties.

 

13. LIMITATION

 

  • 13.1 We shall use reasonable endeavours to ensure that the Licensed Application is of satisfactory quality and operates in accordance with its documentation. In the event of any failure of the Licensed Application to comply with any warranty which by law applies to the Licensed Application you may notify Apple who will refund the Price. To the maximum extent permitted by law Apple will have no other warranty obligation whatsoever with respect to the Licensed Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Licensed Application will be our sole responsibility. 

  • 13.2 We and not Apple are responsible for addressing any claims you may have relating to the Licensed Application and/or your possession of the Licensed Application, including without limitation: (a) product liability claims; (b) any claim that the Licensed Application fails to comply with any legal or regulatory requirement; and/or (c) claims arising under consumer protection or similar legislation. 

  • 13.3 We do not guarantee that any information or data made available through the Licensed Application is accurate, complete or error free. You undertake not to rely upon such information or data, nor to provide such information or data to any third party with a view to that third party relying upon such information or data. Any reliance you or any third party places upon such information or data is entirely at your (or their) own risk and you undertake not to hold us liable for any loss, cost, damage or expense incurred as a result of such reliance.

  • 13.4 We do not guarantee that the Licensed Application will be free of errors or defects or operate in an uninterrupted manner.

  • 13.5 We do not guarantee that the Licensed Application will not interfere with the performance or operation of the device upon which it is installed or other software installed thereon or peripherals connected thereto (and any software installed on said peripherals).

  • 13.6 We do not guarantee that the Licensed Application will be free of viruses or other malicious code. You acknowledge that you are solely responsible for making the necessary arrangements to protect your device and peripherals from infection from viruses and other forms of malicious code.

  • 13.7 We do not guarantee that the Licensed Application is suitable for any particular purpose or that it will meet your requirements, irrespective of whether that purpose or those requirements are known to us.

  • 13.8 Other than as expressly stated hereunder we exclude all guarantees, warranties, conditions and representations whether express or implied to the extent permissible by law. 

 

14. LIABILITY

 

  • 14.1 In no event shall we be liable to you for: 

    • 14.1.1 death or personal injury (except where arising due to our negligence);

    • 14.1.2 any loss, cost, damage or expense not considered likely to arise at the date of your agreeing to the terms of this EULA;

    • 14.1.3 any incidental, special, indirect or consequential loss, cost, damage or expense; or

    • 14.1.4 loss of profits, loss of data, business interruption or any other commercial damages or losses; - regardless of the basis for such liability, whether under contract, delict, tort or otherwise, and even if we have been advised of the possibility of such liability.

  • 14.2 In any event should we be liable to you our liability shall be limited to the Price paid by you for the Licensed Application.

 

15. TERMINATION

  • 15.1 This EULA shall remain in effect until terminated in accordance with its terms.

  • 15.2 You shall have the right to terminate this EULA by notice to us at markrhbushby@outlook.com. Your right to refund of any Price paid shall be dealt with in accordance with the Other Terms.

  • 15.3 We shall have the right to terminate this EULA where you breach the terms of this EULA.

  • 15.4 In the event this EULA terminates all rights you have under this EULA shall also terminate, including your right to use the Licensed Application. In this event you must delete or otherwise destroy all copies of the Licensed Application you have.

  • 15.5 In the event that this EULA terminates certain of the obligations in this EULA shall remain binding upon you. These are the obligations contained in clauses 2.6, 2.9, 3.1, 3.4, 5, 9, 11, 13.7, 14, 17.1, 17.2, 17.4, 17.5, 17.6 and 18.

 

16. COMMERCIAL ITEMS

  • 16.1 References in this clause to particular laws are to the laws of the United States of America.

  • 16.2 The Licensed Application is a ‘Commercial Item’, as that term is defined at 48 C.F.R. ß2.101, consisting of ‘Commercial Computer Software’ and ‘Commercial Computer Software Documentation’, as such terms are used in 48 C.F.R. ß12.212 or 48 C.F.R. ß227.7202, as applicable. Consistent with 48 C.F.R. ß12.212 or 48 C.F.R. ß227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to United States of America government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to this EULA. Unpublished rights are reserved under the copyright laws of the United States of America. 

 

17. GENERAL

  • 17.1 You may not transfer or otherwise dispose of any of your rights or obligations arising under this EULA without our prior written consent.

  • 17.2 We may sublicence, rent, lease, transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under this EULA at any time.

  • 17.3 We will not be liable for any failure to perform any obligation under this EULA due to causes beyond our reasonable control. 

  • 17.4 We and you both acknowledge that Apple and its subsidiaries are third party beneficiaries of this EULA and upon your acceptance of this EULA Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you. Otherwise this EULA does not confer any rights on any person other than you and us.

  • 17.5 If we fail at any time to insist upon strict performance of any of your obligations under this EULA, or if we fail to exercise any of the rights or remedies to which we are entitled under this EULA, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

  • 17.6 If any term, condition or provision of this EULA is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law. 

  • 17.7 We will communicate with you in English only. You agree that we may provide a notice to you by emailing it to the email address provided by you when registering to access the Apple, Inc. App Store. Such notices shall be deemed to have been received by you on the expiry of a period of twenty four (24) hours from the point in time they are emailed to you.

  • 17.8 Except as expressly stated under this EULA you may only notify us in connection with any matter relating to this EULA at markrhbushby@outlook.com. Any notification shall be deemed to have been received by us on the expiry of a period of seventy two (72) hours. For the purposes of determining this period all weekends and public holidays in England shall be excluded.

 

18. APPLICABLE LAWS

  • 18.1 The laws of England govern this EULA and your downloading, installation and / or use of the Licensed Application. 

  • 18.2 This EULA and your downloading, installation and / or use of the Licensed Application may also be subject to other local, national, or international laws. 

  • 18.3 You submit to the non-exclusive jurisdiction of the Courts in England in connection with any dispute arising in relation to this EULA or the Licensed Application.

 

CHANGES

We may change the terms of this Privacy Policy from time to time. Any changes will be notified to the user as part of any future App update.