FISHKEEPER APP USER TERMS AND CONDITIONS (“terms”)

PLEASE READ THESE TERMS CAREFULLY AS THESE FORM THE BASIS ON WHICH WE WILL PROVIDE AND YOU WILL USE THE FISHKEEPER APP.

BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW.

You must be 18 to accept these terms and download the App.

 

 

Who we are and what this agreement does

We are Maidenhead Aquatics Limited (registered company number 03117563) of Unit 4 Thorpe Court, Delta Way, Egham, Surrey, TW20 8RX and we refer to ourselves as us, we, our and Maidenhead Aquatics in these terms.

When you agree to these terms, we grant to you a licence to use:

• The Fishkeeper mobile application software (App) and its content and any updates or supplements to it and any other technical means embedded in the App;

• The service you connect to via the App and the content we provide to you through it (Service).

on the terms set out in this document.

Your privacy

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.

Your access to and use of the Application is also conditioned on your acceptance of and compliance with the Privacy Policy of the App.

Additional terms for specific Services

In addition, the Services set out below will be governed by the following terms of use and privacy policies:

Service	Web address of terms of use	Web address of privacy policy
Retail services, i.e. purchases and transactions	https://www.fishkeeper.co.uk/terms	https://www.fishkeeper.co.uk/privacy-policy

Support for the App and how to tell us about problems

Support and Contacting us (including with complaints). If you want to learn more about the App or the Service or have any problems using them, or if you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at [email protected].

How we will communicate with you. If we have to contact you, we will do so by email and/or by SMS, using the contact details you have provided to us.

How you may use the App

In return for your agreeing to comply with these terms you may:

• download or stream a copy of the App onto any number of smartphone and/or tablet device(s) and view, use and display the App and the Service on such devices for your personal purposes only;

• receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out above. You may not transfer the App or the Service 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.

Changes to these terms

We may need to change these terms to reflect changes in law or best practice, or to deal with additional features which we introduce.

We will give you at least 30 days’ notice of any change to the terms by sending you an SMS and/or email with details of the change or by notifying you of a change when you next start the App.

The continued use of the App will signify your acceptance of the revised terms. If you do do not wish to be bound by the changes, you must stop using the App.

Account registration

To use the App you must register or create a user account which will require you to provide certain data or information.

You are responsible for keeping your login credentials confidential and safe. By registering for an account, you agree to be fully responsible for all activities that occur under your username and password.

You should immediately inform us via the contact details indicated in this document if you think your account and/or access credentials have been stolen or misused.

Account deletion

You can delete your account and stop using the App at any time by doing the following:

• Going to your account settings and disabling the account; or

• Directly contacting us on the contact details provided in this document and requesting your account be deleted.

Please note that if your account is deleted, such deletion will be permanent and we will be unable to retrieve any data previously submitted by you in relation to the deleted account.

Account suspension

We reserve the right to suspend or delete at any time and without notice any account to use the App which we deem inappropriate, offensive or in violation of these terms.

The suspension or deletion of your account in these circumstances shall not entitle you to any claims for compensation, damages or reimbursement.

Update to the App and changes to the Service

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, or certain new features may not be available to you. You accept that certain information contained on the App may be outdated or incorrect if you are not using the latest version of the App.

If someone else owns the phone or 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.

Licence restrictions

You agree that you will:

• not rent, lease, sub-licence, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;

• not copy the App or Services except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;

• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

  • is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

  • is not used to create any software that is substantially similar in its expression to the App;

  • is kept secure; and

  • is used only for the Permitted Objective;

• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

Acceptable use restrictions

This App may only be used within the scope of what it is provided for, under these terms and applicable law.

You must:

• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;

• not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);

• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Content on this App

The opinions expressed in the Fish, Invertebrate and Plant sections incorporated in this Application are those of the authors and do not necessarily reflect those of the wider Maidenhead Aquatics group. The information contained in the Fish, Invertebrate and Plant sections has been created by experienced fish keepers and we believe it to be as accurate as possible. However, you agree and acknowledge that the information in these sections is not designed to be comprehensive and is provided for general information purposes only. We recommend you obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. The information in the Fish, Invertebrate and Plant sections is subject to amendment and alteration from time to time. We do not accept responsibility for any loss or damage derived from use of the Fish, Invertebrate and Plant sections or any other information on the App provided by us and you agree not to act in reliance of the information.

Although regular backups of content are performed, we do not guarantee there will be no loss or corruption of data. You acknowledge and agree that you will keep a copy of any data or information that is important to you in a location independent of the App.

Content provided by you

The App allows you to upload, share or provide your own content and/or data for the purposes of management and maintenance of your aquarium or pond. You agree only to provide content to the App that you are permitted to use, and agree not to upload any infringing or illegal content.

We are not responsible for the content that you add in your account on the App and we are not responsible for its accuracy or adequacy. You expressly understand and agree that you are solely responsible for the content and any data or information contained on your App account. We accept no liability for any outcomes that may result from content you have inputted to the App; for example, incorrect treatment dosage recommendations being made by our aquarium and pond calculators which are due to incorrect measurements entered into the App by you.

You agree to hold us harmless from and against any claim made and/or loss suffered due to content that you have provided to or provided through the App.

Rights regarding content provided by you

You acknowledge and accept that by providing your own content on this App you grant to us a non-exclusive, royalty-free licence to process such content solely for the operation and maintenance of this App.

Intellectual property rights

All intellectual property rights and/or industrial property rights, and any other exclusive rights in software or technical applications embedded in or related to the App and the Services throughout the world belong to us or our licensors 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 or the Services other than the right to use them in accordance with these terms.

MAIDENHEAD AQUATICS, RAPID AQUATICS, FISHKEEPER and related terms are subject to copyright and act as trade marks of Maidenhead Aquatics. We reserve all of our rights in relation to our intellectual property.

Liability

We provide the App on an ‘as-is’ basis and use of the App is at your own risk. We exclude our liability to the maximum extent permitted by law:

• we exclude all liability whatsoever, whether arising in tort (including negligence), contract, or otherwise in relation to the App and this includes (but is not limited to) the exclusion of our liability for any economic loss, or special or indirect or consequential loss; and

• we exclude all implied warranties, terms and conditions relating to the App (whether implied by statute, common law or otherwise), including without limitation any warranty, term or condition as to accuracy, completeness, performance, fitness for purpose or any special purpose, availability, or non-infringement.

We accept no responsibility for any technical or IT failures of the App, the operating system you are using to access the App, or the internet. We accept no liability for damage or loss incurred by you or your equipment as a result of or in connection with your use of the App.

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 do not exclude or limit in any way our liability to you where it would be unlawful to do so.

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the relevant app store site) meet your requirements.

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 endeavour to minimise the effect of the delay but we make no warranties and give no guarantees over the availability of the App.

We may end your rights to use the App and the Services if you break these terms

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.

We may transfer this agreement to someone else

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.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for 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.

If a court finds part of this contract illegal, the rest will continue in force

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.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this agreement, 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 agreement, 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.

Which laws apply to this agreement

These terms are governed by English law and agree to submit to the exclusive jurisdiction of the the English courts.

Purchase of Products

From time to time we may use the App to recommend products that may be beneficial to you based on the content you have submitted to the App, or we may use the App to inform you of certain products. The App does not support the purchase of products so if you select any product for potential purchase you will be redirected to our website www.fishkeeper.co.uk where any purchase transaction will take place subject to availability and our acceptance of your order. Terms and conditions of sale and our privacy policy for that website can be found at www.fishkeeper.co.uk.