1.1 The ‘12 Weeks to Wow’ subscription app (the App) is owned and operated by Happy Apps Company Limited a company registered in England and Wales with company number 0810272, and registered office at Basepoint Enterprise Centre, Anderson Road, Southampton, SO14 5FE (Happy Apps, we, us). By using the App you agree to be bound by these terms (the Terms). These Terms affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms, do not use the App. If you have any questions, you can contact us at firstname.lastname@example.org
1.2 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.
- How to download the App
2.1. To download and use the App you must sign in using your Facebook account. You may not sign in using anyone else’s Facebook account. We do not have access to any personal data included within your Facebook account unless you also register with our Facebook Support Group in accordance with Facebook’s terms and conditions.
2.2 You should not allow any third party to access the App through your account and you agree that we are not liable for any loss or damage arising from your failure to comply with this obligation.
2.3 Subscription fees are £2.99 per month (UK) payable in advance, or £39.99 (UK) for a lifetime’s access. We shall be entitled to increase the fees at any time and such notice will be posted on the App. Your continued use of the App constitutes acceptance of the increased fees. Please note, we do not have access to your payment details.
2.4 Without prejudice to any other rights or remedies available to us, if you fail to pay the monthly fee by the due date, we shall be entitled to (a) claim costs and interest under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) from the due date for payment accruing on a daily basis, until payment is made; (b) suspend your access to the App; and/or (c) terminate your subscription to ‘12 Weeks to Wow’ subscription app without notice.
- Use of the App
3.1 The App is a weight loss information and mindfulness service. It enables you to upload your own appropriate and relevant information to monitor your progress (User Content).
3.2 The App must not be used for any illegal or unauthorised purpose and when you use the App you must comply with all applicable laws. In particular, but without limitation, you shall not (a) try to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; (b) use the App in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other user’s use and enjoyment of the App; and/or (c) except to the extent expressly permitted by law and not capable of exclusion by law, copy, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the App.
3.3 User Content must comply with all applicable laws and regulations, and must not infringe the rights of any third parties.
- ‘12 Weeks to Wow’ subscription Content
4.1 The copyright and database rights in the App and all material contained in the App including all information, data, text, images, films and other recordings, software including source code (Our Content) is owned by or licensed to Happy Apps. All rights are reserved.
4.2 You can view, print or download Our Content for your own internal purposes but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use Our Content without our permission.
- Links to third party content
5.1. The 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.
5.2. 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, and not Happy Apps, 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.
- Liability and disclaimer – Your attention is particularly drawn to this section
6.1 Our Content on the App contains information relating to weight loss and mindfulness. Whilst we have prepared Our Content with reasonable skill and care, you acknowledge and agree that Our Content is provided for information only and does not constitute advice or recommendation by Happy Apps. Each user must determine whether Our Content is fit for his or her purpose.
6.2 Use of the App and Our Content, is at your own risk. The App and Our Content is provided on an “as is” basis. We do not warrant that any personal result or change in physical appearance or mental health will be achieved or achievable. In addition, all implied warranties, terms and conditions relating to the App and Our Content (whether implied by statute, common law or otherwise), including any warranty, term or condition as to accuracy, completeness, reliability, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded.
6.3 You should not use Our Content as an alternative to any other medical or therapeutic services or treatments that are available to you. Our Content should not necessarily be used in isolation and is not a replacement for any medication prescribed to you. You should always seek medical advice for medical conditions and health issues such as depression, anxiety, low moods and/or eating disorders.
6.4 Happy Apps will not be liable, in contract, tort (including negligence), under statute or otherwise, as a result of or in connection with the App, for any (a) economic loss; (b) loss of data including User Content; and/or (c) special or indirect or consequential loss even if advised of the possibility of such losses.
6.5. If Happy Apps is liable to you directly or indirectly in relation to the App, that liability (howsoever arising) shall be limited to the fees paid by you to Happy Apps in the 12 months before the claim arose. Nothing in these Terms shall be construed as excluding or limiting the liability of Happy Apps 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.
7.1 There may be occasions when access to the App may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You also acknowledge that the App may be subject to breaches of security and that the submission of content may not be secure.
7.2 We reserve the right to remove any content or features from the App for any reason, without prior notice and/or to suspend or cease providing any services relating to the App without notice. Subject to Clause 7.3 below, we shall have no liability or responsibility to you in any manner whatsoever in such circumstances.
7.3 If you have purchased a lifetime’s access to the App and we permanently cease to provide the App, you shall be entitled to a refund of the fee paid, reduced pro-rata by the number of months since you first downloaded the App at a cost of £2.99 a month.
8.1 You may terminate your account at any time, provided that we shall not be obliged to refund to you any fees paid in advance.
8.2 Without prejudice to any other rights or remedies available to us, we may suspend or terminate your account if (a) you have breached any provision of these Terms; (b) we cannot verify or authenticate any information you provide to us; and/or (c) we determine that your conduct could damage our reputation.
8.3 If your account is terminated you acknowledge that your User Content may be deleted or retained by us after the date your account is deleted at our sole discretion.
9.1 In these Terms (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.
9.2 These Terms constitute the entire agreement between you and Happy Apps concerning your use of the App.
9.3 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. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
9.4 If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the App please follow this link http://ec.europa.eu/odr.
9.5. 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.
- Additional Terms for Users who download the App from the Apple iTunes App Store
- We both acknowledge that these Terms are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for the App and the content thereof.
- The licence granted to you for the App is limited to a non- transferable licence to use the App on an iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions.
- We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
- We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- We both acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Last updated: February 2017