Terms of Use
END USER LICENSE AGREEMENT PLEASE READ THESE TERMS CAREFULLY Last Updated: December 2022 By downloading this App from Apple’s software distribution platform (‘App Store’) and Google’s software distribution platform (‘Play Store’), and any update thereto (as permitted by these terms), and/or by subscribing to our Services you indicate that you agree to be bound by all of the terms herein and that you accept these terms. WHO WE ARE AND WHAT THIS AGREEMENT DOES We are Taskclear Limited (trading as NetHabit), a company registered in England and Wales (company no.) whose registered address is 20-22 Wenlock Road, London, England N1 7GU. These terms govern our subscription services and also set out how we license you to use: ·The NetHabit mobile application software (App) and any updates or supplements to it. ·The subscription service you connect to via the App and the content we provide to you through it (Services). as permitted in these terms. THE APP The App is a piece of software created to help parents improve their children's safety online — and customised for iOS and Android mobile devices. It is used to show parents how to optimise device settings, talk to their children about online safety and stay informed of new threats. ACCOUNT REGISTRATION To use the Services, you must register a user account on the App. You are responsible for keeping your login credentials confidential and safe. By registering, you agree to be fully responsible for all activities that occur under your username and password. All information regarding our Services provided via the App can be found detailed both on the App and on our website (https://www.nethabit.org/) before you order. Prices, descriptions or availability of Services are subject to change without notice. PRICES & PAYMENT You will be informed of the price for the Services prior to your order. Our Services must be purchased via a third-party app store. To access such purchases, you must follow the instructions provided on the relevant online store (such as the App Store or Play Store), which may vary depending on the particular device in use. Unless otherwise specified, purchases made via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these terms. As such, you must ensure you read such terms and conditions carefully. You may subscribe to a Services using your Apple ID associated with your App Store account by using the relevant process on the App. When doing so, you acknowledge and accept that: •any payment due shall be charged to your Apple ID account; •subscriptions are automatically renewed for the same duration unless you cancel at least 24 hours before the current period expires; •any and all fees or payments due for renewal will be charged within 24-hours before the end of the current period; •subscriptions can be managed or cancelled in your App Store account settings. The above shall prevail upon any conflicting or diverging provision of these Terms. All prices stated regarding the Services are inclusive of VAT. OFFERS & DISCOUNTS We may offer discounts or provide special offers for the purchase of Services. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out prior to any order. Offers and discounts are always granted at our sole discretion. Repeated or recurring offers or discounts create no claim/title or right that you may enforce in the future. DELAYS OUTSIDE OF OUR CONTROL If our supply of the Services is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact us to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred. CANCELLATION For our Services bought online, you can cancel your subscription at any time via the App Store or Play Store., but you must pay for any Services provided up until the time you cancel. Cancellation will be dependent on your subscription model. For example, if you’re on an annual subscription for the Services you may only end the Services upon the end of the subscription. If you cancel beforehand then you will still be liable to pay the charges due for the annual subscription. WHEN SOMETHING IS WRONG WITH THE SERVICES If you think there is something wrong with your Services, you must contact us immediately via email: hello@nethabit.org. WE CAN SUSPEND THE SUPPLY OF THE SERVICES We do this to: •deal with technical problems or make minor technical changes; •update the Services to reflect changes in relevant laws and regulatory requirements; or •make changes to the Services. We will contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend the Services for one month or more, we adjust the price so you don't pay for it while its suspended. WE CAN WITHDRAW SERVICES We can stop providing Services upon providing you with at least 7 days written notice in advance and we refund any sums you've paid in advance for Services which won't be provided. We can also end our contract with you for the Services and claim any compensation due to us if you don't make any payment to us when it's due and you still don't make payment within 7 days of our reminding you that payment is due. YOUR PRIVACY 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: https://www.nethabit.org/privacy-policy. 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 Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. APP STORE'S & PLAY STORE’S TERMS ALSO APPLY The ways in which you can use the App and Services may also be controlled by the App Store's (https://www.apple.com/legal/internet-services/itunes/us/terms.html) and Play Store’s (https://play.google.com/intl/en_US/about/play-terms/) rules and policies. OPERATING SYSTEM REQUIREMENTS This App requires a device with a firmware version IOS 14 or Android 9+ or higher operating system. We recommend using this App with the latest version of the firmware. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS 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 us at hello@nethabit.org. How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us. Support. We are solely responsible for providing any maintenance and support services for this App. You acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the App. HOW YOU MAY USE THE APP In return for your agreeing to comply with these terms you may: ·download a copy of the App onto your device and view, use and display the App and the Services on such devices for your personal purposes only. ·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. AGE RESTRICTION You must be 17 or over to accept these terms and download the App. YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE We are giving you personally the right to use the App and the Services as set out above. You may not otherwise transfer the App or the Services 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. CHANGES TO THESE TERMS We may need to change these terms, or Services, to reflect changes in law or regulatory requirements or best practice or to deal with additional features which we introduce. We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App. If you do not accept the notified changes you will not be permitted to continue to use the App and the Services. UPDATE TO THE APP AND CHANGES TO THE SERVICES From time to time we may automatically update the App and change the Services 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. 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. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING 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. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO The App or any Services 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). 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. LICENCE RESTRICTIONS By us licencing the App to you under these terms, you agree that you will: ·not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us; ·not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security; ·not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms; ·not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things; ·comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Services. ACCEPTABLE USE RESTRICTIONS You must: ·not use the App or any Services 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 Services or any operating system; ·not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Services, including by the submission of any material; ·not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Services; ·not use the App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and ·not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services. INTELLECTUAL PROPERTY RIGHTS All intellectual property rights in the App and the Services throughout the world belong to us. 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. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU We are responsible to you for foreseeable loss and damage caused by us ONLY. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result, 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. 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. 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. 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 Services. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. You also understand that it is your responsibility at all times to ensure that you take action and have appropriate conversations with any children in your care to ensure their online safety. 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 App Store or Play Store) meet your requirements. 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. WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS 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. If we end your rights to use the App and Services: ·You must stop all activities authorised by these terms, including your use of the App and any Services. ·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. ·We may remotely access your devices and remove the App from them and cease providing you with access to the Services. 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 NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE You may only transfer your rights or your obligations under these terms to another person if we agree in writing. NO RIGHTS FOR THIRD PARTIES This agreement is between you and us. Nobody else can enforce it and 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. 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. 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. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS These terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the products in the English courts. COMPLAINTS We will do our best to resolve any problems or complaints you have with us or our Services are quickly as possible. Should we not be able to resolve your complaint, 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 want to contact the alternative dispute resolution provider we use.