Publication date: 10.08.2013
Internet address: http://bzreminder.com/terms-or-service.html
1.2. The mobile application called "BZ Reminder" in English ("Application") is a program that can be purchased through Google Play Store and Apple App Store under the terms and conditions of this Agreement and agreements with Google Play Store and Apple App Store. Name of the Application is defined in the Agreement in English, it can be translated into other languages without amendments to this Agreement and will be regarded as corresponding name of the Application without any amendments to this Agreement as accepted by User.
1.3. The Application is a software program for mobile operating systems Android and Apple iOS that has following features:
The Application is designed for mobile devices operating under Android and Apple iOS operating systems.
1.4. The Agreement is a public offer from the Developer to the User on providing the right of use of the Application by the Developer to the User free of charge on the terms as set out in the Agreement, including the procedure and conditions of providing the right of use of the Application, and rights and obligations of the Parties arising in connection with this Agreement.
1.5. The act of downloading of the Application for Android and Apple iOS operating systems by the User through Google Play Store and Apple App Store where the Application is available, and through these vendors only, is regarded as an acceptance of this Agreement. The term "downloading" means saving and installing the software program which is the Application to a mobile device by clicking the button "buy", "install", "download" or "open" according to the terms and conditions of Google Play Store and Apple App Store.
1.6. The rights of intellectual property (copyright) to the Application called "BZ Reminder" in English are protected in conformity with the United Kingdom Legislation Law System.
1.7. The Developer owns the copyright to the Application logo which is registered by the Agency for Intellectual Property under the United Kingdom Legislation Law System.
1.8. Installation of the Application by the User to a mobile device is regarded as a confirmation that the user is an able and legally capable person under the United Kingdom Legislation Law System, and as a confirmation of reliability of the User data, which includes and acceptance by the User of their responsibility for reliability and completeness of the data provided.
1.9. Installation of the Application on a mobile device by the User is regarded as an acceptance (a response of the person, addressed by the public offer, constituting full and unconditional acceptance of its terms and conditions) of this Agreement and agreement of the User with its terms and conditions in accordance with the terms and conditions of the Agreement in conformity with the United Kingdom Legislation Law System.
1.10. Suggestions, complaints, claims by individuals and/or legal entities to the Developer regarding operation and content of the Application, third parties’ rights or interests infringement, violation of the legal requirements of the United Kingdom Legislation Law System, as well as other persons’ may be sent by e-mail to: email@example.com.
1.11. The Application may be used by the User only for their own non-commercial purposes and for their personal needs.
2.1. The User undertakes to meet conditions of the Agreement.
2.2. The User is responsible to ensure that their personal data stored in their account, included, but not limited to password, e-mail address, profile details and other account data, and carry the full responsibility on their disclosure by any means, and is liable for any risks and losses incurred in consequence of breaking this obligation. In accordance with terms and conditions of the Agreement and the United Kingdom Legislation Law System, the User bears full responsibility for disclosure of account data by the User, which constitutes a substantial breach of the Agreement.
2.3. The User has the full responsibility for all the actions and/or omissions that occur under their account or password, and for all the actions and/or omissions that occur using their mobile device to which the Application is installed. The User undertakes to take promptly all the possible measures related to safety of access to their account data including the use of anti-virus devices and programs. In case the User fails to comply with this obligation, the User bears the full responsibility on their own for ll the actions and/or omissions that occur under their account or password. In order to carry out a check, the account may be blocked by the Developer.
2.4. The User undertakes not to use the Application for any purposes not contained in the present Agreement.
2.5. In their use of the Application the User assumes the obligation not to misinform other users and/or third parties by their actions and/or omissions, including by leaving comments of such nature through Google Play Store and Apple App Store on Android and Apple iOS operating systems.
2.6. The User shall be obliged to not to use the Application for sending mailouts with advertisements, promotions and other similar information, including spam messages, without written consent of the Developer and final recipients of such information.
2.7. The User undertakes not to make deals and not to initiate transactions or public offers, and not to express any intentions of a private law or of any other character through the Application concerning any goods or services, and/or objects of intellectual property regardless of their form of property and form of legal incorporation of the entity.
2.8. The User agrees not to use the Application in violation of the rights and lawful interests of third persons, home network subscribers, network operators, the Developer, and in violation of the United Kingdom Legislation Law System, including, but not limited to: not to publish through the Application materials containing offensive statements, defamation, profane language, pornographic materials and other materials contrary to morality, materials demonstrating or promoting cruelty, terror or violence, racism, offensive of dignity, and other materials contradicting the United Kingdom Legislation Law System, and links to internet sites and other resources containing such materials; not to publish any information and materials that contain or may contain threats, discredit or offend other users and third parties, are fraudulent, affect private and public interests, incite religious or ethnic hatred or enmity, and any other information in violation of human and civic rights protected under the United Kingdom Legislation Law System; not to promote advocation of, or agitation to social, racial, national, or religious hatred and enmity, hatred or contempt on the basis of sexual orientation, not to promote war propaganda, social, racial, national, religious or language superiority; not to describe or promote criminal activity and/or other actions in breach of the United Kingdom Legislation Law System; not to publish or transmit through the Application any confidential information (restricted access data), if the User is not authorized to implement such activity; not to distribute through the Application spam, chain-letters (messages that attempt to convince the recipient to make a number of copies of the letter and then pass them onto one or more recipients), pyramid investment schemes or other such fraudulent schemes and calls to participate in them, and any other obtrusive information; not to publish through the Application messages, graphics images, photographs or any other materials that are liable or may be liable to prejudice honor, dignity and business reputation of a private individual, or to prejudice reputation of a legal entity; not to publish through the Application personal data on third persons, including home addresses, telephone numbers, e-mail addresses, passport data, and any other private information of other users or other individuals without their prior consent; not to publish through the Application objects of intellectual property, which include musical works with or without lyrics, literary works, paintings, graphics, design, audiovisual works, computer software programs, photographic works, online content, phonograms, performance audio recordings and other similar objects of intellectual property right and related rights which may be presented in interactive form ("Content"), to which the User does not have the right of use; not to publish trough the Application Content containing images of private persons without prior consent of those persons save the cases provided by the United Kingdom Legislation Law System.
2.9. The User is entitled to download copyrighted or proprietary materials from the Application only for their private, non-commercial use.
2.10. The User has no right to make any changes, to publish, to pass to third parties, to sell or to transfer, to create derivative works from the Application or to use the Application content fully or partially in any other way without a written permission from the Developer. The User is informed that such actions constitute a violation of proprietary rights of the Developer and make the user accountable for violation of the copyright under the United Kingdom Legislation Law System.
2.11. Reproduction, distribution, transfer to third parties, publication or any other commercial use of the materials downloaded through the Application are not allowed without a written permission from the Developer. In case of obtaining a permission for reproduction, distribution, publication or any other use of the materials of the Application from the Developer, such reproduction, distribution, publication or any other use is allowed only under condition of written coordination with the Developer of conditions and procedures of such reproduction, distribution, publication or any other use, purposes of such actions provided that the name of the Developer and/or their trademark is mentioned.
2.12. The Developer has the right to inform the User about functions of the Application, its updates, changes and any activities related to the technical side of its operation in any form, including, but not restricted to news, advertisements and any other messages internal to the Application in conformity with the United Kingdom Legislation Law System.
2.13. The Developer has the right to edit and/or delete materials, information, if these do not conform to the United Kingdom Legislation Law System and conditions of this Agreement and/or harm or can harm the Developer or third parties, including harming reputation of the Developer.
2.14. The Developer has the right to transfer the rights and liabilities under this Agreement to third parties, with the goal of fulfilling the Agreement, without additional consent of the User.
2.15. The Developer has the right to collect and use technical data and related information, such as technical data on external devices, including software programs, operating system and applications installed on the device used by the User. The objective of regularly gathering this data is to simplify providing of Application software updates, technical support and services (if there are any) related to the Application to the User. The developer has the right to use this data with the view of improving their products and providing their services and technologies to the User.
2.16. The Developer has the right to modify, edit or remove fully or partially any content of the Application or any other of its elements at their full discretion, which does not require consent of the User or any third parties.
2.17. The Developer has the right to publish promotion materials in the Application at their full discretion without any prior or subsequent coordination with the User, without providing the User with any reasons or any other information regarding the advertisements published.
2.18. The Developer reserves the right to deny publishing of advertisements, including without providing reasons; the Developer does not publish promotion materials contrary to moral norms and the United Kingdom Legislation Law System.
3.1. For the purposes of this Agreement and for the period of its validity the Developer provides the User with a non-exclusive right (non-exclusive license) to access and use the Application free of charge on mobile devices as follows:
3.3. A license to the Application is indivisible.
3.4. A license is limited to the United Kingdom Legislation territory.
3.5. This Agreement does not grant the User with rights to the following:
3.6. Any actions and/or omissions aimed at violating copyright makes the User liable according to the United Kingdom Legislation Law System.
4.1. The Developer provides the User with the right of use of the content available through the Application by viewing, and its use for their personal non-commercial purposes free of charge under the terms of this Agreement.
4.2. According to the terms of the Agreement the User has the right to register to the Application (in order to use it) or to use it without registration. Registration to the Application is not obligatory. The User has to register to the Application in order to send reminders and any other information they may enter to the server indicated in this Agreement for security of that data. Registration is necessary only to synchronize user data and its use in accordance with the provisions of the Agreement.
4.3. There are two following ways for the User to get registered in the Application:
4.3.1. Common registration, which requires the User to type their e-mail in the form provided and their name (the field is not obligatory, the User may type anything instead of their proper e-mail, at the same time they carry the responsibility for contact information they provide and/or any consequences following an absence of means to communicate through e-mail). A letter with a password generated by the system is sent to the e-mail provided, it is not the User who provides a password. If the user wishes to change the password, they can send an e-mail to firstname.lastname@example.org with a request to that intent.
4.4. In cases where a violation of the provisions of Agreement by the User has been detected, such as irregular use of the Application, content copying, copyright violation or any other violation of the terms and conditions of the Application use, the Developer has the right to block the use of the Application by the User without explanation. In case the Developer harms third parties or other users by this block, the User is to reimburse for all the losses and damages to injured parties, including the Developer.
4.5. The Developer has the right to carry out maintenance on the Application temporarily suspending any use of and access to the Application, if the Developer informs the User about such works no later than 12 (twelve) hours before the suspension of the Application is planned.
4.6. During the validity period of the present Agreement the Developer undertakes to make all efforts to correct any and all the errors or failures, when they do occur, as soon as possible. With this, the Developer does not guarantee complete absence of errors and fails, including in the Application software operation.
5.1. During the validity period of the present Agreement the Developer undertakes not to use the information received under this Agreement for any purposes directly or indirectly harming the User and/or to gain any benefits or advantages.
5.2. Information categorized as public under the United Kingdom Legislation Law System, and information for which disclosure the User is held accountable, is not treated as confidential.
5.3. The User agrees to provide information necessary to access the Application without requesting to sign any additional agreements, including confidentiality agreements.
5.4. The Developer is obliged to maintain confidentiality of all the information received from the User and from persons the User authorizes, the confidentiality of personal data of the User, save for cases provided for by the United Kingdom Legislation Law System and by present Agreement.
5.5. All the personal data of the User provided by them when using the Application is stored in the Internet on the https://aws.amazon.com/ server, therefore its processing, collection, systematization, accumulation, storage, specification (updating, change), distribution (including transfer), depersonalization, blocking and its deconstruction are subject to the rules of use of the above-noted server available at http://aws.amazon.com/ru/agreement/. The Developer is not liable for acts or omissions of this internet-based resource regarding processing, collection, systematization, accumulation, storage, specification (updating, change), distribution (including transfer), depersonalization, blocking and deconstruction of the personal data of the User by this internet-based resource.
5.6. Accepting this Agreement, the User confirms that he is familiar with the rules of the internet-based resource https://aws.amazon.com/ where their personal data is stored, including, but not limited to the rules concerning processing, collection, systematization, accumulation, storage, specification (updating, change), distribution (including transfer), depersonalization, blocking and deconstruction of personal data of the User by the above-mentioned internet-based resource available at http://aws.amazon.com/ru/agreement/.
5.7. By accepting this Agreement the User confirms that they are familiar with all the terms and conditions of the https://aws.amazon.com/ resource available at https://aws.amazon.com/ru/legal/.
5.8. The Developer does not take any responsibility for the User not being familiar with provisions 5.6.-5.8. of this Agreement.
6.1. The Developer is not responsible for any errors, omissions, interruptions, deletions, delays in operation or transmission, communication lines failure, theft or destruction of unauthorized access to materials submitted by the User to the Application or anywhere else.
6.2. The Developer is not in any way liable for availability or quality of the internet access of the User, for availability or quality of devices and software for internet access. The developer bears no responsibility for any failures or other malfunctions of computer systems, servers or providers, computer hardware or telephone devices, software programs, e-mail services or scripts (programs) for any reason.
6.3. The Developer is not responsible for any for any technical failures or other malfunctions of telephone networks or other services, computer systems, servers or providers, computer hardware or telephone devices, software programs, e-mail services or scripts (programs) for technical reasons.
6.4. The Developer assumes no responsibility in cases the mobile device or computer of the User is harmed or third parties suffer harm, mobile devices, other hardware and/or software are harmed caused by or related with downloading of materials from the Application or through the links from the Application.
6.5. The Developer is not responsible in case an operation system on a mobile device of the User is harmed including, but not limited to cases when a modified operating system not officially approved for the mobile device is installed by the User.
6.6. The Developer assumes no responsibility in cases when the User installs and activates root rights on their device (mobile device) since the Application with access to these rights may effect correct operation of any other application installed on that device.
6.7. The Developer is not liable to the User and/or other third parties for any indirect, incidental or accidental damage, including loss of profits of loss of data, damage to honor, dignity and business reputation caused with the use of the Application, its content or any other materials accessed through the application, including cases where a warning or any other indication of possibility of such harm was present.
6.8. The User is responsible for placement of any content and/or of other information through the Application in any manner, for transmission to or distribution among other users or other persons of such information or content, and for any interactions with other users of the Application.
6.9. The Developer has a right to engage third parties in order to fulfill their obligations without prior or subsequent coordination with the User.
6.10. The User guarantees that they will not take any actions intended to harm the holder of the rights to the Application, the Developer, mobile cellular networks operators, right holders or any other persons.
6.12. If not proven otherwise, any actions made through their account and password are deemed to be done by the User personally. In case of unauthorized access to the account and password of the User or circulation of their login and password, the User must immediately notify the Developer in the appropriate manner and take all the measures necessary to stop such actions resulting from unauthorized use of their login and password by third parties.
6.13. Acknowledging international dimension of the Internet, the User undertakes the responsibility to confirm to all the laws and regulations relevant to use of the Internet.
6.14. The User is informed about and agrees that all the information, including personal data, which the User employs in the course of their use of the Application, are transmitted through the Internet over insecure communication channels, in view of which the Developer does not bear this responsibility.
6.15. Under this Agreement the total amount of liability of the Developer including penalty fees and/or reparations of losses concerning any suits or claims against the Application, this Agreement or its implementation is limited to 100 (one hundred) pounds.
6.16. If the User fails to comply with the terms of this Agreement, the Developer has the right to suspend Application access for the User until the User eliminates the made violations and covers losses, pays for damage, compensates the Developer for all the harm that followed such violations in full, and/or to terminate this Agreement sending an appropriate notice to the e-mail address provided by the User when they installed the Application, or sending it through their account or in any other way available. Upon termination of this Agreement on this ground the Developer has the right to sue the User for all the penalties, sanctions and other reparations in accordance with the United Kingdom Legislation Law System.
6.17. The Parties to the Agreement shall be exempted from responsibility for partial or full non-fulfillment of their obligations hereunder as a result of effect of the circumstances beyond the control of the Parties that the Parties could not foresee or prevent by reasonable measures. Insurmountable circumstances are external factors over which the Parties have no responsibility, including: acts of war, revolts, earthquakes, floods, other natural disasters, fires, power supply interruptions not involving fault of any of the Parties, decisions and acts of the state authorities enacted after concluding the Agreement and making it impossible to observe the conditions set out in the Agreement, and other unforeseen circumstances and developments beyond the control of the Parties, not limited to the list above.
6.18. The Developer is not responsible for any consequences following the User providing inaccurate and/or incomplete information. In case rights of third parties are violated by the User providing inaccurate and/or incomplete information, the User bears the full responsibility.
7.1. The Developer reserves the right to terminate the Agreement unilaterally in case the User violates the terms of the Agreement. The Developer notifies the User about termination of the Agreement by sending a letter to the e-mail address provided by the User when they installed the Application, or sending it through their account or in any other way available. The Agreement will be considered terminated as from the date specified in the notice of termination of the Agreement.
7.2. When resolving disputes between the Developer and the User, Parties apply the obligatory pre-trial complaint procedure. The time taken for claim assessment is limited to 30 (thirty) work days from the date of the submission of the claim. The claim may be submitted through an e-mail of a Party as set out in this public offer or through the registration form accordingly. The exceptions are the cases of unilateral refusal of the Developer to perform their obligations under the Agreement for the reasons of the User not meeting the terms of the Agreement or violating the United Kingdom Legislation Law System.
7.3. The Developer and the User agree that all the disputes not resolved through through the pre-trial complaint procedure, shall be determined in accordance with the United Kingdom Legislation Law System in a court, arbitrary court at the place of business of the Developer. The Agreement, its formation, execution, termination are regulated by the current United Kingdom Legislation Law System and this Agreement.
7.4. The Developer has the right to transfer their rights and responsibilities under this Agreement to third parties without prior consent of the User.
7.5. The rights to any form of results of the Application under this Agreement belong to the Developer, a transfer of the results of the Application by a User to a third party is possible only with the consent of the Developer.
7.6. This Agreement is subject to copyright. Its reproduction, in whole or in part, its distribution, use for any other purposes, except for the use of the Application, is prohibited. This Agreement is protected by the United Kingdom Legislation Law.
7.7. All the names of the parts of this Agreement are here solely for the convenience of using the text and shall not affect how the terms and conditions of the Agreement are interpreted.
7.8. If any term or condition of this Agreement is deemed or pronounced legally invalid, unlawful according to a court judgment or by any other regulation, this legal invalidation does not transfer to other terms and conditions of the Agreement and does not weaken them. The Parties shall takes upon themselves amendment, modification or addition to all or any of such legally invalid provisions for provisions that are valid and binding under the law, and which lead to economical performance closely approximated to those set out before, without renegotiating any substantial terms and conditions as set out in this Agreement.
7.9. Disputes arising under this Agreement or related to it, including disputes arising in relation to the interpretation of the Agreement, shall be settled in a court, arbitrary court at the place of business of the Developer.
7.10. This Agreement is subject to regulation and interpretation under the United Kingdom Legislation Law System. In all issues not provided for in the Agreement the Parties shall be governed by the United Kingdom Legislation Law System.
7.11. This Agreement enters into force since the day of its acceptance by the User and is in force until all the obligations of the Parties are met.
7.12. This Agreement can be modified by the Developer unilaterally without notifying the User or third parties. In case the Agreement is modified, the changes come into force the moment the changes are published on the Internet, if a different effective date is not stipulated in the text of the changes.
7.13. The User agrees and accepts that modification of the Agreement means modification of this accepted Agreement, and these changes come into force the moment the public offer is amended accordingly.
7.14. In case the Developer withdraws the public offer during the period of validity of the Agreement, the Agreement is considered to be terminated from the moment of revocation, if the Developer does not stipulate otherwise on their withdrawal of the public offer.
7.16. The User has the right to reject additions or modifications to the Agreement made by the Developer, which would mean the User discontinuing their use of the Application of the Developer and termination of the Agreement. The User shall notify the Developer about their abandonment of the use of the Application by sending their note to email@example.com via e-mail.
7.17. The Agreement shall enter into force for the User on the moment of installation of the Application to a mobile device. The Agreement remains in force indefinitely.