Terms & Conditions
BACKGROUND:
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use Beam (“Our Smartphone App”). Please read these Terms and Conditions carefully and ensure that you understand them. You will be required to read and accept these Terms and Conditions when registering. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Smartphone App immediately. As stated above you acknowledge that this is a beta version of the Smartphone App which is made available for testing by Users and to obtain feedback prior to the launch of the full Smartphone App (“Full App”)
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Account” Means an account required to access and use Our Smartphone App, as detailed in Clause 4;
“Content” Means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Smartphone App;
“Contract” Means the contract between Us and you, as explained in Clause 6;
“User” Means a user of Our Smartphone App;
“We/Us/Our” Means Tutto Limited 30 Binley Road, Coventry, West Midlands, United Kingdom, CV3 1JA
2. Information About Us
2.1 Our Smartphone App is owned and operated by us.
3. Access and Changes to Our Smartphone App
3.1 Access to this version of our Smartphone App does not require a subscription, although one can be purchased to add additional features. Upon downloading, Our Smartphone App and upon you registering it will be available to you until further notice from us to you
3.2 We may from time to time make changes to Our Smartphone App:
3.2.1 Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. We will inform you by text or an in-App message of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Smartphone App;
3.2.2 Minor changes may be made to reflect changes in the law or other regulatory requirements. We will inform you by text of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Smartphone App; and
3.2.3 We will continue to develop and improve Our Smartphone App over time, in some cases making significant changes to it. You will be kept fully informed of any and all such changes.
3.2.4 As stated above this is an early version of the App and when the Full App is released then some new provisions of these T&Cs will be required to deal with inter alia differing functionality.
3.3 We will always aim to ensure that Our Smartphone App is available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 3.2. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to the availability of Our Smartphone App. If We need to suspend Our Smartphone App for longer than 24 hours. If We need to suspend Our Smartphone App for longer than 24 hours you may also have a right to cancel.
4. Accounts
4.1 An Account is required to use Our Smartphone App.
4.2 By using Our Smartphone App you affirm that you are `18 years of age or if not that you have obtained parental or guardian consent to enter into this agreement.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 We recommend that you choose a strong password for your Account. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the GDPR, as set out in Clause 18.
4.7 If you wish to close and delete your Account, you may do so at any time by the Closing your Account will result in the removal of your information from Our system. Closing your Account will remove any User Content that you have created from Our system.
5. Availability
5.1 We make all reasonable efforts to ensure that all general descriptions of the services available from Us (specifically, Our Smartphone App) correspond to the actual services that will be provided to you.
5.2 Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations in Our services, not to different services altogether.
6. How Contracts Are Formed
6.1 You will be guided through the registration process when you apply to registration.
6.2 No part of Our Smartphone App, website or any other material constitutes a contractual offer capable of acceptance. By registering, you are making Us a contractual offer that We may, at Our sole discretion, accept. Only once We have accepted your registration will there be a legally binding contract between Us and you (“the Contract”). You are free to terminate any time by notice to us.
7. Our Intellectual Property Rights and Licence
7.1 We grant Users a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Our Smartphone App subject to these Terms and Conditions.
7.2 Subject to the licence granted to Us under sub-Clause 7.3, Users retain the ownership of copyright and other intellectual property rights in their User Content (subject to any third party rights in that User Content and the terms of any licence under which you use such Content).
7.3 All other Content included in Our Smartphone App (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
7.4 By accepting these Terms and Conditions, you hereby undertake:
7.4.1 Not to copy, download or otherwise attempt to acquire any part of Our Smartphone App;
7.4.2 Not to disassemble, decompile or otherwise reverse engineer Our Smartphone App;
7.4.3 Not to allow or facilitate any use of Our Smartphone App that would constitute a breach of these Terms and Conditions; and
7.4.4 Not to embed or otherwise distribute Our Smartphone App on any website, ftp server or similar.
8.Links to Our Smartphone App
8.1 You may link to Our Smartphone App provided that:
8.1.1 You do so in a fair and legal manner;
8.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
8.1.3 You do not use any of Our logos or trade marks (or any others displayed on Our Smartphone App) without Our express written permission; and
8.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
8.2 You may not link to any page other than the homepage of Our Smartphone App. Deep-linking to other parts of Our Smartphone App requires Our express written permission.
8.3 You may not link to Our Smartphone App from any other website the content of which contains material that:
8.3.1 Is sexually explicit;
8.3.2 Is obscene, deliberately offensive, hateful or otherwise inflammatory;
8.3.3 Promotes violence;
8.3.4 Promotes or assists in any form of unlawful activity;
8.3.5 Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
8.3.6 Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
8.3.7 Is calculated or is otherwise likely to deceive another person;
8.3.8 Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;
8.3.9 Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 10.3);
8.3.10 Implies any form of affiliation with Us where none exists;
8.3.11 Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents and database rights) of any other party; or
8.3.12 Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
9. Links to Other Content
We may provide links to other content such as websites, web apps and downloadable apps. Unless expressly stated, this content is not under Our control. We neither assume or accept responsibility or liability for such third party content.
10. Intellectual Property Rights and User Content
10.1 Any User Content and the intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licenced by the relevant User. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
10.2 Users may not copy, distribute, publicly perform, publicly display, reproduce or create derivative works based upon, another User’s User Content without first obtaining the express consent of the User to whom the User Content in question belongs.
11. Acceptable Usage Policy
11.1 You may only use Our Smartphone App in a manner that is lawful and that complies with the provisions of this Clause 11. Specifically:
11.1.1 You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
11.1.2 You must not use Our Smartphone App in any way, or for any purpose, that is unlawful or fraudulent;
11.1.3 You must not use Our Smartphone App to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
11.1.4 You must not use Our Smartphone App in any way, or for any purpose, that is intended to harm any person or persons in any way.
11.1.5 Including, but not limited to, contractual duties and duties of confidence.
11.2 We reserve the right to suspend or terminate your Account and/or your access to Our Smartphone App if you materially breach the provisions of this Clause 11 or any of the other provisions of these terms and conditions. Specifically, We may take one or more of the following actions:
11.2.1 Suspend, whether temporarily or permanently, your Account and/or your right to access Our Smartphone App
11.2.2 Remove any of your User Content which violates this Acceptable Usage Policy;
11.2.3 Issue you with a written warning;
11.2.4 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
11.2.5 Take further legal action against you as appropriate;
11.2.6 Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
11.2.7 Any other actions which We deem reasonably appropriate (and lawful).
11.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.
12. Problems with Our Smartphone App and Consumers’ Legal Rights
12.1 If you have any questions or complaints regarding Our Smartphone App, please use any of the methods provided on Our contact page
12.2 If you are a consumer, you have certain legal rights under the Consumer Rights Act 2015 that may apply to Our Smartphone App:
12.2.1 Any digital content provided by Us must be as described, fit for purpose, and of satisfactory quality. If digital content is faulty, you may be entitled to a repair or replacement. If a fault cannot be remedied, or has not been remedied within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund. If, as a result of Our failure to exercise reasonable care and skill, any digital content of which Our Smartphone App is comprised (that is not User Content) damages your device or other digital content belonging to you, you may be entitled to a repair or compensation.
12.2.2 Any services provided by Us must be provided with reasonable care and skill and in compliance with information provided by Us. If We fail to do so, you may be entitled to require Us to repeat or otherwise fix the problem or, if We cannot provide such a remedy, a full or partial refund.
12.2.3 For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
13. Disclaimers
13.1 No part of Our Smartphone App or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only.
13.2 Subject to your legal rights if you are a consumer (as summarised above in Clause 16), insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Smartphone App will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
13.3 We make reasonable efforts to ensure that the content contained within Our Smartphone App is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our Smartphone App (and the content therein) is complete, accurate or up-to-date.
13.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created or uploaded using Our Smartphone App. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.
14. Our Liability
14.1 If you are a consumer, We will be liable to you for any foreseeable loss or damage that is caused by Us as a result of Our breach of these Terms and Conditions or Our failure to exercise reasonable care and skill. Loss or damage is foreseeable if it is either obvious that it will occur or was contemplated by you and Us when the Contract between us was formed.
14.2 If you are a business, to the fullest extent permissible by law, We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our Smartphone App or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Our Smartphone App.
14.3 To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not foreseeable.
14.4 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Smartphone App or any Content (including User Content) included in Our Smartphone App.
14.5 If you are a business, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
14.6 We exercise all reasonable skill and care to ensure that Our Smartphone App is free from viruses and other malware. Subject to sub-Clause 13.2.1, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Smartphone App (including the downloading of any Content (including User Content) from it) or any other website or service that We may provide a link to.
14.7 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
14.8 Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
14.9 Our Smartphone App visualises the information users input into it. This visualisation is provided to users as general information only. It is not intended to, and does not, amount to advice which you should rely on in isolation and is not in any way an alternative to specific advice. You must therefore obtain the relevant professional or specialist advice before taking, or refraining from, any action based on the insight and information Beam generates. If you have questions about any medical matter, you should consult your doctor or other professional healthcare provider without delay. If you think you are experiencing any medical condition you should seek immediate medical attention from a doctor or other professional healthcare provider
15. Viruses, Malware and Security
15.1 We exercise all reasonable skill and care to ensure that Our Smartphone App is secure and free from viruses and other malware including, but not limited to, the scanning of any and all User Content for viruses and malware as it is uploaded. We do not, however, guarantee that Our Smartphone App is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 18.6.
15.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
15.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Smartphone App.
15.4 You must not attempt to gain unauthorised access to any part of Our Smartphone App, the server on which Our Smartphone App is stored, or any other server, computer, or database connected to Our Smartphone App.
15.5 You must not attack Our Smartphone App by means of a denial of service attack, a distributed denial of service attack, or by any other means.
15.6 By breaching the provisions of sub-Clauses 16.3 to 16.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Smartphone App will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.
16. Privacy and Cookies
16.1 The Use of Our Smartphone App is also governed by Our Privacy Policy.
17. Data Protection
17.1 All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with the provisions of the General Data Protection Regulation 2016/679 (“GDPR”) and your rights and Our obligations under that Act.
17.2 We may use your personal information to:
17.2.1 Reply to any communications that you send to Us;
17.2.2 Send you important notices, as detailed in Clause 19;
17.3 We will not pass your personal information on to any third parties without first obtaining your express permission to do so.
18. Communications from Us
18.1If you have an Account, We may from time to time send you important notices by email or the Intercom Customer Relationship Platform embedded in the Beam App. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, changes to Our Smartphone App, and changes to your Account. We may also request feedback from you (which you are not obliged to provide) to improve Our Smartphone App
19. Other Important Terms
19.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
19.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
19.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
19.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
19.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
20. Changes to these Terms and Conditions
20.1 We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Smartphone App after the changes have been implemented. You are therefore advised to check this page from time to time.
20.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
21. Contacting Us
21.1 To contact Us, by using any of the methods provided on Our contact page.
22. Law and Jurisdiction
23.1.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales
23.1.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 23.1 above takes away or reduces your rights as a consumer to rely on those provisions.
23.1.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
23.1.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales