The Fan Area, operating as JAFA, EULA
THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US AND WE RECOMMEND THAT YOU KEEP A COPY OF THEM.
1 Who we are and what this Agreement does
1.1 We are The Fan Area Limited (company number 10334837), operating as JAFA, and our address is Seebeck House, 1 Seebeck Place, Milton Keynes MK5 8FR (referred to as "we" or "us" or "our"). We are the providers of the JAFA mobile application software (referred to as the "App"), which allows you to use:
1.1.1 the App and any updates or supplements to it;
1.1.2 the related electronic documentation ("Documentation"); and
1.1.3 the service you connect to via the App and the content we provide to you through it (“Service”)
as permitted in these terms.
1.2 A reference to "you" or "your" is a reference to a user of our App or any of our Services.
2 Introduction
2.1 By downloading the App from any of our approved appstore providers (referred to as an "Appstore") and continuing to use our App, you agree to be bound by these Terms and agree to the terms of our The Fan Area Privacy Policy, which are incorporated by reference in these Terms. Any reference to the "Terms" shall be a reference to these Terms of Use and The Fan Area Privacy Policy.
2.2 Please read these Terms carefully before you download or start to use our App. If you do not agree to be bound by these Terms, we will not license the App to you and you must not download or use this App.
2.3 In consideration of you agreeing to abide by these Terms, we grant to you a non-transferable, non-exclusive licence to download and use the App on any compatible device (referred to as a "Device") subject to these Terms and any conditions, rules or policies applied by any Appstore.
2.4 These Terms apply to the App or any of the services accessible through the App, including any updates or supplements to the App or any Service, 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 these Terms.
2.5 We do not sell the App to you. We remain the owners of the App at all times. We reserve all rights in the App.
2.6 If you are not the owner of the Device, you confirm that you have permission from the owner(s) to download the App onto the Device. You and they may be charged by your and their service providers for internet access on the Device. You accept responsibility in accordance with these Terms for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
3 Your privacy
3.1 We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy.
3.2 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.
4 APPLE’S APP STORE TERMS ALSO APPLY
4.1 The ways in which you can use the App and Documentation may also be controlled by any of our approved appstore providers’ (referred to as an "Appstore") rules and policies, depending on which platform the App has been downloaded
5 Support for the App and how to tell us about problems
5.1 Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at [email protected].
5.2 How we will communicate with you. If we have to contact you we will do so by email, or in-app notification , using the contact details you have provided to us.
6 How you may use the App, including how many devices you may use it on
6.1 In return for your agreeing to comply with these terms you may:
6.1.1 download or stream a copy of the App onto your device and view, use and display the App and the Service on such device for your personal purposes only;
6.1.2 provided you comply with the "LICENCE RESTRICTIONS", make up to 2 copies of the App for back-up purposes; and
6.1.3 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.
7 You must be 18 to accept these terms and buy the app
7.1 You must be 18 or over to accept these terms and download and use the App.
8 You may not transfer the App to someone else
8.1 We are giving you personally the right to use the App and the Service as set out above under "HOW YOU MAY USE THE APP" . You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
9 Changes to these terms
9.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
9.2 We will give you at least 30 days notice of any change by sending you an e-mail or in-app notification with details of the change or notifying you of a change when you next start the App.
9.3 If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
10 Update to the App and changes to the Service
10.1 From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
10.2 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 and the Services.
10.3 The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
11 If someone else owns the phone or device you are using
11.1 If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
12 We may collect technical data about your device
12.1 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 improve our products and to provide any Services to you.
13 We may collect location data (but you can turn location services off)
13.1 Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these 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 and road traffic-based products and services. You may stop us collecting such data at any time by turning off the location services settings.
14 We are not responsible for other websites you link to
14.1 The App or any Service may contain links to other independent websites which are not provided by 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).
14.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
15 Licence restrictions
15.1 Except as expressly set out in these Terms or as permitted by any local law, you agree:
15.1.1 not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
15.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
15.1.3 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;
15.1.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent you are permitted by law because of an essential need to achieve inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
15.1.5 is used only for the purpose of achieving inter-operability of the App with another software program;
15.1.6 is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
15.1.7 is not used to create any software that is substantially similar to the App;
15.1.8 to keep your copy of the App secure;
15.1.9 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
15.1.10 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.
16 Acceptable use restrictions
16.1 You must:
16.1.1 not use the App or any Service 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, any Service or any operating system;
16.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
16.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service or which;
16.1.3.1 promotes sexually explicit material, violence or illegal activity;
16.1.3.2 promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
16.1.3.3 is threatening, abusive or invades another’s privacy, or causes annoyance, inconvenience or needless anxiety or is likely to harass, upset, embarrass, alarm or annoy any other person;
16.1.3.4 is likely to deceive any person or is used to impersonate any person, or to misrepresent your identity or affiliation with any person;
16.1.3.5 infringes any copyright, database right or trade mark of any other person;
16.1.3.6 breaches of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; and/or
16.1.3.7 gives the impression that they emanate from us, if this is not the case.
16.1.4 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
16.1.5 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.
16.2 Failure to comply with these acceptable use restrictions constitutes a material breach of these terms of use, upon which you are permitted to use our App, and may result in our taking all or any of the following actions:
16.2.1 Immediate, temporary or permanent withdrawal of your right to use our App and any posting or material uploaded by you to our App.
16.2.2 Issue of a warning to you.
16.2.3 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach and we may take further legal action against you.
16.2.4 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
16.3 We exclude liability for actions taken in response to breaches of these acceptable use restrictions. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
17 Intellectual property rights
17.1 All intellectual property rights in the App, and the Services throughout the world belong to us 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 or the Services other than the right to use them in accordance with these terms.
18 Rights you are giving us to use the Content you upload or contribute to the App
18.1 You grant us an exclusive, royalty-free, worldwide, fully-paid, transferable licence (including the right to sub-licence) to:
18.1.1 modify, electronically reproduce and distribute, and publicly perform and display any material you upload, post or otherwise share on the App (“Content”);
18.1.2 reproduce and distribute through any media now known, or hereafter developed, excerpts of the Content in Advertisements for, and in marketing and promotional materials related to, the App; and
18.1.3 make derivative works, reproduce, publicly perform and display and distribute such derivative works in conjunction with the Content through the App, including in any media now known or hereafter developed.
19 Our responsibility for loss or damage suffered by you
19.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
19.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
19.3 When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
19.4 We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
19.5 Limitations to the App and the Services. 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 Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
19.6 Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
19.7 Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the Appstore site) meet your requirements.
19.8 We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
20 We may end your rights to use the App and the Services if you break these terms
20.1 We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
20.2 If we end your rights to use the App and Services:
20.2.1 You must stop all activities authorised by these terms, including your use of the App and any Services.
20.2.2 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.
20.2.3 We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
21 General
21.1 We may transfer this Agreement to someone else. 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 the contract. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
21.2 No third party rights. This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
21.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
21.4 Even if we delay in enforcing this contract, we can still enforce it later. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
21.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
21.6 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may contact the European Commission Online Dispute Resolution platform available here.