1.1 We, Membifi Ltd of The Old Village Hall Kingston Lisle Business Centre, Kingston Lisle, Wantage, England, OX12 9QX, license you to use:
· Membifi App mobile application software, the data supplied with the software, (App) and any updates or supplements to it;
· The service you connect to via the App and the content we provide to you through it (Services).as permitted in these terms.
1.2 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
1.3 We notify you of a change with details of the change when you next start the App.
1.4 If you do not accept the notified changes you may continue to use the App and the Services in accordance with the existing terms but certain new features may not be available to you.
2.3 By using the App or the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any services to you.
2.4 Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these services, you consent to us and our licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based services. You may stop us collecting such data at any time by turning off the location services on your mobile phone settings.
2.5 The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
The ways in which you can use the App may also be controlled by the Apple or Android’s rules and policies these will apply instead of these terms where there are differences between the two.
This app requires a iPhone device with a minimum of memory and the IOS operating system with version 12 and more later versions.
5.1 Support. If you want to learn more about the App or the services or have any problems using them please take a look at our support resources at www.membifi.com5.2 Contacting us (including with complaints). If you think the App or the Services are faulty or misrepresented or wish to contact us for any other reason please email us at firstname.lastname@example.org.
5.3 How we will communicate with you. If we have to contact you we will do so through the App, by email, by SMS or by pre-paid post, using the contact details you have provided to us.
6.1 In return for your agreeing to comply with these terms you may:
· Download a copy of the App onto an iPhone device and view, use and display the App and the Service on such devices for your personal purposes only;
· Receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
6.2 You must be 18 or over to accept these terms and buy the App. If you are between 16 and 18, you need parental consent and a parent to accept these terms and buy the App.
6.3 We are giving you personally the right to use the App and the Service as set out in section 6.1 You may not otherwise transfer the App or the Service 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.
6.4 If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
6.5 Membifi reserves the right to disallow, interrupt or block the use of the App or the Services of any user at any time.
You agree that you will:
7.1 Not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
7.2 Not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
7.3 Not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, or Services nor permit the App or the services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
7.4 Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the services nor attempt to do any such things;
7.5 Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
8.1 Not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
8.2 Unless you are encouraged via the App to share gifts via social media, not allow anyone else than you to use the App and its services (in particular, vouchers), by making screenshots of vouchers to be used by others or by using any other method;
8.3 Not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);
8.4 Not transmit any material that is defamatory, offensive or otherwise objection able in relation to your use of the App or any service;
8.5 Not use the App or any Service in a way that could damage, disable, over burden, impair or compromise our systems or security or interfere with other users; and
8.6 Not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
9.1 From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
9.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
9.3 The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you downloaded it.
All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the services other than the right to use them in accordance with these terms. OUR RESPONSIBILITY FOR LOSSOR DAMAGE SUFFERED BY YOU
10.1 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.
10.2 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.
10.3 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 free of charge 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.
10.4 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.
10.5 Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
10.6 Please back-up content and data used with the App. Were commend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Services.
10.7 Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services meet your requirements.
10.8 We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your agreement with us and receive a refund for any Services you have paid for but not received.
10.9 We are not responsible or liable for our partner’s acts and omissions. We are not responsible and cannot be held liable for the acts and omissions of our partners via the mobile app, in particular in their performance of any specific offer or voucher.
11.1 We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
11.2 If we end your rights to use the App and Services:
· You must stop all activities authorised by these terms, including your use of the App and any Services;
· You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this;
· We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
12.1 Prolonged non-use of your Membifi account and leftover monies in your Membifi account. In order for us to be able to effectively manage our users’ accounts, you understand that if you do not use your Membifi account for over two years, we reserve the right to close your account without further notice. If you have not withdrawn monies that you had have in your Membifi account for over that period of two years and that this amount is below £5, your account will be closed and you will loose access to these funds. In the event that these monies are over £5, we will contact you in order to send these monies back to you. If we do not hear from you within 60 days after this, you may loose access to these funds.
12.2 Transfer. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the agreement. You may only transfer your rights or your obligations under these terms to another person if we agree inwriting.
12.3 No rights for third parties. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
12.4 If a court finds part of this agreement illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 Even if we delay on enforcing this agreement we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, 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.
12.6 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Centre for Effective Dispute Resolution (CEDR) via their website at https://www.cedr.com/. The CEDR will not charge you for making a complaint and if you are not satisfied with the out come you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
12.7 Which laws apply to this agreement and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.