APPS TERMS AND CONDITIONS




Mobile application end-user licence agreement



Please read carefully before downloading the Zenue App(s).

This end-user licence agreement (EULA or Licence) is a legal agreement between you (End-user or You) and Cogenity Ltd., of Wirral (Cogenity, us or we) for:

  • The Zenue mobile application software and the associated media (Zenue App(s)); collectively referred to as App(s); and
  • any associated online or electronic documents (Documents).

  • We license use of the App(s) and Documents to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site, located at either https://play.google.com/store/apps or https://itunes.apple.com/ (Appstore), the End-user downloaded the App (Appstore Rules). We do not sell the App(s) or Documents to you or licence anyone else to use the App.

    We remain the licensor and owners of the App(s) and Documents at all times.

    Important notice:
    By downloading the App from this Appstore you agree to the terms of the Licence which will bind you. The terms of the Licence include, in particular, the privacy policy defined in condition 1.5 and limitations on liability in condition 7.
    If you do not agree to the terms of this Licence, we will not license the App to you and you must stop the downloading process now. In this case the downloading process will terminate.
    As a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading the App.
    However, you will lose the right to cancel the transaction once you begin to download the App.
    This does not affect your consumer rights for an app that is defective.
    You should print a copy of this Licence for future reference.

    Operating system requirements
    Certain App(s) may require an Apple or Android Device (as defined in condition 1.4 below) with a camera with auto-focus, internet access and a minimum of 48MB of memory available. The minimum operating systems we support are iOS10 and Android 8. The App(s) may work on other Operating Systems but the Operating Systems specified above are the minimum Operating Systems we test on and expect that the App(s) will run on.

    For the iPhone version of the App


    You acknowledge that these terms and conditions are between us and you, and not Apple Inc. You are given a non-transferable license to use the App on your mobile device in accordance with these terms and conditions and the Apple Usage Rules in the Apple Store Terms of Service. Subject to these terms and conditions, we are solely responsible for the App, and Apple Inc. is not responsible for the App in any way. To the maximum extent permitted by law, Apple Inc. has no warranty obligations whatsoever with respect to the App(s).
    You agree that Cogenity, and not Apple Inc., are responsible for the following things:
  • Addressing any claims by you or a third party in relation to the App, including but not limited to, product liability claims, warranty claims, claims that the App fails to conform to legal or regulatory requirements or consumer protection claims;
  • Investigating any claim that the App breaches third party intellectual property rights, and for defending, settling or discharging such claim; and
  • Maintenance and support services for the App.
  • You warrant that you are not located in a country that is subject to a US Government embargo or is designated by the US Government as a ‘terrorist supporting’ country, and you are not listed on any US Government list of prohibited or restricted parties.

  • You agree that Apple Inc. and its subsidiaries are third party beneficiaries of these conditions of use and that Apple Inc. has the right to (and will be deemed to have accepted the right) to enforce these conditions of use against you as a third party beneficiary.

    iPhone and the App Store are trademarks of Apple Inc., registered in the US and other countries.


    For the Android version of the App


    You acknowledge that these terms and conditions are between us and you, and not Google Inc. You are given a non-transferable license to use the App on your mobile device in accordance with these conditions of use and the terms of service and policies applicable to your use of GooglePlay.
    You warrant that you are not located in a country that is subject to a US Government embargo or is designated by the US Government as a ‘terrorist supporting’ country, and you are not listed on any US Government list of prohibited or restricted parties.


    Agreed terms

    1. Acknowledgements

    1.1 The terms of this EULA apply to the App(s) or any of the services accessible through the App(s) (Service(s)), including any updates or supplements to the App(s) or any Service(s), unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App(s) or any Service(s), the terms of an open-source licence may override some of the terms of this EULA.
    1.2 We may change these terms at any time by sending you an SMS or other message with details of the change or notifying you of a change when you next start the App(s). The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Service(s).
    1.3 From time to time updates to the App(s) may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App(s) and accepted any new terms.
    1.4 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (Devices) and to download or stream a copy of the App(s) onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You should check with your mobile or internet service provider for details of data and internet usage charges. You accept responsibility in accordance with the terms of this EULA for the use of the App(s) or any Service(s) on or in relation to any Device, whether or not it is owned by you.
    1.5 The terms of our privacy policy from time to time (Privacy Policy), available at http://zenue.uk/privacy.html for the Zenue App(s) are incorporated into this EULA by reference and apply to those Services that are not specified in condition 1.1 as having separate privacy policies. Additionally, by using the App(s) or any Service(s), you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App(s) or any Service(s) may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
    1.6 By using the App(s) or any of the Service(s), you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Service(s) to you.
    1.7 The outcome of any study or any analysis completed on the data collected (which shall be aggregated and anonymised) may be made available to participating venues.
    1.8 We cannot guarantee provision of the Zenue service, which may be subject to scheduled or unscheduled down-time.
    1.9 Unless otherwise stated we can suspend, change, cease supplying or withdraw the Services provided by the App without notice, and without liability to you. The App, and the Services on it are intended for personal use only by people resident in or visiting the United Kingdom.
    1.10 You must keep your username, password, passcode or other identification information confidential. You're fully responsible for all actions on your account. You must notify us immediately if there is any unauthorised use. We're not liable for any loss or damage arising from your failure to keep this information confidential and we reserve the right to suspend or disable your use of the App in this case.
    1.11 The App(s) or any Service(s) may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
    1.12 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

    2. Grant and scope of licence

    2.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App(s) on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.
    2.2 You may:
    (a) download the App(s) onto an Apple or Android Device, in line with the operating system requirements set out at the beginning of this agreement and view, use and display the App(s) on the Devices for your personal purposes only; and
    (b) use the Documents for your personal purposes only.

    3. Licence restrictions


    Except as expressly set out in this EULA or as permitted by any local law, you agree:
    (a) not to copy the App(s) or Documents except where such copying is incidental to normal use of the App(s), 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 App(s) or Documents;
    (c) not to make alterations to, or modifications of, the whole or any part of the App(s), or permit the App(s) 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(s) or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App(s) with another software program, and provided that the information obtained by you during such activities:
    (i) is used only for the purpose of achieving inter-operability of the App(s) with another software program;
    (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
    (iii) is not used to create any software that is substantially similar to the App(s);
    (e) to keep all copies of the App(s) secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App(s);
    (f) to include our copyright notice on all entire and partial copies you make of the App(s) on any medium;
    (g) not to provide or otherwise make available the App(s) in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
    (h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App(s) or any Service (Technology), together referred to as Licence Restrictions.

    4. Acceptable use restrictions


    You must:
    (a) not use the App(s) or any Service(s) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App(s), any Service(s) or any operating system;
    (b) not infringe our intellectual property rights or those of any third party in relation to your use of the App(s) or any Service(s), including the submission of any material (to the extent that such use is not licensed by this EULA);
    (c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App(s) or any Service(s);
    (d) not use the App(s) or any Service(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
    (e) not collect or harvest any information or data from any Service(s) or our systems or attempt to decipher any transmissions to or from the servers running any Service(s); together referred to as Acceptable Use Restrictions.

    5. Intellectual property rights


    5.1 You acknowledge that all intellectual property rights in the App(s), the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App(s) are licensed (not sold) to you, and that you have no rights in, or to, the App(s), the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.

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

    6. Exclusion of warranty


    6.1 The App is provided to you in good faith and you accept that the functionality provided and information shown is provided "as is" without guarantees, conditions or warranties as to its operation or accuracy. We've taken reasonable steps to ensure that the App functions as intended and the information displayed is correct at the time of inclusion, but there may be inadvertent or occasional errors for which we apologise. Where errors come to our attention, we'll try to correct them as soon as reasonably possible however we accept no liability for any errors, omissions or inaccuracies contained in the App or its content.

    6.2 Use of the App is at your own risk and you're wholly responsible for downloading and installing it and for decisions that you make as a result of information you read. You agree that you'll only use the App for lawful purposes and not in a way that breaches applicable local, national or international laws or regulations (for example, using it to cause nuisance, annoyance or inconvenience, or to transmit, or procure the sending of unsolicited or unauthorised advertising or promotional material).

    6.3 Where the App or any of the Services access content via the Internet we aim to ensure that this is available 24 hours a day however we'll not be liable if it is unavailable at any time for any reason. Access to online content may be suspended temporarily or removed entirely without notice (e.g. if there's a system failure, or for maintenance or repair).

    7. Limitation of liability


    7.1 You acknowledge that the App(s) 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(s) meet your requirements.

    7.2 To the extent permitted by the laws of England we expressly exclude any liability:
    a) for direct, indirect and consequential loss or damage (including, loss of income, use, revenue, business, profits, contracts, anticipated savings, goodwill, wasted management or office time, data or corruption of data) how ever such loss or damage arises and whether incurred by you in connection with the App; the use, inability to use, failure to access, or results of the use of the App; your use of any sites linked to the App; and/or any materials or content contained in the App or a Third-party Site.
    b) for any loss or damage which was not reasonably foreseeable by you or us.
    c) for the accuracy, suitability, quality or completeness of any information and the value and integrity of Services offered through the App.
    d) for any loss or damage caused by viruses, malicious or other technologically harmful material that may infect your Device, equipment, programs, data or other proprietary material as a result of your use of the App or any site linked to or from it.
    e) arising from any reliance placed on content accessible on or via the App. You're wholly responsible for any decisions that you make as a result of information you read.

    7.3 To the extent permitted by the laws of England we don't provide warranties of any kind. We don't warrant that the information on our website is complete, accurate or that we've checked it.

    7.4 If you’re a business we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity as a result of your use of this App, however caused.

    7.5 You acknowledge that use of the App involves information being transmitted over public telecommunications networks which are inherently insecure.

    7.6 We make no representation or warranty that your use of the App, or the operation of it, will be uninterrupted, error, bug, or virus free and we accept no liability for effects of the same.

    7.7 Although we make reasonable efforts to update the information in the App(s), we make no representations, warranties or guarantees, whether express or implied that the content of the App(s) is accurate, complete or up-to-date.

    7.8 You acknowledge that the information may be updated, altered or removed, from time to time, at any time, without notice to you.

    7.9 We are not responsible for any data usage, roaming or other charges you incur when accessing the internet through your mobile or other Device, as specified in condition 1.4.

    7.10 We only supply the App(s) and Documents for domestic and private use. You agree not to use the App(s) and Documents 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.

    7.11 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 7.12, 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 granted you the EULA.

    7.12 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to allowing you to download another copy of the App(s). This does not apply to the types of loss set out in condition 7.11.

    7.13 Nothing in this EULA 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 English law.

    7.14 If you're a consumer, these terms won't affect any of your statutory rights which you have and which cannot be excluded by these terms. For more information on your statutory rights, contact your local authority Trading Standards Department or Citizens Advice Bureau.

    8. Termination


    8.1 We may terminate this EULA immediately at any time without notice:
    (a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and
    (b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.

    8.2 On termination for any reason:
    (a) all rights granted to you under this EULA shall cease;
    (b) you must immediately cease all activities authorised by this EULA, including your use of any Service(s); and
    (c) you must immediately delete or remove the App(s) from all Devices, and immediately destroy all copies of the App(s) and Documents then in your possession, custody or control and certify to us that you have done so.
    (d) we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services and the Appstore.

    9. Communication between us


    9.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us using contact details provided at https://www.zenue.uk/index.html#contact. We will confirm receipt of this by contacting you in writing, normally by e-mail.

    9.2 If we have to contact you or give you notice in writing, we will do so by SMS or email to the phone number or email address you provide to us in your request for the App(s), or initial registration to the App(s).

    9.3 If you would like to give us feedback about the App, please contact us using details from this website address: https://www.zenue.uk/index.html#contact.

    10. Events outside our control


    10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).

    10.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
    (a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
    (b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

    11. Other important terms


    11.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

    11.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

    11.3 If we fail to insist that you perform any of your obligations under this EULA, 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.

    11.4 Each of the conditions of this EULA 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.

    11.5 Please note that this EULA, 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.
    This agreement has been entered into on the date of your first download of the App(s).