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Terms & Conditions

All users, both registered and not registered ("User"), must carefully read the following Terms and Conditions (T's and C's) before accessing and using the Grapple website ("Site").

1. Acceptance of terms

Welcome to the Grapple Mobile Website. By accessing or using www.grapplemobile.com ("Site") you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions including our Privacy Policy.

2. About www.grapplemobile.com

Grapplemobile.com is the trading name of Grapple Mobile Limited, a company registered under the Companies Act in the UK with company number 07043006. Our registered office is 4th Floor, 51-53 Great Marlborough Street, London, W1F 7JT.

3. Service description

Grapple maintains this Site for your information, education and communication. There is a separate area on the Site for developers who are registered customers of Grapple ("Developer Portal area") and there is a section below which deals with the terms and conditions for the Developer Portal area.

4. Intellectual property

All the content on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the "Content") is the property of Grapple Mobile Limited, and is protected by United Kingdom and international copyright laws. The Content of the Site may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

5. Representations, warranties and limitation of liability

The Website is presented on an "as is" basis. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent that such representations and warranties are not excludable by law. The information displayed is of a general nature and is not intended to address your particular requirements or constituting any form of advice, recommendation or arrangement by us.

We make all reasonable efforts to ensure that the information on our Website is accurate and up to date. However, you should always independently check any information before you rely on it. We do not represent or warrant that the information accessible via this Website is accurate, complete or current and we do not accept liability for any loss whatsoever arising from any inaccuracy or information that is out of date.

In particular, you agree that, to the fullest extent permitted by applicable law and save in respect of death or personal injury arising from our negligence, neither us nor any of our parents, affiliates, subsidiaries, directors, employees, shareholders, agents or other representatives shall be responsible or liable under any circumstances, for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages), or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with your use of this Website and its services.

The limitation of liability shall also be extended to include any use in connection with your use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. Such limitation of liability shall also extend to any events beyond our reasonable control including any restricted or non-access to this Website due to service interruptions.

You agree to indemnify and hold us and (as applicable) our parents, subsidiaries, affiliates, officers, directors, agents, representatives, shareholders and employees harmless from any claim or demand, including any legal fees, made by any user (registered or otherwise) or third party due to or arising out of your breach of these Terms (including any documents incorporated by reference), your violation of any law or the rights of a third party or any breach of your representations and warranties as contained herein.

6. Developer portal area

The Developer Portal area ("DPA") accessible by the link friends.grapplemobile.com will only be available to Grapple customers who have entered into a legally binding agreement with Grapple regarding the build of applications. Users will be given a specific user name and password and as part of their use of the DPA users agree not to share these log in details with any third party.

7. User conduct within developer portal area

The User has the sole responsibility for any content uploaded, published, or in any other way transmitted or distributed through the Service.

The User agrees not to use the DPA to:

  1. Upload, publish, or make available in any other way Content that is unlawful or prohibited;
  2. Harm people under the age of 18 in any way;
  3. Upload, publish, or make available in any other way Content that the User does not have the right to distribute;
  4. Upload, publish, or make available in any other way Content which infringes any Patent, Law, Trade Secrets, Copyright or other Proprietary Rights;
  5. Disturb or interfere with the Service, the servers or the networks connected to the Service;
  6. Violate any Local or International Law or applicable regulations;
  7. Collect and store other Users' personal data without their explicit permission;
  8. Upload, publish, or make available in any other way pornographic material, which is strictly prohibited in all areas of GRAPPLE.

8. Grapple right to terminate

Grapple has the right to remove any User's file at any moment, and to cancel any subscription without prior notice. It is the sole responsibility of the User to keep a copy of the Content uploaded on GRAPPLE's DPA. GRAPPLE does not assume any responsibility in case of partial or total loss of the User's material. Although GRAPPLE is not obliged to pre-screen and screen the files uploaded by Users, GRAPPLE reserves the right to access any account and any file, without prior notice, in order to verify the Users' compliance with the T's and C's. Personal data provided to GRAPPLE remain the User's property. The User allows GRAPPLE to use this information for operational and marketing purposes. This information will never be sold to 3rd parties, unless specifically requested by Law, or unless explicitly agreed to by the User. The use of this Service is entirely at the User's risk. Services are provided without any implicit or explicit guarantees. In no way is GRAPPLE responsible for eventual damages deriving from the inaccessibility to personal information, from the loss or alteration of stored materials by other Users, or by any other event, including service interruption.

9. Indemnity

In the event of legal action brought on by third parties in relation to Content submitted, posted, published or otherwise made available through the Service, and/or in relation to any Users' conduct, and/or in relation to the User's violation of the T's and C's , and/or of the User's violation of the rights of others, the User agrees to indemnify GRAPPLE, and its affiliates, partners, owners, officers, agents, and employees from all claims and demands (including legal fees).

10. No resale or commercial use of service

The User agrees not to reproduce, copy, duplicate, sell, resell or in any way use for commercial purposes any part of the Site.

11. Privacy policy

As a user of our services, we may collect non-personal data about your use of the website, such as pages visited, times and volume of use of the services as well as Traffic Data. Traffic data includes logs, details of networks, time of log-on or access, length of sessions and similar systems data.

Cookies

A cookie is a piece of information that is stored on your computer's hard drive by your web browser which tracks your movements within websites you visit.

Most browsers are automatically set to accept cookies but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may still use most of the features of our website, including the ability to buy from our range.

We may also store information about you using cookies (files which are sent by us to your computer or other access device) which we can access when you visit our site in future. We do this to improve the quality of our service by storing user preferences and tracking user trends. If you want to delete any cookies that are already on your computer please refer to the instructions for your file management software to locate the file or directory that stores cookies. Information on deleting or controlling cookies is available at www.AboutCookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.

If you choose to have your name and personal data removed from our database all together or wish to amend the details you can do so by sending an Email to unsubscribe@grapplemobile.com

12. General rules regarding service use

The User agrees that GRAPPLE may establish rules and general limits regarding the use of the Service, including the maximum amount of disk space the can be used by each user, the number of times the User can access the Service per Unit of time, the number and size of the content which can be uploaded or downloaded, the duration of each session. The user agrees that GRAPPLE cannot be held responsible for the loss of data, or content uploaded by the user.

13. Service modification

GRAPPLE reserve the sole and exclusive right to modify at any moment, even without notice, temporarily or permanently, the Service. The User agrees that Grapple cannot be held responsible for any of the modifications, suspensions or cancelling of the Service.

14. Username and password

The User acknowledges and accepts that GRAPPLE may, at its sole discretion, disactivate the User's password or\and account, or suspend the access to the DPA. Moreover, GRAPPLE has the right to remove or cancel any of the Users' content, without notice and without being obliged to explain.

15. Grapple's proprietary rights

The User acknowledges and agrees that all Software utilized in connection with the Service and DPA ("Software") are protected by Intellectual Property Laws. GRAPPLE grants the User a personal license, non transferable and non exclusive for the use of the Software on a single Computer. The User shall not copy, modify, create derivative works, and in any way try to discover the Source codes of the Software, sell, sub-license, or transfer to 3rd parties any right on the Software.

16. Grapple's disclaimer of warranties

The User declares expressly that:

  1. The utilization of the Service is at his\her sole discretion. The Service is provided "AS IS" and "AS AVAILABLE". Therefore GRAPPLE cannot be held responsible in relation to the fruition and availability of the Service. GRAPPLE expressly disclaims all warranties of any kind.
  2. GRAPPLE does not warrant that: (i) the service will satisfy the User's needs, (ii) the Service will be provided without interruptions, or without errors, (iii) the quality of services purchased through the Service will satisfy the User's expectations.
  3. Any file downloaded or obtained through the Service is obtained at the sole discretion of the User, and the User is the sole responsible for any harm produced, directly or indirectly, by the content on the Computer or the mobile phone.
  4. No advice, suggestion, help, written or verbally, provided by GRAPPLE to the user, shall imply any warranty from GRAPPLE.

17. Limitations of liability

GRAPPLE services are provided without any implicit or explicit warranty. GRAPPLE cannot be held responsible of any harm coming from the inability to access or use the Site or DPA, or the loss of the files uploaded by the users. It is responsibility of the Users to keep a copy of the Content uploaded on GRAPPLE's DPA. GRAPPLE declines any responsibility for any harm coming from the inability to access the Service, viruses, damaged files, errors, interruption of the Service, network problems, non authorized access, modification of data. GRAPPLE reserves the right to modify the Service at any time, even without notice.

18. Communication

All communications between the Parties shall happen in written form both via Electronic email or Postal services.

19. Applicable law and forum

These T's and C's shall be governed by the laws of England and Wales. The User and Grapple agree to submit to the exclusive jurisdiction of the courts of England and Wales.

Please report any violations to these T's AND C's to our Help and Support Group: abuse@grapplemobile.com

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