PLEASE READ THESE LICENCE TERMS CAREFULLY. BY BUYING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT BUY THE APP.
1 Who we are and what this agreement does
1.1 We, Mobilise Technology Ltd, of Office 103, 63 St Mary Axe London, EC3A 8AA (with company registration number: 10232580) licence you to use:
1.1.1 Mobilise Hotspots v1.0.8 mobile application software (the “App”) and any updates or supplements to it.
1.1.2 The related online documentation (the “Documentation”).
1.1.3 The services you connect to via the App (the “Services”).
as permitted in these terms.
2 Your privacy
2.1 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3 Google Play Store’s terms also apply
The ways in which you can use the App and Documentation may also be controlled by the Google Play Store’s rules and policies (found here: https://play.google.com/intl/en_uk/about/play-terms.html).
4 Use of the App and the Services
4.1 In return for your agreeing to comply with these terms you may:
4.1.1 download a copy of the App onto 5 devices (running Android 4.1 or later) and view, use and display the App and the Services on such devices;
4.1.2 use the Documentation to support your permitted use of the App and the Services;
4.1.3 receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
4.2 You are responsible for making sure any equipment you use to access the App is:
4.2.1 suitable for use with the App and the Services;
4.2.2 adequately protected against external threats (including but not limited to viruses, worms, trojans); and
4.2.3 meets any instructions for its use.
4.3 Except to the extent expressly permitted by these terms, you must not re-sell, re-distribute, transfer, assign or sub-licence the App or the Services (or any part of them) or any associated software to any third parties without our prior written consent.
4.4 You agree that you will:
4.4.1 not rent, lease, sub-licence, loan, provide, or otherwise make available the App or the Services in any form, in whole or in part to any person without our prior written consent;
4.4.2 not copy the App, the Documentation or the Services except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
4.4.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, the Documentation or the Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
4.4.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things; and
4.4.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or the Services.
4.5 You must not use the App or the Services:
4.5.1 in any way that does not comply with the terms of any legislation, statute, ordinance, regulation or any licence applicable to you;
4.5.2 in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses (including for example trojan horses, worms, time bombs, cancelbots, chain letters or other similar harmful or deleterious programming routines) or harmful data, into the Services or any operating system;
4.5.3 to transmit any material that is defamatory, offensive, pornographic, obscene or otherwise objectionable;
4.5.4 in any way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
4.5.5 in any way that infringes on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
4.5.6 in any way that violates any applicable law, statute, ordinance or regulation (including but not limited to those regarding export control);
4.5.7 in any way that would result in the unauthorised entry to any other machine accessible via the network.
4.6 You must be 18 or over to accept these terms and buy the App.
5 Collection of data and information
5.1 By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to import equipment our products and to provide any of the Services to you.
5.2 We may collect location data sent from your devices. You can opt out of this by sending a request to firstname.lastname@example.org. If you use the Services, you consent to us and our affiliates’ and licensees transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.
6.1 If you think the App or the Services are faulty or wish to contact us for any other reason please email our customer service team at email@example.com.
6.2 If we have to contact you we will do so by email or by SMS using the contact details you have provided to us.
7 Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will try to give you notice of the changes before they take place but it may not be possible to give you advance notice.
8 Intellectual property rights
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
9 Disclaimer of warranties
9.1 You acknowledge that we do not exercise any control over the information transmitted through our systems. You acknowledge that access to the internet as part of the App and Services is provided on as “as-is” basis. Using the internet is at your own risk.
9.2 Notwithstanding anything else in these terms, to the maximum extent permitted by applicable law, the App and the Services are provided on an “as is” and “as available” basis, and we disclaim and make no representations or warranties and there are no conditions of any kind, either express, implied or statutory, including but not limited to any warranties of non-interference, merchantability, fitness for a particular purpose or use, or arising from course of dealing or usage of trade, or that the App or the Services will be uninterrupted or error-free. Any statements made in any packaging, manuals, written or electronic documents, or by any of our employees, representatives, or agents are provided for informational purposes only and not as representations or warranties of any kind.
9.3 We do not warrant that the App or the Services will be uninterrupted, error free, or free from service degradation, or that any information, software, or other material accessible on the the App or the Services are free from viruses, worms, trojan horses, or other code that manifests contaminating, interfering, or destructive properties. We cannot and do not guarantee the security or integrity of data transmission or storage, or that viruses, worms, trojan horses, or other code that manifests contaminating or destructive properties will be detected or remediated by App or the Services.
9.4 We do not guarantee that the App or the Services will be compatible with your equipment, any software that you may use or your communications network. We cannot guarantee performance of the internet or that you will be able to use the internet.
9.5 You are responsible for all use of the App and the Services through your mobile device and for any breach of these terms whether an unacceptable use occurs or is attempted, whether you knew or show have known about it, whether or not you carried out or attempted the unacceptable use alone, contributed to it or acted with others or allowed any unacceptable use to occur by omission.
9.6 Due to the nature of the App and the Services, you accept that we cannot guarantee the security of the services against unlawful access or use. You should make sure that you have adequate security to prevent unlawful access to or use of the App and the Services, access to your computing equipment or disclosure of confidential information.
9.7 You agree to use the Services at your own risk.
9.8 The App and the Services are only available within the coverage area of the Mobilise network (the multi-technology mobile access network which includes mobile broadband, WiFi and ethernet services), which is subject to change. You acknowledge that the App and the Services may be temporarily unavailable for maintenance, equipment modifications, or upgrades, and for other reasons within and without our direct control.
9.9 The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Services. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
10 Limitation of liability
10.1 Neither you nor we exclude or restrict your or our liability for death or personal injury caused by your or our own negligence or the negligence of our employees or agents acting in the course of their employment or agency, or for fraudulent misrepresentation, or to any extent not permitted by law.
10.2 We are not liable to pay damages if anyone else, other than you or us with your permission:
10.2.1 gains access to your copy of the App or connection to the Services; or
10.2.2 gains access to, destroys or distorts any data or information held by you or about you by us.
10.3 To the maximum extent permitted by applicable law, in no event shall we be liable for any special, indirect or consequential loss (such as loss of profits, business, costs, expenses or any other form of economic loss), or for or for interrupted communications, lost data or lost profits, arising out of or in connection with the App or the Services.
10.4 You shall at all times be under a duty to mitigate any losses suffered by you.
10.5 You accept that we do not have any control over information you transmit through the App or the Services and that we do not examine the use to which you put the App or the Services or the nature of the information you send or receive. We have no obligation to compensate you for losses you may incur from such information and such use, and you acknowledge that we are not responsible for any of your activities when using the App or the Services.
10.6 We do not warrant, nor assume responsibility for, any losses suffered by any person as a result of you accessing the internet including, without limitation, those suffered as a result of accessing internet information and content such as, by way of example only, the possibility of contracting computer viruses or accessing information with offensive, inaccurate or inappropriate content.
10.7 These terms are not intended to and do not change or exclude any statutory consumer rights that cannot be lawfully changed or excluded.
10.8 The App and the Services may contain links to other independent websites which are not provided us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgment about whether to use any such independent sites, including whether to buy any products or services offered by them.
11 Breach of these terms
11.1 You acknowledge that we may end your rights to use the App and the Services at any time if you breach these terms. If what you have done can be put right we will give you a reasonable opportunity to do so
11.2 If we end your rights to use the App and the Services:
11.2.1 you must stop all activities authorised by these terms, including your use of the App and the Services;
11.2.2 you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this;
11.2.3 we may remotely access your devices and remove the App from them and cease providing you with access to the Services.
You agree to indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of your use of the App or the Services, your violation of these terms, your violation or any applicable laws, or your violation of any rights of another person or entity. You are solely responsible for compliance with any agreements which you have executed with third parties.
13.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.
13.2 You may only transfer your rights or obligations under these terms to another person if we agree in writing.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them unlawful, the remaining paragraphs will remain in full force and effect.
15 Governing law and jurisdiction
15.1 These terms are governed by English law.
15.2 You and we agree to submit to the exclusive jurisdiction of the courts of England and Wales as regards any claim, dispute or matter arising out of or in connection with these terms.
16 Entire agreement
16.1 These terms (and any document referred to in it) constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.
16.2 Nothing in this paragraph 16 shall limit or exclude any liability for fraud.
17 Third party rights
These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term herein.
18 No waiver
Any failure or delay by us in exercising or enforcing any rights or benefits granted by these terms will not be deemed to be a waiver of any such right or benefit; nor will it prevent us from exercising or enforcing any such right or benefit or any other right or benefit on any other occasion.