DIGITALIS MOBILE APPLICATION TERMS AND CONDITIONS

1. INTRODUCTION: Welcome to our application (the “App“). This App is published by or on behalf of Digitalis Technology Limited (“Digitalis” or “We” or “Us“) a company registered in England and Wales under company number 9058210 whose registered office at Thames House, 2nd Floor, 3 Wellington Street, London, United Kingdom, SE18 6NY.

By downloading or otherwise accessing the App you agree to be bound by the following terms and conditions (“Terms“) and our privacy policy and our cookies policy. If you have any queries about the App or these Terms, you can contact Us by any of the means set out in paragraph 11 of these Terms. If you do not agree with these Terms, you should stop using the App immediately.

2. GENERAL RULES RELATING TO CONDUCT: The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the App you must comply with all applicable UK laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).
You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
(b) Attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; or
(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.
You agree to indemnify Digitalis in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.

3. CONTENT: The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Digitalis. All rights are reserved. You can view, print or download extracts of the Material 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 Material without Digitalis’s express permission.
The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by Digitalis or third party partners of Digitalis. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Digitalis or the relevant third party partner of Digitalis.

4. LINK TO THIRD PARTIES: The App may contain links to websites operated by third parties (“Third Party Websites“). Digitalis may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, Digitalis does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.

5. DIGITALIS PRIVACY POLICY: We take your privacy very seriously. Digitalis will only use your personal information in accordance with the terms of our privacy policy and cookies policy. By using the App you acknowledge and agree that you have read and accept the terms of our privacy policy and cookies policy and these Terms.

6. DISCLAIMER / LIABILITY: USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) DIGITALIS DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN DIGITALIS AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

Digitalis will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.

IF DIGITALIS IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) ONE POUND STERLING (£1.00); OR (B) THE SUMS PAID BY YOU UPON PURCHASING THE APP, OR ANY IN-APP SPEND, INCLUDING SUBSCRIPTIONS, WHICHEVER IS GREATER.

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

7. SERVICE SUSPENSION: Digitalis reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

8. ADVERTISERS IN THE APP: We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not Digitalis, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.

9. GENERAL: These Terms (as amended from time to time) constitute the entire agreement between you and Digitalis concerning your use of the App.
Digitalis reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of Digitalis.
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.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
Digitalis’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Digitalis in writing.
Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and Digitalis.

10. CONTACT US: You can contact the via hello@digitalistechnology.co.uk.

MOBILE APP PRIVACY POLICY

1. Introduction: This application (“App”) has been developed and is operated and maintained by or on behalf of Digitals Technology Limited (“Digitalis“, “we” or “us“).
Digitalis is committed to protecting the privacy of your personal information whilst striving to provide the very best user experience. We want our apps to be safe and enjoyable for everyone. Under the Data Protection Act 1998 and related laws, we have a legal duty to protect the personal information we collect from you.
If you have any concerns, questions or comments about this privacy policy or the App you can contact us using the contact details in paragraph 12 of this policy.
2. The types of personal information we collect and how we collect it:
Information you provide upon purchasing the App via the App Store: when you purchase the App via an application store (including but not limited to the iTunes App Store, Blackberry App World, Amazon Appstore, Nook Books, Google Play and/or the Windows App Store (“App Store”)) , you will need to register an account with and provide certain personal information to the App Store, if you have not already done so. You will be able to select how the App Store and Future can use that information for marketing purposes. You can update your marketing preferences at any time by following the instructions to amend your details, normally in the account management section of the App Store. We will only use your information in accordance with your instructions and as set out in this privacy policy.
Information you provide when taking part in a poll or survey run in an App: if you take part in a poll or survey run in an App we will use your personal information in accordance with the terms of the poll or survey.
Demographic and other data: the App uses cookies and other tracking technology to collect information about your use of our App, information about your device such as your device ID, IP address and browser type, demographic data and, if you arrived at the App via a link from a site other than the relevant App Store, the URL of the linking page. It may also collect your name and email address. The data collected through cookies and other tracking technology may be transferred to third parties. For more information on how this App uses cookies and other tracking technology, see our cookie policy.
Email communications: we use web beacons in our emails to track the success of our marketing campaigns. Our web beacons don’t store any information on your computer but, by communicating with our cookies on your computer, they can tell us when you have opened an email from us. We may keep track of the emails that we send you. We also keep a record of what communications you have selected to receive or not to receive. If you would like to opt out of receiving such emails, please click the “unsubscribe” link in the email and follow the instructions.
3. How we use the information that we collect
The relevant App Store owns the information it collects when you purchase this App through the App Store. They may share some of that information with us, depending on the selections you have made. We will use it, as applicable, to:
• provide you with services or information that you have requested or products or services that you have ordered, such as Apps and subscriptions to Apps
• confirm or fulfill an order you have submitted
• monitor or improve the performance of, and products and services available through, this App
• monitor compliance with our terms and conditions of use of the App, enforce our rights and protect the safety of others including investigating and if necessary removing any content about which we receive a complaint
• send you promotional materials or special offers on our behalf or on behalf of our marketing partners. If you do not want to receive this marketing information you can notify us of this as part of the App Store registration process and/or App purchase process. You can stop receiving this information at any time by following the unsubscribe instructions on the correspondence you receive or by amending your marketing preferences, normally in the App Store account management section
• for any purpose if we are required to do so by any law or other regulatory or government authority
By providing us with your personal information, you consent to us: (a) processing your information as set out in this privacy policy and in any other manner you expressly consent to; (b) processing your sensitive personal data, such as health data (if provided); and (c) transferring your information to countries or jurisdictions which do not provide the same level of data protection as the UK, if necessary for these purposes. If we do make such a transfer, we will, if appropriate, put a contract in place to ensure that your information is protected.
4. Who we may share your personal information with

Agents: we use third parties to perform certain functions on our behalf including fulfilling orders, sending emails, promotions, surveys or polls, removing repetitive information from customer lists, App analysis, data analysis and processing credit card payments. They will have access to your personal information if necessary to perform their function but they cannot use it or disclose it for any other purpose, unless you have specifically given them consent to do so.

Aggregate Information: we may share aggregate, non-personally identifiable information, such as demographics and App usage statistics, with advertisers, sponsors and other organisations.

Third-Party Ad Serving Services: we or the App Store may use a third-party network advertiser to serve advertisements within the App. Network advertisers are third parties that display advertisements based on the category the App falls into. Third-party ad serving enables us to target advertisements to you for products or services you might be interested in. This App’s advertisers and/or sponsors may themselves set and access their own cookies on your device if you choose to have your cookies enabled in your browser.

Third Party Analytics Services: we may use the Google Analytics, Flurry or other analytics services to anonymously collect and analyse which pages of the App are viewed and for how long and which links are followed, so that we can provide more content which is of interest to you.

5. Maintenance and storage of information: Your information is collected through the relevant App Store and certain information is passed on to us. We Store that information on servers which are owned and maintained by or on behalf of Digitalis. We may keep your information for a reasonable period for the purposes set out in this privacy policy.

6. Links to other websites: this App may contain links to other websites and we may display advertisements from third parties in our App. We may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, we are not responsible for the content or privacy policies of these websites or for third party advertisers, even if they use the App’s logo as part of a co-branding agreement, nor for the way in which information about their users is treated. Before submitting any personal information to such websites, you should check their privacy policy.

7. Security: In accordance with our requirements under the Data Protection Act 1998, we will adopt appropriate security procedures to help prevent unauthorised access to your information. Neither Future nor any of its group companies shall be liable for any attempt to hack or crack or otherwise gain access to any of your information on servers owned and maintained by or on behalf of Future and its group companies.

8. Policy changes: By using this App you agree to the terms of this privacy policy, our cookies policy and our terms of use. We may amend this privacy policy and/or our cookies policy and/or the terms of use from time to time. If we do so, an updated version will be available through a link in the App. You will be bound by the new terms upon your continued use of this App.

9. Questions about this App and the information we hold about you: if you have any general questions about this App or the information we have collected about you and how we use it, you can contact the [x]

MOBILE APP COOKIE POLICY

Cookies, Web beacons and similar technology

What are they?
A cookie is a small piece of information which is sent to the hard drive of your device by a web server so that some information about your browsing activity can be collected. Other technology can also be used to collect that information without sending information to the hard drive of your device. In this policy we use the term ‘cookie’ to mean any technology that is collecting information from your device. The cookie will collect information relating to your use of our apps and websites, information about your device such as the device ID, IP address and browser type, demographic data and, if you arrived at one of our apps via a link from a site other than the relevant App Store (including, but not limited to the iTunes App Store, Blackberry App World, Amazon Appstore, Nook Books, Google Play and/or the Windows App Store), the URL of the linking page. The information will be collected both when you are connected to the internet and when you are not. If you have purchased one of our apps and have elected to share information with us as part of that process, it may also collect your name and email address, which may be transferred to data processors for verification purposes or a third party ad server to measure your activity, such as interaction with an advert or purchase of a product.
A web beacon is a line of code which is used by a website or less frequently a third party ad server to measure a user’s activity, such as interaction with an advert or purchase of a product. A web beacon is often invisible because it is only 1 x 1 pixel in size with no colour. A web beacon can also be known as a web bug, 1 by 1 GIF, invisible GIF and tracker GIF.
How does Digitalis Technology use them?
We, together with our trusted partners, use cookies for the following purposes:
(i) to measure users behaviour to better develop our apps. By using analytics services provided by Google Analytics, Flurry and Comscore we can analyse which pages are viewed and how long for and which links are followed, so that we can provide more content which is of interest. We also use this analysis to report on our performance and we may use it to sell advertising. If you purchase any of our apps, we’ll also monitor which apps you’ve accessed;
(ii) to manage online advertising and revenue share arrangements. Our approved, advertising partners use cookies together with web beacons to provide advertising to you and to enable us to manage our relationship with those advertisers by, for example, tracking how many unique users have seen a particular advertisement or followed a link in an advertisement;
We also include web beacons (also known as clear GIFs or web bugs) in our emails to track the success of our marketing campaigns. Our web beacons do not store additional information on your computer but, by communicating with our cookies on your computer, they can tell us when you have opened our email.
The information generated by the cookie about your use of our apps (including your IP address) will be transmitted to and stored on servers owned or maintained by or on behalf of our service providers in the United States and/or United Kingdom. They may also transfer this information to third parties where required to do so by law, or where such third parties process the information on their behalf. By using this website, you consent to the processing of data about you by those service providers in the manner and for the purposes set out above.

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