Terms and Conditions and Acceptable Use Policy for the use of Azoomee website and mobile applications

Terms and Conditions

Please read these terms and conditions carefully. These terms and conditions govern your access to and use of azoomee.com and its sub-domains (the “Website”) and all mobile applications or services (the “Applications”) operated by Tinizine Limited trading as Azoomee (“Tinizine”, “Azoomee”, “we”, “us” and/or “our”). References in these terms and conditions to (i) “Sites” means collectively the Website and any Applications, (ii) “Services” means collectively any online facilities, tools, services or content that we make available through our Sites either now or in the future, irrespective of the delivery platform or device you use to access such facilities, tools, services or content.

We strongly recommend you read these terms and conditions carefully before you start to use our Sites, as these will apply to your use of our Sites and constitute a legal agreement between you and us. If you are under the age of 18, make sure that your parent or legal guardian reads these terms and conditions on your behalf. We recommend that you print a copy of this for future reference.

Certain areas of our Sites (and your access to or use of certain Services) may have different terms and conditions posted or may require you agree with and accept different terms and conditions. If there is a conflict between these terms and conditions and terms and conditions posted for a specific area of our Sites, the latter terms and conditions shall take precedence with respect to your use of or access to that area of our Sites.

When you register with Azoomee, you must confirm your acceptance of these terms and conditions and the acceptable use policy. If you do not agree to these terms and conditions and the acceptable use policy, you must not access our Sites and should cancel any subscription in accordance with your cancellation rights (see Cancellation below). If you have any questions please contact us at help@azoomee.com.

Other Applicable Terms

These terms and conditions refer to the following additional terms, which also apply to your use of our Sites and the Services:

Information about us

Tinizine Limited is registered in England and Wales under company number 09218957. Our registered office and main trading address is located at A1 Golf Driving Range, Rowley Lane, Arkley, EN5 3HW. Our VAT number is 199 8097 30. Our telephone number is +44 20 7253 1900.

Modifications

We reserve the right to change our Sites, the Services or these terms and conditions from time to time. If we modify these terms and conditions we will post the modification on the Website. By continuing to access or use our Sites or the Services after we have posted a modification, you are indicating you agree to be bound by the modified terms and conditions.

Registration and Payment Method

Azoomee offers a limited selection of its services (“Free Mode”) without requiring the creation of an account or any payment.

Azoomee offers unlimited access to its services (“Premium Mode”) with the creation of an account and provision of a current, valid, accepted method of payment, which you may update from time to time (“Payment Method”).

In order to access Premium Mode, you must register to create an account (“Account”). In order to register an Account, you must be 18 or older. By accessing our Sites or using the Services, you confirm that all information you have provided is accurate, current and complete and you will update and maintain any changes to the information provided to keep it accurate, current and complete. We are entitled to rely on any information you provide to us.

On registration, you will choose a username and password. You must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user name or password, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions. If you know or suspect that anyone other than you knows your user name or password, you must promptly notify us at help@azoomee.com.

Purchasing the Services allows children to use Azoomee’s messaging service, which enables them to share personal information with their connections such as location, images or contact details, which the connections may publicly share with others. By making the purchase, you are acknowledging that one of the following applies: a) you consent to this as the parent or guardian of such children, b) you have the authority (such as a school) to consent to this activity on behalf of the parent or guardian, c) you have received a signed waiver from a parent or guardian of the child, or d) you explicitly disallow children access to these features and you have provided us with confirmation of such disallowance.

Subscription and Free Trials

Your access to Premium Mode may start with a free trial. The free trial period will last for the length of time indicated at the time of purchase (the “Trial Period”) and is intended to allow new users to try the Services.

At the point of purchase you will be asked to provide your Payment Method. The subscription price will be made clear to you at the point of purchase and you agree to pay the fees at the rate(s) notified to you at the end of the Trial Period (if any). Unless otherwise stated, the Trial Period will automatically convert into a paid subscription at the end of the Trial Period, and you will be billed via your Payment Method. If you do not wish to continue into a paid subscription, you must cancel your trial not later than twenty-four hours before the end of the Trial Period. When you subscribe you can take out either an annual, six monthly or monthly (or other frequency we offer) subscription. All subscription pricing information on our Sites is correct at the time of going online. We will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.

Your access to Premium Mode is valid for so long as you maintain a subscription. Your subscription will continue month to month until terminated. You authorise us, or our payment partners, to charge your next month’s subscription fee to your Payment Method unless you cancel your Account before the monthly renewal date. If you choose to cancel your subscription, you may continue to access Free Mode at the end of the current billing period.

If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to Premium Mode until we have obtained a valid Payment Method, as it may be updated and you remain responsible for any uncollected amounts.

You can find specific details regarding your Account, including details of your payments, your monthly renewal date and/or the end date of your free trial period by accessing our Sites and clicking on “Your Account” link.

Cancellation

You can cancel your subscription during the first 14 days after you have paid for your subscription (the “Cancellation Period”). We’ll reimburse you for any subscription payments for the Services you have already made, provided the Services have not been accessed. If you access the Services during the Cancellation Period your right to be reimbursed for any subscription payments will be lost.

After the Cancellation Period you may notify us of your wish to cancel your subscription at any time by contacting our Customer Services team at help@azoomee.com who will be able to either cancel your subscription directly, or else, when payment is handled by our partners (for example, Apple iTunes or Google Play Store), advise how to cancel such subscriptions yourself. When payment is handled by our partners, it is your sole responsibility to manage your subscription. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then current subscription period. We do not provide refunds for any monthly subscriptions.

We reserve the right to suspend or terminate your subscription if you breach these terms and conditions with or without notice. We may also suspend or terminate your subscription if we are prevented from providing the Services to you by circumstances beyond our control.

Intellectual Property Rights and License

We are the owner or the licensee of all intellectual property rights in our Sites and in the Services contained therein, including without limitation, any text, data, videos, photos, graphics, images, animation, games, music, sounds, underlying code and software, communications, illustrations, documentation, data compilations, page layout, icons and any other material and services that users can view, or access through our Sites (the “Content”). Our Sites, the Services and the Content are protected by copyright and other intellectual property laws around the world. All such rights are reserved.

By continuing to use our Sites and the Services you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage in, or otherwise be related to or a part of any reproducing, copying, distributing, licensing, broadcasting, storing or in any other fashion re-using of the Content unless given express written permission to do so by us.

You further acknowledge that all intellectual property rights in the Content anywhere in the world belong to us or our licensors. During your subscription period we grant you a limited, non-exclusive, non-transferable, license to access our Sites and use the Services for your own personal non-commercial use in accordance with these terms and conditions. Except for the foregoing you have no rights in, or to our Sites, the Services or the Content.

Notwithstanding the above, if the Content is accessed by an authorised person for or on behalf of an educational establishment for the non-commercial educational purposes of that educational establishment then, provided that the educational establishment complies with these terms and conditions and obtains our written permission, the non-commercial access to the Content is permitted.

We use a variety of security measures to protect the Services made available on our Sites. You agree that you will not attempt to, or assist any other person to, remove or otherwise alter or interfere with such security technology and authorise the disclosure by us to third parties of any information we consider appropriate for the purpose of detecting and taking action against copyright infringements including information concerning the use by you of the Services.

Disclaimers

The use of our Sites and the Services is at your own risk and is provided by us on an ‘as is’ and ‘as available’ basis, without warranties or representations of any kind, to the fullest extent permitted by law, including any warranties (express or implied) as to fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Although we will do our best to provide constant uninterrupted access we do not warrant or represent that our Sites or the Services, will always be available, uninterrupted or error-free or will be corrected if found to be defective. Please note that any of the Services may be out of date at any given time, and we are under no obligation to update it.

You are responsible for making all arrangements necessary for you to have access to our Sites and the Services. You are also responsible for ensuring that all persons who access our Sites through your internet connection are aware of these terms and conditions and other applicable terms and conditions, and that they comply with them.

No part of the Services is intended to amount to advice on which you should rely when making any decisions or taking any action of any kind.

Limitation of our liability

Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Sites or the Services, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

In particular, we will not be liable for:

You agree not to use our Sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or our application or to your downloading of any content on it, or on any website linked to it.

You acknowledge and agree that we are not liable for any act or failure to act by us or any other person regarding conduct, communication or content through the Services. You acknowledge and agree that your exclusive remedy for any dispute with us is to stop using the Services and to delete any downloaded applications. Our liability to you in connection with any use of our Sites or the Services shall be limited to the total price paid by you for the Services in question.

 

Uploading Content to our Sites

Whenever you make use of a feature that allows you to upload content to our Sites, or to make contact with other users of our Sites, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our Sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a non-exclusive, perpetual, royalty-free, world-wide, transferable licence to use, edit, reproduce, record, modify, translate, store and copy that content, prepare derivative works of and to distribute and make it available to other users of our Sites and third parties and to display any such content you submit to us in any format, including without limitation, print and electronic format and you agree to waive your moral rights in such content.

We also may have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Sites constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Sites.

We have the right to remove any posting you make on our Sites if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our Sites do not represent our views or values.

Viruses

We do not guarantee that our Sites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Sites. You should use your own virus protection software.

You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Sites, the server on which our Sites are stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.

Linking to our Sites

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Sites in any website that is not owned by you.

Our Sites must not be framed on any other site, nor may you create a link to any part of our Sites other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our Sites other than that set out above, please contact help@azoomee.com.

Third Party Links in our Sites

Our Sites may contain links to other sites and resources provided by third parties. These sites and resources are not under the control of Tinizine and we assume no responsibility for the content of such sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transactions with any third parties. We are not responsible for assisting you in correcting any problem you may experience with goods and services purchased through a third party service provider, even if the goods or services were shown on our Sites. The inclusion of a link to another site on our Sites does not imply any endorsement of the sites themselves or of those in control of them.

No Waiver

If we fail to insist that you perform any of your obligations under these terms and conditions, 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.

Severance

If any provision of these terms and conditions is found by a court or administrative body of competent jurisdiction to be invalid or unenforceable such invalidity shall not affect the other provisions of these terms and conditions which shall remain in full force and effect.

Indemnification

You agree to defend, indemnify and hold Tinizine and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including solicitor’s fees that arise from (i) your use of, or activities in connection with the Services, or those of any child authorised by you; (ii) any violation of these terms and conditions by you or any child authorised by you; or (iii) any allegation that any content that you or any child authorised by you make available via the Services infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

Applicable law and Jurisdiction

These terms and conditions, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.

help@azoomee.comn class="c6">Trade marks

“Azoomee”, “Oomee”, “Oomeez”, “Smart Safe Kind” and “Search it Up!” are UK registered trademarks of Tinizine Limited and you may not use them without written permission from us.

Electronic Communication

We will send you information relating to your Account (e.g. payment authorisations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

Content

The content and features available to access on the Services may vary or be restricted according to the country of access and device. The content library will also change from time to time.

 

Acceptable use policy

Prohibited uses

You may use our Sites only for lawful purposes.  You may not use our Sites:

You also agree:

·         any part of our Sites;

·         any equipment or network on which our Sites are stored;

·         any software used in the provision of our Sites; or

·         any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our Sites, including, without limitation, one-to-one messaging services.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Sites, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Sites, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our Sites (“Contributions”), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

Contributions must not:

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Sites.  When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms and conditions upon which you are permitted to use our Sites, and may result in our taking all or any of the following actions:

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise the terms of the acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

OFCOM

Please note Ofcom is the regulator for editorial content for on demand programme services. Advertising within our services is regulated by the Advertising Standards Authority. You can access the ASA complaints procedures online at http://www.asa.org.uk/Complaints or by telephoning 020 7492 2222. You can also complain to the ASA by post to:

Advertising Standards Authority Mid City Place 71 High Holborn London WC1V 6QT

Any queries relating to matters such as technical issues, billing, installation or marketing should be made directly to us <help@azoomee.com.

Further information about Ofcom can be found at www.ofcom.org.uk, and about the ASA at www.asa.org.uk

Contact us

Our registered office and main trading address is located at A1 Golf Driving Range, Rowley Lane, Arkley, EN5 3HW. Our VAT number is 199 8097 30.

To contact us, please email help@azoomee.com or telephone us +44 20 7253 1900.