This mobile application (the “App”) is made available by Progress Concepts Limited, a company registered in England and Wales with number 10099891 (“Progress Concepts Limited”, “us”, “we” or “our”).
App and Related Terms
These App Terms incorporate Apple’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.
Use of the App
BayWatch is only available to individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand and agree to the following terms.
Progress Concepts Limited hereby grants you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Apple device (“Device”) as permitted by the Platform Terms and in accordance with these App Terms (“User Licence”). All other rights in the App are reserved by Progress Concepts Limited.
In the event of your breach of these App Terms we will be entitled to terminate the User Licence immediately.
Progress Concepts Limited is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The BayWatch app stores and processes data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the BayWatch app won’t work properly or at all.
You should be aware that there are certain things that Progress Concepts Limited will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Progress Concepts Limited cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
Along the same lines, Progress Concepts Limited cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Progress Concepts Limited cannot accept responsibility.
At some point, we may wish to update the app. The app is currently available on iOS – the requirements for iOS (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app.
Progress Concepts Limited does not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
The BayWatch name and logo, and other Progress Concepts Limited graphics and logos used in connection with the App may not be copied, imitated or used, in whole or in part, without the prior written permission of Progress Concepts Limited or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Progress Concepts Limited and its licensors.
You agree not to use the App in any way that:
- is unlawful, illegal or unauthorised;
- is defamatory of any other person;
- is obscene or offensive;
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringes any copyright, database right or trade mark of any other person;
- is likely to harass, upset, embarrass, alarm or annoy any other person;
- is likely to disrupt our service in any way; or
- advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You agree to indemnify Progress Concepts Limited for any breach of these App Terms. Progress Concepts Limited reserves the right to control the defence and settlement of any third party claim for which you indemnify Progress Concepts Limited under these App Terms and you will assist us in exercising such rights.
Progress Concepts Limited provides the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Progress Concepts Limited does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content.
To the fullest extent permitted by applicable law, Progress Concepts Limited hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.
Reliance on Information
The App is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the App.
Throughout the App you may find links or adverts to third party websites or apps. The provision of a link to such a website or app does not mean that we endorse that website or app. If you visit any website or app via a link on the App you do so at your own risk.
Exclusion of Progress Concepts Limited Liability
Nothing in these App Terms shall exclude or in any way limit Progress Concepts Limited liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.
To the fullest extent permitted under applicable law, in no event shall Progress Concepts Limited be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device failure or malfunction.
Progress Concepts Limited shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.
In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall Progress Concepts Limited liability arising under or in connection with these App Terms and your use of the App exceed the amounts you have paid to the company for the use of the app or GBP £5 if you have not had any payment obligations to the company, as applicable.
These App Terms shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute between them arising under or in connection with these App Terms.
If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App.
If you have any questions regarding our App, you can email us firstname.lastname@example.org