TERMS OF USE

Last Updated: June 26, 2017

BACKGROUND

This agreement applies to your use of the website www.lifespots.com (the “Website”) and the ‘LifeSpots’ mobile application (the “App”), including all facilities, tools, services or information that is made available through the Website and the App and updates thereof (together, the “Platform”). The App enables users to find information, connection and support and for nonprofits and charities to share their resources with beneficiaries and other audiences.

This agreement is between you, the user of the Platform, and Digital Fan Clubs, (trading as trellyz), a company incorporated in England and Wales, with company number 08293272, whose registered address is 27 Old Gloucester Street, London, WC1N 3AX United Kingdom (“trellyz”, “we”, “our” and “us”); as the owner of the Platform.

Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Platform. If you do not agree to be bound by these terms and conditions, you should stop using the Platform immediately.

  1. INTELLECTUAL PROPERTY

We grant you a non-transferable, non-exclusive licence to use the Platform. This licence is subject to your compliance with the terms of this agreement, the Privacy Policy and any rules or policies applied by an app store provider from whose site you downloaded the App (which are hereby incorporated into this agreement). We reserve all other rights.

You may:

(a) access the Website on, and download a copy of the App onto, compatible devices which you own or have permission of the owner to use for your personal purposes only; and

(b) view, use and display the Platform on such compatible devices for your personal purposes only.

All text, graphics, images, audio, video and data (the “Content”) included on the Platform, as well as the underlying code, software and technology, are the property of Digital Fan Clubs, our affiliates or our licensors. You acknowledge that such material is protected by intellectual property laws and international treaties and that intellectual property rights to these materials are licensed (not sold) to you.

You acknowledge that you have no right to have access to the App in source-code form.

  1. USE OF THE PLATFORM

You agree:

(a) not to copy the Platform except where such copying is incidental to normal use of the Platform, or where it is necessary for the purpose of back-up or operational security;

(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Platform;

(c) not to make alterations to, or modifications of, the whole or any part of the Platform, or permit the Platform or any part of it to be combined with, or become incorporated in, any other programs;

(d) 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, other than for the purpose of achieving inter-operability of the App with another software program and provided that the information you obtain from this activity is not used to create any software that is substantially similar to the Platform; and

(e) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Platform.

You further agree:

(f) not to use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform or any operating system;

(g) not to infringe our intellectual property rights or those of any third party in relation to your use of the Platform;

(h) not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform;

(i) not to use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

(j) not to collect or harvest any information or data from the Platform or our systems or attempt to decipher any transmissions to or from the servers running the Platform.

  1. LINKS TO OTHER WEBSITES

The Platform may contain links to other sites. Unless expressly stated, these sites are not under the control of Digital Fan Clubs. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on the Platform does not imply any endorsement of the sites themselves or of those in control of them.

  1. LINKS TO THIS WEBSITE

You may place a link to the homepage of the Website (www.lifespots.com) on other sites which you own and/ operate without our prior permission. Any other form of link to the Platform, including deep linking (i.e. links to specific pages within the Website), requires the express permission of Digital Fan Clubs. To find out more please contact us by email at info@lifespots.com.

  1. ACCOUNTS

In order to access Content on the Platform and to use the Platform facilities, you are required to create an account which will contain certain personal data.

Sharing of accounts is not permitted. You are required to keep your account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your account details in your internet browser.

  1. TERMINATION

Either Digital Fan Clubs or you may terminate your account on the Platform. If Digital Fan Clubs terminates your account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

Upon termination of your account, we will continue to store any data which we have collected from you or which you have provided to us in connection with your use of the Platform for purely analytical purposes.

  1. CHANGES TO THIS AGREEMENT

We may revise the terms of this agreement at any time by amending this page. Where appropriate, we will provide you with notice via email in advance of the changes. Please check this page regularly to take notice of any other changes we have made, as these will be binding on you. 

  1. PRIVACY

The App will make use of location data sent from your device. You can turn off this functionality at any time by turning off the location services settings for the App on the device; however your use of the App will be affected.

See our Privacy Policy, which is incorporated into these terms and conditions by reference, for more information about how your personal data will be used.

  1. DISCLAIMERS

The Content on the Platform is provided by NGOs and charities. Whilst reasonable effort has been made to ensure that all such Content (including service descriptions) is accurate and up to date, Digital Fan Clubs makes no warranty or representation that this is the case. Digital Fan Clubs is not responsible for any variations from service descriptions provided on the Platform.

The Content on the Platform is provided for general information only and has not been developed to meet your individual requirements. No part of the Platform is intended to constitute advice on which you should rely. It is your responsibility to obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content and to ensure that the facilities and functions of the Platform meet your requirements.

The Platform is provided “as is” and on an “as available” basis. In particular:

(a) Digital Fan Clubs accepts no liability for any disruption or non-availability of the Platform resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure or communications network failure; and

(b) Digital Fan Clubs reserves the right to alter, suspend or discontinue any part (or the whole of) the Platform including, but not limited to, the services available without notice.

To the fullest extent permitted by law, Digital Fan Clubs expressly disclaims all warranties, representations, conditions and all other terms of any kind whatsoever, whether express or implied. No oral or written information provided to you by Digital Fan Clubs or an affiliate shall create a representation or warranty.

  1. LIMITATION OF LIABILITY

We only supply the Platform for domestic and private use. You agree not to use the Platform 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.

We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this agreement or our negligence up to the limit specified below, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this agreement.

Our maximum aggregate liability under or in connection with this agreement whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £100. This does not apply to the types of loss set out below.

Nothing in this agreement shall limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any other liabilities which cannot be limited or excluded by law.

  1. GENERAL TERMS

Transfer of rights and obligations: We may transfer our rights and obligations under this agreement to another organisation, but this will not affect your rights or our obligations under this agreement. You may only transfer your rights or obligations under this agreement to another person if we agree in writing.

Entire Agreement. This agreement and all documents referred to in it (including the Privacy Policy consist of the entire agreement between you and us regarding the use of the Platform and supersede any prior agreement between you and us on such subject matter.

Waiver. Any failure or delay on Digital Fan Clubs’ part to exercise or enforce any right or provision of this agreement does not constitute a waiver of such right or provision and will not mean that you do not have to comply with that provision. 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.

Severance. Each of the terms in this agreement operate separately. If any provision or part-provision of this agreement is found to be unenforceable or invalid, then that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary, and the other provisions and part-provisions shall otherwise remain in full force and effect.

Law/ Jurisdiction. Please note that this agreement, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.

Online Dispute Resolution. If you are not happy with how we have handled any complaint, you may submit a dispute for online resolution to the European Commission Online Dispute Resolution platform. You can find this platform and more information about it here: http://ec.europa.eu/consumers/odr/.