PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP FROM THIS WEBSITE.
This end-user licence agreement (EULA) is a legal agreement between you and Central Spark Limited, a company registered in England and Wales under company registration number 9141750 whose registered office is at Bishopton Rise, Bishopton, Ripon, England, HG4 2QL (we, us, our) for:
- the Spark mobile application software, the data supplied with the software, and the associated content, features and media (App); and
- all online documents provided or made available via the App store (as defined below) in connection with the App (Documents).
We license use of the App and Documents to you on the basis of this EULA and subject to any rules or policies applied by any app store provider or operator from whose site you downloaded the App (App Store) (App Store Rules). We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.
THE APP REQUIRES THE FOLLOWING:
A TYPE OF MOBILE TELEPHONE OR HANDHELD DEVICE (CURRENTLY IPHONE 4S AND ABOVE);
INTERNET ACCESS ENABLED ON THE DEVICE;
BLUETOOTH ENABLED ON THE DEVICE; AND.
IOS 7.1 OR LATER;
BY DOWNLOADING THE APP FROM THE APP STORE OR CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THE TERMS OF THIS EULA WHICH WILL BIND YOU. THE TERMS OF THE EULA
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MUST NOT DOWNLOAD THE APP OR ACCESS OR USE THE DOCUMENTS.
You should print a copy of this EULA for future reference.
Grant and scope of licence
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.
We may change these terms at any time by sending you an EMAIL with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App and the Services.
- From time to time updates to the App may be issued through the App Store. Depending on the update, you may not be able to use the App or the Services until you have downloaded the latest version of the App and accepted any new terms.
- You must sign-up to the App via your Facebook account. By taking this action, you give us permission to access any of your Facebook account information reasonably required by us for the purpose of running the App or providing the Services.
- You will be assumed to be the owner of, or to have obtained permission from the owners of, the mobile telephone or handheld devices that you use to download the App and to access and use the Documents (Devises). 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 your use of the App, the Documents or any Service on or in relation to any Device, whether or not it is owned by you.
- 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.
- 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.
- 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.
- Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
Your account, logins and passwords
download a copy of the App onto the Devices and view, use and display the App on the Devices for your personal purposes only; and
use the Documents for your personal purposes only.
You must keep your logins and passwords to access and use the App, the Services and your Spark account strictly confidential.
If you suspect that somebody else knows your login or password, you must notify us immediately. We will then promptly disable your login and password and issue you with new ones.
We are not responsible for:
the acts or omissions of any person who may gain access to the App, the Services or your Spark account as a result of obtaining your login or password; or
any loss or damage you may incur as a result of any person gaining access to the App, the Services or your Spark account as a result of obtaining your login or password.
- You are responsible for the acts and omissions of any third party who may gain access to the App, the Services or your Spark account as a result of obtaining your login or password.
You can disable your Spark account at any time by contacting us through the "contact us" [button] [link] located in the "settings" section of the App. If you instruct us to disable your Spark account, we will use reasonable endeavours to do so within 24 hours of receiving your instructions.
together Licence Restrictions.
Acceptable use restrictions
- Except as expressly set out in this EULA or as permitted by any local law, you agree:
- not to copy the App or Documents 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;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
- 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;
- 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 that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
- is used only for the purpose of achieving inter-operability of the App with another software program;
- is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- is not used to create any software that is substantially similar to the App;
- to keep all copies of the App and Documents secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App and Documents;
- to include our copyright notice on all entire and partial copies you make of the App and Documents on any medium;
- 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
- 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),
- not use the App or any Service if you are under the age of 16. By downloading the App or using the Services, you confirm that you are 16 years of age or older;
- 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 or any operating system;
- not use the App or any Services to harm or attempt to harm any person in any way;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;
- not transmit any material that is defamatory, offensive, sexually explicit or otherwise objectionable in relation to your use of the App or any Service. We reserve the right to remove any content that is made public using the App if, for any reason, we deem it necessary to do so;
- not use the App or any Service for the purposes of direct or indirect advertisement to any other user of the App or any Service;
- 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;
- 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; and
- not use the App or any Service to harass, intimidate or threaten in any way:
- any of our employees or any person acting on our behalf; or
- any other user of the App or the Services.
- together Acceptable Use Restrictions.
Intellectual property rights
- You must pay the charges for the App and all in-App features as set out in the App Store directly to the App Store.
Interactions with other users
- You acknowledge that all intellectual property rights in the App, the Services, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App, the Services, the Documents and the Technology are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents, the Services or the Technology other than the right to use each of them in accordance with the terms of this EULA.
- You acknowledge that you have no right to have access to the App in source-code form.
Limited warranty and support
- You are solely responsible for your interactions with other users of the App and the Services. We do not guarantee, and we make no warranty or representation, that you will form any sort of connection or relationship with any other users of the App or the Services.
- You are entirely responsible for any risks associated with your interactions with other users of the App and the Services. You acknowledge and agree that:
- you are solely responsible for managing your Bluetooth and visibility settings within the App to control your visibility to those around you;
- we do not oversee, monitor or moderate any user's use of any interactive features provided by the App or any Service;
- we do not carry out background checks on any users of the App or any Service; and
- you will take all necessary precautions when meeting other users of the App or any Service in person
and therefore, subject to clause 10.5, we shall not be liable to you for death or personal injury or for any loss or damage you suffer or incur as a result of your interactions with other users of the App or the Services.
- If you know or suspect that any user of the App or the Services has breached this EULA, you must notify us immediately so we can take action against the user.
- We reserve the right to view any information or content you submit via the App or any Service at any time.
Limitation of liability
- We warrant that:
- the App will, when properly used on a Device meeting all the requirements of this EULA, perform substantially in accordance with the Documents; and
- that the Documents correctly describe the operation of the App in all material respects.
- If you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the Documents, we will fix the defect or fault as quickly as we can.
Clause 9.1 and clause 9.2 do not apply:
if the defect or fault in the App or any Service results from you having altered or modified the App;
if the defect or fault in the App results from you having used the App in breach of the terms of this EULA; or
if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
The promises in clause 9.1 and clause 9.2 are in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
Any support queries in relation to the App should be emailed to firstname.lastname@example.org or sent via post to 90 Main Yard, Wallis Road, London E9 5LN.
- 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 and the Services as described in the Documents meet your requirements.
- We only supply the App and Documents for domestic and private use. You agree not to use the App or Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 10.4, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.
- Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in all circumstances be limited to £500. This does not apply to the types of loss set out in condition 10.5.
- Nothing in this EULA shall limit or exclude our liability for:
death or personal injury resulting from our negligence;
fraud or fraudulent misrepresentation; and
any other liability that cannot be excluded or limited by law.
Communication between us
- We may, without liability to you, terminate or suspend this EULA at any time and without prior warning by written notice to you:
- if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
- if you breach any of the Licence Restrictions or the Acceptable Use Restrictions;
- if you fail to pay any charges payable by you to the App Store for the App or any in-App features; or
- if we deem it necessary for any other reason.
- On termination of this EULA for any reason:
- all rights granted to you under this EULA shall cease;
- you must immediately cease all activities authorised by this EULA, including your use of any Services;
- 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 and certify to us that you have done so;
- we will promptly disable your Spark account; and
- we shall not be liable to refund you any charges you have paid for the App or the in-App features. Any refunds due to you will be payable to you by the App Store.
Events outside our control
- If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail at email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide when you request the App.
Other important terms
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 (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
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.
You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
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.
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.
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.
This agreement has been entered into on the date stated at the beginning of it.