App Site User Terms

QUDINI LIMITED, a company registered in England and Wales under company number 08121501 whose registered office is at 35 Kingsland Road, London, England E2 8AA hereinafter referred to as ‘Qudini’ or ‘We’ set out the following terms and conditions upon which Qudini offers a Qudini Subscriber, hereinafter referred to as ‘You’ or ‘Your’ or ‘Qudini Subscriber’ a non-exclusive, non-transferable licence to download, install and use the Qudini mobile software application (the ‘App Site’) on Your Device in order to access and use the Qudini Services.

The terms herein apply to the App Site (including any updates or supplements to the App Site) and these terms incorporate our:

by this reference which apply in full to Your use of the App Site to the extent they are applicable (collectively called the ‘Qudini Licence’). The App Site is further licensed to You subject to any rules or policies applied by any App Store provider or operator (the ‘App Store Rules’) from whose site You download or stream the App Site from the GOOGLE PLAY and ITUNES stores (the ‘App Store’). You should print a copy of this for future reference.

1. DEFINITIONS

Unless otherwise indicated, all definitions used in the SaaS Subscriber Terms or the Enterprise SaaS Subscriber Agreement shall apply herein. The following words shall have the following meanings:

App Site: refers to the mobile software application provided by Qudini in object form for download and installation by a Qudini Subscriber onto a Device.

Device Requirements: refers to the minimum specifications required for Your Device to install and use all features of the App (downloaded from the app store or provided to you by us via an APK).

Mobile Network Provider: refers to the third party mobile telecoms provider with whom You have a mobile contract with to access the internet.

GENERAL

2.1 This Qudini App Site User Terms forms a legally binding agreement between You and Qudini in relation to Your use of the App Site to access the Qudini Services and applies to all Qudini Subscribers.

2.2 You should read the terms herein carefully and ensure that You understand the effect before proceeding to use the App Site to access the Qudini Services from Your Device. If You disagree with any part of these terms, do not use the App Site and stop the downloading or streaming process now by clicking on the “Cancel” button below. In this case, the downloading or streaming process will terminate.

2.3 If You violate the terms herein, Qudini may terminate Your use of the App Site, bar You from future use of the App Site and/or take appropriate legal action against You.

2.4 Qudini reserves the right to change the terms herein at any time without notice, including without limitation, the removal, modification and/or variation of any            elements, features and functionalities of the App Site. Such shall be effective immediately upon posting on the App. You agree that Qudini will treat Your use of the App Site as acceptance of the terms including Your continued use subsequent to any changes being posted on the App Site including any upgrades to the App Site software which may be added from time to time to add new functions and support. We may change these terms at any time by sending You an SMS (or email) with details of the change or by notifying You of a change when You next start the App. The new terms may be displayed on-screen and You may be required to read and accept them to continue accessing the Qudini Services via Your Device using the App.

2.5 You acknowledge that You will not necessarily be able to successfully access and use certain functionalities of the App Site unless You have use of a Device and meet the Device Requirements and any network requirements.

2.6 You will be assumed to have obtained permission from the owners of the Device that is controlled, but not necessarily owned, by You and to download or stream a copy of the App Site on to the Device.

2.7 You further acknowledge that the terms of agreement with Your respective Mobile Network Provider will continue to apply when using the App Site. As a result, You may be charged by the Mobile Network Provider for access to network connection   services for the duration of the connection while accessing the App Site or any such third party charges as may arise and You accept responsibility for any such charges on or in relation to any Device, whether or not it is owned by You. If You are not the bill payer for the Device being used to access the App Site, You will be assumed to have received permission from the bill payer for using the App.

2.8 If any open-source software is included in the App, the terms of an open-source licence may override some of the terms herein.

2.9 From time to time, updates to the App Site may be issued through the App Store. Depending on the update, You may not be able to use the Qudini Services via the App Site on Your Device until You have downloaded or streamed the latest version of the App Site and accepted any new terms.

2.10 By using the App Site to access the Qudini Services, You consent to us collecting and using technical information about the Devices and related software, hardware and peripherals in respect of the Qudini Services that are internet-based or wireless to improve our services and to provide any Qudini Services to You.

2.11 In the event that certain Qudini Services make use of location data sent from the Device, You can turn off this functionality at any time by turning off the location services settings for the App Site on the Device. If You use these services, You consent to us and our affiliates’ and licensees’ transmission, collection, maintenance, processing and use of Your location data and queries to provide and improve location-based and road traffic-based services. You may withdraw this consent at any time by turning off the location services settings.

2.12 By using the App Site, You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information You send using the App Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

2.13 If any terms herein conflict with any terms in the Privacy Policy, the SaaS Subscriber Terms, the Enterprise SaaS Subscriber Agreement, the Site & App Site Terms of Use or the Cookie Policy (as applicable), these terms shall prevail. If there is a conflict between the App Store Rules and the terms of the Qudini Licence, the App Store Terms shall prevail.

3. GRANT & SCOPE

In consideration of You agreeing to abide by the terms herein and for all Qudini Fees having been received by Qudini in full and clear funds, We grant You a non-transferable, non-exclusive licence to use the App Site on Your Device(s), subject to these terms and the App Store Rules, incorporated herein by reference. We reserve all other rights. You may:

a. download or stream a copy of the App Site onto Your Device(s); and,
b. view, use and display the App Site on the Device(s) for the purposes of using the Qudini Software. (the ‘Qudini App Site Licensed Rights’)

4. QUDINI LICENCE RESTRICTIONS

Except as expressly set out in these terms or as permitted by any local law, where you obtain a login account for the Qudini Software You agree to abide by the general restrictions on use set out in the SaaS Subscriber Terms or the Enterprise SaaS Subscriber Agreement

5. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all Intellectual Property Rights in the App Site and the associated technology anywhere in the world belong to us or our licensors. You acknowledge that rights in the App Site are licensed (not sold) to You, and that You have no rights in, or to, the App Site or the associated technology other than the right to use each of them in accordance with the terms of the Qudini Licence. You further acknowledge that You have no right to have access to the App Site in source-code form.

6. LIABILITY

You acknowledge that the App Site has not been developed to meet Your individual requirements, and that it is therefore Your responsibility to ensure that the facilities and functions of the App Site meet Your requirements. You agree not to use the App Site for any commercial, business or resale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity. Our liability to You in respect of Your use of the App Site to access the Qudini Services is set out in the relevant SaaS Subscriber Terms or the Enterprise SaaS Subscriber Agreement.

7. COMMUNICATION BETWEEN US

If You wish to contact us in writing, or if any term herein requires You to give us notice in writing, You can send this to us by e-mail (sales@qudini.com) or by prepaid post to Qudini Limited at 35 Kingsland Road, London, England, E2 8AA. We will confirm receipt of this by contacting You in writing, normally by e-mail. If We have to contact You or give You notice in writing, We will do so by e-mail or by pre-paid post to the address You provide to us in Your request for the App.

9. TERMINATION

9.1 We may terminate this Qudini Licence immediately by written notice to You:

a. if You commit a material or persistent breach of this Qudini Licence which You fail to remedy (if remediable) within the timeframe imposed on You by us after the service of written notice requiring You to do so; and
b. if You breach any of the terms in the Qudini Licence (including the App Site Licensed Rights).

9.2 On termination for any reason:

a. all App Site Licensed Rights granted to You shall cease;
b. You must immediately cease all activities authorised by the Qudini Licence, including Your use of any Qudini Services;
c. You must immediately delete or remove the App Site from all Devices, and immediately destroy all copies of the App Site then in Your possession, custody or control and certify to us that You have done so upon request; and
d. We may, at our discretion, remotely access the Devices and remove the App Site from all of them and cease providing You with access to the Qudini Services and the App Store.

10. ASSIGNMENT

These terms shall be personal to You and You may not assign, transfer, lease or delegate all or any of Your rights and obligations, without the prior written consent of Qudini. Qudini reserves the right to assign or transfer all or any of its rights and obligations under the terms herein to any companies in the same group as Qudini or other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted via the App Site.

11. SEVERABILITY

Each of the terms herein operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms will remain in full force and effect.

12. NO WAIVER

If We fail to insist that You perform any of Your obligations hereunder or if We do not enforce our rights against You, or if We delay in doing so, that will not mean that We have waived our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.

13. LAW AND JURISDICTION

If You are not happy with the way Qudini deal with any dispute or disagreement between You and Qudini and You want to take court proceedings, You must do this within England. Relevant English law will apply to the Qudini Licence and the relevant courts of England will have exclusive jurisdiction in relation to these terms.

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