51Degrees App Terms of Service : Tuesday, March 29, 2022
1.1 Welcome to the 51Degrees App. The software application (“App”) and the services we provide through it (together the “Service”), are owned and operated by 51Degrees.mobi Limited (“we”, “our” or “us”, as applicable). For further information about us and our contact details, please see the contact information at the end of this page.
1.2 The Service allows you to obtain a code in return for sharing information about your device with us which we use in connection with the services we provide to our clients. The code can be used to redeem a reward on a crowdsourcing or similar platform operated by us or a third party (“Platform”). For more information about us and our services, please visit www.51degrees.com.
1.3 These Terms of Service and the End User Licence Agreement (together the “Terms”) govern your use of the Service.
1.4 Please read these Terms carefully before you start to use the Service, as they will apply its use. We recommend that you print or save a copy of these Terms for future reference.
1.5 By installing the App or accessing or using the Service, you confirm that you accept these Terms and that you agree to comply with them.
1.7 We may revise these Terms from time to time for any reason, including to reflect changes in relevant laws and regulatory requirements. For further information regarding when and how changes we make may take effect, please see the end of these Terms.
1.8 If you have any queries or concerns regarding these Terms, please contact us using the details at the end of these Terms.
1.9 These Terms of Service were last updated on the date that appears at the top of this page.
2 Accessing and using the Service
2.1 Anyone can download the App and access and use the Service using an internet connection. There is no registration requirement to use the App.
2.2 You may need to have an account with the relevant Appstore to download the App.
2.3 You will also need to register with the Platform and meet its registration and access eligibility requirements. Please see further the terms and conditions of the relevant Platform.
3 Sharing Device Data and obtaining a Redemption Code
3.1 If you wish to share data from the device on which you have installed the App you can use the functionality of the App to do so.
3.3 The App will only share your Device Data with us in respect of certain devices. Please see the minimum system requirements for further details. If the Device Data is not received by us, you will not be eligible to receive a code.
3.4 By disclosing your Device Data to us you are making an offer to us, which we accept by providing a unique code (“Redemption Code”), at which point a binding contract is formed between us.
3.5 The Platform from which Redemption Codes can be deemed shall be stated in the relevant section of the App. We reserve the right to change the Platform from time to time.
3.6 The Redemption Code can be used to redeem a reward using the Platform for the period set out in the terms governing your use of the Platform.
3.7 You will only be eligible to receive the reward stated at the time you share the Device Data with us when using the Redemption Code.
3.8 You can generate as many Redemption Code as you like using the Service but may only use one code for each device you own and on which you have installed the App. Once you have used a code or its validity period has expired, it cannot be used again.
3.9 If you experience any issues using a Redemption Code, please contact the Platform in the first instance using the contact information on the pages of the Platform’s website.
3.10 You agree that you will not share any Redemption Codes with any person other than the Platform or publish any Redemption Codes at any time.
3.11 You will act in good faith at all times when using the Service.
4 Promises, liability and disclaimer
4.1 The Service is provided on an "as is" and “as available” basis. To the fullest extent permissible under applicable law, we disclaim any and all promises, warranties, conditions, or representations relating to the Service and its content, whether express, implied, oral or written. In particular we do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on the Service and you should not rely on it being accurate, truthful or complete.
4.2 By using the Service you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of the Service, response times and the risks inherent in all third party links, connections and transfers via the internet. Accordingly, except to the extent required by our data protection and other legal obligations:
4.2.1 we do not make any promises about the availability or accessibility of the Service nor that the Service will be delivered uninterrupted, in a timely manner or error-free; and
4.2.2 we make no promises in respect of any harm that may be caused by the transmission of a computer virus or any other form of harmful programming routine.
4.3 We will not be responsible or liable to you for:
4.3.1 any form of indirect, consequential or special loss; or
4.3.2 any financial loss or loss of data, opportunity, goodwill or reputation, in each case whether such loss is direct or indirect.
4.4 There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following:
4.4.1 for death or personal injury caused by our negligence;
4.4.2 fraud or fraudulent misrepresentation; or
4.4.3 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability.
4.5 If we are found to be liable, our total liability in respect of all claims made against us in connection with these Terms (other than those mentioned in above in this paragraph) is £5 (five pounds sterling).
5 Suspension and termination
5.1 We will determine, in our sole discretion, whether there has been a breach of these Terms, in whole or in part, through your use of the Service. When a breach of these Terms has occurred, we may take such action as we deem appropriate.
5.2 Failure to comply with these Terms constitutes a material breach of these Terms on which you are permitted to use the Service and may result in our taking all or any of the following actions:
5.2.1 immediate, temporary or permanent withdrawal of your right to use the Service;
5.2.2 issue of a warning to you;
5.2.3 issue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5.2.4 issue further legal action against you; and
5.2.5 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
6 Your obligation to reimburse us
You agree only to use the Service in accordance with these Terms. You agree that you will reimburse us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms.
7 Our content
7.1 All of the content on the App is owned by (and all copyright, trade mark and other intellectual property rights in that content, shall at all times remain vested in) us or our licensors and is protected by UK and international copyright and other intellectual property laws.
7.2 You may view the content on the App and may print a copy of these Terms and store such Terms in electronic form on your computer for your records, provided you keep intact any and all copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use any of the content on the App other than as expressly permitted under these Terms.
7.3 You are not in any circumstances permitted to:
7.3.1 make commercial use of any content on the App;
7.3.2 duplicate, copy or re-sell any, all or part of the App;
7.3.3 adapt, vary, edit, modify, translate or transpose, in part or in whole, any of the content on the App;
7.3.4 scrape, harvest, mine, retrieve, index, meter or otherwise gather by electronic means any data or other content from the App;
7.3.5 interfere with or disrupt the Service or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
7.3.6 remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to or are contained within the content of the App.
7.4 No permission is given in respect of the use of any of our trade marks and any such use may constitute an infringement of the holder’s rights.
8 General prohibitions on access and use of the Service
8.1 You may use the Service only for lawful purposes. You may not use the Service:
8.1.1 in any way that breaches any applicable local, national or international law or regulation;
8.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
8.1.3 to knowingly transmit, send or upload any data or other material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
9.1 You acknowledge that the Service may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability. We do not therefore endorse, or make any representations about, them or any content found there or any results that may be obtained from using them.
9.2 If you decide to access any of these third-party websites, you do so entirely at your own risk.
10 General complaints and questions
If you have any complaints or questions please contact us via email or by post using the contact information at the end of these Terms.
11.1 We will not be liable to you due to circumstances or causes outside our reasonably control. We shall not be in breach of these Terms nor liable for any delay in performing, or failure to perform, any of our obligations under these Terms if any such delay or failure results from events, circumstances or causes beyond our reasonable control.
11.2 If we delay in enforcing these Terms, we can still enforce them later. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms again.
11.3 If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs in 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.
11.4 Reliance on these Terms. We intend to rely on these written Terms and any document expressly referred to in them in relation to the subject matter of any contract between us. We and you will be legally bound by these Terms.
11.5 References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
11.6 You may not transfer your rights under these Terms to someone else. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
11.7 We may transfer our rights and obligations under these Terms to someone else. We may assign, novate or otherwise transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this.
11.8 Nobody else has rights under these Terms. These Terms do not create any right or benefit enforceable by any person other than you and us.
11.9 Language. The Terms and any contract between us will be concluded in English.
11.10 Which laws apply to these Terms and where you or we may bring legal proceedings. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed by, and construed in accordance with English law. If you are a consumer, you can bring legal proceedings in respect of these Terms in the English courts. If you live in Scotland you can bring those legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring those legal proceedings in either the Northern Irish or the English courts. Nothing in these Terms shall deprive you as a consumer of the right to bring or defend proceedings in your home state nor the protection afforded to you as a consumer by the mandatory rules of law of the country in which you live. If you are a business, we and you irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.
11.11 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider. You can submit a complaint to the Centre for Effective Dispute Resolution (CEDR) via its website at https://www.cedr.com/consumer/. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
12 Changes to these Terms
We may make changes to these Terms at any time so please check the relevant section of the App and/or the online store from which you download the App regularly. Any changes will take effect 7 days after the date we post the modified terms. If you continue to use or download the App after that period has expired, it means that you accept any such changes.
13 Contact us
The 51Degrees App is owned and operated by 51Degrees.mobi Limited, a limited company incorporated in England.
Registered company number: 07397529
Registered office address: 51Degrees, Davidson House, Forbury Square, Reading, Berkshire, RG1 3EU, United Kingdom
VAT registration number GB 105 0599 36
Email address: email@example.com
Correspondence address: 51Degrees, Davidson House, Forbury Square, Reading, Berkshire, RG1 3EU, United Kingdom