Discover what’s happening right now.
Manchester Walking Tours Mobile Application Terms and Conditions
PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP.
• Manchester Walking Tours mobile application software ("App")
We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator (Appstore) from whose site the End-user downloaded the App (Appstore Rules). We remain the owners of the App.
Operating system requirements This App requires an iPhone 4s upwards device with a minimum of 512 MB of memory, internet access and the iOS operating system version 7.
• If you do not agree to these terms, we will not license the App to you and you must stop the downloading or streaming process.
1. OUR AGREEMENT WITH YOU
1.1 The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
2. UPDATES TO THE APP, THE SERVICES, AND THIS EULA
2.1 We may change these terms at any time and the new terms shall be displayed on-screen and you may be required to read and accept them to continue your use of the Services. If you do not agree the changed terms you should stop using the App.
2.2 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
3. GETTING PERMISSION FROM DEVICE OWNERS
3.1 You must obtain permission from any owners of mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 6.2 (Devices) and onto which you download or stream a copy of the App. We are entitled to assume that if you download or stream a copy of the App you have that permission. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
4. HOW WE DEAL WITH YOUR PRIVATE INFORMATION
4.2 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
5. ACCESSING OTHER WEBSITES THROUGH THE APP
5.1 The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
6. YOUR RIGHT TO USE THE APP
6.2 You may download or stream a copy of the App onto hand held mobile devices running Apple iOS operating systems and view, use and display the App on the Devices for your personal purposes only.
7. THINGS YOU MAY NOT DO
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the App
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(e) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),
together Licence Restrictions.
8. ACCEPTABLE USE RESTRICTIONS
(a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including through the submission of any material;
(c) not transmit any material that is defamatory, offensive, objectionable, or unlawful in relation to your use of the App or any Service;
(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
9.2 You acknowledge that you have no right to have access to the App in source code form.
10. WHAT THE APP DOESN'T DO
10.1 The App is provided "as is" and without any promises or commitments of any kind and your use of the App is at your sole risk. That means you should not reply on the App for any particular purpose, to achieve any particular result, or to be available and fully operational at any particular time.
11. LIMITATION OF LIABILITY
11.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
11.2 We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes.
11.3 Because we do not charge for the App it would be reasonable for us not to have legal responsibility or liability to you in some circumstances. We will not be responsible or liable to you for any losses or damages you suffer from using the App, including if the App doesn't work, which we could not reasonably predict would arise out of your use of the App or the App not working (other than as explained in clause 11.3). That includes any loss of profit, loss of data, loss of business, business interruption, or loss of business opportunity. To the extent permitted by law if we are liable to you for any reason our maximum liability will be £25. We consider that is a reasonable amount taking account of the fact you do not pay for the App.
11.4 Nothing in this EULA (including clause 11.3) shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by English law.
12.1 We may terminate your use of the App and/or this EULA:
(a) if you commit a breach of this EULA;
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; or
(c) otherwise at any time without notice.
12.2 On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA, including your use of the App and any Services;
(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control;
13.1 If you wish to contact us in writing, you can send this to us by e-mail at firstname.lastname@example.org.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.
15. OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
15.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
15.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived 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.
15.4 Each of the conditions of this EULA 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.
15.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.