TERMS AND CONDITIONS

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE APP AND/OR WEBSITES

These terms of use (the “Terms”) are a legal agreement between you (“you”) and ZOBI-WAN LIMITED of 2 Church St, Burnham, Slough, Buckinghamshire SL1 7HZ, company number: 10204055 (“ZOBI-WAN”, “us”, or “we”) in respect of your use of the MyChoicePad app (the “App”) or the MyChoicePad website (together, the “Websites”).

By downloading and installing the App onto your device, accessing or using the Websites, and/or registering for an account, you agree to these Terms. If you do not agree to these Terms, we do not grant you permission to use the App or Websites and you must uninstall the App from your device and not make any use of the Websites or the App.

These Terms also apply to any updates or supplements to the App and/or Websites, unless they come with separate terms, in which case those terms apply.

These Terms are only available in the English language. You should also print a copy of these Terms for your future reference.

  1. YOUR ACCESS TO THE APP / WEBSITE

    Your use of the App under these Terms is also subject to any terms, rules or policies of any app store provider and/or operator (“App Store Provider”) from whom you have downloaded the App (“App Store Terms”). You may download and install the App only through authorised App Store Providers. In the event of any conflict between these Terms and any App Store Terms, the App Store Terms will prevail. You and we acknowledge and agree that the relevant App Store Provider is a third party beneficiary under these Terms and will have the right to enforce these Terms against you directly.

    We and our service providers are responsible for any maintenance and support of the App and you acknowledge that any App Store Provider from whom you download the App is not under any obligation to you to carry out any maintenance and/or support for the App itself. We are under no obligation to carry out maintenance and/or support of the App and do so entirely at our discretion.

    From time to time we may issue updates to the App. Depending on the update, you may not be able to use the App until you have downloaded and installed the latest version of the App and accepted any new terms. Some updates may not be available to certain models of device. In order to use the App, you may be required to obtain certain updates and/or upgrades to your device. You are responsible for any costs and/or fees associated with any such updates/upgrades. You also understand and accept that: (a) the device you use to access the App will require certain software in order for the App to work correctly and it is your responsibility to ensure that you have the required up-to-date software, and (b) the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the functionality of the App meets your requirements.

    You may only download and install the App onto a device that you own, or if you do not own the device, you must have the permission from the owner(s) to do so. You accept responsibility under these Terms for the use of the App, whether or not you own the device onto which the App is downloaded and installed. You also acknowledge that the owner(s) of the device onto which the App is installed may be charged by any relevant mobile network operator and/or internet service provider in relation to any data and/or mobile connectivity used by the App.

    Access to the App and/or Websites may be suspended temporarily and without notice: (a) in the case of system failure, (b) for maintenance or repair, (c) where we reasonably suspect there has been a breach of these Terms, (d) for reasons outside of our control, or (e) as otherwise explained in these Terms.

  2. PERMITTED USE AND RESTRICTIONS

    In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence (i.e. permission) to use the App and Websites subject to these Terms. We reserve all other rights, which are not granted in these Terms. Unless registered as an organisation user, you may view, use and display the App and Websites for your personal purposes only.

    The Makaton symbols, graphics and video clips in the App are the property of The Makaton Charity, and MyChoicePad has a licence to use these symbols, graphics and video clips in the App.

    Except as explained in these Terms or as permitted by any local law, you agree: (a) not to copy the App or Websites except where such copying is incidental to normal use, or where it is necessary for the purpose of back-up, (b) not to rent, lease, sub-license (i.e. grant anyone else the permission to use), loan, translate, merge, adapt, vary or modify the App or Websites (or any part of it), (c) not to, nor attempt to, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or Websites, and (d) not to provide or otherwise make available the App or Websites in whole or in part in any form to any person without prior written consent from us.

    You must not use the App or Websites: (a) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or Websites or any operating system used by the App or Websites, (b) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, (c) to collect or harvest any information or data from the App or Websites or our systems or attempt to decipher any transmissions to or from the servers running the App or Websites, (d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, or (e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

  3. FEES AND REFUND POLICY

    We offer a range of payment options to use the App and you may be required to pay either a subscription fee or a fixed fee (“Fee”) when you purchase the App through the MyChoicePad website. The Fees are explained in detail on the MyChoicePad website. Our Fees may change at any time and we will notify you if any such change affects your use of the App. All Fees are due at the time you register for an account on the MyChoicePad website and/or download the App using the methods of payment available during the submission process.

    If you are an organisation, you may cancel your account at any time however all Fees paid by you are non-refundable.

    If you register to use the App through the MyChoicePad website and you are an individual acting as a consumer, you have a legal right to cancel your order within 14 days from completion of your purchase by: (i) informing us at hello@mychoicepad.com; (ii) completing the cancellation form below and returning it to us; or (iii) making any other clear statement to us. We will reimburse you for any Fees paid by you to use the App up to the date of cancellation. Any refunds will be made to the account or debit or credit card from which the Fees are taken; in any event you will not incur any fees as a result of the reimbursement.

    In addition to your legal right above, you may cancel your account at anytime. However if you cancel after expiry of a free trial period (see below), you will not receive a refund for any Fees paid after expiry of your free trial other than as described above.

    We may offer new subscribers an initial free trial to use the App. In such cases, users will get free access to the App as part of their subscription for the duration of the free trial period. At the end of the free trial period, you may either cancel your subscription or we will begin to take payment for your subscription.

    If we offer a free trial period, it will start when you register for an account and will continue for between 7 and 14 days up to and including the day before your first payment falls due. We will inform you of the date of your first payment. A free trial period will expire as described above irrespective of whether you have accessed any content during the free trial period.

    We may delete or cancel your order and/or limit your ability to use the App and/or Websites immediately at our reasonable discretion if we determine you have breached these Terms, including if we do not receive a payment when due from you.

    Model cancellation form:

    To ZOBI-WAN, 707 THE CRESCENT, 2 SEAGER PLACE, LONDON SE8 4HQ
    I hereby give notice that I withdraw from my contract for the following: [INSERT ORDER DETAILS]
    Ordered on [INSERT DATE] / received on [INSERT DATE]
    [INSERT NAME OF CUNSUMER]
    [INSERT ADDRESS OF CUNSUMER]
    [INSERT DATE]

    If you have purchased the App through an App Store Provider and you wish to cancel your subscription, you will need to do so in accordance with the App Store Terms.

  4. YOUR PROMISES TO US

    You promise to us that: (a) you are authorised to agree to these Terms, and (b) any use of the App or Websites you make shall be entirely at your own risk.

  5. PRIVACY

    These Terms also incorporate the terms of our privacy policy which contains our cookie policy (as updated from time to time), both of which are available from within the App and on our Websites at www.mychoicepad.com (the “Privacy Policy” and the “Cookie Policy”, collectively the “Policies”) unless any element of the App and/or Websites is subject to a separate privacy policy, which we notify to you.

    By agreeing to these Terms, you are also agreeing to the Policies and you consent to (i) the processing of your personal information as explained in the Privacy Policy and (ii) the collection of information from your device or computer as explained in the Policies.

  6. INTELLECTUAL PROPERTY RIGHTS

    You acknowledge that all intellectual property rights in the App and Websites anywhere in the world belong to us or our licensors, that rights in the App and Websites are licensed (not sold) to you, and that you have no rights in, or to, the App or Websites other than the right to use them in accordance with these Terms.

    In the event that anyone brings a claim that the App or Websites or any part of either of them, or your possession and/or use, infringes a third party’s intellectual property rights, we (and not any third party App Store Provider) shall be responsible for the investigation, defence, settlement and discharge of any such claim.

  7. THIRD PARTY SITES AND SERVICES

    The App and Websites may contains links to third party websites and services including through advertising and social media tools and widgets such as those provided by Facebook and Twitter (“Third Party Sites and Services”). The links to these Third Party Sites and Services are provided for your convenience only. You acknowledge that we have no control over the Third Party Sites and Services (including the failure of any links to them) and are not responsible for their contents and/or availability.

    We do not endorse the content or other material contained in the Third Party Sites and Services and have no association with their operators. Your use of any Third Party Sites will be governed by their terms and conditions and privacy policies (if any) (“Third Party Terms”). It is your responsibility to read the Third Party Terms. If you do not understand or agree to be bound by any Third Party Terms, you should not use any Third Party Sites.

  8. USER CONTENT

    Whenever you make use of a feature that allows you to upload any content such as any text, audio, video, image or other content via the App or Websites (“User Content”), or to share any User Content with other users of the App or Websites, you promise that any such User Content: (a) will not be defamatory, obscene, offensive or otherwise objectionable, (b) will not infringe the intellectual property rights (such as copyright) or other rights (such as privacy or confidentiality) of any third party, (c) will comply with applicable law in the UK and in any country from which it is posted, (d) will not promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (e) will not be likely to deceive any person, (f) will not be threatening, abusive or cause annoyance, inconvenience or needless anxiety, (g) will not be likely to harass, upset, embarrass, alarm or annoy any other person, (h) will not impersonate any person, or misrepresent your identity or affiliation with any person, (i) will not give the impression that it emanates from us, if this is not the case, and (j) will not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

    You acknowledge that any User Content you upload could pose us a significant risk if it breaches these Terms, and you therefore, to the extent permitted by law, agree to compensate us for any loss we suffer if anyone makes a claim against us due to any of your User Content or your use of the App and/or Websites. We will not be responsible, or liable to any third party, for any User Content submitted by you or any other user of the App or Websites.

    Any User Content you upload to the App or Websites and any feedback or suggestions you provide to us regarding the App or Websites will be considered confidential, and we will only use such information in accordance with our Privacy Policy. Whilst we may not actively monitor any User Content, we have the right (but are under no obligation) to remove any User Content if, in our opinion, it is in breach of these Terms or is otherwise inappropriate.

  9. ADDITIONAL ORGANISATION USER TERMS

    The paragraphs in this section outline additional terms that apply to organisations that use the App or Websites.

    Organisation Account

    In order to use the App or Websites as an organisation, you will need to create an organisation account by signing up as an organisation and choosing a unique username and password which will enable you to access the organisation-only areas of the App. You must treat these user credentials as confidential and must not disclose them to any third party. An organisation account may only be created and administered by an authorised representative of the organisation.

    Licence to use organisation name, trademarks, logos

    You agree that we may use your name, trademarks and logos (“IP Rights”) for the purpose of providing the App and Websites.

    Additionally, you agree that we may mention you as a reference customer in our marketing materials (such as, but not limited to, online advertising, leaflets and newsletters) and that we may use your IP Rights for this purpose. You further agree that we may use your User Content (as defined below) in our marketing materials and you confirm that you have obtained all relevant rights and permissions in relation to such User Content to enable us to do so.

    Third Parties

    You agree that you will only upload personal information about an individual, for example a photo of such individual, when you have first obtained their express consent.

  10. DISCLAIMER AND LIMITATION OF LIABILITY

    We provide the App or Websites on an “as is” and “as available” basis. We make no guarantee that the App or Websites will be uninterrupted, error free, or free from viruses or other harmful components. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content in the App or Websites is accurate, complete or up-to-date. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply to the App or Websites, whether express or implied.

    For individual users, we only supply the App and Websites for domestic, personal and private use. As a non-business user, you agree not to use the App or Websites for any commercial, business or resale purposes. Business users agree not to use the App or Websites to conclude any online sales and both individual and business users agree that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We also do not accept any liability or responsibility for any loss (howsoever caused) arising out of or in connection with: (a) any damage to your device, or (b) any reliance placed on any content displayed on the App or Websites.

    Our maximum total liability under or in connection with these Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £10.

    Nothing in these Terms will limit or exclude our liability for: (a) death or personal injury resulting from our negligence, (b) fraud or fraudulent misrepresentation, and/or (c) any other liability that cannot be excluded or limited by English law. Furthermore, nothing in these Terms restricts your legal rights as a consumer.

  11. TERMINATION

    We may terminate these Terms and your permission to use the App and/or Websites immediately if: (a) you commit any breach of these Terms, (b) we discontinue the App and/or Websites, or (c) we are prevented from providing the App and/or Websites for any reason.

    Furthermore, we reserve the right to change, edit, suspend delete and/or cancel any part of the App and/or Websites and/or your access to it at any time with or without notice to you: (a) if required by law, (b) due to an event beyond our control, or (c) as a result of changes, cancellations or revocation of approval by any applicable App Store Provider.

    On termination of these Terms for any reason: (a) all rights granted to you under these Terms will immediately cease, (b) you must immediately cease all activities authorised by these Terms (including your use of the App and Websites), (c) you must immediately uninstall and remove the App from your device(s), and (d) you acknowledge that we may restrict your access to the App and/or remove it from your device.

  12. COMMUNICATION BETWEEN US

    If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by e-mail using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we will do so by e-mail using the contact details you provide to us.

  13. OTHER IMPORTANT TERMS

    We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.

    If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

    Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. Other than as expressly set out in these Terms, no one other than you and us is intended to have any right or ability to enforce any of the provisions of these Terms.

    These Terms are governed by English law and the courts of England and Wales will have exclusive jurisdiction.

    These Terms were last updated on 23rd September 2015.

  14. CHANGES TO TERMS

    We may change these Terms at any time. Your continued access or use of the App and/or Websites after such a change signifies your acceptance of the updated or modified Terms. We may email registered users about any material changes to the Terms and we may notify you of a change to these Terms when you next start the App and/or use the Websites. The new terms may be displayed on-screen via the App or on the Websites and you may be required to agree to them to continue your use of the App and/or Websites. The date these Terms were last updated appears at the bottom of these Terms.

  15. ABOUT US

    ZOBI-WAN
    Registered Office Address: 2 Church St, Burnham, Slough, Buckinghamshire SL1 7HZ
    Company No: 10204055
    Contact email address: hello@mychoicepad.com
    These Terms were last updated on: 1st August 2017