KONKER APP TERMS

WHO WE ARE AND WHAT THIS AGREEMENT DOES

We, Konker App Ltd., license you to use:

·      The Konker 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 ("Service").

as permitted in these terms.

YOUR PRIVACY

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy notice and it is important that you read that information.

OTHER TERMS THAT MAY APPLY TO YOU 

The following documents also form part of these terms:

·      Our Cookie Policy (https://www.konkerapp.com/faqs ) which sets out information about the cookies used by the App.

·      The ways in which you can use the App may also be controlled by the Apple App Store and Google Play App's rules and policies - [https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html and https://play.google.com/intl/en_uk/about/play-terms/ ].

SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS 

Support. If you want to learn more about the App or the Service or have any problems using them please contact hello@konkerapp.com   

Contacting us (including with complaints). If you think the App or the Service are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at hello@konkerapp.com 

How we will communicate with you.

If we have to contact you we will do so by email using the contact details you have provided to us.

HOW YOU MAY USE THE APP

In return for your agreeing to comply with these terms you may:

·      Download a copy of the App onto your mobile device and view, use and display the App and the Service on such device 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.

You must keep your account details safe (such as username and password):  You must treat such information as confidential. You must not disclose it to any third party.  We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.  If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

YOU MUST BE 18 TO ACCEPT THESE TERMS AND BUY THE APP

You must be 18 or over to accept these terms and buy the App.

YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

We are giving you personally the right to use the App and the Service as set out above.

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.

OUR SERVICE

Our Service provides details of locations within London that you may like to visit ("Locations").

Do not rely on information on this site: The content on our App is provided for general information and entertainment purposes only. It is not intended to amount to advice on which you should rely. You must make your own enquiries about Locations before visiting, or refraining from any action on the basis of the content on our App.

Your Recommendations: Our App allows you to make recommendation of Locations ("User Content"), whether you own / occupation such Location or not.  Whenever you make use of this feature,  you must comply with the standards set out in our Acceptable Use provisions below.  You warrant that any such contribution complies with those standards, and you are liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We will consider any content you upload to our App to be non-confidential and not protected by any trade mark, patent or copyright ("non-proprietary"), that is, in the public domain. You own your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to others.

We also have the right to disclose your identity to anyone who is claiming that any content posted or uploaded by you to our site violates their intellectual property rights or their right to privacy.

We will moderate any User Content and reserve the right not to include it on our App. 

We also have the right to remove any User Content if, in our opinion, It does not comply with the Acceptable Use standards set out below.

When you upload User Content to our App for our consideration, you grant to use a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with our Service provided by the App.

User Content is not approved by us: While we will chose which User Content appears on our App, this is information and materials uploaded by other users. This information and these materials have not been verified for accuracy or approved by us. The views expressed by other users on our site do not represent our views or values.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

ACCEPTABLE USE

These acceptable use standards apply to any material you upload or share to our App ("User Content").

They also apply to any contact you make with other users on our site, links to our App, and any other ways you use our App.

You must comply with these standards in spirit as well as to the letter.  We will determine, in our discretion, whether any User Content or your use of our App breaches these acceptable use standards.

You may not use our App:

In any way that breaches any local, national or international law or regulation.

In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

For the purpose of harming or attempting to harm minors in any way.

To bully, insult, intimidate or humiliate any person.

To send, knowingly receive, upload, download, share, post, use or re-use any material which does not comply with our content standards.

To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

User Content:

·      Must be accurate (where it states facts).

·      Only contain opinions that are genuinely held.

·      Must comply with the law applicable in any country from which it is posted and to which the website is targeted.

User Content must not:

·      Be defamatory of any person.

·      Be obscene, offensive, hateful or inflammatory.

·      Infringe any copyright, database right or trade mark of any other person.

·      Include video content that has been or would be likely to be given an R18 certificate by the British Board of Film Classification (BBFC).

·      Include video content not suitable for BBFC classification.

·      Include material that might impair the physical, mental or moral development of persons under the age of 18.

·      Be likely to deceive any person.

·      Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

·      Contain illegal content or promote any illegal content or activity.

·      Be in contempt of court.

·      Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

·      Be likely to harass, upset, embarrass, alarm or annoy any other person.

·      Impersonate any person or misrepresent your identity or affiliation with any person.

·      Give the impression that the User Content emanates from us, if this is not the case.

·      Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

·      Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

·      Be pornographic.

Illegal content: In addition, you must not use our site in any way that involves the following:

·      Terrorism.

·      Child sexual exploitation or abuse including grooming and child sexual abuse material.

·      Hate offences.

·      Harassment, stalking, making threats or abuse.

·      Controlling or coercive behaviour.

·      Intimate image abuse.

·      Extreme pornography.

·      Sexual exploitation of adults.

·      Human trafficking.

·      Unlawful immigration.

·      Fraud and financial offences.

·      Proceeds of crime offences.

·      Drugs or psychoactive substance offences.

·      Firearms, knives and other weapons offences.

·      Encouraging or assisting suicide.

·      Foreign interference offences.

·      Animal cruelty.

Content very harmful to children: 

The following must not be uploaded, shared or generated directly on this service:

·      Pornographic content.

·      Content which encourages, promotes or provides instructions for suicide.

·      Content which encourages, promotes or provides instructions for an act of deliberate self-injury.

·      Content which encourages, promotes or provides instructions for an eating disorder or behaviours associated with an eating disorder.

Other content harmful to children:

You must not upload, post, create on our site or share any of the following:

·      Content that is abusive and which targets any of the following characteristics: race, religion, sex, sexual orientation, disability, gender reassignment.

·      Content which incites hatred against people:

o   of a particular race (including colour, nationality, and ethnic or national origins, religion (including lack of religion), sex or sexual orientation;

o   who have a physical or mental disability; or

o   who have the characteristic of gender reassignment (meaning the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex).

·      Content which encourages, promotes or provides instructions for an act of serious violence against a person.

·      Bullying content.

·      Content which:

o   depicts real or realistic serious violence against a person (real or not);

o   depicts the real or realistic serious injury of a person (real or not) in graphic detail.

·      Content which:

o   depicts real or realistic serious violence against an animal (real or not);

o   depicts the real or realistic serious injury of an animal (real or not) in graphic detail;

o   realistically depicts serious violence against a fictional creature or the serious injury of a fictional creature in graphic detail.

·      Content which encourages, promotes or provides instructions for a challenge or stunt highly likely to result in serious injury to the person who does it or to someone else.

·      Content which encourages a person to ingest, inject, inhale or in any other way self-administer:

o   a physically harmful substance;

o    a substance in such a quantity as to be physically harmful.

Offences: 

You must not upload, post, create on our App, share or cause any uploading, posting, creation or sharing, of any of the following:

·      A grossly offensive, indecent, obscene or menacing message intending to cause offence, menace, distress or anxiety.

·      A false message knowing it to be false, intending to cause non-trivial psychological or physical harm to a likely audience, and with no reasonable excuse.

·      A message threatening death or serious harm while intending or being reckless as to whether the object of the threat would fear that the threat would be carried out.

·      Flashing images when it is reasonably foreseeable that an individual with epilepsy will see it and the sender intended that the individual would suffer harm and the sender has no reasonable excuse for sending the images.

·      A communication that intends to encourage serious self-harm.

·      An unsolicited sexual image, including a manufactured intimate image or "deepfake" intending the recipient to be caused alarm, distress or humiliation, or for the purpose of sexual gratification and being reckless as to whether the recipient will be caused alarm, distress or humiliation.

·      A sexually explicit deepfake.

Additional provisions for video content:  You must comply with our guidance on use of maturity or sensitivity ratings on video content.

 For the avoidance of doubt, for any User Content in the form of video content:

·      You must tell us immediately, if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).

·      You must not upload a video containing material likely to incite violence or hatred against a group of persons or a member of a group of persons based on any of the following grounds: sex, race, colour, ethnic or social origin, genetic features, language, religion or other belief, political opinion, membership of a national minority, property, birth, disability, age or sexual orientation.

Advertising: 

You must not upload, post, create on our App or share content containing any advertising or promoting any services or web links to other sites without our consent.

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 notify you of a change when you next start the App.

If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.

UPDATE TO THE APP AND CHANGES TO THE SERVICE

From time to time we may automatically update the App and change the Service 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 and the Service.

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 bought it].

IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

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.

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO 

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.

LICENCE RESTRICTIONS

You agree that you will:

·      not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;

·      not copy the App or Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

·      not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Service nor permit the App or the Service 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 Service on devices as permitted in these terms;

·      not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

·      is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

·      is not used to create any software that is substantially similar in its expression to the App;

·      is kept secure; and

·      is used only for the Permitted Objective;

·      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.

ACCEPTABLE USE RESTRICTIONS

You must:

·      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;

·      not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);

·      not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

·      not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

·      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.

INTELLECTUAL PROPERTY RIGHTS 

All intellectual property rights in the App and the Service throughout the world belong to us and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Service other than the right to use them in accordance with these terms.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

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.  It also includes breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or defective products under the Consumer Protection Act 1987.

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.

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.

Limitations to the App and the Service:

The App and the Service 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.

Please back-up content and data used with the App:

We recommend 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 Service.

Check that the App and the Service are suitable for you:

The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service (as described on the appstore site) meet your requirements.

We are not responsible for events outside our control:

if our provision of the Service or support for the App or the Service 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 contract with us and receive a refund for any Service you have paid for but not received.

WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICE IF YOU BREAK THESE TERMS

We may end your rights to use the App and Service 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

If we end your rights to use the App and Service:

·      You must stop all activities authorised by these terms, including your use of the App and any Service.

·      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 Service.

WE MAY TRANSFER THIS AGREEMENT 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 the contract.

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

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.

IF A COURT FINDS PART OF THIS CONTRACT 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.

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in 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.

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.