1.2. The Application is owned and operated by mySircles Limited, a company with registered number 9652270 whose registered office is at Chantry House, 10A High Street, Billericay, Essex CM12 9BQ (“mySircles”).
1.3. This Application has been provided to the user, under Terms and Conditions agreed between mySircles and mySircles customer (“customer”)
The “Application” or “App” shall mean the software provided by mySircles to receive information from and communicate with users of the App as well as receiving offers of services related to mySircles, mySircles’ services and its partners’ services, (“Services”) to be used on iOS version 12 and higher and Android 8.0 and higher and any upgrades from time to time and any other software or documentation which enables the use of the Application.
Definition of “App Store” is any of the Stores of Apple App Store or Google Play Store where Apps can be downloaded.
3. DATA PROTECTION & GDPR
Upon request, mySircles will delete your profile data and chat data. The individuals linked to your account will also be deleted. The only exception to this is If mySircles has been made aware of any impending legal action.
4. LOCATION DATA
In the future, the App will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to mySircles and mySircles affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop mySircles collecting such data at any time by turning off the location services settings.
5. ACCEPTABLE USE RESTRICTIONS
5.1. 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;
5.3. not infringe mySircles 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;
5.4. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service, as this may lead to suspension of your account;
5.5. not use the App or any Service in a way that could damage, disable, overburden, impair or compromise mySircles systems or security or interfere with other users; and
5.6. not collect or harvest any information or data from any Service or mySircles systems or attempt to decipher any transmissions to or from the servers running any Service.
7. PROPRIETARY RIGHTS AND LICENCE
7.1. All trade marks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by mySircles or by mySircles’ licensors.
7.2. mySircles hereby grants you a worldwide, non-exclusive, royalty-free revocable licence to use the Application for your business and personal use in accordance with these Appterms.
8. CONDITIONS OF USE
8.1. You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.
8.2. The Application may be made available to you free of charge for your personal, non-commercial use. mySircles reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these Appterms, at any time and for any reason.
8.3. You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
8.4. If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
8.5. The ways in which you can use the App may also be controlled by the App Store's rules and policies. App Store's rules and policies will apply instead of these terms where there are differences.
8.6. The App or any Service may contain links to other independent websites which are not provided by mySircles. Such independent sites are not under mySircles control, and mySircles are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
9.1. This Application is available to Apple iPhone and Android smartphones. mySircles will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside mySircles’ reasonable control.
9.2. mySircles, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
10. SYSTEM REQUIREMENTS
10.1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications as follows: iOS version 12 and higher and Android 8.0 and higher. Language: English. ('Software Requirements').
10.2. The version of the Application software may be upgraded from time to time to add support for new functions and services.
11.1. mySircles may terminate use of the Application at any time by giving notice of termination to you.
11.2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software;
12. LIMITATION OF LIABILITY
12.1. In no event will mySircles be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
12.2. mySircles is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
12.3. Nothing in these Appterms shall exclude or limit mySircles’ liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
13. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, and for the avoidance of doubt, save for section 2 of the Supply of Goods and Services Act 1982 mySircles hereby disclaims all implied warranties with regard to the Application. The Application and software are provided "as is" and "as available" without warranty of any kind.
14. SUPPORT AND CONTACT
14.1. mySircles will provide direct support for the Application, under the Terms and Conditions agreed between mySircles and mySircles’ Customer. You, the user, should contact the mySircles Customer that provided the Application, for service and support.
14.2. Contacting mySircles (including complaints). If you think the App or the Services are faulty or misdescribed or wish to contact mySircles for any other reason, please email mySircles customer service team at email@example.com.
14.3. If mySircles has to contact you, mySircles will do so by email, by SMS or by pre-paid post, using the contact details you have provided to mySircles.
15.1. mySircles may need to change these terms to reflect changes in law or best practice. mySircles will give you at least 30 days’ notice of any change by sending you details of the change or notifying you of a change when you next start the App. If you do not accept the notified changes you [may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you OR will not be permitted to continue to use the App and the Service
15.2. From time to time mySircles 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, mySircles 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.
16.1. Notwithstanding that any provision of this Agreement may prove to be illegal or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.
16.2. This Agreement supersedes all prior arrangements or promises in relation thereto only and may only be varied with the prior written agreement of each party.
16.3. You may not sub-contract, assign or transfer any of your right or obligations hereunder without the prior written consent of mySircles.
16.4. Nothing in this Agreement confers or is intended to confer on any person who is not a party to this Agreement any right and/or benefit.
16.5. No indulgence or forbearance by either party shall constitute a waiver under this Agreement.
16.6. This Agreement shall be governed by and construed in all aspects in accordance with Laws of England & Wales and the parties agree to submit to the exclusive jurisdiction of the courts of England.
16.7. Neither party shall be liable for any loss, damage or delay in performing its obligations under this Agreement if that delay is caused by circumstances beyond its reasonable control.
Last Updated: 14 June 2020