Terms and Conditions
Neatebox Limited is a company incorporated in Scotland with company number SC409943 and having its registered office at 6/27 Portland Gardens, Edinburgh, EH6 6NJ (“Neatebox“, “we“, “us“, “our“). Our website is www.neatebox.com, www.welcome.neatebox.com(the “Site“) and our mobile app is called Welcome by Neatebox and/or Button by Neatebox (the “APP“).
Set out below are the terms and conditions (the “Terms“) you are agreeing to when you use (however you access it including from a mobile device) the Site and/or the APP. These Terms cover (i) the download of the APP through the Site or from any App Store and (ii) use of the Site.
You should read, and ensure that you understand, all of the Terms prior to using the Site and/or the APP. If you do not agree to be bound by these Terms then you should not use the Site and/or download or use the APP.
The “APP” shall mean the software provided by Neatebox to offer services related to Neatebox, for either or both of the “Button” and “Welcome” applications to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the APP.
2.1. By installing the APP you agree to be bound by these Terms. Please review them carefully before installation and/or acceptance.
2.2. It is free to download and use the APP.
2.3. You are entitled to uninstall the APP at anytime using the uninstall feature on your phone operating system.
2.4. By using the Site and/or the APP, you warrant that you have the right, authority and capacity to enter into and be bound by these Terms.
2.5. We do not represent that any material on the Site and/or the APP is appropriate for use in locations other than the United Kingdom and will not be liable for any losses incurred as a result of such use. If you choose to access the Site and/or the APP from other locations, you are responsible for compliance with local laws if, and to the extent, such local laws are applicable.
2.6. By submitting information to the Site, you agree that, whilst we may contact you in relation to the information you have provided, we are not obliged to provide you with any particular service.
2.7. We make no warranty that the contents of the Site and/or the APP are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
2.8. We do not represent or guarantee the truthfulness, accuracy or reliability of any material contained on the Site or obtained by using the APP. All such material is intended as information only and does not constitute advice. You acknowledge and agree that any reliance on material contained on the Site and/or obtained via the APP is at your own risk.
2.9. We have taken every care in the preparation of the content of the Site and the APP, however we cannot guarantee uninterrupted and totally reliable access to the Site or other services provided through the APP, and therefore cannot guarantee that the information will always be completely up to date and free of mistakes. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the Site and/or obtained via the APP and will accept no liability for any loss or damage arising as a result of problems with access.
2.10. We shall not be liable to any person for any loss or damage howsoever caused which may arise from the use of any of the information and materials contained on the Site and/or obtained via the APP.
2.11. By using the APP you will access information provided by venue operators who subscribe to our services. We are not responsible for any data they upload or otherwise provide to you. If they provide hypertext links these may lead you to other websites which are not under our control. When you activate any of these you will leave the Site and we have no control over and will accept no responsibility or liability for the material on any website which is not under our control.
2.12. We may make software owned or operated by third-party companies available to you. You must only use this software in accordance with the terms and conditions imposed by the third-party provider.
2.13. We may suspend the Site and/or operation of the APP or any part of it at any time and for any reason whatsoever, including but not limited to repairs or upgrades, and shall not be liable to you for any such suspension.
2.14. We reserve the right to alter these Terms from time to time by posting new terms and conditions on the Site. Your continued use of the Site and/or the APP (or any part thereof) following such change will be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine if the Terms have been changed. If you do not agree to any change to the Terms, you must stop using the Site and the APP with immediate effect.
2.15. If any provision of these Terms is held by any competent authority to be illegal, invalid or unenforceable in whole or in part then such provision shall be deemed to be omitted and the validity of the other provisions of these Terms shall not be affected.
2.16. All liability is excluded to the maximum extent permitted by law including any implied terms.
2.17. The exclusions of liability set out in these Terms shall not apply to any damages arising from death or personal injury caused by our negligence, or any of our employees or agents.
2.18. Nothing in these Terms shall, whether directly or indirectly, give or be deemed to give any enforceable benefit of any kind to any third party as against us.
2.19. Any failure or delay by us to enforce any of these Terms shall not be considered a waiver by us of our right to enforce such term or condition of these Terms.
3. The APP
3.1. The APP allows you to access certain functionality available on the Site.
3.2. Once you have downloaded the APP, it is essential for the APP to operate that it tracks the location of your mobile device and makes this information available to venues who subscribe to our services. While you may set your personal settings under the APP to restrict your location being notified to those with whom you are registered, in the open or spontaneous visit setting your location will be open and visible to all using the service.
3.3. The APP is currently made available to you free of charge for your personal, non-commercial use. Neatebox reserves the right to amend or withdraw the APP, or charge for the APP or service provided to you in accordance with these Terms, at any time and for any reason.
4. Your details
4.1.In order to download and use the APP, the Site requires you to register and provide certain information about yourself (“Personal Information“) and where you do this you agree:
4.1.1 to provide true, accurate, current and complete Personal Information as prompted by the relevant registration form;
4.1.2 to maintain and promptly update your Personal Information (by updating it on the Site in the your account section, or by sending an appropriately worded email to email@example.com) to keep it true, accurate, current and complete; and
4.1.3 that you will not impersonate any other entity or use a false name that you are not authorised to use.
4.2. THE PERSONAL INFORMATION WHICH YOU SET UP IN YOUR PROFILE UNDER THE APP IS, UNDER THE OPERATION OF THE SERVICES PROVIDED BY THE APP, MADE AVAILABLE TO THOSE VENUES WITH WHICH YOU REGISTER UNDER THE APP. IF YOU HAVE YOUR PROFILE SET AS OPEN OR FOR SPONTANEOUS VISITING SUCH PERSONAL INFORMATION MAY BE ACCESSIBLE OPENLY TO ALL SUBSCRIBERS TO THE NEATEBOX PLATFORM, AND BY USING THE APP YOU CONSENT TO THIS. NOTE YOU MAY UPDATE OR AMEND YOUR PERSONAL INFORMATION IN YOUR PROFILE AT ANY TIME.
4.3. You may withdraw your consent at any time by:
4.3.1. changing your settings to “Private” so that only those venues which you register with on the platform from time to time have access to your profile and therefore your uploaded Personal Information; or
4.3.2 uninstalling the APP which will result in all your Personal Information and your profile being removed.
5. User name and password
5.1. Once you have registered with the Site, you will be required to choose a unique username and/or password that gives you access to your Site account. You are fully responsible for (i) maintaining the confidentiality of your username and password and (ii) editing your username and password as and when required and you accept full responsibility for all activities that occur through your Site account. You agree to:
5.1.1. notify us immediately if you become aware of any unauthorised use of your password or Site account or any other breach of security by sending an appropriately worded email to firstname.lastname@example.org; and
5.1.2. ensure that you exit from your Site account at the end of each session. We cannot and will not be liable for any claims, loss or damage of any nature whatsoever, including indirect, consequential or economic losses of profit arising from your failure to comply with these requirements.]
6. Prohibitions of use
6.1. We prohibit the use of the Site and/or the APP for any unlawful purpose. In addition to this, you agree not to use, nor allow any person under your control to use, the Site and/or the APP for the following purposes:
6.1.1.posting any incomplete, false or inaccurate information;
6.1.2. posting any information which is subject to confidentiality provisions (implied or express);
6.1.3. posting any information which, in our reasonable opinion, we consider to be defamatory, offensive, obscene, threatening, racist, sexist or discriminatory;
6.1.4. deleting, amending or in any way altering any material which has not been posted by you;
6.1.5. posting materials which are not your own work (in whole or in part) without having the consent of the original author; or
6.1.6. making use of the Site, the APP and/or the materials in a way which infringes the intellectual property rights of any other party.
6.2. In the event that we consider that you are making any illegal and/or unauthorised use of the Site and/or the APP and/or your use of the Site and/or the APP is in breach of these Terms, we reserve the right to take any action that we deem fit, including terminating your use of the Site without notice and with immediate effect and, in the case of illegality, instigating criminal proceedings.
6.3. Notwithstanding any other provision of these Terms, we may, at any time and for any reason, terminate these Terms with you and deny you access to the Site.
6.4. You will not, nor allow third parties on your behalf to:
6.4.1. make and distribute copies of the APP;
6.4.2. attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the APP; or
6.4.3.create derivative works of the APP of any kind whatsoever.
7. Intellectual property
7.1. The copyright and all other intellectual property rights in the material contained on the Site and the APP, together with the website design, images and source code, belongs to us and all rights are reserved.
7.2. You warrant that you are the owner, or alternatively that you have obtained the necessary consent(s) from the owner(s), of all and any material that you post on the Site.
7.3. You grant to us a non-exclusive, perpetual, irrevocable, royalty-free licence to use any material that you post on the Site or via the use of the APP in accordance with these Terms.
7.4. You warrant that you will neither:
7.4.1. resell, transfer or provide to any other person the use of or access to the Site or the APP; nor
7.4.2. allow any other person access to any password, user ID or account information held by you in connection with the Site or the APP.
7.5. We grant to you a non-transferable, non-exclusive, revocable, royalty-free licence to:
to use the APP for your personal use in accordance with these Terms; and
view and print the content of the Site for your personal and non-commercial use only.
8. Data protection
8.2. We draw your particular attention to Section 4.2 above.
9. Mobile provider
9.1. You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider“) will continue to apply when using the APP. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the APP or any such third party charges as may arise. You accept responsibility for any such charges that arise.
9.2. If you are not the bill payer for the mobile telephone or handheld device being used to access the APP, you will be assumed to have received permission from the bill payer for using the APP.
10.1. This APP is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. Neatebox will use reasonable efforts to make the APP available at all times. However you acknowledge the APP is provided over the internet and mobile networks and so the quality and availability of the APP may be affected by factors outside Neatebox’s reasonable control.
10.2. Neatebox does not accept any responsibility whatsoever for unavailability of the APP, or any difficulty or inability to download or access content or any other communication system failure which may result in the APP being unavailable.
10.3 Neatebox will not be responsible for any support or maintenance for the APP.
11. System requirements
11.1. In order to use the APP, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (“Software Requirements“).
11.2. The Software Requirements are as follows: [Apple iOS devices running ioS 9.0 and up, and Android OS devices running Android OS 4.4 KitKat and up; Language: English.
11.3. The version of the APP software may be upgraded from time to time to add support for new functions and services.
12.1. Neatebox may terminate use of the APP at any time by giving notice of termination to you.
12.2. You may terminate use of the APP at any time by uninstalling the APP.
12.3. Upon any termination:
12.3.1. the rights and licences granted to you herein shall terminate; and
12.3.2. you must cease all use of the APP.
13. Limitation of liability
13.1. In no event will Neatebox be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the APP, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
13.2. Neatebox is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the APP.
13.3. Nothing in these Terms shall exclude or limit Neatebox’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
14. Disclaimer of warranties
To the maximum extent permitted by law, and for the avoidance of doubt, Neatebox hereby disclaims all implied warranties with regard to the APP. The APP and software are provided “as is” and “as available” without warranty of any kind.
15. Governing law
These Terms shall be governed by and construed in accordance with laws of Scotland. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. By accepting these Terms you submit to the non-exclusive jurisdiction of the Scottish courts.