Please read these Terms carefully before you (a User, as defined below) buy our App or use our Service. If you do not agree to these terms, do not buy the App or use our Service.
These Terms tell you who we are, how we will provide the Service to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us using the “Frequently Asked Questions” page on our Site.
By using the Service you agree to the Terms of this licence which will bind you.
YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 15 “OUR LIABILITY TO YOU” & CLAUSE 16 “YOUR LIABILITY TO US”.
WHO WE ARE
We are Kicker Software Ltd and our address is 47 Boutport Street, Barnstaple, Devon, EX31 1SQ. We are a company registered in England and our company number is 11387442.
The following words have the following meaning when we use them in these Terms, on our Site, in our App and in the provision of our Services:
The Kicker Software application and any updates or supplements to it.
End-User Licence Agreement
Intellectual Property Rights
Patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
These are the Terms on which we licence you to use the Service.
A reference to “writing” or “written” includes email only.
If there are any inconsistencies between any of the provisions in our Terms, the provisions of our Terms of Service shall prevail and the order of precedence shall be:
the Terms of Service;
the End-User Licence Agreement.
We use our reasonable endeavours to secure your data but please be aware that the transmission and/or storage of data may not always be completely private or secure and that any data sent or stored using the App or any Service (including data on your own device or held by third parties) may be read or intercepted by others, even if that particular transmission or storage method is encrypted or held out as secure.
By using the Service, you agree to us collecting and using technical information about the devices you use the Service on and related software to improve our products and to provide the Service to you.
We may collect and use 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 use and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.
By using the Service, you acknowledge that your personal data will be shared with third parties as set out in these Terms.
Support & Contact
If you want to learn more about the Service or have any problems using it please take a look at our frequently asked questions which you can find on the “Frequently Asked Questions” page of our Site https://www.kickersoftware.com/product/faq.
If you need to contact us, or you think the Service is faulty or misdescribed, please contact us by emailing [email protected].
If we have to contact you about the Service we will do so by email, using the contact details you have provided to us when you registered.
How you may use the SERVICES
In return for you agreeing to comply with these Terms, you may view, use and display the Service on your device(s) for your personal purposes only.
You must be aged 18 or older to accept these Terms and/or to use the Service. You hereby warrant that by registering to use the Service you are 18 or older.
We are giving you personally the right to use the Service as set out above. You may not transfer your account or the Service itself to someone else, whether for money, for anything else or for free.
Hardware AND OPERATING SYSTEM requirements
The App requires a Windows device with a minimum of 2GB of memory and the Windows 7 (or higher) operating system running .NET v4.5.2 (or higher) with at least 10GB of free hard drive space.
We may change our operating systems requirements or cease to provide the App, in accordance with clause 11. If we do make changes to our operating system requirements or cease to provide the App, we will inform you in accordance with clause 11.
REGISTERING AS A USER and payment
Acting at our sole discretion, and without providing a reason to you, we reserve the right to refuse to accept or decline your application to become a User of the Service and may revoke permission to access all or part of the Service at any time.
We offer a free trial for all new Users of our Service. To access your free trial, you must first register as a User in accordance with this clause 6. You must enter your credit or debit card details, as set out below, at the point of registration. Your card will not be charged until your free trial has expired. Following expiry of your free trial you will be charged in accordance with the price indicated on the order pages when you placed your order and our Terms of Service.
By registering as a User on the Site or App you acknowledge that you enter into a contract with us to provide the Service and that you will then be directed to our third party payment provider to set up a recurring monthly payment in respect of the Price. Where you are eligible for a free trial period via the Service, no payment will be required from you during the free trial period.
You acknowledge that you take sole responsibility for all activity carried out via your account and that you are responsible for ensuring that you keep your account login details safe.
If you wish to amend the Service, you may do so at any time via our platform. If any of the changes you make affect the Price, this will be set out and payment of any increase requested before the amended service is provided.
If you wish to cancel the Service, you may do so at any time via our platform. The Service will terminate at that time.
Changes to these terms
We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you notice in writing of any change either by notifying you of the change when you next use the Site or App, or we may notify you via email using the contact details you provided to us at registration.
Your continued use of the Site and/or App shall be deemed acceptance of the changes. If you do not accept the notified changes you will not be permitted to continue to use the Service and you should cancel the Service immediately in accordance with clause 4.
Updates to & changes to the Service
From time to time we may automatically update and/or change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Changes shall be automatically installed to the Site and/or App and your continued use of the Site, the App and/or the Service shall be deemed acceptance of the changes. If you do not wish to accept any change or update you should cancel the Service immediately in accordance with clause 4.
You agree that you will not:
rent, lease, sub-license, loan, provide, or otherwise make available, the Service in any form, in whole or in part to any person without prior written consent from us;
copy the Service, except as part of the normal use of the Site or App where it is necessary for the purpose of back-up or operational security;
translate, merge, adapt, vary, alter or modify, the whole or any part of the Service nor permit the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Service on devices as permitted in these Terms;
disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Service nor attempt to do any such things;
use the 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 Service or any operating system;
transmit or store any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service;
use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.
if someone else owns the device you are using
If you download or stream the App onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the device.
Intellectual property rights
All Intellectual Property Rights in the Service throughout the world belong to us (or our licensors) and the rights in the Service are licensed (not sold) to you. You have no Intellectual Property Rights in, or to, the Service other than the right to use them in accordance with these Terms.
Our LIABILITY TO YOU
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 or for fraud or fraudulent misrepresentation.
To the extent permitted by law, we are not liable to you in any way for any act or omissions whether by us, our employees, subcontractors, agents or other users of the Service. This limitation applies regardless of whether a liability occurs in contract (by indemnity or otherwise), tort (including negligence), misrepresentation, or breach of statutory duty.
To the fullest extent permitted by law, we do not give any warranties or representations (either express or implied) regarding the access and use of the Service, including, but not limited to; (a) errors (b) defects (c) accuracy (d) adequacy (e) usefulness (f) reliability (g) operation (h) availability (i) security (j) viruses and (k) offensive, threatening, defamatory, or unlawful content.
We are not liable for business losses. If you use the Service for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our total liability to you in respect of all other losses arising under or in connection with this EULA, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount paid to us by you in connection with the Service in the month preceding the date directly giving rise to such liability (the Price, as defined above).
You acknowledge that the App and Service are provided for entertainment purposes only and do not offer any advice on which you should rely. You acknowledge that the Service is automated. Although we make reasonable efforts to ensure the information provided by the Service is up to date and accurate, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the information obtained from the App or the Service.
You acknowledge that the Service has not been developed to meet your individual requirements. Please check that the facilities and functions of the Service meet your requirements.
If our provision of the Service or support for the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. For the avoidance of doubt, we do not have any responsibility or liability to you (other than outlined above) for any loss incurred as a result of any disruption (whether temporary or permanent) to the Service.
The App or Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control and we are not responsible for and have not checked or approved their content or their privacy policies (if any). You will need to make your own independent judgment about whether to use any such independent sites, including whether to buy and products or services offered by them and we do not have any responsibility or liability to you for any loss or damaged incurred as a result of your accessing any other independent websites via our Site, App or Service.
YOUR LIABILITY TO US
You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with any:
breach and/or enforcement of these Terms; and/or
claim arising from your use of the Service;
This indemnity shall apply whether or not you have been negligent or at fault.
WHEN WE MAY END THE CONTRACT
We may cease or suspend providing you with access to the Service if we believe you have committed a breach of these Terms.
We may end your rights to use the Service at any time by contacting you if you have breached these Terms. If, in our opinion, what you have done can be put right we will give you a reasonable opportunity to do so.
We reserve the right to terminate these Terms and the Service at any time. We would provide you with 14 days notice in writing if we do decide to terminate these Terms and the Service.
TRANSFERRING this Agreement
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
No rights for third parties
These Terms do not give rise to any rights for third parties under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these Terms.
Each of the paragraphs of 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.
Even if we delay in enforcing this contract, we can still enforce it later.
These Terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the products in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish courts or the courts of England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish courts or the courts of England and Wales.
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 not happy with how we have handled any complaint, you can submit a complaint to Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/main/?event=main.home.show.