Mobile App T&Cs
Contents
BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE “REJECT” BUTTON BELOW.
Zorbee Ltd a company registered in England with company number 16119773 and whose registered address is Sigma House, Oak View Close, Torquay, England TQ2 7FF (We), grant you the right to use [ZORBEE APP] mobile application software, including the content, information, and features provided within the app, and any updates or supplements to it (App), on the terms and conditions set out below.
1. Your Privacy
We are required to provide you with certain information including who We are, how We process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in [PRIVACY POLICY LINK] and it is important that you read that information.
2. Other Terms
The following documents also form part of these terms:
- Our Cookie Policy [COOKIE POLICY LINK], which sets out information about the cookies used by the App.
- Our General Terms and Conditions [LINK WEBSITE TERMS].
If you purchase services using the App (Services), our General Terms and Conditions will apply to the sales.
3. Additional Services
The services set out below will be governed by the following payment terms and cancellation policies:
Service | Payment Terms | Cancellation Policy |
[DESCRIPTION OF SERVICE] | [WEB ADDRESSES OF TERMS OF USE] | [WEB ADDRESS OF PRIVACY POLICY] |
[DESCRIPTION OF SERVICE] | [WEB ADDRESSES OF TERMS OF USE] | [WEB ADDRESS OF PRIVACY POLICY] |
OUR APP IS LIMITED TO INTRODUCTORY SERVICES AND SECURE PAYMENT FACILITATION ONLY. WE DO NOT PROIVDE MEDICAL OR HEALTHCARE ADVICE NOR ANY OTHER RELATED SERVICES. PLEASE REFER TO CLAUSE 12 FOR MORE INFORMATION.
4. Appstore
The way in which you can use the App may be controlled by separate Appstore rules and policies. If there are differences between the two, the Appstore rules and policies will apply instead of these terms. We may change the Appstore we use from time to time. It is your responsibility to check and comply with the Appstore rules and policies.
5. Support
If you want to learn more about the App or the Services, or need any support using them, or think that they are faulty, or wish to contact us for any other reason, please email our customer service team at [info@zorbee.co.uk] or [use the Chat feature on our website]. We will get back to you as soon as possible.
6. Usage
In return for you agreeing to comply with these terms you may:
- Download a copy of the App onto your mobile device and view, use and display the App on such devices for your personal purposes only.
- Use any content, information and features to support your permitted use of the App.
- Receive and use any free supplementary software code or update of the App incorporating bug fixes and corrections of errors as We may provide to you.
7. Amending These Terms
We may need to change these terms for several reasons including to deal with additional features or updates, or to reflect changes in law. We will notify you of any material changes to these terms when you next start the App. If you do not accept the notified changes, you may not be permitted to continue using the App or the Services.
8. Updates
We may automatically update the App to improve performance, enhance functionality, reflect changes to operating systems or address security issues, We may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App or the Services.
9. Your Responsibility
You agree that you alone will:
- be responsible for complying with these terms, whether or not you own the phone or other device that uses the App;
- be responsible for selecting and purchasing any Services based on your personal and individual requirements;
- be responsible for consulting with your doctor or similar professional verify any medical, healthcare or similar advice you receive as part of the Services;
- be responsible for accessing links to other independent websites on our App which are not provided by us and therefore not under our control;
- make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them;
- check that the facilities and functions of the App meet your individual requirements, acknowledging that the App has not been designed for you personally; and
- remove the App from your device if you are selling or otherwise disposing of it.
10. Restrictions
You agree that you will:
- only download and use the App if you are at least 18 years old;
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
- not copy any part of the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things;
- not transfer your rights or obligations under these terms to another person without our express consent; and
- comply with all applicable laws and regulations that apply to the App.
You must not:
- transfer the App to someone else, whether for money, for anything else or for free.
- use the App 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, or harmful data, into the App, or any operating system;
- infringe our intellectual property rights or those of any third party in relation to your use of the App to the extent that such use is not licensed by these terms;
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
- use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- collect or harvest any information or data from the App to attempt to decipher any transmissions to or from the servers running any Service.
11. Ip Rights
All intellectual property rights in the App belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these terms.
12. Our Liability
IN NO EVENT SHALL ZORBEE LTD BE LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM OR RELATED TO: YOUR USE OF OR INABILITY TO USE THE APP OR ANY CONTENT PROVIDED THEREIN; TRANSACTIONS OR INTERACTIONS BETWEEN USERS, INCLUDING BUT NOT LIMITED TO PROFESSIONAL SERVICE PROVIDERS; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS; ANY ERRORS, DEFECTS, BUGS, OR TECHNICAL MALFUNCTIONS OF THE APP OR RELATED SERVICES; THIRD-PARTY CONTENT, LINKS, OR SERVICES MADE AVAILABLE THROUGH THE APP; LOSS OR DAMAGE RESULTING FROM CYBERSECURITY BREACHES, HACKING, VIRUSES, OR OTHER UNAUTHORIZED ACCESS; YOUR BREACH OF THESE TERMS; AND EVENTS OUTSIDE OF OUR CONTROL.
OUR LIABILITY TO YOU, WHETHER DIRECT OR INDIRECT, SHALL NEVER EXCEED THE FEES PAID BY YOU TO US.
IMPORTANT PLEASE READ: THE APP IS PROVIDED FOR GENERAL INFORMATION AND LIMITED PURPOSES ONLY. THEY DO NOT OFFER ANY ADVICE, INCLUDING MEDICAL OR HEALTHCARE ADVICE, ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN INDEPENDENT PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF INFORMATION OBTAINED FROM THE APP. ALTHOUGH WE MAKE REASONABLE EFFORTS TO UPDATE THE INFORMATION PROVIDED BY THE APP, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT SUCH INFORMATION IS ACCURATE, COMPLETE OR UP TO DATE.
13. Our Rights
We may end your rights to use the App at any time by contacting you if We believe you have breached these terms. If We end your rights to use the App:
- You must stop all activities authorised by these terms, including your use of the App and any related services.
- 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.
- We may remotely access your devices and remove the App from them and cease providing you with access to the related services.
We may transfer our rights and obligations under these terms to another organisation. We will attempt to tell you in writing if this happens and We will use reasonable efforts to ensure that the transfer will not affect your rights.
14. Warranties
You understand that in relation to the App and any related services:
- they are provided on an “as is” and “as available” basis;
- We make no representation, guarantees, or warranties; and
- We make no guarantees about their performance, including whether they will be fit for any particular purpose, uninterrupted, or error-free.
15. General
- These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.
- Each paragraph of these terms operates separately. If a court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- A delay in enforcement shall not prevent us from enforcing these terms later.
16. Governing Law
- These terms shall be governed and interpreted in accordance with English law.
- Regardless of your place of residence, any legal proceedings relating to these terms may only be brought in the English courts.
- Legal proceedings shall be used only as a last resort after exhausting the complaints procedure and alternative dispute resolution (ADR) process outlined below.
17. Disputes
- An any complaint or dispute arising from these terms, the app, or the services must first be addressed through our internal complaints procedure. You may initiate this process by contacting us and providing sufficient details, allowing us up to 14 days to resolve the issue.
- If you are dissatisfied with our response or the resolution process, you may escalate the dispute to the ADR provider We work with.
- Any dispute arising out of or in connection with this contract, including questions about its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration (LCIA).