Terms and conditions of use
1.1 These terms and conditions govern your use of our website and mobile application.
1.2 By accessing or using the What's Happening Aberdeen website, the What's Happening Aberdeen service, or any applications (including mobile applications) made available by What's Happening Aberdeen (together, the “Service”), however accessed, you accept these terms and conditions of use in full; accordingly, if you disagree with these terms and conditions of use or any part of these terms and conditions of use, you must not use the Service. The Service is owned or controlled by Your City App Ltd. (“Provider”). These terms and conditions represent contractual document intervened between the Provider and the users who are using and accessing What's Happening Aberdeen.
1.3 If you register with the Service, submit any material to the Service or use any part of the Service, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use the Service; and by using the Service or agreeing to these terms and conditions of use, you warrant and represent to us that you are at least 18 years of age.
2. Intellectual property rights
2.1 Intellectual property rights are all intangible rights, such as copyright, know-how, database rights, design rights, model rights, patents, trademarks and domain name registrations.
2.2 The Service is protected by international conventions and national law on copyright as well as international trade provisions.
2.3 All content, including graphic layout, text, images, logos, illustrations, graphics, audio or video clips are parts of the trademarks, service marks, copyright and/or other intellectual property rights or parts of the licenses held by the Provider or his partners or other third parties who have licensed their materials to the Provider.
2.4 Logos, names of goods and service as well as offers that belong to collaborators of the Provider are the property of the respective owners and they have full rights and obligations on them.
2.5 Subject to the express provisions of these terms and conditions:
(a) the Provider, together with its licensors, own and control all the copyright and other intellectual property rights in the Service and the material on the Service;
(b) all the copyright and other intellectual property rights in the Service and the material on the Service are reserved.
2.6 By accessing the Service, the user of the Service agrees to protect, to ensure, to defend and to consider the Provider not liable for any losses, expenses, damages and costs resulting from their failure to follow these Terms and conditions of use.
2.7 If the user of the Service notices or believes that any material on the Service, published by the Provider or by someone else, violates copyrights or any other rights, they may contact the Provider at the email address email@example.com.
3. Licence to use the Service
3.1 You may:
(a) view pages from the Service
(b) download pages from our website;
(c) print pages from our website;
(d) stream audio and video files from the Service
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions of use, you must not download any material from the Service or save any such material to your computer.
3.3 You may only use the Service for your own personal and business purposes, and you must not use the Service for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, the user of the Service cannot copy, reproduce, modify, distribute, transmit, transfer or create derivative works from the content of the Service without direct written permission from the Provider.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from the Service including republication on another website;
(b) sell, rent or sub-license material from the Service;
(d) exploit material from the Service for a commercial purpose; or
(e) redistribute material from the Service.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
3.7 We reserve the right to restrict access to areas of the Service, or indeed the whole Service, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Service.
3.8 Don’t misuse the Service. For example, don’t interfere with the Service or try to access it using a method other than the interface and the instructions that we provide. You may use the Service only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing the Service to you if you do not comply with our Terms and conditions of use or Policies or if we are investigating suspected misconduct.
3.9 Using the Service does not give you ownership of any intellectual property rights in the Service or the content you access. You may not use content from the Service unless you obtain permission from its owner or are otherwise permitted by law. These Terms and conditions of use do not grant you the right to use any branding or logos used in the Service. Don’t remove, obscure, or alter any legal notices displayed in the Service.
3.10 The contents displayed in the Service are the sole responsibility of the entity that makes them available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
3.11 In connection with your use of the Service, we may send you announcements, administrative messages, and other information. You may opt out of some of those communications.
3.12 Do not use the Service available on mobile devices in a way that distracts you and prevents you from obeying traffic or safety laws.
4. Acceptable use
4.1 You must not:
(a) use the Service in any way or take any action that causes, or may cause, damage to the Service or impairment of the performance, availability or accessibility of the Service. For example, don’t interfere with the Service or try to access it using a method other than the interface and the instructions that we provide;
(b) use the Service in any way that is unlawful, illegal, fraudulent, harmful, threatening, abusive, harassing, defamatory, pornographic, privacy invasive or affecting the minors in any way, or in connection with any purpose or activity that is unlawful, illegal, fraudulent or harmful, threatening, abusive, harassing, defamatory, pornographic, privacy invasive or affecting the minors in any way;
(c) use the Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) create and send unsolicited emails to any other users of the Platform or applications that derive from it (“SPAM");
(e) conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to the Service without our express written consent;
(f) access or otherwise interact with the Service using any robot, spider or other automated means;
(g) violate the directives set out in the robots.txt file for the Service;
(h) use data collected from the Service for any direct marketing activity including without limitation email marketing, SMS marketing, telemarketing and direct mailing.
(i) register in the Platform, within the ‘Events’ feature, content which represents promotions, offers, service or products or any kind. This type of content must be published within features such as; ‘Offers’, ‘Promotions’, ‘Menu’ or ‘Products’.
(j) introduce in the Platform content which includes private information or identifies a third party without its express consent.
(k) to modify, to adapt or to exploit the security of the Platform, as well as to modify another website in order to induce false impression that is associated with What's Happening Aberdeen.
4.2 You must ensure that all the information you supply to us through the Service, or in relation to the Service, is true, accurate, current, complete and non-misleading.
5. Use on behalf of organisation
5.1 If you use the Service or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organisational project,
to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity unless the context requires otherwise.
6. Permissions & Responsibilities
6.1 The users of the Service are directly responsible for:
(a) any content that they enter via the Service;
(b) sharing the profile, which they were granted an What's Happening Aberdeen user account, with other Platform users;
(c) all activities within the Platform, such as creating, editing, modifying or deleting content, that are made under their username. The Provider reserves the right to intervene on such content, amending it in case the terms set out in this document are not met;
6.2 The users of the Services will not be able to access the Platform unless accepting these Terms and conditions of use.
6.3 The user of the Service agrees that the Provider can forward content created and edited by them to a third web or mobile applications.
7. About Software in the Service
7.1 When a service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some services may let you adjust your automatic update settings.
7.2 What's Happening Aberdeen gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by the Provider as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Service, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of the Service or included software, nor may you attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
7.3 Open source software is important to us. Some software used in the Service may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
8. Modifying and Terminating the Service
8.1 We are constantly changing and improving the Service. We may add or remove functionalities or features and we may suspend or stop a part of the Service.
8.2 You can stop using the Service at any time, although we’ll be sorry to see you go. We may also stop providing the Service to you, or add or create new limits to the Services at any time.
8.3 We believe that you own your data and preserving your access to such data is important. If we discontinue a part of the Service, where reasonably possible, we will give you reasonable notice so that you can retrieve your information out of that part of the Service.
9. Registration and accounts
9.1 To be eligible for an individual account on the Service under this Section 6, you must be at least 18 years of age and resident in the United Kingdom.
9.2 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
9.3 You must not use any other person's account to access the Service, unless you have that person's express permission to do so.
10. User IDs and passwords
10.1 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 16; you must not use your account or user ID for or in connection with the impersonation of any person.
10.2 You must keep your password confidential.
10.3 You must notify us in writing immediately if you become aware of any disclosure of your password.
10.4 You are responsible for any activity on the Service arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
11. Business User Account
11.1 You may submit a Business User Account to the Service via our website.
11.2 Business User Accounts submissions include the following benefits: Business profile published in the Service, promotions and events published in the Service for the period specified on the submission.
11.3 If you have a Business User Account, we display your profile name, profile photo, locations, offers, events and other actions you take on the Service, including displaying in adds and other commercial contexts.
11.4 If we accept a Business User Account submission, it will remain published on the Service for the relevant period specified on the subscription, subject to termination or deletion in accordance with these terms and conditions of use.
11.5 For the avoidance of doubt, your Business User Account submissions constitute "your content" for the purposes of Section 15 and Section 16, and must comply with the acceptable use rules set out in Section 4.
11.6 You must keep your Business User Account submissions up to date using the Service interface.
12. Cancellation and suspension of Business User Account
12.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions of use, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.
12.2 You may cancel your Business User Account on the Service prior to the end of the term/period of the submission. You will not be entitled to any refund if you cancel your account in accordance with this Section 12.2.
12.3 Prior to the end of the term/period of the subscription the user will be notified that their subscription is coming to an end. If the user wishes to extend their subscription to a further term/period they will be able to do it by login in to the Service to renew their subscrition. If the term/period of the subscrition comes to an end and the user doesn't renew the subscrition the Business User Account will be cancelled.
12.4 If you cancel you Business User Account within 14 days of the date of the submission of that account you may be entitled to a refund. You will be charged an administrative fee of £25.00 exclusive of VAT plus any other costs incurred by any third parties so that we can process the refund.
13. Prohibited directory submissions
13.1 Without prejudice to our other rights under these terms and conditions of use, we reserve the right to reject or delete Business User Account submissions that breach these terms and conditions of use.
13.2 If we reject or delete a Business User Account submission in accordance with this Section 13, we will not refund any applicable charges.
14.1 The fees in respect of the Service will be as set out on the Service from time to time.
14.2 All amounts stated in these terms and conditions or on the Server are stated exclusive of VAT.
14.3 You must pay to us the fees in respect of the Service in advance, in cleared funds, in accordance with any instructions on the Server.
14.4 We may vary fees from time to time by posting new fees on the Service, but this will not affect fees for the Service that have been previously paid.
14.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
14.6 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back including charges made by our or your bank or payment processor or card issuer;
(c) an administration fee of GBP 25.00 exclusive of VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 14.6 including without limitation legal fees and debt collection fees,
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 14.6.
14.7 If you owe us any amount under or relating to these terms and conditions of use, we may suspend or withdraw the provision of services to you.
14.8 The fees and payment method are specified in the order:
(a) order is the electronic document (email, invoice, etc.) that comes as form of communication between the Provider and the Business User Account, whereby the Business User Account expresses its intention to purchase a Business User Account from the Provider.;
(b) Business User Account payment will be made at the beginning of each period/term for which the user of the Service chooses to use the Business User Account;
(c) payment is based on the invoice issued by the Provider;
(d) after payment confirmation of invoice, the Provider shall issue and send the appropriate receipt, which is the confirmation of purchase account for the time specified in the invoice,
(e) the user of the Service is obliged to provide all necessary information for invoicing in accordance with the law.
15. Your content: licence
15.1 In these terms and conditions, "your content" means all works and materials including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files that you submit to the Service for storage or publication on, processing by, or transmission via, the Service.
15.2 You grant to the Provider a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content on and in relation to this Service and any successor Service.
15.3 You grant to the Provider the right to sub-license the rights licensed under Section 15.2.
15.4 You grant to the Provider the right to bring an action for infringement of the rights licensed under Section 15.2.
15.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
15.6 You may edit your content to the extent permitted using the editing functionality made available on the Service.
15.7 In some components of the Service, there are terms or settings that narrow the scope of our use of the content submitted in those components of the Service. Make sure you have the necessary rights to grant us this license for any content that you submit to the Services.
15.8 Without prejudice to our other rights under these terms and conditions of use, if you breach any provision of these terms and conditions of use in any way, or if we reasonably suspect that you have breached these terms and conditions of use in any way, we may delete, unpublish or edit any or all of your content.
15.9 Our automated systems analyses your content (including emails) to provide you personally relevant product features, such as customised search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
15.10 You can find more information about how the Service uses and stores content in our Privacy and cookies policy. If you submit feedback or suggestions about the Service, we may use your feedback or suggestions without obligation to you.
16. Your content: rules
16.1 You warrant and represent that your content will comply with these terms and conditions.
16.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person in each case in any jurisdiction and under any applicable law.
16.3 Your content, and the use of your content by the Provider in accordance with these terms and conditions of use, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence
(m) be pornographic, lewd, suggestive or sexually explicit
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
(r) cause annoyance, inconvenience or needless anxiety to any person.
16.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
16.5 You must not use the Service to link to any website or web page consisting of or containing material that would, were it posted on the Service, breach the provisions of these terms and conditions.
16.6 You must not submit to the Service any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
17. Report abuse
17.1 If you learn of any unlawful material or activity on the Service, or any material or activity that breaches these terms and conditions, please let us know.
17.2 You can let us know by email to firstname.lastname@example.org
18. Limited warranties
18.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on the Service;
(b) that the material on the Service is up to date; or
(c) that the Service or any features on the Service will remain available.
18.2 We reserve the right to discontinue or alter any or all of the Service, and to stop publishing the Service, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of the Service, or if we stop publishing the Service.
18.3 To the maximum extent permitted by applicable law and subject to Section 19.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions of use, the Service and the use of the Service.
18.4 Other than as expressly set out in these Terms and conditions of use, neither the Provider nor its suppliers or distributors make any specific promises about the Service. For example, we don’t make any commitments about the content within the Service, the specific functions of the Service or their reliability, availability or ability to meet your needs. We provide the Service “AS IS”.
19. Limitations and exclusions of liability
19.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
19.2 The limitations and exclusions of liability set out in this Section 19 and elsewhere in these terms and conditions:
(a) are subject to Section 19.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort including negligence and for breach of statutory duty.
19.3 To the extent that the Service and the information on the Service are provided free of charge, we will not be liable for any loss or damage of any nature.
19.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
19.5 We will not be liable to you in respect of any business losses, including without limitation loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
19.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
19.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
19.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Service or these terms and conditions of use.
19.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of the total amount paid and payable to us under the contract.
19.10 We will not be liable to you for damages of any kind, which you or any third party may suffer as a result of the fulfilment by us of any of our obligations under these Terms and conditions of use.
19.11 We will not be liable if the subcontractors and/or his partners of any kind, do not fulfil any of their contractual obligations.
20.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute incurred or suffered by us and arising directly or indirectly out of:
(a) any breach by you of any provision of these terms and conditions; or
(b) your use of the service.
21. Breaches of these terms and conditions
21.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the Service;
(c) permanently prohibit you from accessing the Service;
(d) block computers using your IP address from accessing the Service;
(e) contact any or all your internet service providers and request that they block your access to the Service;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on the Service.
21.2 Where we suspend or prohibit or block your access to the Service or a part of the Service, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.
22. Third party websites
22.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
22.2 We have no control over third party websites and their contents, and subject to Section 19.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
23. Trade marks
23.1 Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
23.2 The third party registered and unregistered trade marks or service marks on the Service are the property of their respective owners and, unless stated otherwise in these terms and conditions of use, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
24.1 From time to time we may run competitions, free prize draws and/or other promotions on the Service.
24.2 Competitions might be subject to separate terms and conditions which we will make available to you as appropriate.
25.1 We may revise these terms and conditions of use from time to time.
25.2 The revised Terms and conditions of use will not apply retroactively and will become effective no sooner than 10 days after they are posted. However, changes addressing new functions for the Service or changes made for legal reasons will be effective from the date of their publication and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions of use.
25.3 If you do not agree to the revised terms and conditions you must stop using the Service.
25.4 If there is a conflict between these Terms and conditions and any amended terms, the amended terms will apply.
25.5 These Terms and conditions of use control the relationship between the Provider and you. They do not create any third party beneficiary rights.
25.6 If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have, such as taking action in the future.
26.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
26.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
27.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
27.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
28. Third party rights
28.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
28.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
29. Entire agreement
29.1 Subject to Section 19.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of the Service and supersede all previous agreements between you and us in relation to your use of the Service.
30. Law and jurisdiction
30.1 These terms and conditions shall be governed by and construed in accordance with UK and Scottish law.
30.2 Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of Scotland.
31. Statutory and regulatory disclosures
31.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on the Service. We recommend that you consider saving a copy of these terms and conditions for future reference.
31.2 These terms and conditions are available in the English language only.
32. Our details
32.1 The Service is owned and operated by Your City App Ltd.
32.2 We are registered in Scotland under registration number 523721, and our registered office is located at unit 2, 15 Lotland Street, Inverness, Scotland, IV1 1ST.
32.3 You can contact us by email to email@example.com.