Terms of Use

GIGABLE – TERMS OF USE - England & Wales

Last updated on 21 February 2020.

PLEASE READ CAREFULLY BEFORE, DOWNLOADING THE APP, USING THE SITE OR ACCESSING ANY GIGABLE SERVICE.

This agreement (“Terms of Use“) is a legal agreement between you (the “User“, “you“, “your“) and Gigable (as defined below) for the Gigable software application and the data supplied with the software (the “App“), and the Gigable website (“the website”) and any Gigable Services as also defined below. We are Gigable Ltd a registered company in England and Wales with company number Company number 12400320 of Gigable Ltd, Colony Co-Work Jactin House, 24 Hood St, Manchester, England, M4 6WX (“Gigable “, “us“, “we“, “our“).

By using our App, Website and/or the Gigable Services you accept and agree to be bound by the following terms and conditions in relation to the use of the App, Website and/or Gigable Service.

We license use of the App on the basis of these Terms of Use and subject to any rules or policies applied by any App provider or operator (the “App Provider”) from whose site you downloaded the App (the “Appstore Rules”). In the event of any conflict, the terms of the App Provider and the Appstore Rules take precedence over these Terms of Use. We remain the owners of the App at all times.

These Terms of Use are to be read in conjunction with the Gigable “Terms of Service” (available HERE) and in the event of conflict the Terms of Service take precedence.

IMPORTANT NOTICE:

BY DOWNLOADING THE APP AND BY CREATING AN ACCOUNT YOU AGREE TO THESE TERMS OF USE WHICH WILL BIND YOU.  THESE TERMS OF USE INCLUDE, IN PARTICULAR, THE LIMITATIONS ON LIABILITY SET OUT IN CLAUSE 8 AND THE DISCLAIMERS SET OUT IN CLAUSE 9.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST DELETE THE APP FROM YOUR DEVICE.

BY USING THE WEBSITE YOU AGREE TO THESE TERMS OF USE AND  YOU AGREE TO COMPLY WITH THEM. THESE TERMS OF USE INCLUDE, IN PARTICULAR, THE LIMITATIONS ON LIABILITY SET OUT IN CLAUSE 8 AND THE DISCLAIMERS SET OUT IN CLAUSE 9.

YOU MAY NOT ACCESS AND/OR USE THE APP OR WEBSITE OR ACCEPT THESE TERMS OF USE IF YOU ARE NOT AT LEAST 18 YEARS OF AGE. NO INDIVIDUAL UNDER THIS AGE LIMIT MAY PROVIDE ANY PERSONAL DATA TO GIGABLE THROUGH THE APP OR WEBSITE OR OTHERWISE SUBMIT PERSONAL DATA THROUGH THE APP OR WEBSITE.

PLEASE REVIEW GIGABLE’S PRIVACY STATEMENT. THE TERMS OF THE PRIVACY STATEMENT ARE INCORPORATED INTO, AND CONSIDERED TO BE PART OF THIS AGREEMENT.

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1. Acknowledgements‍

1. These Terms of Use apply to the App and Website and/or any of the services accessible through the App and Website and Gigable features available on the App or Website (the “Gigable Services”), including any updates or supplements to the App or Website or any Gigable Service, unless they come with separate terms, in which case those terms apply.
2. We may change these Terms of Use at any time by notifying you of a change when you next start the App or use the Website. The new terms may be displayed or “pop up” on-screen and you may be required to read and accept them to continue your use of the Gigable Services.
3. From time to time updates to the App may be issued through email or through pop-up notifications in the App. Depending on the update, you may not be able to use the Gigable Services until you have downloaded or installed the latest version of the App and accepted any new terms. We reserve the right to charge a fee or amend fees for the App and any licences granted to such but if we do so and you do not agree with our proposed fee you can delete the App and close your Gigable account.
4. You will be assumed to have obtained permission from the owners of the devices that are controlled, but not owned, by you and described in Clause 2 (the “Devices”) and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices and you and they are responsible for such charges.  You accept responsibility in accordance with these Terms of Use for the use of the App and/or any Gigable Service on or in relation to any Device, whether or not it is owned by you.
5. The terms of our Privacy Statement and our Cookies Policy are incorporated into these Terms of Use by reference and apply to the Gigable Services. Additionally, by using the App or Website or any Gigable Service, you acknowledge and agree that internet transmissions are never completely private or secure.  You understand that any message or information you send using the App or Website or any Gigable Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
6. The App or Website or any Gigable Service may contain links to other independent third-party websites (the “Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy statements (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

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2. Grant and Scope‍

1. In consideration of you agreeing to abide by these Terms of Use (and pay any fees as we may, from time to time, decide to charge for the App as may be further detailed in the Terms of Service), we grant you a non-transferable, non-exclusive licence to use the App on the Devices, for your own use, subject to these Terms of Use, and the Privacy Statement and our Cookies Policy. We reserve all other rights.
2. You may download or install a copy of the App using any iOS or Android device.

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3. Restrictions‍

Except as expressly set out in these Terms of Use or as permitted by any local law, you agree:

1. not to copy the App, Website or any Gigable Service, or any content except where such copying is incidental to normal use of the App, Website or Gigable Service or where it is necessary for the purpose of back-up or operational security;
2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App, any Gigable Service or any content;
3. not to make alterations to, or modifications of, the whole or any part of the App and/or Website and/or any Gigable Service or permit the App, Website or any Gigable Service or any part of it to be combined with, or become incorporated in, any other programs;
4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App, Website or Gigable Service or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

1. is used only for the purpose of achieving inter-operability of the App with another software program;
2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
3. is not used to create any software that is substantially similar to the App, Website or any other Gigable Service;

• to include our copyright notice on all entire and partial copies you make of the App or Website or any Gigable Service on any medium;
• not to provide or otherwise make available the App in whole or in part (including object and source code) and/or the Website and/or any Gigable Service in any form to any person without prior written consent from us; and
• to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or Website or any Gigable Service (“Technology”), (together, “Licence Restrictions“).

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4. Acceptable Use Restrictions‍

When using the App and/or Website and/or any Gigable Service you must:

1. not use the App and/or the Website and/or any Gigable Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or Website or, any Gigable Service or any operating system;
2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or Website and/or any Gigable Service, including the submission of any material (to the extent that such use is not licensed by these Terms of Use);
3. not transmit any material that is defamatory, offensive, threatening or otherwise objectionable in relation to your use of the App or the Website and/or any Gigable Service;
4. not use the App or Website and/or any Gigable Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and/or
5. not collect or harvest any information or data from any of our systems or attempt to decipher any transmissions to or from the servers running the App, the Website and any other Gigable Service.
6. To use the App and/or Website and/or any Gigable Service you must be at least 18 years old.

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5. Uploading Material

1. Whenever you make use of a feature that allows you to upload material such as Gig descriptions, profile information, comments, feedback, reviews, ratings or photographs, verification documents (including government identification documents or proof of address documents such as utility bills) to the App, Website or Gigable Service, you must comply with the Content Standards (see Clause 6 below). You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
2. You acknowledge and agree that User feedback benefits all users, and adds to the efficiency of the App, Website and Gigable Services and you specifically request that Gigable post composite or compiled feedback about users, on Gigable profiles and elsewhere on the App, Website and Gigable Services.
3. Any material you upload to the App, Website and/or Gigable Service will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the App, Website or Gigable Service constitutes a violation of their intellectual property rights, or of their right to privacy.
4. Material uploaded to the App, Website and/or Gigable Service by you will remain on the App, Website or Gigable Service for such time as we may determine from time to time and will be removed by us at our discretion. You grant to us a non-exclusive, royalty-free licence to use throughout the world the aforementioned material uploaded to the App, Website and/or Gigable Services which includes displaying, replicating and editing any images supplied by you. We reserve the right to limit and/or reduce the overall number of items posted or uploaded to the App, Website or Gigable Service by you as we determine in our sole discretion.
5. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the App, Website and/or Gigable Service.
6. We have the right to, and you agree that we may, without liability to you, remove any material or posting or contribution you make on the App, Website and or Gigable Service if, in our opinion, such material does not comply with the Content Standards (see Clause 6 below). Any user can contact us to report any material, posting or contribution which do not comply with the Content Standards.
7. We process information about you in accordance with our Privacy Statement.

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6. Content Standards‍

1. These content standards apply to any and all material which you contribute to the App (the “Contributions“), and to any services associated with it (the “Content Standards“).
2. We do not endorse any opinions expressed or Contributions made by any user of the App, Website and/or Gigable Service and shall have no liability for such opinions expressed or Contributions made.
3. You must comply with the spirit of the following standards. The Content Standards apply to each part of any Contribution as well as to its whole.
4. Contributions must:

• be accurate (where they state facts);
• be genuinely held (where they state opinions);
• only be uploaded to the App, Website or Gigable Service with the consent of any person identified, described or featured within the Contribution; and
• comply with applicable law in England and Wales and in any country from which they are posted.

5. Contributions must not:

• contain any material which is defamatory of any person;
• contain any material which is obscene, offensive, hateful, threatening or inflammatory;
• be uploaded to the App, Website or Gigable Service without the consent of any person identified, described or featured within the Contribution;
• promote sexually explicit material;
• promote violence;
• promote discrimination based on race, gender, religion, nationality, disability, sexual orientation, civil status, membership of the travelling community or age;
• infringe any patent, copyright, database right, trade mark or other intellectual property right of any other person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from us, if this is not the case; or
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

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7. Intellectual Property Rights‍

You acknowledge that all

1. all intellectual property rights in the Gigable Services, the App and the Website, its content and the Technology anywhere in the world belong to us or our licensors;
2. rights in the App are licensed (not sold) to you; and
3. you have no rights in, or to, the App, the Website or Gigable Service, the content or the Technology other than the right to use each of them in accordance with these Terms of Use and the Terms of Service.

You acknowledge that you have no right to have access to the App, Website or Gigable Service in source-code form.

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8. Warranty and Limitation of Liability

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1. Unless otherwise agreed by us in writing, the material and content displayed on the App, Website or on any Gigable Service is provided “as is” without any guarantees, conditions or warranties as to its accuracy or other terms of any kind.
2. To the fullest extent permitted by applicable law, we, other members of our group of companies, our officers and directors and third parties connected to us hereby exclude:
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   1. all conditions, warranties and other terms which may otherwise be implied by statute, common law or the law of equity, including without limitation:
   1.1. that the App, Website and Gigable Services are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing;
   1.2. that the App, Website and Gigable Service will meet your requirements, is error-free, without interruption or available at all times;
   1.3. that the results obtained from using the App, Website and Gigable Service including any Gigable Services or deals, will be effective reliable accurate or meet your requirements;
   1.4. warranties as to privacy and security other than as stated in our Privacy Statement;
   1.5. that you will be able to access or use the App, Website or Gigable Services at times or locations of your choosing; and
   1.6. any warranties on the basis of oral or written information given by our representative;
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   2. any liability for any direct, indirect, consequential, special, incidental or exemplary loss or damage incurred by you in connection with the App, Website of Gigable Service or in connection with the use, or results of the use of the App, service or Gigable Ser, any apps linked to it any materials posted on them, including without limitation any liability for:
   2.1. loss of income or revenue
   2.2. loss of business;
   2.3. loss of profits or contracts;
   2.4. loss of anticipated savings, the use of money or opportunity;
   2.5. loss of data;
   2.6. loss of goodwill or reputation;
   2.7. wasted management, office time or personnel time;
   2.8. work stoppage, computer failure or malfunction, or
   2.9. any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
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3. We disclaim all liability and responsibility arising from any reliance placed on commentary or materials by any User of this App, Website or any Gigable Service, or by anyone who may be informed of any of its contents. We do not actively monitor content posted by Users and, as such, are not responsible for and give no warranty or representation in relation to any such content. You agree and acknowledge that we are an information society service provider and are not under an obligation to monitor the information which is uploaded, transmitted or stored on the App. If notified by a User of content or Contributions which allegedly do not conform to these Terms of Use or applicable laws or regulations, we may investigate the allegation and determine in good faith and our sole discretion whether to remove such content or Contributions. We reserve the right to remove content or Contributions which are not compliant with these Terms of Use or applicable laws and regulations.
4. While we endeavour to ensure that the App and Website are normally available 24 hours a day, we are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of our Services or combination thereof, including any injury or damage to your or to any person’s Device related to or resulting from participation in connection with the Gigable Services. Access to the App, Website and/or Gigable Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
5. We will use reasonable endeavours to correct any errors or omissions as soon as practicable upon notification of them. However, we do not guarantee that the App, Website or the Gigable Services will be free of faults and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: support@gigable.com
6. We reserve the right at any time to modify or discontinue, temporarily or permanently, the App and Website with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuation of the Gigable Services.
7. You acknowledge that the App and Website has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App and Website meet your requirements.
8. We will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
   1. use of, or inability to use, the App, or Website; or
   2. use of or reliance on any content displayed on the App or Website.
9. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
10. We assume no responsibility for the content of websites linked on the App, Website and/or the Gigable Services. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
11. Subject to Clause 12 our maximum aggregate liability under or in connection with these Terms of Use (including your use of any Gigable Service) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to five hundred and fifty pounds sterling (£550).
12. Nothing in these Terms of Use shall limit or exclude our liability for:
    1. death or personal injury resulting from our negligence;
    2. fraud or fraudulent misrepresentation; and
    3. any other liability that cannot be excluded or limited by Irish law.

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9. Disclaimers‍

Although every effort has been made to provide accurate information, Gigable makes no warranties, express or implied, or representations as to the accuracy of any information provided through the Services. Gigable is not responsible or liable for any loss or damage suffered by any person arising out of the reliance of any information available on or through the App, Website or any Gigable Service.

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10. Termination‍

We may terminate these Terms of Use immediately by written notice to you:

• if you commit a material or persistent breach of these Terms of Use which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and
• if you breach any of the Restrictions, the Acceptable Use Restrictions or the Content Standards.

On termination for any reason:

• all rights granted to you under these Terms of Use shall cease;
• you must immediately cease all activities authorised by these Terms of Use, including your use of any Gigable Services;
• you acknowledge that termination may result in the forfeiture and destruction of all information associated with your account; and
• you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control.

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11. Communication Between Us‍

1. If you wish to contact us in writing, or if any condition in these Terms of Use requires you to give us notice in writing, you can send this to us, through the Gigable App’s contact feature, by e-mail info@gigable.com or by registered post to Gigable Ltd, Colony Co-Work Jactin House, 24 Hood St, Manchester, England, M4 6WX. We will confirm receipt of this by contacting you in writing, normally by e-mail.
2. If we have to contact you or give you notice in writing, we will do so by e-mail or by registered post to the address you provide to us in your request for the App, or via the Website submit form function.

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12. Events Outside Our Control‍

1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).
2. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Use:

• our obligations under these Terms of Use will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
• we will use our reasonable endeavours to find a solution by which our obligations under these Terms of Use may be performed despite the Event Outside Our Control.

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13. Interpretation‍

1. Section headings and captions in these Terms of Use are for convenience of reference only and shall not be considered a part of or affect the interpretation of these Terms of Use.
2. References to a statute or statutory provision includes any consolidation, re-enactment, modification or replacement of the same, any statute or statutory provision of which it is a consolidation, re-enactment or replacement of and any subordinate legislation in force under any of the same from time to time.
3. References to a document include a reference to that document as amended.
4. Words in the singular include the plural and vice versa and words denoting a gender denote all genders. References to persons include legal and natural persons.
5. For words which are used as defined terms in these Terms of Use but which do not have a corresponding definition, the word is given the meaning as defined in the Terms of Service.
6. Any words following the terms “including”, “include”, “in particular” or “for example” or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
7. A reference to a regulator or to a regulatory board shall include any replacement or successor bodies from time to time.

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14. Other Important Terms‍

1. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under these Terms of Use. We may transfer our rights and obligations under these Terms of Use to another organisation, but this will not affect your rights or our obligations under these Terms of Use.
2. You may not assign, novate, sub-contract or otherwise transfer part or all of these Terms of Use or any of your rights or obligations under these Terms of Use without our prior written consent.
3. These Terms of Use do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provisions under these Terms of Use.
4. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
5. If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
6. Each of the conditions of these Terms of Use operates separately. If any court or competent authority decides any provision or part provision of these Terms is invalid, unlawful or unenforceable, or if it becomes invalid, illegal or unenforceable, it shall be deemed deleted but that shall not affect the validity and enforceability of the rest of these Terms.  The remaining conditions will remain in full force and effect.
7. If any provision or part provision of these Terms is deemed deleted under clause 6 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
8. These Terms of Use and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it, its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales and you agree that the courts of England and Wales will have non-exclusive jurisdiction.

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These Terms of Use have been entered into on the date you accept these terms.

You should print a copy of these Terms of Use for future reference.

WF-23058351-12

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