Last updated: May 29, 2023
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named Upd8All
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: England
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Upd8All Limited, Southfields Middleton Lane, Tamworth, B78 2BW.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, content, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Service refers to the Application.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Unless you are over the age of 16, you will require consent from Your parent or guardian prior to use the Service. The Company does not permit those under 16 to use the Service without a parent or guardian’s prior consent.
These Terms and Conditions of use refer to the following additional terms, which also apply to Your use of the Application and/or Service:
Our Privacy Policy which can be reviewed at: click here. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Our Disclaimer which can be reviewed at: click here , which sets out all disclaimers which apply when using the Application and/or Services.
Our End User Licence Agreement which can be reviewed at: click here.
The Service and its original content (excluding content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. We are the owner or the licensee of all intellectual property rights in relation to the Application and/or Service, and in the material published on it.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. All such rights are reserved.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
When You upload or post content to our Application and Service, You grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Application and across different media including to promote the Application or the Service to expire when the forever
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Application or any Services provided via, or in relation to, our Application. This includes using (or permitting, authorising or attempting the use of):
Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Application or any data, content, information or services accessed via the same.
Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
The content on our Application and/or any related Services provided for general information only. It is not intended to amount to advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Application and related Services.
Although we make reasonable efforts to update the information on our Application and related Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Application and related Services is accurate, complete or up to date
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Our Service may contain links to third-party web sites, advertising links or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites, advertising links or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly, or indirectly, for any damage, costs or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, or any purchases of goods or services available on or through any such web sites, advertising links or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites, advertising links or services that You visit or which You decide to purchase from.
This Application and related Services may include information and materials uploaded by other users of the Application and Services, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Application and Services do not represent our views or values
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 50 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose or for any liability arising from You breaching any terms of this Agreement.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
If you are a consumer user:
Please note that we only provide our Application and Services for domestic and private use. You agree not to use our Application and Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We are not responsible for viruses and you must not introduce them.
We do not guarantee that our Application and Service will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Application and Service. You should use Your own virus protection software.
You must not misuse our Application and Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Application and Service, the server on which our Application and Service is stored or any server, computer or database connected to our Application and Services. You must not attack our Application and Service via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Application and Service will cease immediately.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
The Company may transfer our rights and obligations under these Terms and Conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms and Conditions.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Application, the website and the Service.
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
We do not guarantee that our Application and/or Service, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Application and/or Service for business and operational reasons. We will try to give You reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Application and /or Service through Your internet connection and/o device are aware of these Terms and Conditions and other applicable terms and conditions, and that they comply with them.
If you have any questions about these Terms and Conditions, You can contact us: