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Terms of Use for 5app’s Websites

5app and 5app’s Websites

5app Ltd (“5app”, “We” or “Us”) is a limited company registered under the Companies Act in England and Wales with company number 07153858.  Our registered office is at c/o Shelly Stock Hutter, 7-10 Chandos Street, London W1G 9DQ. Our main trading address is 5app Ltd, 1 Primrose Street, London EC2A 2EX. Our VAT number is GB 111 5538 48.

5app operates a number of websites, including www.5app.com, www.5app.com and www.fiveapp.com.  These Terms of Use apply to all of 5app’s websites (“Websites”).

Acceptance of Terms of Use

All users, both registered and not registered (“You”), must carefully read the following Terms of Use and the documents referred to in them before accessing and using any of the Websites.

By accessing or using the Websites you are acknowledging that you have read and agree, without limitation or qualification, to be bound by these Terms of Use, and our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, please do not use the Websites.

Certain of the services offered by 5app through its Websites will require you to accept additional terms and conditions and these will be drawn to your attention for your acceptance at such time as you register to use such services.

Service Description

5app maintains its Websites to provide certain online services, for your information and to enable you to communicate with us.

Accessing the Websites

Access to the Websites is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on the Websites without notice (see below).  We will not be liable if for any reason the Websites are unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the Websites, or their entirety, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.  We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

You are responsible for making all arrangements necessary for you to have access to the Websites.  You are also responsible for ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Use, and that they comply with them.

If you are under 18, you may use our site only with consent from a parent or guardian. 

Intellectual Property

All the content on the Websites, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, “Content”) is the property of 5app Limited or is licensed to 5app Limited, and is protected by United Kingdom and international copyright laws and other laws protecting intellectual property.  Save as referred to below the Content may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

You may print off one copy, and may download extracts, of any page(s) from the Websites for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of the Content must always be acknowledged.

You must not use any part of the Content for commercial purposes without obtaining a licence to do so from us.

Changes to the Websites

We may change the Content at any time.  If the need arises, we may suspend access to the Websites, or close them indefinitely.  Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.

Representations, Warranties and Limitation of Liability

We endeavour to ensure that the information on the Websites is accurate and up to date.  You should always independently check any information before you rely on it.  We do not represent or warrant that the information accessible via the Websites is accurate, complete or current and we do not accept liability for any loss whatsoever arising from any inaccuracy or from information that is out of date or incomplete.  The information displayed is of a general nature and is not intended to address your particular requirements or constitute any form of advice, recommendation, arrangement or introduction by us.

The Websites are presented on an “as is” basis.  We make no representations or warranties of any kind whatsoever in connection with the Websites or the Content.  All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are excluded to the fullest extent permitted by law.

You agree that, to the fullest extent permitted by applicable law, neither us nor any of our parents, affiliates, subsidiaries, directors, employees, shareholders, agents or other representatives shall be responsible or liable under any circumstances for any amount or kind of loss or damage that may be suffered or incurred by you or any third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption (in each case whether direct or indirect)), and whether in tort (including without limitation negligence), contract or otherwise in connection with your use of the Websites and their services.

The limitation of liability set out above shall also apply to any loss or damage suffered or incurred by you in connection with your use, inability to use or the results of use of the Websites, any websites linked to the Websites or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Websites or your downloading of any material from the Websites or any websites linked to the Websites.

You agree to indemnify and hold us and (as applicable) our parents, subsidiaries, affiliates, officers, directors, agents, representatives, shareholders and employees harmless from any claim or demand, including any legal fees, made by any user (registered or otherwise) or third party due to or arising out of your breach of these Terms of Use (including any documents incorporated by reference), your violation of any law or the rights of a third party or any breach of your representations and warranties as contained herein.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Privacy Policy

As a user of our services, we may collect personal data about your use of the Website.  You agree that we may collect and process this information in accordance with the 5app Privacy Policy and you warrant that all data provided by you is accurate.

Linking

You may link to our home pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

The Websites must not be framed on any other site, nor may you create a link to any part of the Websites other than the home page.  We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on the Websites other than that set out above, please address your request to hello@5app.com.

Applicable Law and Forum

These Terms of Use are governed by the laws of England and Wales.  The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Websites although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

Variations

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Websites.

We may revise these Terms of Use at any time by amending this page.  You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you.  Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Websites.

Use of Third Party Marks, Logos and Brand Names

We acknowledge all trademarks, service marks and all logos and brand names belonging to third parties used on the Websites.

These Terms of Use were updated on 9 July 2015.