The “App” is operated by Magna FHS Ltd a limited company formed in England (an English Company) with its registered office at 20-22 Wenlock Road London UK, N1 7GU (and we refer to ourselves as “we”, “us” or “our”). We own and operate the “App” on our own behalf.
To download, install, access or use the “App”, you must be 18 years of age or over. If you are under 18 and you wish to use download, install, access or use the “App”, you must get consent from your parent or guardian before doing so.
We operate the software underlying and required for your use of the “App” from within the United Kingdom and it is possible that some downloads from the “App” could be subject to government export controls or other restrictions. If you download anything from or use the “App”, you represent that you are not subject to such controls or restrictions. We make no representation that anything is appropriate, permissible or available for use outside the United Kingdom, and using the “App” from territories in which such use or the information available from such use is illegal, restricted or not permitted, is expressly prohibited.
- If you choose to access or use the “App” from or in locations outside of the United Kingdom, you do so on your own initiative and are responsible for: –
- ensuring that what you are doing in that country is legal; and
- the consequences and compliance by you with all applicable laws, regulations, byelaws, codes of practice, licences, registrations, permits and authorisations (including any laws that relate to businesses providing services).
- You shall not in any way use the “App” or submit to us or to the “App” or to any user of the “App” anything which in any respect: –
- is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;
- is fraudulent, criminal or unlawful;
- is inaccurate or out-of-date;
- may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
- impersonates any other person or body or misrepresents a relationship with any person or body;
- may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of us or any third party;
- may be contrary to our interests;
- is contrary to any specific rule or requirement that we stipulate on the “App” in relation to a particular part of the “App” or the “App” generally; or
- involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- You agree not to access without authority, interfere with, damage or disrupt: –
- a) any part of the “App”;
- b) any equipment or network on which the “App” is stored;
- c) any software used in the provision of the “App”; or
- d) any equipment or network or software owned or used by any third party.
- Commentary and other materials available on the “App” are not intended to amount to advice on which reliance should be placed unless we act as your external advisors / consultants and where specifically stated. Subject to paragraphs 28 and 29 below, we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the “App”, or by anyone who may be informed of any of its contents.
- You assume sole responsibility for results obtained from the use of the “App”, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the “App”, or any actions taken by us at your direction.
- You agree to comply at all times with any instructions for use of the “App” which we make from time to time.
Availability of the “App”, Security & Accuracy
- We make no warranty that your access to the “App” will be uninterrupted, timely or error-free. We will aim to cause the least disruption possible for carrying out maintenance of the “App” or its features. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
- Access to the “App” may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the “App” for any reason. If we impose restrictions on you personally, you must not attempt to use the “App” under any other name or user or on any other mobile or other device.
- We do not warrant that the “App” will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile or other device), software, data or other property as a result of your download, installation, access to or use of the “App” or your obtaining any material from, or as a result of using, the “App”. We shall also not be liable for the actions of third parties.
- We may change or update the “App”, and anything described in it without notice to you. If the need arises, we may suspend access to the “App”, or close it indefinitely.
- We make no representation or warranty, express or implied, that information and materials on the “App” are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with services / products.
Independence from Platforms
- The “App” is independent of any platform on which it is located. The “App” is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).
- Your download, installation, access to or use of the “App” is also bound by the terms and conditions of the Operator.
- We are solely responsible for providing any maintenance and support services with respect to the “App” as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the “App”.
- In the event of any failure of the “App” to conform to any applicable warranty, you may notify the relevant Operator and that Operator will refund the purchase price for the “App” (if any purchase price has been paid) to you; and, to the maximum extent permitted by applicable law, that Operator 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.
- You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the “App” or your possession and/or use of the “App”, including, but not limited to: (i) any claim that the “App” fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
- You and we 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 the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by us.
- You must comply with any applicable third-party terms of agreement when using the “App” (e.g. you must ensure that your use of the “App” is not in violation of your mobile or other device agreement or any wireless data service agreement).
Limitation of Liability
- You hereby release Magna FHS Ltd, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any suppliers, or between you and other “App” or Website users.
- You assume all responsibility and risk with respect to your use of the “App”. The “App” is available “as is,” and “as available”. You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations and endorsements, express or implied, with regard to the site, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose. We do not warrant use of the site will be uninterrupted or error-free or that errors will be detected or corrected. We do not assume any liability or responsibility for any computer viruses, bugs, malicious code or other harmful components, delays, inaccuracies, errors or omissions, or the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the “App”. We have no duty to update or modify the “App” and we are not liable for our failure to do so. In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), shall we or any of our respective employees, directors, officers, agents or affiliates, be liable hereunder or otherwise for any loss or damage of any kind, direct or indirect, in connection with or arising from the “App”, the use of the “App” or our agreement with you concerning the “App”, including, but not limited to, compensatory, direct, consequential, incidental, indirect, special or punitive damages, lost anticipated profits, loss of goodwill, loss of data, business interruption, accuracy of results, or computer failure or malfunction, even if we have been advised of or should have known of the possibility of such damages. If we are held liable to you in a court of competent jurisdiction for any reason, in no event will we be liable for any damages in excess of one hundred fifty pounds sterling (£150.00). Some jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental damages, so the above limitation or exclusion may not apply to you. If any limitation on remedies, damages or liability is prohibited or restricted by law, we shall remain entitled to the maximum disclaimers and limitations available under this agreement, at law and/or in equity.
Your Representations and Warranties
- You represent and warrant that (a) your use of the “App” will be in strict accordance with this Agreement and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the United Kingdom or the country in which you reside and (b) your use of the “App” will not infringe or misappropriate the intellectual property rights of any third party.
- You agree to indemnify and hold Magna FHS Ltd and each of our affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including legal fees), resulting from your use of the “App” and/or any violation of the terms of this Agreement. We reserve the right to assume the exclusive defence and control of any demand, claim or action arising hereunder or in connection with the “App” and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defence of any such demand, claim, action, settlement or compromise negotiations, as requested by us.
- The “Dued – Our App your due diligence” name and logos and all related names, trademarks, service marks, design marks and slogans are the trademarks or service marks of Magna FHS Ltd.
Intellectual Property Rights
- As between you and us, we are the sole and exclusive owner or the licensee of all intellectual property rights in the “App”, and in the material published on it. Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from the “App” for your personal reference and you may draw the attention of others within your organisation to material available on the “App”.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- You must not use any part of the materials on the “App” for commercial purposes without obtaining a licence to do so from us or our licensors.
Information About You & Your Use of the “App”
Third Party Websites
- We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the “App” may exist (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are / may be provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.
- You must not without our permission: –
- a) use or copy any material from the “App”, including, but not limited to, onto other websites or in other mobile applications; or
- b) frame any of the “App” onto your own or another person’s website or mobile application.
- You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.