Terms of Use

 

Welcome to AppyWay’s Terms of Use for use of the AppyParking+ mobile parking application (“App” or “Application”) (collectively the “Terms”). This is a contract between you and us (as defined below), and you should make yourself familiar with these Terms before you use the App. Once you access, view or use the App, you are going to be legally bound by these Terms. 

You in relation to the Services shall be referred to as “You”, “Your” or the “User” as appropriate, and will be either: i) a private individual, or ii) a company or business.

The App for iOS and Android, is operated by Yellow Line Parking LTD (“AppyWay”, “we”, “us” or “our”). The App provides parking information and, in certain locations, services to pay for parking (collectively the “Service” or the “Services”). These Terms of Use apply solely to the Application provided by AppyWay. We appreciate responsible use of our Service so if you don’t agree to these Terms of Use below, please do not use the Services. 

If you are using the App to pay for parking, where this Service is available, please note our specific provisions in these Terms of Use relating to this part of our Service below.

You remain responsible for observing all the terms and conditions as set out in these Terms, and the laws of safe driving. The UK Highway Code takes precedent over parking information in the App, and your use of the App whilst driving. You are also reminded that parking is not permitted on dropped kerbs, and that this rule also takes precedence over parking information in the App. Please remember that the App should only be used as a guide.  

We will not in any event be liable for any fine, penalty, punishment or any notice of intended prosecution issued to anyone who uses our Services. We do not accept any liability if you use your mobile phone whilst driving. It is your responsibility to ensure that you only use our Services in conditions which will not affect your ability to drive safely or contrary to the laws of the country in which you are driving. 

Will These Terms Ever Change?

Changes in these Terms may happen, due to changes in our Services and the laws that apply to you and us. If we make a change, then the changes will be posted on this page and we will indicate the effective date of the updates at the bottom of these Terms. In certain circumstances, we may send an email to you notifying you of a change. It’s also possible that we might ask you to agree to our changes, but we’ll let you know. You should regularly check this page for notice of any changes – we want our users to be as informed as possible. We’ll do our best to provide you with advance notice, although in some situations an update to these Terms may need to be effective immediately. We will also try to explain the reasons for the change. 

Your continued use of the App and Services following any change constitutes your acceptance of the change and you will be legally bound by the new updated Terms. If you do not accept any changes to the Terms, you should stop using the App and Services immediately. 

What Do I Have To Do to Use the Services?

It’s simple:

  • You download the Application to your mobile device.
  • Once downloaded, you can choose to subscribe to AppyParking+ premium, for a subscription fee. The details of AppyParking+ premium, and payment details are set out below in these Terms. 
  • Allow us to identify your location.
  • We will identify your location or the area you are searching and provide you with parking information.
  • Where our Service to make payment for parking is available, and you wish to use this Service, you will need to first create an account on the App (“Account”) by providing us with some information about who you are which may include, but is not limited to: your name, birthday, your vehicle registration mark (this is the official term for your licence plate number), your email address and your chosen  password which will remain encrypted (collectively your “Account Information”) and accept these Terms. Please note, we cannot allow you to use another person’s Account or to share your Account with any other person without permission.

You can also create an Account by using your Facebook, Google, or Apple login details. If you create an Account using your Facebook, Google or Apple login details, you authorise us to access, display and use certain information from your Facebook, Google or apple account (e.g. your name, profile pictures, location and email address). For more information about what information we use and how we use it, please check out our Privacy Policy. 

In order to use the App, or Services, you must be legally permitted to use the App or Services by the laws of your home country. 

Certain portions of the App and / or Services, may not be accessible if you have not registered for an Account. AppyParking+ premium is also only available if you have subscribed to use this service. 

For more information about what information we use and how we use it, please check our Privacy Policy. 

What is AppyParking+ Premium?

AppyParking+ premium provides additional services in-app to our users who have opted to use the premium service. Additional features for AppyParking+ premium users include: 

  • Turn-by-turn navigation to nearest parking
  • Full restriction details for all bays, lines and zones
  • Daily timeline view for all bays, lines and zones
  • Weekly operating hours for all bays, lines and zones

Access to AppyParking+ premium is charged at a subscription fee, the amount of which is detailed on the App when you opt to subscribe, and charged in accordance with our payment terms below. 

Payment Terms 

Our AppyParking+ Premium service is available for users to subscribe to on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.

You may make an In-App Purchase by making a purchase through a third-party platform  (“Payment Method”) such as the Apple App Store and Google Play Store (“Third Party Store”). Once you have made an In-App Purchase, you authorise us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.

Subscriptions and Auto-Renewal: We may offer some services as automatically-renewing subscriptions, e.g., a one-week subscription, one-month subscription, three-month subscription, or other frequency as listed on the AppyParking+ premium App (“Premium Services”). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT OUR THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the AppyParking+ premium services to which you have subscribed and an opportunity to cancel. If we change these prices and you do not cancel your subscription, you agree that you will be charged at our then-current pricing for subscription.

Cancelling Subscriptions. If you purchased a subscription through a Third Party Store, such as the Apple App Store or the Google Play Store, you will need to access your account with that Third Party Store and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not (except as set forth in the subsection entitled “Refunds” below) be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the AppyParking+ premium services or In-App Purchases enabled by your subscription.

Free Trials. If you sign up for a free trial and do not cancel, your trial will convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial. If you have signed up for a free trial on AppyParking+ premium through the Apple Store or Google Play Store previously, you will not be eligible for another free trial and you will then be automatically signed up to a subscription and charged as described in this paragraph.

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.

Can I use the Application to Pay for Parking?

Our Service for payment for parking is available in certain locations. Where the Service is available, you can choose to use the App to pay for parking.

When you pay for your parking session through our App a convenience fee will be added to your total parking charge. The amount of the convenience fee may vary by location and will be clearly visible on the page in the App before you start a parking session. 

If you choose to use the App to pay for parking in these locations, you will be prompted to add a payment card to your Account in the App and choose the vehicle registration mark (this is the official term for your licence plate number) that you wish to use for the parking session.

The price you pay for parking is determined by the publicly posted tariffs at the on-street or off-street location where you choose to park and not by AppyWay. It is your responsibility to make sure you do not exceed the maximum stay for parking in the location in which you are parked. Please refer to the website of the relevant local authority for more information on applicable parking charges.

Where the Service is available and you have registered for an Account, the App will provide you with two options of paying for your parking session. The option you choose can impact the total cost you will pay for parking. These options are as follows:

1) One Click Parking®. This will be presented as a payment option when the App is able to sync to a parking sensor, located in your parking spot, via your phone’s Bluetooth. It is a pay-as-you-go parking session, so you do not need to select an end time. The parking session will automatically end when you drive away off the parking sensor. This type of session benefits from ‘linear pricing’ meaning that you will be charged for the minimum stay, and thereafter charged per minute that you are parked. The per minute rate is calculated on a pro-rata basis from the price of a standard increment at that parking location. All parking charges are determined by the local authority or car park operator.

Here’s an example to help illustrate how One Click Parking® works. An on-street parking bay in the town of Harrogate on West Park has a minimum stay of 30 minutes. This represents a minimum charge of 80p. If you used the Application and selected One Click Parking® to pay for parking at this location and stayed for 40 minutes, the cost of parking would be £1.07. Comprising 80p minimum charge for the first 30 minutes and then 27p for the additional 10 minutes (being the per minute rate). The alternative option would be to pay for a parking ticket from a pay and display machine for 1 hour, costing £1.60.

2) A ‘Pay for Parking’ session. This is not reliant upon a parking sensor and will not end automatically when you drive away. Instead, when you start your session in the Application, you will be prompted to set a duration for your parking session based upon the time increments available at that location, in exactly the same way you would at a pay and display machine. A key benefit of using this option in the Application to pay for your parking session however, is that should you return to your vehicle before your allotted duration expires, you can end your session early and the Application will calculate the cost of your parking session by the minute using the same ‘linear pricing’ methodology explained in the One Click Parking® section above. This means you do not pay for time you do not use.

Whether you use One Click Parking® or a ‘Pay for Parking’ method of payment for your parking session, a convenience fee is added to your total parking charge, as referred to at the top of this section of these Terms.

Where the Service is available, you can use the App to obtain automatic entry, exit and payment for parking at selected barrier car parks. To use this functionality, you must first add a valid payment card and opt-in to this feature by selecting the ‘barrier entry’ option for each vehicle that you have added in your Account that you wish to use barrier entry for. Where you have multiple payment cards in your Account, payment will automatically be charged to the payment card you have selected as ‘primary’ in the payment card registration screen. These preferences can be changed after registering from within your Account settings. Please note, by opting in-to barrier entry you are responsible for payments for any parking session made by that vehicle in participating barrier car parks. 

Only one account may be responsible for automatic barrier entry payments for any given vehicle. If your vehicle is added to another Account and barrier entry has also been selected for that vehicle, then barrier entry will be automatically turned off in your Account for that vehicle. You will still be able to use the App to obtain parking information and to pay for parking for that vehicle. 

If there is an issue with your parking session, please contact us by email at: mobilesupport@appyway.com, where we will be able to assist.

AppyWay will not be responsible for any parking fines or other losses you incur due to you providing incorrect information in relation to your parking session. Please therefore ensure you have a valid payment card assigned to your Account in the Application and have selected the correct vehicle registration mark (your licence plate number) that you wish to use for the parking session.

In the event that you receive a penalty charge notice (also known as a parking ticket) issued by a parking enforcement officer, you will need to follow the statutory process and make a representation to the local authority concerned. More details can be found on the penalty charge notice itself.

Your Account

You must ensure that all details provided by you on registration for an Account or at any time, on the AppyParking+ App, are correct and complete; if any of your details change please let us know. If you use a username that is not your real name, please also provide us with your real name. When you create an Account you also agree to maintain the security of your password and accept all risks of unauthorised access to your Account Information and any other information you provide to us. If you discover or suspect any security breaches, please let us know as soon as possible. We may suspend or cancel your Account, and / or access or use of the App, and / or Services, immediately at our reasonable discretion or if we discover you have breached any of these Terms. You may cancel your Account by notifying us in writing. If you cancel your Account you will be unable to use the parking payment services.

What Are The Restrictions That Apply To Use Of AppyParking+?

You agree to:

  • follow all applicable driving laws and parking restrictions;
  • comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws, and regulatory requirements; 
  • use the App and Services in a professional manner; 
  • not collect any personal information about other users;
  • not act in an unlawful or unprofessional manner including being dishonest, abusive, or discriminatory; and / or
  • not use the App or Services in any manner that could interfere with, disrupt, or negatively affect other users from fully enjoying the App or Services or that could damage the functioning of any of the foregoing. 

We reserve the right to investigate any possible violations of these Terms, and we may, in our sole discretion, immediately terminate any user’s right to use the App or the Services, without prior notice, as set out further in these Terms. 

Intellectual Property

AppyWay respects intellectual property rights and expects you to do the same. AppyWay owns all the intellectual property rights in the Services and App, including the text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on the App and Services, which are owned, controlled or licenced by us, and are protected by copyright, trademark and other intellectual property law rights (“Our Content”). All right, title and interest in and to Our Content remains with us at all times. 

We grant you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use Our Content, without the right to sub-licence, under the following conditions: 

  • you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App and / or Services; 
  • you shall not use our name in keywords, hidden text and / or similar; 
  • you shall not create derivative works form Our Content or commercially exploit Our Content, in whole or part, in any way; and 
  • you shall use Our Content for lawful purposes only. 

We reserve all other rights. 

Please do not try to copy, distribute, use or re-use any material from our Services unless we give you our written permission. Scraping or replicating any part of the Services without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces, unless you have been specifically allowed to do so in a separate agreement with us.

Shopping or Getting Cash

Remember that parking to shop or going to the cash machine is not loading and you are not eligible to park in a loading bay.

A Right To Change the Service

In order to improve our Services we may need to change certain aspects of our Services that you may or may not agree with. You agree that AppyWay will not be responsible for any changes to the Services that may affect you or interrupt your use and enjoyment of the Services. If you are interrupted by any changes to our Services, please get in touch and we will try to resolve any issues you have experienced.

How Can I Send A Notice To AppyWay?

Any notice regarding AppyParking+ must be sent to us by email to: mobilesupport@appyway.com.

Will AppyWay Ever Contact Me?

Yes. Sometimes we will send you information about the App and / or Services, and / or any new products and services by AppyWay, and these communications may take place via electronic means. We might also send you information about your Account as well as updates about the Services and promotional offers. Any contact by us regarding the aforementioned, will be conducted within the App or within your Account either via push notification or within the messaging feature. If you email our support email address regarding any matter, we will respond directly to your email address that you used to contact us. 

For contractual purposes, you (a) consent to receive communications from AppyWay in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that AppyWay provides to you electronically satisfy if it were to be in writing. The foregoing does not affect your statutory rights. 

What Law Applies To My Use Of AppyParking+?

These Terms, your access to the App, use of the Services, and any claims arising from or related to your relationship with AppyWay, are governed and interpreted by the laws of England and Wales. If any part of these Terms is found by a court to be invalid, you and AppyWay agree that the court should try to give effect to the parties’ intentions while keeping the remaining Terms in full force and effect.

Push Notifications and Location Based Features

We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and / or Services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App and / or you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at mobilesupport@appyway.com.

The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device / computer / tablet / electronic device to disable GPS, Bluetooth or other location determining software or do not authorise the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read the AppyWay Privacy Policy. 

Third Party App Store

The following additional terms and conditions apply to you if you download the App from a third-party platform such as the ‘Apple App Store’ and ‘Google Play Store’ (a “Third Party Store”). To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this section, the more restrictive or conflicting terms and conditions in this section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:

  • These Terms are concluded solely between you and AppyWay and not with the providers of the Third Party Store, and AppyWay (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
  • The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. AppyWay Group is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of AppyWay.
  • AppyWay, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
  • The Third Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
  • In the event of a conflict between a Third Party Store’s or mobile carrier’s applicable terms and conditions and these Terms, the terms and conditions of the Third Party Store or mobile carrier shall govern and control. We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third Party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

Third-Party Integrations

Our App and some Services use third-party integrations with Mixpanel, Firebase, Mapbox or AppsFlyer. Where you use our App and / or Services you will be subject to the respective Mixpanel, Firebase, Mapbox or AppsFlyer Terms of Use. If you do not agree to be subject to the respective Mixpanel, Firebase, Mapbox or AppsFlyer Terms of Services, you should not use our App and / or Services. 

Privacy

For information about how AppyWay collects, uses and shares your personal data, please check our Privacy Policy. By using the App and Services, you acknowledge that we may use such data in accordance with our Privacy Policy. 

Disclaimer 

THE APP, SERVICES AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP OR SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT AND WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE. APPYWAY MAKES NO WARRANTY OR REPRESENTATION THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE OF SATISFACTORY QUALITY, 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 SYSTEMS, THAT IT WILL BE SECURE AND THAT ALL INFORMATION PROVIDED WILL BE ACCURATE. WE MAKE NO GUARANTEE OF ANY SPECIFIC RESULTS FROM THE USE OF OUR SERVICES. NO PART OF THE APPLICATION IS INTENDED TO CONSTITUTE ADVICE AND THE CONTENT OF THIS APP SHOULD NOT BE SOLELY RELIED UPON WHEN MAKING ANY DECISIONS IN RELATION WHERE YOU SHOULD PARK OR TAKING ANY ACTION OF ANY KIND. THE INFORMATION ON THE APP IS NOT DESIGNED WITH COMMERCIAL PURPOSES IN MIND. COMMERCIAL USE OF THE CONTENT OF THIS APPLICATION IS FORBIDDEN AND WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR CONTENT IS SUITABLE FOR USE IN COMMERCIAL SITUATIONS OR THAT IT CONSTITUTES ACCURATE DATA AND / OR ADVICE ON WHICH BUSINESS DECISIONS CAN BE BASED. APPYPARKING, APPYPARKING+ AND ANY OTHER APPYWAY SERVICES CANNOT BE USED FOR COMMERCIAL SERVICES UNLESS SUBJECT TO A SEPARATE AGREEMENT ENTERED INTO WITH APPYWAY. HEAVY USERS OF OUR SERVICE AND BUSINESS CUSTOMERS ARE REQUIRED TO SUBSCRIBE TO OUR COMMERCIAL SERVICE WHICH WILL BE SUBJECT TO OUR BUSINESS FEE RATES. 

SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OF IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. 

LIMITATION OF LIABILITY

IN NO EVENT WILL APPYWAY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OFTHE APP, SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP OR SERVICE, REGARDLESS OF THE FORM OF ACTION, AND HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP, AND / OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP AND / OR SERVICES.

WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT YOU MAY SUFFER AS A RESULT OF YOU NOT USING THE APP AND / OR SERVICES CORRECTLY OR IF YOU FAIL TO COMPLY WITH THESE TERMS. WE DO NOT ACCEPT ANY LIABILITY FOR PENALTY CHARGE NOTICES BEING ISSUED, OR OTHER PARKING ENFORCEMENT ACTIONS BEING IMPLEMENTED. YOU ACKNOWLEDGE THAT OUR SERVICES FROM TIME TO TIME MAY BE ADVERSELY AFFECTED BY THE PROXIMITY OF BUILDINGS, TREES, UNDERPASSES, LOCAL ENVIRONMENTAL CONDITIONS, INCOMPLETE OR INCORRECT DATA AND OTHER CAUSES BEYOND OUR CONTROL. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE INCURRED THROUGH FAILURE OF THE APP AND / OR SERVICES TO OPERATE OR INEFFECTIVE OR INCORRECT OPERATION. WE DO NOT WARRANT THAT OUR APP AND / OR SERVICES WILL CONTINUE TO BE LEGAL TO VIEW OR USE IN THE UK OR IN ANY OTHER COUNTRY. WE WILL NOT BE LIABLE TO YOU OR ANY USER SHOULD ANY CHANGES OCCUR TO LEGISLATION WHICH MIGHT PREVENT THE USE OF OUR APP AND / OR SERVICES. WE WILL NOT BE LIABLE TO YOU IF THE PERFORMANCE OF OUR OBLIGATIONS UNDER THESE TERMS IS PREVENTED OR HINDERED DUE TO ANY CIRCUMSTANCES OUTSIDE OF OUR REASONABLE CONTROL.

IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID, OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID USING THE APP AND / OR SERVICE, IN THE PREVIOUS 12 (TWELVE) MONTHS FROM THE DATE OF A CLAIM. 

THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY RELEASE, AND HOLD US, AND OUR PARTNERS, LICENSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, LOSSES, AND ALL COSTS AND EXPENSES (INCLUDING REASONABLE LEGAL FEES, COSTS, PENALTIES, INTEREST AND DISBURSEMENTS), DAMAGES (ACTUAL AND / OR CONSEQUENTIAL), AND LIABILITIES SUFFERED OR REASONABLY INCURRED BY US ARISING AS A RESULT OF, OR IN CONNECTION WITH 

  • AVOIDING, ANY CLAIM OR DEMAND FROM A THIRD PARTY RELATING TO YOUR USE OF THE SERVICE OR THE USE OF THE SERVICE BY ANY PERSON USING YOUR ACCOUNT;
  • ANY NEGLIGENT ACTS, OMISSIONS OR WILFUL MISCONDUCT BY YOU;
  • YOUR ACCESS TO AND USE OF THE APP AND SERVICES; 
  • YOUR VIOLATION OF ANY LAW OR OF ANY RIGHTS OF ANY THIRD PARTY; AND / OR
  • ANY VIOLATION OF THESE TERMS BY YOU.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will cooperate fully and reasonably as required by us in the defence of any relevant claim.

The foregoing provision does not require you to indemnify AppyWay for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App and / or Services.

Termination

These Terms commence on the date you accept them (as described at the top of these Terms) and continue until terminated in accordance with the terms herein.

If you want to terminate these Terms, you may do so by (a) notifying AppyWay at any time, and (b) stopping using the App and / or Services, or (c) if applicable, by closing your Account. Your notice should be sent to mobilesupport@appyway.com.

AppyWay may terminate or suspend these Terms, your usage of the App and / or Service, including your Account, if you breach these Terms or if AppyWay is required to do so by applicable law. You agree that all terminations for cause shall be made in AppyWay’s sole discretion and that AppyWay shall not be liable to you or any third party for any termination of your use of the App and / or Service, or your Account.

In the event that AppyWay determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conducted inappropriate for the App, AppyWay reserves the right to: (a) warn you via email (to any email addresses you have provided to AppyWay) that you have violated the Terms; (b) discontinue your Account; (c) disable your access to the App and / or Services; and/or (d) pursue to any other action which AppyWay deems to be appropriate.

Termination of these Terms or your Account includes the removal of access to your Account, and all related information and content associated with or inside your Account.

All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including, without limitation, the warranty disclaimers and limitation of liability.

Miscellaneous

These Terms, which we may amend from time to time, constitute the entire agreement between you and AppyWay on the subject matter. The Terms supersede all previous agreements, representations, and arrangements between us (written or oral), excluding the Privacy Policy. Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation. 

AppyWay has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on the App and within the Services, and provides that information on an “as is”, “as available” basis. AppyWay does not give or make any warranty or representation of any kind about the information contained on the App and within the Services, whether express or implied. Use of the App and the Services and the materials available on/within each is at your sole risk. AppyWay is not responsible for any loss arising from the transmission, use of data, or inaccurate content.

You are responsible for taking all necessary precautions to ensure that any material you may obtain from AppyWay within the App and / or Services, or in connection with the aforementioned, is free of viruses or other harmful components. You accept that the App and the Services will not be provided uninterrupted or error free, that defects may not be corrected or that AppyWay, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. AppyWay is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.

By using the App, you agree and acknowledge that the App and Services operate through servers located in a number of countries around the world. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by making use of the applications available on the App and / or use of the Services, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.

The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:

  1. the availability or accuracy of such websites or resources; or
  2. the content, products, or services on or available from such websites or resources.

Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.

These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.

If you have any questions, complaints or claims with respect to the App, please contact us at mobilesupport@appyway.com.

Feedback

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Effective Date 

These Terms were last updated on [09 March, 2022].