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Terms of Use

The following Terms of Use apply to TouchApp's website (www.touchapp.co.uk). BY USING THIS WEBSITE, YOU AGREE TO ALL OF THE FOLLOWING. At its sole discretion,TouchApp reserves the right to make changes to these Terms of Use at any time and in any manner. It is the responsibility of the website User to to stay updated. Continued use of the website after changes have been made will be construed as an acceptance and agreement to all changes. TouchApp grants the User the privilege to enter and use the website as long as you comply with these Terms of Use.

WEBSITE CONTENT

All Content (text, graphics, images, logos, computer code, and the like) on this website is controlled, owned, or licensed to or by TouchApp and is protected by patent, copyright, and trademark laws as well as various other unfair competition laws and intellectual property rights. No part of the website Content may be reproduced or copied in any way, including "mirroring", to any other computer, commercial enterprise, website, server, or any other distribution or publication medium without express prior written consent fromTouchApp, except as expressly provided herein. The user may download any information onTouchApp products and services as they are made available for download from the website, provided that:
  • no proprietary notice language is removed
  • the information is used only for non-commercial, personal purposes
  • the same is not made viewable on any source
  • the same is not modified in any way
  • no additional representations or warranties are made relating to the same
 

WEBSITE USE

The User is restricted from using any processes or methods, whether automatic or manual, to access, acquire, or monitor any portion of the website or its Content, or in any way circumvent or reproduce the presentation or navigational structure of the website and its Content, to attempt to obtain any information or materials through any means not purposely made available through the website. TheTouchApp reserves the right to bar any such activity. The User is restricted from:
  • Trying to gain unauthorised access to any part of the website or any other systems connected to the website or to anyTouchApp server by password "mining", hacking, or any other illegitimate means
  • Breaching website security or authentication measures or any connected network, and from conducting any kind of vulnerability testing of the website or any connected network
  • Exploiting the website or its Content in any way, and from conducting any kind of tracking of other website users or visitors to uncover any information that is not explicitly provided therein
  • Manipulating identifiers to disguise the origin of any message sent to TouchApp through the website
  • Employing misrepresentation or the impersonation of any other individual or entity
  • Using the website or its Content for any unlawful purpose or to solicit the same
The User agrees to refrain from:
  • Taking any action that creates a disproportionately large burden on the infrastructure of the website or any connected systems or networks
  • Attempting to interfere with the functioning of the website or with the use of the website with any device, software, or routine.
 

PURCHASE TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases and other features of the website including contests and promotions, the complete terms of which are made a part of these Terms of Use by this reference. The User agrees to abide by all such terms and conditions. If there exists a conflict between these Terms of Use and the terms applicable to a specific part of the website or for a service offered therein, the specific terms shall stand. The obligations of TouchApp with regard to its products and services are governed by agreements pursuant to which they are provided. No website content can alter such agreements. TouchApp reserves the right to make changes to any services or products offered on the website, and to their respective prices, at any time without the need for prior notice. The content on the website which refers to services and products may be out of date, and TouchApp makes no commitment to update it.

 

YOUR ACCOUNT, PASSWORDS, AND SECURITY

Some features of the website require the User to register for an account. The User is responsible for maintaining the confidentiality of any information entered on the website, and for all activity under the website account. The User agrees to notify TouchApp immediately of any unauthorized use of the account and any elements thereof, or any other breach of account or website security. The User may be held liable for losses incurred by TouchApp or another website user due to unauthorised use of an account if the User fails to keep account information confidential and secure. The User may not use another TouchApp user’s account at any time without express written consent. TouchApp will not be held liable for any loss or damage resulting from the User’s failure to comply.

 

THIRD PARTY LINKS

TouchApp website may contain links to other websites. These links are provided for the convenience of users. The inclusion of any such links does not constitute an endorsement by TouchApp. TouchApp is not responsible for any content on these linked websites or any untoward occurrences associated with them. The User is completely responsible for any interactions with these websites.

 

DISCLAIMERS

TOUCHAPP MAKES NO PROMISE TO ENSURE THAT:
  • YOUR USE OF THE WEBSITE WILL PROVIDE PARTICULAR RESULTS
  • THE WEBSITE OR ANY CONTENT, FEATURE, OR SERVICE THEREOF WILL BE ERROR-FREE, THAT ERRORS WILL BE FIXED, OR THAT WEBSITE SERVICE WILL BE UNINTERRUPTED
  • ANY DATA AVAILABLE FOR  DOWNLOAD ON THE WEBSITE WILL BE FREE OF ANY DESTRUCTIVE ELEMENTS

THE USER AGREES TO ACCEPT THE WEBSITE AND ITS CONTENT ON AN AS-IS AND AS-AVAILABLE BASIS. ALL INFORMATION ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. THE USER ASSUMES TOTAL RESPONSIBILITY FOR WEBSITE USE AND VISITS TO ANY WEBSITES LINKED THEREIN. IF THE USER IS DISSATISFIED WITH THE WEBSITE OR ANY OF ITS CONTENT, THE SOLE RECOURSE IS TO STOP USING THE WEBSITE AND ITS CONTENT. TOUCHAPP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. TOUCHAPP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND/OR CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO USE OF THE WEBSITE AND/OR ANY TouchApp SERVICES. This disclaimer applies to all liability, damages, or injury caused by website errors, performance issues, unauthorised access, delay or other defect, or any other cause of action. TouchApp reserves the right at any time and without prior notice to interrupt, change, suspend, or terminate access to the website, the website content, or any part therein for any reason.

 

LIMITATION OF LIABILITY

TouchApp will not be liable to any user for any exemplary, indirect, punitive, consequential, or incidental damages even if TouchApp has been advised of such a possibility, except where prohibited by law. Notwithstanding provisions of these Terms of Use, if TouchApp is found liable for any loss or damage associated with use of the website or its Content, the liability of TouchApp shall not exceed the total of any fees connected with a service paid within six months prior to the date of the initial claim, except in cases where limitations of liability are not applicable by jurisdiction.

 

INDEMNITY

The User agrees to indemnify and hold TouchApp and all connected parties harmless from any liability, demands, expenses, loss, or claims made against The Bamboo Factory by any third party resulting from or in connection with use of the website.

 

VIOLATION OF TERMS OF USE

TouchApp may disclose information held about you if it is determined necessary in light of any applicable regulation, law, government request, legal process, fraud prevention, or complaint or investigation regarding use of the website, or to contact, identify, or bring legal action against another party who might be in violation of the rights or property of TouchApp or its website users. The User acknowledges and agrees that TouchApp may preserve any kind of communication from users and disclose the same if required by law or if TouchApp determines that it is reasonably necessary in order to enforce these Terms of Use, comply with legal process, respond to rights claims, or protect the rights, property or personal safety of TouchApp and all connected website uses, parties, and the public.

The User agrees that:
  • TouchApp may terminate and prevent future access to the website without prior notice if it is determined that the User has violated these Terms of Use or any other guidelines or agreements associated with use of TouchApp website
  • User violation of these Terms of Use will constitute unlawful and unfair business practice and will result in irreparable harm to TouchApp for which monetary damages would be inadequate, and therefore the User consents in such cases to TouchApp acquiring any equitable or injunctive relief deemed appropriate or necessary in addition to any other remedies TouchApp may have at law or in equity
  • TouchApp may terminate User access to the website for cause without prior notice, including but not limited to, a request from the User, requests by law enforcement or other government agencies, temporary or permanent disconnection of or changes to the website or any connected service for any reason

If TouchApp takes any legal action against the User for violation of these Terms of Use, TouchApp will be entitled to recover from the User, and the User agrees to pay, all related and reasonable attorneys’ fees and costs in addition to any other relief granted to TouchApp. The User agrees that TouchApp will not be liable to the User or to any third party for terminating website access in cases where these Terms of Use have been violated.

 

DISPUTE RESOLUTION AND GOVERNING LAW

The User agrees:
  • That all matters of access to and/or use of the website will be governed by the laws of Great Britain without regard to its conflicts of laws provisions
  • To the personal jurisdiction by and venue in the city of London and waives any objection to such, unless the User is based outside of the European Union and can then make claim in the courts of the respective country of residence
Any claim under these Terms of Use must be filed within one (1) year of the cause of action or be barred. Any claim made under the terms and conditions of product purchases are excluded.

The User may not seek or receive any other recovery for damages than out-of-pocket expenses with the exception of the prevailing party’s entitlement to attorney's’ fees and costs associated with the claim. If there is any dispute between the User and TouchApp associated with website use, the parties shall make a reasonable attempt to resolve any such dispute promptly and in good faith. If TouchApp is unable to resolve any dispute within thirty (30) days, either party may elevate the dispute to mediation. If the dispute cannot be so resolved, the parties are then free to pursue any available lawful right or remedy.

 

VOID WHERE PROHIBITED

TouchApp operates www.touchapp.co.uk from its location in UK. The website is accessible worldwide, but not all features, products, or services on the website are available in all locations or to all persons. TouchApp reserves the right to limit such availability to any person(s) or geographic area(s). Any offer made on TouchApp website for any service, product, or feature is void where prohibited. Any decision to access TouchApp website from outside the United Kingdom is made on the User’s own initiative and the User takes sole and full responsibility for complying with any and all applicable local laws.

 

MISCELLANEOUS

The User may not use any Content available on the website or any material created from it in violation of any applicable laws or regulations, including and without limitation, United Kingdom export laws and regulations. If a court or other tribunal of competent jurisdiction holds any of the provisions of these Terms of Use to be void or unenforceable, such provisions shall be limited to the minimum extent necessary or eliminated and replaced with appropriate valid provisions that best reflect the intent of these Terms of Use so that it shall remain in full force and effect. These Terms of Use constitute the entire agreement between the User and TouchApp as concerns website use. Any and all other written or oral agreements or understandings previously existing between the user and TouchApp concerning such use are therefore hereby superseded and canceled. TouchApp will not accept any counter-offers to these Terms of Use except as provided in a valid purchase agreement, and all such prior offers are hereby categorically rejected. Any failure of TouchApp to enforce these Terms of Use shall not be considered as a waiver of any provision or right to do so, nor shall any course of conduct between the User and TouchApp or any other party be considered a modification of any provision herein. These Terms of Use shall not be understood to confer any rights or remedies on any third parties.

 

YOUR FEEDBACK

Any User feedback provided on or through TouchApp website is deemed non-confidential, and as such, TouchApp is free to use any included information on an unrestricted basis.