R-App Standard Terms and Conditions

 

1. Introduction

This app (the R-App) is owned and operated by Netduma Limited, a company registered in England and Wales with registered number 07497799 and registered office at 20-22 Wenlock Road, London N1 7GU (Netduma, we, us). By downloading, accessing and using the R-App you agree to be bound by these terms of use (the Terms) and the (the Privacy Policy). These Terms and the Privacy Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy Policy, do not download, access or use the R-App. If you have any questions, you can contact us at [email protected]

We reserve the right to update these Terms from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.

From time to time we may run competitions or permit R-App voucher codes.  Additional terms will apply to such competitions and voucher codes.

 

2. Registration

You are responsible for maintaining the confidentiality of the username and password you choose during the registration process, and you are solely responsible for all activities that occur under your username and password. Please take precautions to protect your password and contact us at [email protected] if you believe there has been any unauthorized use of your account.

Any further information you provide to us that relates to you must be accurate.

Any fee due for the R-App must be paid in full before you can download the R-App.  You must also pay any further subscription payments identified, and if you fail to do so, we shall terminate your right to use the R-App without notice to you.

We use a third party payment provider, and you agree to comply with their terms and conditions as may be amended from time to time.

 

3. Use of the R-App

The R-App is made available for your own, personal use.  The R-App must not be used for any illegal or unauthorised purpose.

When you use the R-App you must comply with all applicable UK laws and with any applicable international laws, including the local laws in your country of residence. In particular, but without limitation, you agree not to try to gain unauthorised access to the R-App or any networks, servers or computer systems connected to the R-App and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the R-App save to the extent expressly permitted by law.

 

4. Interaction with other users

Your interactions must comply with all applicable law. In particular, but without limitation, your interactions must not contain content that (a) promotes racism, hatred or physical harm of any kind against any group or individual; (b) harasses or encourages harassment of another person; (c) contains information that is inaccurate, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (d) contains inappropriate content, including physical harm; (e) involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming; (f) infringes any third party rights, including copyright, trade marks or privacy.

We will be entitled to view the content of your interactions with other users, but we do not edit or otherwise accept any liability for users’ interactions.

 

5. Netduma Content

The copyright in all material contained in the R-App including all information, data, text, images, and all source code and other software is owned by or licensed to Netduma (Content). All rights are reserved. You can view and download the Content for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Content without our permission.

 

6. Link to third party content

The R-App may contain links to websites or apps operated by third parties.  We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.

We accept no responsibility for adverts contained within the R-App. If you agree to purchase goods and/or services from any third party who advertises in the R-App, you do so at your own risk. The advertiser, and not Netduma, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

 

7. Liability and disclaimer – Your attention is particularly drawn to this clause

THE R-APP SHALL BE OF SATISFACTORY QUALITY,  FIT FOR PURPOSE AND AS DESCRIBED.  WE WARRANT THAT WE HAVE THE RIGHT TO SUPPLY THE R-APP.  OTHERWISE, AND  TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NETDUMA DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) UNDER STATUTE OR OTHERWISE IN RELATION TO THE R-APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE R-APP (WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE). YOUR CONSUMER STATUTORY RIGHTS ARE NOT AFFECTED.

NETDUMA WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER STATUTE OR OTHERWISE, AS A RESULT OF OR IN CONNECTION WITH THE R-APP, FOR ANY (A) ECONOMIC LOSS (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS); (B) LOSS OF REPUTATION; (C) LOSS OF DATA; OR (D) SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES.

NETDUMA SHALL NOT BE LIABLE TO YOU IF YOU ARE UNABLE TO ACCESS THE R-APP BECAUSE OF PROBLEMS WITH YOUR ISP, MOBILE OPERATOR, CABLE PROVIDER OR YOUR DEVICE, OR FOR ANY FAULT CAUSED BY A THIRD PARTY.

IF NETDUMA IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE R-APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO THE GREATER OF SUMS PAID BY YOU TO BUY THE R-APP OR £25.

Nothing in these Terms shall be construed as excluding or limiting the liability of Netduma for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by English law.

 

8. Availability

We will use reasonable endeavours to make the R-App available to you at all times.  However, there may be occasions when access to the R-App may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. In addition, you acknowledge that the Internet may be subject to breaches of security and that the submission of content and interactions with other users  may not be secure.

Netduma reserves the right to remove any content or features from the R-App for any reason, without prior notice and/or to suspend or cease providing any services relating to the R-App without notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances, save to refund any fees paid in advance in respect of any period when the R-App has been suspended or stopped.

 

9. Termination

We may suspend, disable, or delete your account if you have breached any provision of these Terms or if we determine that your conduct could damage our reputation.

Please note, that once you pay the fee for an R-App, the R-App is automatically downloaded and your right to cancel the R-App and claim a refund does not apply.  This does not affect your statutory rights.

If we delete your account, you may not re-register under a different name and you acknowledge that your content may be deleted.

You may terminate your account by following the instructions on the R-App and/or deleting the R-App. No refunds are payable on termination by you.

 

10. General

These Terms and the Privacy Policy (as amended from time to time) constitute the entire agreement between you and Netduma concerning your use of the R-App.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You consent to receive all communications including notices, agreements, disclosures, or other information electronically. We may provide all such communications by email or by posting them on the R-App

If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the R-App please follow this link http://ec.europa.eu/odr

These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

 

Last updated: September 2019