These terms and conditions of use (“Terms”) apply to the mobile application named GRō (“App”) and any documentation that we make available to you in connection with the App (“Documents”).
Richard Moloney (“I”, “we”, “us” and “our”) licenses use of the App and Documents to you on the basis of and subject to your compliance with these Terms and those rules applied by Apple Inc. (“App Store Rules”) in respect of its App Store located at http://App Store.com/apple (“App Store”). We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.
In order to use the App, you must have a compatible device which meets the following minimum specifications: Apple iOS devices running iOS 9. Any compatible device to which you download the App will be known as a “Device” for the purposes of these Terms.
Subject to these Terms, the App and any services provided via the App (“Services”) are intended for (and your license herein is limited to) use by teachers to assist them with the organization and management of classes and students. The App and Services are not intended to be used by any other user or for any other purpose.
1.1 These Terms apply to the App, the Documents and any Services (including any updates or supplements to the App, unless they come with separate terms, in which case those terms shall apply to such updates or supplements).
1.2 We may make commercially reasonable changes to these Terms (in whole or in part) at any time. We will notify you of any such changes by any reasonable means, including by making the revised Terms available through the App. You can determine when these Terms were last revised by referring to the “Last Updated” legend at the top of these Terms. Your access to or use of the App after such revised Terms are made available will signify your acceptance of such revised Terms and your agreement to be bound by them. In any event, any revisions to these Terms shall not apply to any dispute between you and us that arises prior to the date on which we made available the revised Terms containing such revisions.
1.3 From time to time, updates to the App may be made available through the App Store. Depending on the update, you may not be able to use the App or any Services until you have installed the latest version of the App. Your access to or use of the updated App will signify your acceptance of any revised Terms relating to the updated App that are notified to you in accordance with Section 1.2 above.
1.4 You confirm that you either own the applicable Device or you have obtained permission to install and use the App and the Services on such Device from the owner of such Device. You accept responsibility for any use of the App or any Services on or in relation to such Device, whether or not such Device is owned by you or such use was made by you.
1.5 You confirm that you are of legal age to form a binding contract and hereby agree to be bound by these Terms. If you are an employee or other representative of a business or other entity and you are downloading, accessing or using the App or any Services in your capacity as such a representative, then you hereby agree to these Terms on behalf of yourself and such entity and all references to “you” in these Terms will refer to both you and to such entity and you represent that you have the legal authority to bind such entity to these Terms.
1.7 By using the App and any Services, you consent to us collecting and using technical information about a Device (and any related software, hardware and peripherals for services that are internet-based or wireless) to improve our products and to provide services to you.
In consideration of you agreeing to abide by these Terms, we grant to you a non-exclusive, non-transferable, non-shareable, non-exclusive, revocable, limited license to use the App and Services on the Devices solely for your personal, non-commercial use in accordance with this agreement.
3. LICENCE RESTRICTIONS
3.1 Except as expressly set out in these Terms or otherwise permitted by applicable law, you agree:
(a) to use the App and Services in connection with the organization and management of your classes and students only, and for no other purposes;
(b) not to copy the App or Documents, except where such copying is incidental to the normal use of the App for its intended purposes, or where it is necessary for the purpose of back-up or operational security;
(c) not to rent, lease, sub-license, loan, distribute, time-share, translate, merge, adapt, vary or modify the App or Documents;
(d) that you have all rights necessary in relation to any information, content or materials such as text, graphics, images, photographs or other materials that you submit, post or transmit using the App or any Services (“Information”) and that all such Information complies with all applicable laws and regulations;
(e) that all Information is true, accurate and complete and that you will maintain and update such Information as needed to ensure that such Information remains true, accurate and complete;
(f) that you are responsible for obtaining and have obtained any and all necessary authorizations, consents and permissions from all students and/or their parents or guardians (as applicable) and any other third party to the extent that you submit, post, transmit or otherwise process their personal data using the App;
(g) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(h) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent such activities are permitted under applicable law;
(i) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
(j) not to remove any copyright, trade mark or other proprietary rights notices from the App or Documents, and to include our copyright notice on any copies you make of the App on any medium;
(k) not to sell, resell, link to, exploit, provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(l) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App (“Technology”),
(together, the “License Restrictions”).
4. ACCEPTABLE USE RESTRICTIONS
4.1 You agree:
(a) not to use the App or any Device in connection with the App 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, including viruses, or harmful data, into the App, any Service or any operating system;
(b) not to use the App to record, post or transmit any Information that is protected by copyright, trade mark, confidentiality or any other proprietary right without the consent of the owner;
(c) not to use the App to record, post or transmit any Information that is defamatory, threatening, abusive, offensive, obscene, indecent, pornographic, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or is otherwise objectionable;
(d) not to use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or restrict or inhibit any other users from using the App (including by hacking or defacing the App);
(e) not to create a database by downloading and storing any content made available via the App, the Documents or any Services; and
(f) not to 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, including, without limitation, by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather the App or Document content or reproduce or circumvent the navigational structure or presentation of the App without our prior written consent.
5. USER NAMES AND PASSWORDS
5.1 You may be required to register in order to access certain services (including any Services) or areas of the App, such as the premium services. With respect to any such registration, you may not use (and we may refuse to grant you) any user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of another person; that is offensive or that we reject for any other valid reason in our discretion. You are responsible for maintaining the confidentiality of any password you use to access the App and you agree not to transfer such passwords or user names or lend or otherwise transfer your use or access to the App to any third party. You agree to notify us of any unauthorized use of your passwords or user names or any other breach of security related to your account of which you become aware. You are fully responsible for all use of the App and any Services that occur in connection with your user name, except to the extent that any unauthorized use is not caused by any breach of your obligations under these Terms.
5.2 In addition, you should ensure that your Device is protected by a suitable PIN number or password so that if lost or stolen any Information cannot be used or accessed.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 You acknowledge that all intellectual property rights in the App and/or the Documents anywhere in the world belong to us or our licensors, that rights in the App and the Documents are licensed (not sold) to you, and that you have no rights in, or to, the App or the Documents other than the right to use each of them in accordance with these Terms.
6.2 All trade names, trade marks and service marks on the App and the Documents are owned by us or our licensors. You may not use our trade names, trade marks or service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained herein or on the App or Documents should be construed as granting any license or right to use any trade names, trade marks or service marks without express prior written consent of the owner.
6.3 You acknowledge that you have no right to have access to the App in source-code form.
7. WARRANTY AND SUPPORT
7.1 SUBJECT TO SECTION 10.4, THE APP, THE DOCUMENTS, ALL SERVICES AND ANY INFORMATION AND MATERIALS MADE AVAILABLE IN CONNECTION THEREWITH (“APP MATERIALS”) IS PROVIDED ‘AS IS’ AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND PROVIDERS EXCLUDE ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ANY RELIANCE ON OR USE OF THE APP MATERIALS SHALL BE AT YOUR SOLE RISK. SUBJECT TO SECTION 7.3, NEITHER WE NOR APPLE SHALL HAVE ANY OBLIGATION TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO THE APP MATERIALS.
7.2 We attempt to ensure that information provided on or in connection with the App is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. Accordingly, we make no representation as to the completeness, accuracy or currentness of such information, including all descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the App. Such information is also subject to change at any time without notice. The inclusion of any products or services on this App at a particular time does not imply or warrant that these products or services will be available at any time.
7.3 You may contact us at email@example.com if you have any support queries and we will make reasonable efforts to deal with your queries.
8.1 We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the App without notice for valid commercial reasons without liability to you.
8.2 In addition, you acknowledge that the App is provided over the Internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the App. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the App or any Services, and for paying any data charges that may be charged to you by your network provider in connection with your use of the App.
9. IN-APP Purchases
9.1 The App includes In-App Purchases that allow you to buy subscriptions to app features and functionality. In-App Purchases are purchased from and billed by Apple iTunes, not Richard Moloney. These purchases are subject to the terms and conditions of Apple iTunes. All billing and refund inquiries must be directed to Apple iTunes. We do not have access to Apple iTunes accounts or transactions. If you wish to confirm the type of subscription that has been purchased from Apple iTunes, please consult your Apple iTunes account or receipt as each subscription will have a unique billing name. If you wish to cancel your subscription, you may do so through your Apple iTunes account.
9.2 Subscriptions are billed monthly or annually and will be re-billed each month or year as appropriate by Apple iTunes until cancelled by the user. Apple iTunes will send an e-mail well in advance of renewal containing a hyperlink to manage the subscription. Apple iTunes subscriptions can be managed from a mobile device or computer that uses the same Apple ID as the initial purchase. We cannot manage Apple iTunes subscriptions.
9.2 Payments will be processed through the iTunes app store from which you originally downloaded the application. You may access the applicable “in-app” purchase rules and policies directly from the app store. You acknowledge and agree that all billing and transaction processes are handled by the iTunes app store and are governed by the iTunes app store’s terms and conditions. If you have any payment related issues with In-App Purchases, then you need to contact the iTunes app store directly.
9.3 Except to the extent applicable law provides otherwise, all Transactions are final and all charges from Transactions are non-refundable. We or our third party designees (which may include Apple Inc.) may automatically process charges against your selected payment method.
9.4 If any In-App Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement In-App Purchase or issue you with a patch to repair the fault. In no event will we charge you anything further to replace or repair the relevant In-App Purchase. In the unlikely event that we are unable to replace or repair the relevant In-App Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorize the iTunes App Store to refund you n amount up tot he cost of the relevant In-App Purchase. Alternatively, if you wish to request a refund, you may do so by contacting the iTunes App Store directly.
10. LIMITATION OF LIABILITY
10.1 You acknowledge that the App 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 meet your requirements.
10.2 To the extent permitted by applicable law, you acknowledge that we have no liability to you for any loss of profit, loss of business, loss of revenue, loss of data, business interruption, or loss of business opportunity arising from your use of the App. In addition, you acknowledge that we shall not be liable to you for any indirect or consequential loss or any exemplary, special or punitive damages.
To the extent permitted by applicable law, our maximum aggregate liability under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, shall be limited to the greater of the total charges paid by you in connection with the App..
10.3 Nothing in these Terms shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by applicable law.
You agree to compensate us for any claims, actions, demands, losses, liabilities, damages, costs and expenses (including legal expenses and other costs, such as attorneys’ fees) reasonably incurred by us that arise out of your use of the App or any Services in breach of these Terms. We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with your use of the App and/or Services and you agree to assist and co-operate with us in relation to any such claim.
12.1 We may terminate your use of the App immediately by written notice to you in accordance with Section 13.2 if we reasonably believe that you have breached these Terms.
12.2 On termination for any reason:
(a) all rights granted to you under these Terms shall cease;
(b) you must immediately cease all activities authorized by these Terms, including your use of the App and Services;
(c) on our request, you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so; and
(d) we may remotely access all Devices and remove the App from all of them and cease providing you with access to the Services.
12.3 You acknowledge that on termination no fees paid by you for use of the App or any Services shall be refundable to you by us.
13. COMMUNICATION BETWEEN US
13.1 If you wish to contact us, please email us at: firstname.lastname@example.org.
13.2 You acknowledge that we may send communications to you via the most current email we have on file for you or through the App. Such communications may include marketing material, technical and support information, and information on updates or changes. By downloading or using the App, you agree to us providing you with such communications.
14. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.
15. APPLE-SPECIFIC TERMS AND CONDITIONS
15.1 In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, you acknowledge and agree to the following provisions with respect to your use of the App:
(a) You acknowledge and agree that these Terms are between us and you, and not with Apple, Inc. (“Apple”). Apple does not own and is not responsible for the App, the Documents or any Services. Apple is not providing any warranty for the App, the Documents or any Services, except, if applicable, to refund the purchase price.
(b) Apple is not responsible for maintenance or other support services for the App or any Services and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App or any Services, including, without limitation, any third party product liability claims, claims that the App or any Services fail to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement.
(c) Any inquiries or complaints relating to the use of the App or any Services, including those pertaining to intellectual property rights, must be directed to us in accordance with Section 13. The license you have been granted under these Terms is limited to a non-transferable license to use the App on a Device. In addition, you agree to comply with the terms of any third party agreement that is applicable to you when using the App, such as your wireless data service agreement.
(d) You hereby represent and warrant (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
(e) You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
16. CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials made available on or accessible through the App infringe your copyright, you (or your agent) may send us a notice requesting that we remove or block the materials or disable access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
We suggest that you consult your legal adviser before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following two sites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Note that we do not endorse, support or approve any of the products or services listed at such sites.
18. NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the App, please contact us by writing to us at the address set forth in Section 13.1. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
19. LAW AND JURISDICTION
To the extent permitted by applicable law, these Terms, their subject matter and formation, are governed by English law and you consent to the non-exclusive jurisdiction of the English courts. We retain the right to bring proceedings against you for breach of these Terms in your country of residence or other relevant country.
20. OTHER IMPORTANT TERMS
20.1 We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or your obligations under these Terms.
20.2 You may only transfer your rights or obligations under these Terms to another person if we agree in advance in writing.
20.3 If we fail to insist that you perform any of your obligations under these Terms, 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.
20.4 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
20.5 These Terms constitute the entire agreement between us with respect to your use of the App and any Services and any other subject matter of these Terms. Such Terms supersede all prior understandings or agreements between us. In addition, in entering into these Terms you have not relied on and (in the absence of fraud) you shall have no right or remedy in respect of any statement, representation, assurance or warranty other than as set out in these Terms.
20.6 Except to the extent specified in Section 15 or otherwise permitted by applicable law, a person who is not party to these Terms may not enforce these Terms.
20.7 No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.
20.8 All provisions of these Terms which by their nature should survive termination shall survive termination.