Terms and Conditions
This End User Licence Agreement (EULA) sets out the terms of licence and use that apply to the app for use on mobile devices (such as mobile phones, tablets and other devices), including any updates to the app, that we make available for download from any third party application store and our web-based application that we make available on our website www.helloacasa.com (the App or acasa).
These terms and conditions also apply to any of the services accessible through the App, unless separate or additional terms apply, in which case they will be displayed on-screen or accessible via a link.
The App is provided by Locatable Limited (we, us and our). We are a limited company, registered in England. Our registered company number is 08616210, and our registered office is at Stapleton House, Block A, 2nd Floor, 110 Clifton Street, London, EC2A 4HT. Our VAT registration number is 232 3946 15.
BY DOWNLOADING, ACCESSING AND/OR USING THE APP, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE APP, AND YOU SHOULD NOT CLICK TO ACCEPT THESE TERMS AND YOU SHOULD NOT PROCEED FURTHER.
We reserve the right to change the terms of this EULA from time to time by notifying you (with the updated terms being displayed on-screen or with a link to the updated terms) when you next start the App.
- Registering with us
- Using the App and making payments
- Utility Services
- Payment for Utility Services
- TV Licence
- Access to the App
- What you are allowed to do
- What you are not allowed to do
- Intellectual property rights
- Member content
- Third party platform providers and application stores
- Functionality and content
- Your personal information
- External links
- Our liability
- Contacting us
- Additional terms from third party platform providers
Registering with us
acasa makes shared living simple. The App allows you to keep track of everything people in your house (each a House) are spending money on – from rent to toilet roll, utility bills to nights out. When you download the App you will be asked whether you would like to set up a new House or whether you have an invitation to join an existing House set up on the App.
Setting up a new House is easy. You will be asked to enter the House name or address, a valid postcode and country. To complete creation of the House account you can either sign up by:
- providing your email address together with your first and last name; or
- using your Facebook account.
Once your House is set up, you can invite people you live with you to join either from your contacts list or by entering their details manually.
Joining an existing House
If you have been invited to join a House you will receive an invite code by SMS or email, which you can enter to join the House once you've downloaded the App.
Rules for Registering
To register on the App you must be at least 18 years of age or any older age legally required under local law to bind yourself legally to these terms and conditions. If you choose to register with us you confirm you meet this minimum eligibility criterion.
To register you must provide us with accurate, complete and up-to date contact information, including your name, telephone number, address and email address. You are responsible for the information you provide to us. You must promptly update your account information in the event of any changes to this information.
By registering on the App, you warrant that you have obtained all required consent (if any) that may be required and/or necessary in order for us to provide the App to you including (without limitation) obtaining any permissions as may be required from your landlord.
Registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason.
Upon registration for an account with us, you will be asked to create a password. You must keep your password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised member of your account and, accordingly, you must not disclose your password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your password (see Contacting us). Any breach of these terms and conditions and/or any use of your account by anyone to whom you disclose your password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.
We reserve the right to alter or replace them, or require you to do so, at any time in our sole discretion.
Using the App and making payments
Members can add details of payments they or other House members have already made or will make in the future. Costs can be classified in a number of different categories including, for example, Food & Groceries, Utilities, or Rent, and different members of the House can be listed as the party responsible for managing each payment. You can view details of the House's payment history as well as upcoming payments using functionality we make available in the App.
The App allows members to record payments that have been made to House members offline. When eligible, you can also make payments directly to other House members using the App.
In order to make and receive payments to and from another House member or make a payment to a Service Provider you sign up for, as set out in the Utility Services section below, you and they will need to provide the following information:
- first and last name;
- date of birth;
- address; and
- details of your bank account; and
- such other information as may be requested at signup.
You will be prompted by the App to provide the foregoing information to us in the payment section when you first try to make a payment or when you sign up to a service. You are not obliged to provide this information to us, but if you do not you will not be able to make payments using the App.
Please note that you will not be able to pay a House member until that member has also registered to use the payment service by providing the information above. If you attempt to make a payment to a House member who is not registered, we will alert the House member to that attempt and send them a request to add their payment registration information.
We reserve the right, in our discretion, to carry out checks (including checks with credit reference agencies) for the purposes of confirming your identity and to establish your creditworthiness. By agreeing to these terms and conditions, you agree to our doing so.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
For the avoidance of doubt, deletion of the App does not affect or prejudice your obligations arising under this EULA or in relation to any Utility Service you sign up for through the App including (without limitation) your obligation to pay for a Utility Service.
acasa offers a service where House members can choose to sign up with certain utility providers that we offer through the App from time to time (each a Service Provider), to receive the utility service offered by that Service Provider (Utility Service) and manage and apportion payment for that Utility Service through the App.
The contract for the Utility Service is between you and the Service Provider. acasa is not a party to that contract and is not responsible for the provision of the Utility Service. If you have any questions or concerns with the Utility Service these should be raised directly with the relevant Service Provider. Please see Our Liability for more details.
If you choose to sign up for a Utility Service on the App, you appoint us as your agent to conclude and enter into the contract with the Service Provider on your behalf. That means that you authorise acasa to sign you up directly with the Service Provider to receive the Utility Service and, if relevant, to switch the House over from an existing supplier of the same service. The contract for the Utility Service is between you and the Service Provider and you are responsible for paying all costs which accrue to you as a result of your use of the Utility Service. If you do not wish to enter into a contract with the Service Provider you should not proceed through the sign up steps in the App.
As your agent, you authorise us to:
- contract with Service Providers in your name;
- receive bills and correspondence from the Service Providers;
- access information about your House account with the Service Provider;
- manage and make changes to your House account's payment plan with the Service Provider;
- inform the Service Provider where the relationship between you and acasa comes to an end and/or your leave the House to which the Utility Service is provided; and
- to take any other reasonable actions as may reasonably be required in order ensure the Utility Service is provided to the House.
acasa will be a named contact and/or agent on your House account with the Service Provider so we can liaise with the Service Provider on your behalf.
You can sign up with a Service Provider by going to the "Services" section of the App and following the on-screen instructions. You acknowledge and agree that by completing the sign up process you have permission from other House members to sign up for the Utility Service.
When signing up you:
- must provide and/or confirm your details and those of your House;
- will be presented with tariff details and the estimated cost for the Utility Service;
- must review and confirm your acceptance of the Service Provider's terms and conditions for the Utility Service (Utility Terms); and
- must review and confirm your acceptance of these acasa terms and conditions.
You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the confirmation button on the checkout page.
After placing an order, you will receive an acknowledgment from us that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to purchase the ordered Utility Service from the Service Provider. All orders are subject to acceptance by the Service Provider. The Service Provider is not obliged to accept your order and may, at its discretion, decline to accept any order for any reason. You do, however, acknowledge that by clicking on the confirmation button on the checkout page, you enter into an obligation to pay for the Utility Service.
Where your order is accepted, the Service Provider will confirm such acceptance by sending you a confirmation of your order (Order Confirmation). The contract between you and the Service Provider will only be formed when they send you the Order Confirmation.
The Order Confirmation will contain details of:
- your 'cooling off period' and cancellation rights;
- the billing cycle for the Utility Service (i.e. once a month/quarter) (Billing Cycle); and
- any other information, including a full copy of their terms and conditions, relating to the Utility Service provided by the Service Provider.
Where applicable, you shall obtain regular meter readings relating to the Utility Service and enter those details into the App using functionality that we make available. We may notify you through the App from time to time to update details of your meter readings for the House. You can turn these notifications off at any time.
- If you choose to sign up for a Utility Service on the App, you appoint us as your agent to conclude, enter into, make payments under and manage the contract with the Service Provider on your behalf; and
- Signing up for a Utility Service on the App does not prevent you from switching to another Service Provider at any time, however, if you do so you may become ineligible for some or all services available under the App; and
- When you sign-up for a Utility Service you must provide us with the full postal address of your property and the total number of occupants and bedrooms in your property. We will provide you with a projection of your predicted costs for the Utility Service based on the Utility Service tariff and the estimated annual consumption rate issued by Ofgem for properties of your size. The Service Provider will then provide you with the relevant Tariff Information Label and Tariff Comparison Rate in due course.
Payment for Utility Services
Payment for the Utility Service is managed through the App, using our payment provider MangoPay.
Charges for the Utility Service shall be split equally between the House members, unless otherwise agreed. Each House member will receive an individual invoice for the Utility Service on the first business day of the Billing Cycle (each an Invoice). A "business day" is a day other than Saturday or Sunday or a public holiday in England. The Invoice is viewable in the app. Each Invoice will contain details of the date that payment is due (Due Date).
When the Invoice becomes due, we will attempt to charge each individual automatically, using an active Direct Debit mandate or bank card, as available. All House members will be sent a billing summary to the email address provided during sign up, outlining any success or failure to collect funds. If there are sufficient funds in each House member's wallet, the Invoices for the Utility Service shall be automatically settled on the Due Date.
Joint and Several Liability
The House members are jointly and severally liable for Utility Service debts of the House. That means that in the event that a House member(s)'s bank account contains insufficient funds to pay for the Utility Service on a Due Date, or the payment charge fails for any other reason (such as rejection by the bank), the other House members shall be equally liable to pay the outstanding amount. For example: a Utility Service bill is £18;
- there are three House members, so the bill comes to £6 each;
- one House member does not have sufficient funds on the Due Date, leaving £6 outstanding;
- if payment remains outstanding after exhausting the Payment Collection Process outlined below, the remaining two House members will automatically pay the difference being £3 each.
The App will automatically record details of any payments for Utility Services made by House members on behalf of other House members from time to time, so that the debt is visible and/or reconciled against the existing payment history of the House members.
If for any reason we cannot collect any amount which is outstanding from the remaining House members, the Service Provider may then pursue the lead House member for payment in accordance with its terms and conditions. For further details of the action which may be taken against any specific House member please refer to the relevant terms and conditions of the Service Provider. In such an event, acasa reserves the right to remove our name as a contact on your House account with that Service Provider and to stop providing you with our services.
Payment Collection Process
|1-3||House members can pay early||Payments can be proactively by members through the App, in advance of the Invoice being due.|
|3||acasa initiates payment of invoices||acasa initiates payment of Invoice from House member's Direct Debit or bank card, as available.|
|3||House member(s) fails to pay on Due Date||The attempted charges are unsuccessful, for example due to lack of funds in account, bank card or Direct Debit Mandate problems or payment otherwise blocked by bank|
|3||House member(s) and rest of House alerted of failure to pay.||acasa notifies both the House member and rest of the House explaining failure to pay, requesting payment by Day 5 and explaining outstanding amount will be taken from remaining House members if not received.|
|5||acasa initiates payment of outstanding invoices||Payments which weren't made on Day 3 are reattempted on Day 5|
|5||House member(s) fails again to pay||acasa informs entire House that outstanding amount will be taken from other House member's wallets in 2 days time.|
|5-7||All House members can make payment to cover outstanding share||Prior to the payments on day 7, the payment shares can be adjusted and paid early by any House member.|
|7||acasa allocates and initiates payment of remaining invoices||Payments split between any House members with valid payment methods, in order to pay all invoices.|
|8||If Invoice(s) remain unpaid, the debt shall be passed to the Service Provider||If the Invoice(s) for the House remains unpaid following completion of the above steps, then the Service Provider will collect the debt in accordance with its internal process.|
Where an invoice for Utility Services is based on estimated usage for the Billing Cycle, there may be occasions where the House has paid too much or too little for the Utility Service. This will be automatically reconciled in the invoice(s) for the following Billing Cycle(s). House members shall send regular Meter Readings where available and applicable.
If there is a positive balance in your House account when it is closed for any reason, this balance will be paid out and refunded to the House members in the proportions in which they were paid.
acasa offers a service where House member can choose to purchase their TV Licence through the App.
The contract for the TV Licence is between you and TV Licensing who act for and on behalf of the BBC ("TV Licensing"). acasa are not a party to the contract and only act on your behalf to purchase the TV Licence. acasa is not responsible for the provision of any television service or your purchase of the TV Licence is sufficient for your use. If you have any questions or concerns about the provision of the TV Licence you should raise these directly with TV Licensing.
If you choose to purchase your TV Licence on the App, you appoint us as your agent to conclude and enter into the contract with TV Licensing on your behalf. That means you authorise acasa to sign you up directly with TV Licensing to receive your TV Licence. The contract for the TV Licence is between you and TV Licensing and you are responsible for paying all costs associated with the TV Licence. If you do not wish for us to purchase the TV Licence on your behalf, you should not proceed with the sign up steps in the App.
Purchasing a TV Licence
You can purchase your TV Licence by going to the "TV Licence" section of the App or Website and following the on-screen instructions. You acknowledge and agree that by completing the purchase process you have the permission from other House members to make the purchase and that no one in your House has already purchased a TV Licence.
To purchase a TV Licence you must:
- provide the details about your House requested in the purchase process;
- review and confirm your acceptance of these acasa terms and conditions;
- pay and arrange for each House member to (in total) pay the full cost of the TV Licence.
You may check and correct any errors in your purchase up until the point at which you submit your purchase request. You submit your purchase request by clicking confirmation button on the checkout page.
We will only purchase the TV Licence once we have received full payment of the first monthly TV Licence payment, whether from you directly or from each House member in the agreed proportions. Until the first Invoice is fully settled for the TV Licence, we will not purchase the TV Licence on behalf of the House. If we don't receive full payment within 10 days of you completing the purchase process and clicking on the confirmation button on the checkout page, we will discontinue your purchase and notify you of the same, and any monies paid in part by you or any House member will be returned to you/relevant House member.
Once we have received the first Invoice amount we will, without further reference to you, purchase the TV Licence.
Once we have purchase the TV Licence you will receive notification directly from TV Licensing that the TV Licence have been purchased and we will transfer the monies from your e-wallet for payment.
Cancelling your TV Licence
You may cancel your TV Licence at any time by directly contacting TV Licensing. If you do so, please inform us so we can adjust your payment schedule.
If you choose, we may also assist you with cancelling your TV Licence. If you have not purchased your TV Licence through the App, we will not cancel the TV Licence for you and will decline your cancellation request.
If you have purchased your TV Licence through the App and you wish us to assist with the cancellation, you must:
- complete the cancellation details requested in the cancellation process and
- send through in-app chat or email to email@example.com, copies of the documentation requested by us as part of the cancellation process.
You may check and correct any errors in your cancellation up until the point at which you submit your cancellation request. You submit your cancellation request by email or in-app chat.
By confirming cancellation of your TV Licence, you acknowledge and agree that you have the authority of all the House members to cancel the TV Licence and further you confirm that the House no longer needs a TV Licence. We will have no liability to you if you cancel the TV Licence when a TV Licence is still required. If you are not sure whether to cancel the TV Licence please refer to the TV Licensing website.
It is your responsibility to ensure that the documentation you provide us is accurate and up-to-date. We will not review this documentation and will not be liable to you if the cancellation of your TV Licence is delayed or declined as a result of the documentation you provide.
If you do not provide the requested documentation within 48 hours of your cancellation request we reserve the right to discontinue your cancellation request and notify you of the same.
Once we have received the cancellation request together with the relevant documents, we will within 96 hours of receipt submit the cancellation request. Any refunded monies received from TV Licensing will be repaid to you and, where relevant, the House members in the proportions in which we received the payment for the TV Licence.
We will not be liable for any failure to cancel the TV Licence due to the provision by you of any inaccurate information or documentation or failure by you to provide the documentation requested in a timely manner.
Access to the App
The App may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant operating system for which the App concerned was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download the App you wish to download and to access and use the App.
You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download the App to that device. You accept responsibility, in accordance with this EULA, for all access to, and use of, the App by you on any device, whether or not it is owned by you.
You acknowledge that the mobile service provider for the device to which you download, or on which you access or use, the App may charge for internet access (including mobile data usage) on that device.
We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the App or that the App will respond at a certain speed (since this depends on a number of factors outside our control).
What you are allowed to do
You may only use the App for non-commercial, personal use and only in accordance with this EULA (and in accordance with any applicable terms of any relevant third party service provider for the device to which you download, or on which you access or use, the App) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.
Subject to the following sections, you may retrieve and display content from the App on a computer or mobile device and store the App in electronic form incidentally in the normal course of use of your browser or mobile device. Additional terms may also apply to certain features, parts or content of the App and, where they apply, will be displayed on-screen or accessible via a link.
What you are not allowed to do
Except to the extent expressly set out in this EULA, you are not allowed to:
- republish, redistribute or re-transmit the App;
- copy or store the App other than for your use as permitted by these terms and conditions and as may occur incidentally in the normal course of use of your browser or mobile device;
- store the App on a server or other storage device connected to a network or create a database by systematically downloading and storing any data other than Member Content from the App;
- remove or change any content of the App other than Member Content or attempt to circumvent security or interfere with the proper working of the App or any servers on which it is hosted;
- use the App in a way that might damage our name or reputation or that of any of our affiliates; or
- otherwise do anything that it is not expressly permitted by this EULA.
All rights granted to you under this EULA will terminate immediately in the event that you are in breach of any of them.
To do anything with the App that is not expressly permitted by this EULA, you will need a separate licence from us. Please contact us, using the Contacting us details at the end of this EULA.
Intellectual property rights
We license, but do not sell, to you the App you download. We remain the owners of the App at all times.
All intellectual property rights in the App and in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos), other than Member Content, are owned by us or our licensors. Except as expressly set out here, nothing in this EULA gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the App or any content from the App.
The App may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software's source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software). Please note that, to the extent that the App contains any Open Source Software, that element only is licensed to you under the relevant licence terms of the applicable third party licensor (Open Source Licence Terms) and not under this EULA, and you accept and agree to be bound by such Open Source Licence Terms. A copy of the source code for any Open Source Software contained in the App and the relevant Open Source Licence Terms will be made available to you upon request.
The App allows you to submit member-generated content (Member Content) and may also allow you to communicate that content, either to selected recipients or to House members in public or semi-public areas (Member Content Areas). We do not control Member Content submitted, nor are Member Content Areas actively moderated. You are solely responsible for Member Content as submitted by you and acknowledge that all Member Content expresses the views of its respective authors, and not our views.
If you submit any Member Content, you must:
- keep it relevant to the purpose of the Member Content Area to which you submit it and the nature of any topic;
- not submit any Member Content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
- not submit any Member Content that contains any viruses and/or other code that has contaminating or destructive elements; and
- not impersonate, or misrepresent an affiliation with, any person or entity.
You agree that, by submitting any Member Content, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Member Content (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such Member Content.
Whilst we do not pre-screen Member Content, we reserve the right, in our sole discretion, to delete, edit or modify any Member Content submitted by you and/or to close any discussion topic, at any time without notice to you. Complaints about the content of any Member Content must be sent to firstname.lastname@example.org and must contain details of the specific Member Content giving rise to the complaint.
Third party platform providers and application stores
Certain third party platform providers with whose devices and/or operating systems the App have been designed to be compatible oblige us to include certain additional provisions in this EULA. These are set out at the end of this EULA under Additional third party terms. These provisions come from the relevant third party platform providers, not us.
Third party application stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download the App. We are not responsible for these stores or (with the exception of the App) for anything provided by them and do not guarantee that they will be continuously available.
Functionality and content
The App is made available free of charge and you agree that downloading, accessing and use of the App is on an 'as is' and 'as available' basis and at your sole risk.
We reserve the right to change the design, features and/or functionality of the App by making the updated App available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download any updated App, but we may cease to provide and/or update content to prior versions of the App and, depending on the nature of the update, in some circumstances you may not be able to continue using the App until you have downloaded the updated version.
Where the App makes content available, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and/or update content to the App, with or without notice to you, if we need to do so for security, legal or, unless that content is part of a subscription you have paid for, any other reasons.
Whilst we try to make sure that content made available by the App consisting of information of which we are the source is correct, you acknowledge that the App may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information made available by the App is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information. Except as expressly set out in this EULA, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the App and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the App.
We cannot and do not guarantee that the App or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the App and its content.
Your personal information
Use of your personal information submitted to us is governed by our Privacy and Cookies Policy. Additionally, by using the App, you acknowledge that internet transmissions are never completely private or secure and that it is always possible that any message or information you send using the App may be read or intercepted by others.
The App may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
Nothing in this EULA shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
- for any other liability that, by law, may not be limited or excluded.
Subject to this, if you are a consumer and not a business user, in no event shall we be liable to you for any business losses , and if you are a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.
You acknowledge and agree that:
- we shall not be responsible for any act or omission of a Service Provider;
- we do not endorse the goods or services made available by a Service Provider;
- we do not warrant or represent that any quotes or tariffs you receive from Service Provider using the App will be cheaper than could be obtained by any other means;
- any information appearing on the App in relation to a given Service Provider (including tariffs and/or estimates) is provided by the Service Provider concerned and is the responsibility of that Service Provider, not us;
- if you choose to purchase a Utility Service from a Service Provider:
- that will be on the basis of a contract between you and the Service Provider alone, on the terms agreed between you and the Service Provider; and
- we shall not be a party to that contract and neither shall we be responsible in any way for the performance of that contract by the Service Provider or for the quality or safety of any Utility Services sold by the Service Provider; and
- in the event of a problem with any Utility Service, all billing and payments queries should in the first instance be directed to us by contacting us at email@example.com, although we reserve the right to ask you to contact the Service Provider directly should this, in our opinion be necessary, and any technical or service disruption should be directed to the Service Provider concerned.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
You may not transfer or assign any or all of your rights or obligations under this EULA.
All notices given by you to us must be given in writing to the address set out at the end of this EULA.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of this EULA is found to be unenforceable, all other provisions shall remain unaffected.
These terms and conditions may not be varied except with our express written consent.
These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on the terms of this EULA may be concluded in the English language only and that no public filing requirements apply.
These terms and conditions shall be governed by English law. You agree that any dispute between you and us regarding them or the App will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
The European Online Dispute Resolution platform](http://ec.europa.eu/consumers/odr/) provides information about alternative dispute resolution which may be of interest.
Please submit any questions you have about this EULA or any complaint or concern in relation to the App by email to firstname.lastname@example.org or write to us at: Stapleton House, 2nd Floor, 110 Clifton Street, London, EC2A 4HT
Additional terms from third party platform providers
If the App that you download, access and/or use runs on Apple's iOS operating system:
the App may only be accessed and used on a device owned or controlled by you and using Apple's iOS operating system, and only in accordance with Apple's usage rules published in its App Store terms of service;
you acknowledge and agree that:
Apple has no obligation at all to provide any support or maintenance services in relation to the App. If you have any maintenance or support questions in relation to the App, please contact us, not Apple, using the Contacting us details in these terms;
except as otherwise expressly set out in these terms, any claims relating to the possession or use of the App are between you and us (and not between you, or anyone else, and Apple);
in the event of any claim by a third party that your possession or use (in accordance with these terms) of the App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and although these terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;
you represent and warrant that:
you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country; and
you are not listed on any United States Government list of prohibited or restricted parties; and
if the App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content.