This End User Licence Agreement (EULA) sets out the terms of licence and use that apply to those applications for use on desktop and mobile devices (such as mobile phones, tablets and other devices), including any updates to those applications, and those electronic downloads (such as downloadable fliers or advertisements and other digital content) that we make available for download from any third party application store (respectively, Applications and Downloads).
These terms and conditions also apply to any of the services accessible through any Application, unless separate or additional terms apply, in which case they will be displayed on-screen or accessible via a link.
The Applications and Downloads are provided by Walloh Limited (we, us and our). We are a limited company, registered in England. Our registered company number is 08925604, and our registered office is at Flat 4, 7-9 Cross Street, London, United Kingdom, N1 2BH. Our VAT registration number is 184246301.
BY DOWNLOADING, ACCESSING AND/OR USING ANY APPLICATION OR DOWNLOAD, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU (AND, IF RELEVANT, ANY ORGANISATION ON WHOSE BEHALF YOU ARE ACTING). IF YOU ARE ACTING ON BEHALF OF ANY ORGANISATION, YOU CONFIRM THAT YOU HAVE THE REQUISITE AUTHORITY, POWER AND RIGHT TO FULLY BIND THAT ORGANISATION. IF YOU (OR, IF RELEVANT, YOUR ORGANISATION) DO NOT AGREE TO ALL OF THESE TERMS (OR IF YOU DO NOT HAVE THE RIGHT TO BIND YOUR ORGANISATION), YOU ARE NOT PERMITTED TO ACCESS OR USE ANY APPLICATION OR DOWNLOAD, AND YOU SHOULD NOT CLICK TO ACCEPT THESE TERMS AND YOU SHOULD NOT PROCEED FURTHER.
In this EULA, unless the context otherwise requires, all further references to you (and your, etc) means both you as an individual user and also the organisation on whose behalf you are acting (if any).
We reserve the right to change the terms of this EULA from time to time by changing them on the Website and notifying you (with the updated terms being displayed on-screen or with a link to the updated terms) when you next start the Application or download a new Download. These terms and conditions were last updated on 15 October 2014.
Applications and Downloads may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant operating system for which the Application or Download concerned was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download any Application or Download you wish to download and to access and use each downloaded Application and Download.
You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download an Application or Download to that device. You accept responsibility, in accordance with this EULA, for all access to, and use of, any Application or Download by you on any device, whether or not it is owned by you.
You acknowledge that the mobile service provider for the device to which you download, or on which you access or use, any Application or Download may charge for internet access on that device.
We may, from time to time, restrict access to certain features, functions or content of a downloaded Application or Download to users who have registered with us. You are not obliged to register with us, but if you do not do so, you will be unable to use some of the relevant features, functions or content of the relevant downloaded Application or Download (as the case may be). You must ensure that any registration details you provide are accurate.
If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) for accessing or using any Application or Download, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of this EULA or if any details you provide for the purposes of registering as a user prove to be false.
We cannot and do not guarantee the continuous, uninterrupted or error-free operability of any Application or Download or that any Application or Download will respond at a certain speed (since this depends on a number of factors outside our control).
You may only use any Application or Download for non-commercial, personal use and only in accordance with this EULA (and in accordance with any applicable terms of any relevant third party service provider for the device to which you download, or on which you access or use, that Application or Download) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.
Subject to the following sections, you may retrieve and display content from any Application or Download on a computer or mobile device and store that Application or Download in electronic form incidentally in the normal course of use of your browser or mobile device. Additional terms may also apply to certain features, parts or content of any Application or Download and, where they apply, will be displayed on-screen or accessible via a link.
You may link to the Website from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Website, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
Except to the extent expressly set out in this EULA, you are not allowed to:
All rights granted to you under this EULA will terminate immediately in the event that you are in breach of any of them.
To do anything with any Application or Download that is not expressly permitted by this EULA, you will need a separate licence from us. Please contact us, using the Contacting us details at the end of this EULA.
Certain third party platform providers with whose devices and/or operating systems our Applications and Downloads have been designed to be compatible oblige us to include certain additional provisions in this EULA. These are set out at the end of this EULA under Additional third party terms. These provisions come from the relevant third party platform providers, not us.
Third party application stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download any Application or Download. We are not responsible for these stores or (with the exception of our Applications and Downloads) for anything provided by them and do not guarantee that they will be continuously available.
We license, but do not sell, to you any Application or Download you download. We remain the owners of all Applications and Downloads at all times.
All intellectual property rights in the Applications and Downloads and in any content of any Application (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in this EULA gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading any Application or Download or any content from any Application or Download.
The Applications may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software's source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software). Please note that, to the extent that any Application contains any Open Source Software, that element only is licensed to you under the relevant licence terms of the applicable third party licensor (Open Source Licence Terms) and not under this EULA, and you accept and agree to be bound by such Open Source Licence Terms.
You agree that downloading, accessing and use of any Application or Download that is made available for download free of charge is on an 'as is' and 'as available' basis and at your sole risk.
We reserve the right to change the design, features and/or functionality of any Application or Download by making the updated Application or Download available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download any updated Application, but we may cease to provide and/or update content to prior versions of Applications and, depending on the nature of the update, in some circumstances you may not be able to continue using an Application until you have downloaded the updated version.
Where an Application makes content available, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and/or update content to any Application, with or without notice to you, if we need to do so for security, legal or for any other reasons.
Whilst we try to make sure that content made available by any Application or Download consisting of information of which we are the source is correct, you acknowledge that certain Applications and Downloads may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information made available by any Application or Download is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
Except as expressly set out in this EULA, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of any Application or Download and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of any Application or Download.
We cannot and do not guarantee that any Application or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of any Application or Download and its content.
Use of your personal information submitted to us (whether via any Application or the Website) is governed by our Privacy and Cookies Policy. Additionally, by using any Application, you acknowledge that internet transmissions are never completely private or secure and that it is always possible that any message or information you send using any Application may be read or intercepted by others.
Certain Applications may, from time to time, make comments pages, chat rooms, message boards, news groups and/or other public areas for user-generated content and communications (collectively User Content Pages) available to its users. We do not control the material submitted to User Content Pages (collectively Postings), nor are User Content Pages actively moderated. You are solely responsible for the content of your Postings as submitted by you and acknowledge that all Postings express the views of their respective authors, and not our views.
If you participate in any User Content Pages, you must:
You agree that, by submitting any Posting, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Posting (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such Posting.
Whilst we do not pre-screen Postings, we reserve the right, in our sole discretion, to delete, edit or modify any Posting submitted by you and/or to close any topic, at any time without notice to you.
Complaints about the content of any Posting must be sent to email@example.com and must contain details of the specific Posting giving rise to the complaint.
Certain Applications and Downloads may, from time to time, include links to external sites, which may include links to third party products, services, offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting (including without limitation the ability to purchase tickets to upcoming music events). We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters. If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for such goods or services. Our only involvement with regard to such transaction is as an affiliate and publisher of such third party's link to its website, promotion, offer or service. To the extent that you have any issues with the products, services, offers or promotions provided by the third party, you must contact the relevant third party in question.
Nothing in this EULA shall limit or exclude our liability to you:
Subject to this, if you are a consumer and not a business user, in no event shall we be liable to you for any business losses, and if you are a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed £5,000
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
You may not transfer or assign any or all of your rights or obligations under this EULA.
All notices given by you to us must be given in writing to the address set out at the end of this EULA.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of this EULA is found to be unenforceable, all other provisions shall remain unaffected.
These terms and conditions may not be varied except with our express written consent.
These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on the terms of this EULA may be concluded in the English language only and that no public filing requirements apply.
These terms and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or any Application will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
Please submit any questions you have about this EULA or any problems concerning any Application by email to firstname.lastname@example.org or write to us at:
7-9 Cross Street
London N1 2BH
If any Application or Download that you download, access and/or use runs on Apple's iOS operating system: