Terms of Service
This end-user licence agreement ("EULA") is a legal agreement between you ("End-user" or "you") and Jigsaw App Limited ("Jigsaw", "us" or "we") for the use of Jigsaw mobile application software ("App").
We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by Apple’s App store, Google’s Play Store or any other Appstore provider or operator ("Appstore") from whom the End-user downloaded the App ("Appstore Rules"). We do not sell the App to you. We remain the owners of the App at all times.
OPERATING SYSTEM REQUIREMENTS THIS APP REQUIRES A DEVICE WITH A MINIMUM OF 15MB OF MEMORY, INTERNET ACCESS AND THE APPLE OPERATING SYSTEM iOS 11 OR LATER OR THE ANDROID OPERATING SYSTEM 8.0 OREO OR LATER.
IMPORTANT NOTICE:
BY DOWNLOADING THE APP FROM THE APPSTORE YOU AGREE TO THE TERMS OF THE LICENCE WHICH WILL BIND YOU. THE TERMS OF THE LICENCE INCLUDE, IN PARTICULAR, THE TERMS OF USE, THE PRIVACY POLICY, AND THE COOKIE POLICY AS DEFINED IN CONDITION 1.5 AND LIMITATION OF LIABILITY IN CONDITION 7.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP OR PROVIDE THE SERVICES TO YOU AND YOU MUST UNINSTALL THE APP FROM YOUR DEVICE.
You should print a copy of this EULA for future reference.
AGREED TERMS
Acknowledgements
The terms of this EULA apply to the App or any of the services accessible through the App ("Services"), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
We may change these terms or the Services at any time by notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App or the Services.
From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
You will be assumed to have obtained permission from the owners of the mobile telephone or portable devices that are controlled, but not owned, by you ("Devices") 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. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Services on or in relation to any Device, whether or not it is owned by you.
The terms of our privacy policy and cookie policy from time to time, available at https://www.jigsaw.co/uk/privacy ("Jigsaw Policies") are incorporated into this EULA by reference and apply to all Services. Additionally, by using the App or any 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 any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Your use of the App and the Services is also subject to the Terms of Use which govern your interaction with others and the content you make available via the App.
By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our Services and to provide any Services to you. Our use of your data will be in accordance with our Privacy Policy which you can view here.
All Services, will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use the Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may withdraw this consent at any time by turning off the location services settings on your Devices.
Certain Services, will make use of push notifications to enhance your user experience of the Services and to alert you as to the various functions of the App. You can turn off this functionality at any time by deactivating these notifications in the settings within the App or on your Device.
The App or any Service may contain links to other independent third-party websites ("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 policies (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.
Eligibility
You must be 18 years of age or older to use the App or Services in any manner. By accepting these terms, you represent and warrant to Jigsaw that you: (i) are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by this EULA; (ii) will use the App in a manner consistent with any and all applicable laws and regulations; and (iii) have not been convicted of any criminal offence and are not required to register as a sex offender with any government authority.
Grant and Scope of License
In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Jigsaw Policies and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.
License restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the limited extent permitted by law.
to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
to include our copyright notice on all entire and partial copies you make of the App on any medium;
not to provide or otherwise make available the App in whole or in part (including object and source code), 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 any Service ("Technology").
together "Licence Restrictions".
Your Account and Password
In order to use the App and the Services you must first create an account. You can create an account using your mobile number. Upon creating an account without you will be required send a verification code. As part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these terms.
If you know or suspect that anyone other than you knows your user identification code or password you must promptly notify us at team@jigsaw.co
Intellectual Property Rights
You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.
You acknowledge that you have no right to have access to the App in source-code form.
Limitation of Liability
You acknowledge that the App 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 meet your requirements.
We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale 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 only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 10.4, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you this EULA.
Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £250. This does not apply to the types of loss set out in condition 10.5.
Nothing in this EULA shall limit or exclude our liability for:
death or personal injury resulting from our negligence;
fraud or fraudulent misrepresentation; and
any other liability that cannot be excluded or limited by English law.
Termination
Without prejudice to any right we have to terminate this EULA in accordance with condition 8, we may terminate this EULA immediately by written notice to you:
if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
if you breach any of the Licence Restrictions or the Acceptable Use Restrictions contained within the Terms of Use.
On termination for any reason:
all rights granted to you under this EULA shall cease;
you must immediately cease all activities authorised by this EULA, including your use of any Services; 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 and certify to us that you have done so.
Communication Between Us
If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to Jigsaw at PO Box 116, 19 Lever Street, Manchester, M1 1AN and team@jigsaw.co - we will confirm receipt of this by contacting you in writing by e-mail.
If we have to contact you or give you notice in writing, we will do so by e-mail.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks ("Event Outside Our Control").
If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
our obligations under this EULA 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 this EULA may be performed despite the Event Outside Our Control.
Other Important Terms
We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA and your personal data will continue to be dealt with according to our Privacy Policy.
You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under this EULA, 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.
Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
Please note that this EULA, its subject matter and its formation, are governed by the laws of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any dispute in relation to the App, the Services or this EULA, our Terms of Use or our Privacy Policy.