PLEASE READ THESE LICENCE TERMS CAREFULLY. BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT BUY THE APP. WE RECOMMEND YOU KEEP A COPY OF THESE TERMS FOR YOUR RECORDS.
We Pixie Ltd, of 91 Salterns Road, Poole, Dorset BH14 8BL, license you the right to use the Pixie mobile application software (App) and any updates or supplements to it; the related electronic documentation (Documentation) and the service you connect to via the App and the content we provide to you through it (Service) as permitted in these terms.
Your profile. It is your responsibility to ensure the profile information you give us, including your name and contact details, are correct. Please let us know if there is any change to this information as soon as possible.
Passwords. You must keep any passwords for the App and/or Services secret. Do not share your password with any other person. Please tell us immediately if there is any unauthorised use of your profile or breach of security as soon as you become aware of it.
Security. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Apple AppStore. The ways in which you can use the App, Services and Documentation may also be controlled by Apple’s rules and policies.
Google Play. The ways in which you can use the App, Services and Documentation may also be controlled by Google’s rules and policies.
sQuid. In addition please be aware that sQuidcard Limited’s terms and conditions, scheme operating rules and policies shall apply to your use of this App. By downloading the App you agree to such terms, rules and policies. Please read these carefully as they set out how transactions will be processed and what you shall be charged.
SUPPORT FOR THE APP AND HOW TO CONTACT US
If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.pixieapp.co. If you wish to contact us for any reason please email us at firstname.lastname@example.org or write to us at 91 Salterns Road, Poole, Dorset BH14 8BL.
Permission. In return for your agreeing to comply with these terms you may:
Age restriction. You must be 18 or over to accept these terms and buy the App.
Transfers. We are giving you personally the right to use the App and the Services as set out above. You may not transfer the App or the Services 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.
If someone else owns the 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.
You shall be responsible for all transactions carried out through your login on the App. Please do not share your details with any other person.
Our right to change these terms. We may need to change these terms; (a) to reflect changes in law or best practice; (b) to deal with additional features which we introduce; or (c) for any other reason providing that the changes do not adversely affect your rights or use of the App and Services in any material way. We will notify you of a change when you next start the App.
Rejecting changes. If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
You agree that you will:
You must not:
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 Services.
Technical information. By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
Location data. Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
We do not collect or store any payment details from you, or hold any monies on your behalf. This is carried out by sQuidcard Limited, which is an e-money issuer. Please see sQuidcard Limited’s terms and conditions (linked above) for further details.
Responsibility for sellers. The goods and services you purchase through the App are not provided by us. The sellers are not under our control, and we are not responsible for and have not checked and approved their goods, services or terms of sale (if any). You will need to make your own independent judgement about whether to use any such independent sellers, including whether to buy any products or services offered by them.
Transactions. We shall not be responsible for any goods or services you purchase through the App or the amount of the transaction. Any complaints or queries regarding the transaction (including, but not limited to, the amount you have been charged) must be dealt with directly with the seller.
Accessibility. We cannot guarantee that the App will always be accessible, or that any seller or merchant will accept payment through the App.
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.
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. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
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.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services 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.
Our rights. We may end your rights to use the App and Services 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 Services:
You must stop all activities authorised by these terms, including your use of the App and any Services.
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 Services.
Your rights. You can end your contract with us at any time by notifying us. Any credit available to you (less any rewards, which will not be redeemable for cash or any other benefit) shall be returned to you by sQuidcard Limited in accordance with their terms.
Rewards and services. We can suspend or remove any promotion or rewards scheme at any time.
Transfer of rights and obligations by us. 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.
Transfer of rights and obligations by you. You may only transfer your rights or your obligations under these terms (including any monies, rewards or benefits you have accrued under the App) to another person if we agree in writing, which shall be at our discretion.
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.
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.
Delays. Even if we delay in enforcing this contract, 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 contract, 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.
Applicable laws. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.