Terms and Conditions
Last updated: January 03, 2017
Please read these Terms and Conditions (“Terms” ) carefully before using the Mental Snapp mobile application (the “App”) operated by Mental Snapp Ltd, with company number 09649971, having its registered office at 101 Bramshot Avenue, London, England, SE7 7HX (“us”, “we”, “our” oR “Mental Snapp”).
By DOWNLOADING AND INSTALLING the App ON YOUR DEVICE you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the App.
IMPORTANT NOTICE: The App permits you to record information relating to your mental health. We do not, and the App is not intended to be used, to offer any medical or other healthcare advice to you. We recommend you seek the help of a healthcare professional for the treatment of any mental health issues.
ABOUT THE APP
The key features of the App include:
• The ability to post, link, store, share and otherwise make available certain information, text, graphics, videos or other material relating to your mental health (“Content”);
• Rating your Content according to mood and graphs produced over time of variations in mood as well as usage of the App; and
• Respond to guided exercises that are designed to support you to gain insight into your mental health.
Once you have downloaded the App, you must register an account to access and use the App by completing the online registration form on the App (“Account”).
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
Upon the completion and submission of the online registration form on the App, you shall be sent a verification email (“Verification Email”) to the email address you provided on the registration form. This Verification Email will contain details of how to activate your Account. Your Account will not be accessible until you have accepted these Terms.
You shall keep your registration details for the App (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to you, we reserve the right to promptly disable your Login Details and suspend your access to the App in the event that we have any reason to believe you have breached any part of these Terms.
Notwithstanding the foregoing, we reserve the right to:
• accept or reject your application to register for any reason; and
• suspend your Account and/or refuse you access to the App (partly or wholly) if you breach any of the provisions hereunder.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your Account.
You hereby warrant that the information provided by you to us is true, accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account.
ACCESSING THE APP
Subject to these Terms, we hereby grant to you a non-exclusive, non-transferable (without a right to sub-licence) and terminable licence to access the App. This licence is in respect of your use of the App for your own personal, non-commercial purposes only.
Except as expressly permitted in these Terms, you shall not, and shall not permit others to (i) modify, translate, create derivative copies of or copy the App, in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the App to source code form; (iii) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the App or your right to use the App; (iv) remove or modify any copyright, trademark, or other proprietary notices belonging to us or our licensors contained within the App; or (v) use the App in any manner not expressly authorised by these Terms.
We will use our reasonable endeavours to make the App available to you at all times, but we cannot guarantee that the App will be uninterrupted or fault free. Routine and essential maintenance and upgrades may be required from time to time to improve, add functions or restore the App.
We may suspend your access to the App and/or terminate your Account, wholly or partly, at any time without notice to you if any of the following events occur:
• Our third party service and network providers cease to make the third party services or network available to us;
• We are undertaking repairs, planned maintenance or upgrades to the App;
• We believe that you or someone using your login details has failed to comply with one or more of these Terms;
• We believe that there has been fraudulent use, misuse or abuse of features or functionalities of the App (in whole or in part);
• We believe that you have provided us with any false, inaccurate or misleading information; and
• We believe that you are not acting in a personal capacity.
You shall, at all times:
• Comply with all applicable laws, regulations, directives and legislations in your use of the App;
• Ensure that the device you use to access the App complies with any minimum specification released by us from time to time and required for your device to use all the features and functionality of the App and contains adequate anti-virus protection and you acknowledge that we will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your device due to your use of the App, and you hereby release and discharge us from any liability for such loss or damage;
• Comply with any guidelines provided or reasonable instructions issued by us from time to time in respect of your use of the App;
• Not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the App;
• Not use the App and/or any knowledge, information, know-how and/or expertise derived from using the App to commit any criminal act; and
• Not use the App and/or do anything that shall or be reasonably deemed to infringe any intellectual property rights or other rights of any third parties.
In addition to the obligations above, you shall not submit to appear on the App any information (including any data, comments, images, videos, third party URL links or other material whatsoever in any format) that may reasonably be deemed to be offensive, illegal, inappropriate or that in any way:
• Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• Harasses or advocates harassment of another person;
• Displays pornographic or sexually explicit material;
• Promotes any conduct that is abusive, threatening, obscene, defamatory or libelous;
• Promotes any illegal activities;
• Provides instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
• Promotes or contains information that you know or believe to be inaccurate, false or misleading;
• May be deemed to be a misrepresentation of any facts;
• Engages in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without our prior written consent; or
• Infringes any rights of any third party including but not limited to intellectual property rights.
When you upload Content, you give to Mental Snapp Ltd a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute and display that Content in connection with the provision of the App. We also reserve the right to remove any Content displayed on the App at any time and without notice at our sole discretion.
Unless otherwise explicitly stated by us, we do not vet, verify the accuracy, correctness and completeness any of your Content created, submitted and/or provided by you through the App or otherwise to determine whether it may result in any liability to any third party. You hereby warrant that you have the rights to use all such information, data and material in the manner set out in these Terms. WE EXPRESSLY EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF OUR APP BY YOU IN CONTRAVENTION OF THIS SECTION (YOUR OBLIGATIONS).
In the event that we, in our sole and absolute discretion, consider that you have breached any of these Terms, we reserve the right to take any action that we deem to be necessary, including without limitation, disabling your login details, suspending your use of and access to the App; and in the case of illegal use, the instigation of legal proceedings and/or disclosure of such information to law enforcement authorities or third parties as we reasonably feel is necessary.
You acknowledge and agree that:
• We are in no way linked, connected or affiliated with Apple, Google, Microsoft or any other app-store provider;
• Access to and use of the App may be limited by your network carrier and will be limited if you are attempting to access the App from outside the United Kingdom;
• You acknowledge you will not be able to access and use certain functionalities of the App unless you have internet access through a GPRS, 3G, 4G or Wi-Fi connected device. All traffic charges or access charges incurred due to the use of the App are subject to your agreed terms with your network provider;
• Neither your airtime provider nor any app-store or app-store operator (including but not limited to the “App-Store” or “Google Play” marketplace) shall bear any responsibility or liability whatsoever in relation to sale, distribution, functionality, accessibility, performance or non-performance of the App;
• Your airtime provider and any app-store or app-store operator (including but not limited to the “App-Store” or “Google Play”) are third party beneficiaries in respect of this clause and accordingly have the right to enforce the provisions of this clause;
• We are solely responsible for providing any support and maintenance in respect of the App; and
• You will comply with any third party terms and conditions which may be applicable from time to time in relation to your use of the App.
Further, where you have obtained the App from the Apple ‘AppStore’, you acknowledge and agree that:
• You are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a ‘terrorist supporting’ country;
• You are not listed on any US Government list of prohibited or restricted parties;
• These Terms are concluded between you and us and accordingly Apple is not a party to these Terms;
• Apple has no obligation to provide any maintenance and support services in respect of the App;
• If the App fails to conform to any warranty herein, you may notify Apple following which Apple will refund you the purchase price paid for the App (if any). Apple will have no further liability whatsoever in respect of any such failure;
• Apple has no responsibility to address any claims by you or any third party whatsoever with respect to the App;
• Apple shall not be responsible for any claims made by any third party that the App infringes any third party intellectual property rights; and
• ‘AppStore’ and ‘Apple’ are trade marks of Apple Inc.
Other than in relation to any links to third party websites and your Content, we own or have a licence to use all right, title and interest in and to the App, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey title to or ownership of the App or the content contained therein to you. All rights in and to the App or content not expressly granted to you are reserved by us.
You are expressly prohibited from removing, modifying, altering or using any registered or unregistered marks/logos owned by us, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the intellectual property rights owned and/or licensed to us, without first obtaining our written permission.
Your ability to access and use the App shall continue until terminated in accordance with these Terms.
We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach any part of these Terms.
You may terminate your Account at any time by notifying us in writing by email, requesting that your Account is terminated.
On termination of your use of the App in accordance with these Terms:
• You will no longer be entitled to access the App; and
Unless otherwise revoked by us, your access to the App will be limited for the purpose of downloading video Content which you have submitted to the App prior to termination. This limited access shall be available to you for a period of 30 days from the date that your Account is terminated. Thereafter, all Content that you have submitted and/or made available to the App shall be removed.
• Mental Snapp is committed to returning all video Content that you have submitted and/or made available to the App. Without prejudice to any of our rights in these Terms, if requested by you, we hereby agree to remove all Content that you have submitted to the App (only to the extent that we are not bound by any existing law and legislation to retain such Content).
WARRANTIES AND LIABILITY
Links to third party websites and companies may appear on the App. We accept no responsibility for the availability, suitability, reliability or content of such third party websites and do not necessarily endorse the views expressed within them.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, 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.
Our maximum aggregate liability to you. If you suffer loss or damage that is a foreseeable result of our breaching these Terms, our failing to use reasonable care and skill or otherwise, the maximum amount you may claim from us shall be one hundred pounds sterling (£100.00).
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
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.
Please back-up content and data used with the App. We recommend that you back up any Content used in connection with the App, to protect yourself in case of problems with the App.
Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the relevant app-store site) meet your requirements.
We are not responsible for events outside our control. If our provision of the App or support for the App 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.
Your use of the App is at your sole risk. The App is provided on an “AS IS” and “AS AVAILABLE” basis. All content, information and material provided to you as part of the App does not constitute advice or a recommendation and therefore it should not be solely relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action. We shall not be responsible in any way for any advice which may be provided to you based on your Content. The App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
You must be 18 to accept these Terms and access the App
You must be 18 or over to accept these Terms and use the App.
You may not transfer the App to someone else
We are giving you personally the right to use the App. You may not transfer the App 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 to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you notice of any change by notifying you of a change when you next start the App or by e-mail. By continuing to use the App after such alteration, you will be deemed to have accepted any amendment to these Terms.
Updates to the App
From time to time we may automatically update the App 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.
If someone else owns the phone or device you are using
If you download 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 MAY TRANSFER 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 these Terms.
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
These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these Terms.
IF A COURT FINDS PART OF THESE TERMS 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 illegal, unlawful or otherwise unenforceable, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THESE TERMS, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing these Terms, 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 these Terms, 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 THESE TERMS AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These Terms are governed by English law and you can bring legal proceedings in respect of the App in the English courts.
If you have any questions about these Terms, please contact us by email at email@example.com, by telephone on 08009708363 or by post at Mental Snapp Ltd, 101 Bramshot Avenue, London, SE7 7HX.