Effective November 15th, 2016
These Terms include important limitations on Hope’s liability. You should read these Terms in full and should pay special attention to the disclaimers and limitations set forth under the headings “Disclaimer of Warranties” and “Limitation of Liability” herein. By using the Services, you are acknowledging that you are aware of such disclaimers and limitations and explicitly agree thereto.
You may set up an account with Hope using your log-in details from third-party services approved by us, including Facebook, and you give us permission to access and use your information from such third-party services as permitted by those services. In all cases, you are responsible for your account, including making sure that your details are correct and kept up-to-date and ensuring that your password is secure. You are also responsible for all activity that takes place on your account. You must not share your account with any other person.
Mobile Carrier Fees
You must have an internet-enabled cell phone or device (a “Device”) in order to use the Services. Normal carrier charges and taxes may apply to your use of the Services. Hope is not responsible for any surcharges, taxes or other fees you incur from your Device or internet service provider as a result of the use of the Services.
Safety and Liability
Hope does not accept any responsibility or liability for your safety, including but not limited to your failure to act in a safe manner. You recognize that Hope is not liable for your safety, and that you are solely responsible for taking appropriate safety precautions.
Many of the essential features of the App, by their nature, require the use of "location-based" services and technology. By using the App, you acknowledge that the location tracking features (e.g. GPS, etc.) of your Device must be enabled at all times when you are using the App and you must provide permission in your Device settings for the App to access your location. By using the App, you consent to us and our affiliates' collection, transmission, retention, processing and use of your location data in order to provide you with the Services. You may withdraw this consent at any time by turning off the location services settings for the App on your Device. However, if you do so, this will adversely affect the functionality of the App and the Services.
Hope cannot guarantee that the location services that Hope uses to provide the Services, including but not limited to geofencing, are accurate or error-free or will function without interruption. Because the location services we use are not always accurate, we cannot guarantee that the App will correctly reflect the user’s location at any given time. For example, there may be instances when the App shows that a user is out and about when in fact that user is actually at home. Connecting to the internet via Wi-Fi helps to minimize the risk of such inaccuracies and Hope therefore recommends that you utilize Wi-Fi connections whenever possible.
In addition, Hope does not live track its users and has no control over when the App updates location information with respect to a user. The frequency and timing of such location updates depends on factors outside of Hope’s control such as the operating system utilized by your Device, how often you use the App, what time of day it is and whether or not your Device is plugged into a power source. Hope strives to provide information to you regarding the timeliness of location information displayed in the App and displays this information in the App using the following color coded system:
• Bright green means the App sent an update less than an hour ago and the user was at one of the locations that has been included in the “Places” section of the App (a “Designated Place”).
• Faded green means the App sent an update over an hour ago and the user was at a Designated Place.
• Bright orange means the App sent an update less than an hour ago and the user was not at a Designated Place.
• Faded orange means the App sent an update more than an hour ago and the user was not at a Designated Place.
• No color means the user’s Device is turned off, the Device is not connected to the internet, the Device’s battery is dead, the user turned off the Device’s location tracking feature, the App has not sent a location update in over eight hours or the App is closed or not operating for some other reason.
As a result of the foregoing, Hope does not represent or warrant that location information provided in the App will be accurate, complete, error-free or up to date and by using the Services, you hereby acknowledge and agree that Hope is not liable for any loss, damage, errors or omissions resulting from any of the foregoing.
Networks, Servers and Devices
You understand that your use of our App may be limited by your network provider or by the capabilities of your Device. If your Device or network are incompatible, inoperative, interrupted or circumvented, or in ‘Airplane Mode’ or similar modes without network connectivity, the App, or certain functions therefore, may be unavailable or inaccurate. The functionality and capabilities of the App also depend on you ensuring that the App is turned on at all times. If you do close the App, you will see a pop-up reminding you that the App needs to be open to share accurate location information, but you are solely responsible for ensuring that the App remains open on your Device. Hope takes no responsibility for the proper functioning of any networks, servers or devices. You agree that Hope shall have no liability to you or to any third party arising as a result of any networks, servers or devices failing to perform in the manner intended, failure of our Services to properly operate with your networks, servers or devices or from any errors occurring on your networks, servers or devices as a result of your use of our Services.
You agree not to do any of the following:
• Use the Services for any unlawful purposes or to conduct any unlawful activity.
• Use the Services to impersonate another person.
• Imply or state, directly or indirectly, that you are affiliated with or endorsed by Hope without our express written permission.
• Use the Services to send unsolicited messages (also known as junk mail or SPAM).
• Use the Services to offer any contest, sweepstakes, coupon or other promotion.
• Upload, post, e-mail, transmit or otherwise make available any files that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or that may impact the ability of any user to access the Services.
• Attempt to or actually override any security component included in or underlying the Services.
• Attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Site’s or the App’s infrastructure.
• Use the Services for commercial purposes.
• Use the Services to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Use the Services to publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Use the Services to upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Restrict or inhibit any other user from using and enjoying the Services.
• Use the Services to harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Remove, alter, obscure, destroy, or attempt to circumvent any notices, proprietary marks or codes, means of identification, digital rights management tools or information included in or related to the Services.
• Reverse engineer, disassemble, decompile, convert into human-readable format, or otherwise attempt to derive the source code of any software included in or related to the Services (except to the extent that applicable law permits such acts notwithstanding any contractual prohibition).
• Store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display or create derivative works of the Property (as defined below in the section titled “Intellectual Property Rights”).
Hope may determine in its sole discretion whether or not you are violation of any of these restrictions. Offending users may be permanently restricted from using the Services. Hope will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law and may involve and cooperate with law enforcement authorities in doing so. You acknowledge that Hope has no obligation to monitor your access to or use of the Services, but has the right to do so for the purposes of operating the Services, ensuring your compliance with these Terms, or complying with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Intellectual Property Rights
All materials and services available on the Site, in the App or otherwise through the Services, including all designs, graphics, text, “look and feel,” layout, photographs, videos, sounds, newsletters, functions, files, documents, images or other materials, whether publicly posted or privately transmitted, software and code, as well as all derivative works thereof and all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services (collectively, our “Property”), are owned by Hope and its licensors and such Property is subject to and protected by United Kingdom and international copyright and other intellectual property laws and rights. Subject to your compliance with these Terms, we hereby grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use the Property solely to the extent necessary to access and make personal and non-commercial use of the Services. You will not obtain any ownership interest in the Property or the Services through these Terms or otherwise. All rights to the Property not expressly granted in these Terms are reserved to their respective copyright owners. Except as expressly authorized by these Terms or as is necessary to use the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Property in any form or by any means, without the prior written authorization of Hope or the respective copyright owner. Any use of the Property for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited.
Content You Provide to Us
We always appreciate your feedback or other suggestions about our Services, but you understand that the comments, suggestions or other feedback you give us about the Services (the “Feedback”) will constitute our confidential information and we are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without acknowledgment or compensation to you.
Hope may allow you to submit information to us through e-mail and other manners in connection with providing us Feedback and/or obtaining user support from us. Hope may in the future also offer you the ability to post and provide reviews, comments, photos, images, logos, descriptions and other content on the Site, in the App or otherwise through the Services (collectively with any other information submitted to Hope, the “User Content”).
If you do post or provide User Content, you grant Hope a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media for any purpose in Hope’s sole discretion, without payment or compensation to you of any kind. You grant Hope the right to use the name that you submit in connection with such User Content, if we choose to use it. You represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you post or provide, (ii) that the User Content you post or provide is accurate, (iii) that use of the User Content you supply does not violate these Terms or applicable laws, rules or regulations and will not cause injury to any person or entity, and (iv) that you will indemnify Hope for all claims resulting from the User Content you supply in accordance with the section titled “Indemnification” below. Any User Content posted or provided will be considered public, and Hope will not be responsible for the actions of users with regards to any public information.
Monitoring What You Provide Us
Hope may, but has no obligation to, monitor User Content on the Site or in the App. Hope, in its sole discretion, may refuse to post, remove, or require you to remove, any User Content, in whole or in part, at any time. We further reserve the right to withhold and or discard any User Content, with or without notice, if deemed by us to be contrary to these Terms. For avoidance of doubt, Hope has no obligation to store, maintain or provide you a copy of any User Content that you or other users provide when using the Services. Hope takes no responsibility and assumes no liability for any User Content.
Copyright Complaint Policy
If you are a copyright owner or a direct agent thereof and believe that any content include in the Services infringes upon your copyrights, you may notify us in writing at the following address:
Cape Digital LTD
67-71 Shoreditch High St
Any copyright notification submitted to us shall contain the following:
• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the material claimed to have been infringed, and enough pertinent information about the location of the material to enable us to locate it within the Site or the App, as applicable;
• your contact information such as an address, telephone number, and, if available, an e-mail address;
• a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Third-Party Websites; Third-Party Services; No Implied Endorsement
The Services may contain links to other websites owned by third parties ("Third-Party Sites"). Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. Hope is not responsible for any activity occurring within Third-Party Sites. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any Third-Party Sites, whether or not you were linked to or directed to a Third-Party Site through the Services. You acknowledge that Third-Party Sites may be subject to the applicable third-party provider’s terms of service, and you are solely responsible for reviewing and complying with any such terms of service. In no event shall any reference in the Services to any third party, third-party website or third-party product or service be construed as an approval or endorsement by us of that third party, third-party website or of any product or service provided by a third party.
Disclaimer of Warranties
The Services and Property are provided “as is,” “as available,” “with all faults” and without any warranty of any kind, express or implied. To the fullest extent permissible under applicable law, Hope and its suppliers and licensors disclaim all warranties of any kind, either express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, neither Hope nor its suppliers or licensors warrant that access to the Services will be free of delays, uninterrupted or error-free, or that defects, if any, will be corrected; nor does Hope or its suppliers or licensors make any representations about the accuracy, reliability, currentness, quality, completeness, usefulness, performance, security, legality or suitability of the Services or any information provided in connection with the Services. Hope and its suppliers and licensors do not warrant or make any representations regarding the use or the results of the use of any location information in terms of security, safety, correctness, accuracy, reliability, or otherwise. Further, Hope and its suppliers and licensors make no representation or warranties that the Services are appropriate or available for use in all geographic locations. Hope will not be liable for delay, failure, or inadequate performance in its Services to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and internet disturbance) that was beyond Hope’s reasonable control. Neither Hope nor any of its suppliers or licensors warrant that the Servers or any related servers are free of viruses or other harmful components. You expressly agree that your use of the Services is at your sole risk. We do not control, and are not responsible for, controlling how or when our users use our Services. We are not responsible for and are not obligated to control the actions or information (including User Content) of our users or other third parties.
The laws of some countries do not allow certain limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply to you and you might have additional rights. Nothing in these Terms shall have the effect of excluding or limiting those implied warranties which may not be excluded or limited under applicable law.
Limitation of Liability
When permitted by law, Hope and its suppliers and licensors will not be responsible for incidental, indirect, special, consequential, exemplary or punitive damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your Device or otherwise) arising from or in connection with use of the Services, whether under a theory of breach of contract, negligence, strict liability or otherwise, even if Hope has been advised of the possibility of such damages. To the extent permitted by law, the total liability of Hope and its suppliers and licensors for any claims under these terms, including for any implied warranties, is limited to an aggregate of £100.
Notwithstanding anything to the contrary herein, nothing in these Terms limits or excludes our liability for (i) fraudulent representations made by us, (ii) death or personal injury caused by our negligence or willful misconduct or (iii) any other liability that cannot be excluded by applicable law.
You agree to indemnify, hold harmless, and defend Hope and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use of the Services, (ii) your User Content, (iii) your breach of these Terms or (iv) any misrepresentation made by you. You agree to fully cooperate in the defense or settlement of any claim at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, for all or some of our users, for any reason, at any time and in our sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted.
We reserve the right, in our sole discretion, to modify or replace any part of these Terms at any time, effective upon the date of the modification. In the event of any such change, we will post a notice on the Site that we have changed these Terms. We encourage you to visit this page periodically to monitor any changes. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Services. For the avoidance of doubt, such new features and/or services shall be subject to the terms and conditions of these Terms.
These Terms are governed by English law. The English courts shall have exclusive jurisdiction over any dispute relating to these Terms. Notwithstanding the foregoing, either party may seek equitable relief in the courts of any country, state or other territory which accepts jurisdiction. The application hereto of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
By using the Services, you agree to comply with all applicable United Kingdom and foreign export control and trade sanctions laws (collectively, “Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (i) to any individual, entity, or country prohibited by Export Laws; (ii) to anyone on UK or non-UK government restricted parties lists; or (iii) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any UK or non-UK restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.
You acknowledge that a violation or attempted violation of any of these Terms will cause such damage to Hope as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Hope shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Hope in obtaining such an injunction, including, without limitation, attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
These Terms does not confer any third-party beneficiary rights. The Contracts (Rights of Third Parties) Act 1999 (the “Act”) shall not apply to these Terms and no person other than the parties to these Terms shall have any rights under the Terms, nor shall these Terms be enforceable under that Act by any person other than the parties hereto.
Use of Our Services Abroad
Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law. We reserve the right to limit our Services in any country.