TERMS OF USE
CONTENTS
01. About our Terms
1.1
These Terms explain how you may use the website [https://www.mobiliseglobal.com/ (the Site), our Mobilise Hotspots service, information here: [https://mobilisehotspots.com/ (the Hotspots Service) and our related mobile application software (the Apps).
1.2
Your use of the Apps means that you accept, and agree to abide by, all the policies referred to in these Terms, which supplement the End User Licence Agreement for the Apps (found here: [https://mobilisehotspots.com/ios_eula] and [https://mobilisehotspots.com/android_eula] (the EULAs).
1.3
Your use of the Hotspots Service will be governed by our Mobilise Hotspots Terms and Conditions of Use found here: [https://mobilisehotspots.com/commercial-terms] (the Hotspot T&Cs).
1.4
References in these Terms to the Site includes the following websites: https://www.mobiliseglobal.com, https://mobilisehotspots.com, and all associated web pages.
1.5
You should read these Terms carefully before using the Site.
1.6
By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
1.7
If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
1.8
If you have any questions about the Site, please contact us by e-mail at: info@mobiliseglobal.com (which will be monitored Monday to Friday 9 am to 5.30 pm).
1.9
Definitions
Acceptable use policy – means the acceptable use policy located here: [https://www.mobiliseglobal.com/acceptable-use-policy/], which governs your permitted use of the Site;
Business User – any user of the Site , the Hotspots Service or the Apps acting otherwise than as a Consumer;
Consumer User – any user of the Site , the Hotspots Service or the Apps that is acting for purposes which are wholly or mainly outside their trade, business or profession;
Content – means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site, the Hotspots Service or the Apps;
EULAs – means the end user licence agreement for the Apps, located here: [https://mobilisehotspots.com/ios_eula] and [https://mobilisehotspots.com/android_eula], which will apply to your use of the Apps;
Site – has the meaning given to it in clause 1.1;
Terms – means these terms and conditions of use as updated from time to time under clause 11;
Unwanted Submission – has the meaning given to it in clause 5.1;
we – means MOBILISE HOLDINGS LIMITED, registered number 10232010 and the registered office of which is at 3rd Floor, 86-90 St Paul Street, London EC2A 4NE (and us or our shall have the same meaning). References to we, our and us in these Terms also includes our group companies from time to time including but not limited to Mobilise Consulting Limited (registered number: 07836728 and registered office: 3rd Floor, 86-90 St Paul Street, London EC2A 4NE) and Mobilise Technology Limited (registered number: 10232580 and registered office: 3rd Floor, 86-90 St Paul Street, London EC2A 4NE); and
you – means the person accessing or using the Site, the Hotspots Service or the Apps or their Content (and your shall have the same meaning).
1.10
Your use of the Site, the Hotspots Service and the Apps means that you must also comply with our Acceptable use policy and any terms or policies to which they refer (including, where relevant, the EULAs and the Hotspot T&Cs) and any applicable law.
1.11
If you would like these Terms in another format (for example: audio, large print, braille) please contact us using the contact details at paragraph 1.8 above.
02. Using the Site
2.1
You agree that you are solely responsible for:
2.2
all costs and expenses you may incur in relation to your use of the Site; and
2.3
keeping your password and other account details (if any) confidential.
2.4
If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
2.5
We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at info@mobiliseglobal.com.
2.6
We may prevent or suspend your access to the Site, the Hotspots Service or the Apps if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
03. Your privacy and personal information
3.1
Your privacy and personal information are important to us. Any personal information that you provide to us – whether via the Site, the Hotspots Service or the Apps – will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
3.2
Our privacy policy is available at [https://www.mobiliseglobal.com/privacy-policy/].
04. Ownership, use and intellectual property rights
4.1
The Site, the Hotspots Service and the Apps and all intellectual property rights in them including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
4.2
Nothing in these Terms grants you any legal rights in the Site, the Hotspots Service or the Apps other than as necessary to enable you to access the Site, the Hotspots Service or the Apps. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site, the Hotspots Service or the Apps.
4.3
Trade marks: “Mobilise” (UK Trade Mark number: UK00003296914) is our trademark. Other trade marks and trade names may also be used on the Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.
05. Submitting information to the Site
5.1
While we try to make sure that the Site, the Hotspots Service and the Apps are secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
5.2
We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site, the Hotspots Service or the Apps to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
06. Security and accuracy of information and availability of the Site, the Hotspots Service and the Apps
6.1
While we try to make sure that the Site, the Hotspots Service and the Apps are accurate, up-to-date and free from bugs, we cannot promise that they will be. Furthermore, we cannot promise that the Site, the Hotspots Service or the Apps will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site, the Hotspots Service or the Apps is at your own risk.
6.2
We may suspend or terminate operation of the Site at any time as we see fit.
6.3
Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
6.4
While we try to make sure that the Site, the Hotspots Service and the Apps are available for your use, we do not promise that the Site, the Hotspots Service and the Apps are available at all times nor do we promise the uninterrupted use by you of the Site, the Hotspots Service or the Apps.
6.5
We do not guarantee that the Site, the Hotspots Service or the Apps will be secure or free from bugs or viruses.
6.6
You are responsible for configuring your information technology, computer programmes and platform to access the Site, the Hotspots Service and the Apps. You should use your own virus protection software.
6.6
You must not misuse the Site, the Hotspots Service or the Apps by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the Hotspots Service or the Apps, the server on which the Site is stored or any server, computer or database connected to the Site, the Hotspots Service or the Apps. You must not attack the Site, the Hotspots Service or the Apps via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site, the Hotspots Service and the Apps will cease immediately.
07. Hyperlinks and third party sites
7.1
The Site the Hotspots Service or the Apps may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
08. Limitation on our liability
8.1
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, and subject to the EULAs and the Hotspots T&Cs:
8.1.1
Whether you are a Consumer or a Business User. 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 and for fraud or fraudulent misrepresentation.
8.1.2
If you are a Business User. We exclude all implied conditions, warranties, representations or other terms that may apply to the Site, the Hotspots Service or the Apps (or any content therein). We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of (or inability to use) the Site, the Hotspots Service or the Apps; or
(b) reliance on any content on the Site or contained in the Hotspots Service or the Apps,
and in particular we shall not be liable for:
(i) loss of profits, sales, business or revenue;
(ii) business interruption;
(iii) loss of anticipated savings;
(iv) loss of business opportunity, goodwill or reputation; or
(v) any indirect or consequential loss or damage.
8.1.3
If you are a Consumer – our liability. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.1.4
If you are a Consumer – we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
09. Events beyond our control
9.1
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
10. Rights of third parties
10.1
No one other than a party to these Terms has any right to enforce any of these Terms.
11. Variation
11.1
These Terms were last updated on 19th June 2019. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 11. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
12. Disputes
12.1
We will try to resolve any disputes with you quickly and efficiently.
12.2
If you are unhappy with us please contact us as soon as possible.
12.3
If you are a Consumer User, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
12.4
If you are a Business User, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.