Last Updated Date: 12-05-2018
WELCOME TO JUST IN CASE APP! MGM DOODLESOFT LTD (“COMPANY”, “WE” OR “US”)
1. YOUR DATA
With Just In Case, our mobile application, you can collect, upload, submit, store, display, send, receive, or print content and data. This data includes personally identifiable information such as your name, email address, telephone number, and country, and your personal health information such as any information about a medical condition or other information obtained from your doctor or health records, submitted by you and persons authorized by you and from third party data sources approved by you in your Just In Case account (“Your Data”). You control Your Data and your interactions with us. Fundamentally, we believe you own Your Data and should have control over how it is used. Further, we believe you should have some control over how you interact with us as a subscriber. We try to give you as much information as possible so your interactions with us and decision to use the Just In Case app is based on information, choice, and consent. These Terms also apply to any other products, services or platforms we may provide or make available to you from time to time, as well as your general dealings with us. If you have any questions or comments about these Terms please contact us at email@example.com.
2. ACCEPTING OUR TERMS
By using the Just In Case app, you agree to these Terms. We will also highlight this during the initial sign-up or account creation process, and you will be expressly asked to agree. Once agreed, these Terms are legally binding on both parties.
3. CHANGING OUR TERMS
Occasionally we may need to change these Terms. We will make you aware of any changes in advance, and tell you the date when those changes apply. By continuing to use the Just In Case app after that date, you agree to the revised Terms. Otherwise, you are free to stop using your Just In Case app and close your account (see “Your Just In Case app Account” below).
4. ACCEPTABLE USE
As part of this mutual commitment to fair treatment at all times, you agree to only use the Just In Case app and any information available to you in good faith, and only for your own health and welfare or the health and welfare of someone who has authorized you to do so. Failure to do so may lead to the termination of your access to the Just In Case app, the closing of your account, and possible legal action against you. You are responsible for your use of the Just In Case app and your account. To promote our goal of fair treatment and dealing at all times, you agree not to:
• violate any law or regulation;
• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
• post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• send unsolicited or unauthorized advertising or commercial communications, such as spam;
• engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Just In Case app;
• transmit any viruses or other computer instructions, or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• stalk, harass, or harm another individual;
• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Just In Case app; or
• advocate, encourage, or assist anyone in doing any of the foregoing.
5. FEES AND PURCHASE TERMS
PRICE AND PAYMENT: The pricing and payment method are set out on the App Store website. You must always pay in the currency set out on the App Store website, but your credit card company should be able to exchange your money if necessary. Your credit card company might do security checks to make sure it is really you making the order.
RETURNS, REFUNDS AND CANCELLATION: If you can’t use our Just In Case app because it doesn’t work, let us know and we’ll try to help you out.
6. PERMITTED USERS
By setting up a Just In Case account, you represent that you have either reached the age of “majority” where you live or have valid parent or legal guardian consent to be bound by these Terms, and that you are not barred from setting up an account, using a Just In Case under applicable laws. If you do not know whether you have reached the age of majority where you live or do not understand this section, please ask your parent or legal guardian for help before you set up an account. If you as a parent or guardian set up an account for a minor or you are the parent or guardian of a minor who sets up an account, you accept these Terms on the minor’s behalf and are responsible for all use of the account, the Just In Case app, including any purchases. No one under the age of 13 is permitted to use the Just In Case app. You can create a Just In Case account for others only where you are the authorized individual-representative (a parent, guardian or legal representative establishing an account for a Just In Case app). By setting up such an account you automatically certify and agree that (i) you have this authority, (ii) we are entitled to rely of your certification as true, and (iii) you will hold us harmless from any claim by such others that you did not have authority to create a Just In Case for them. Subject to an agreement with our company, we will permit organizations (including not-for-profit entities) and individuals to create Just In Case accounts, set up accounts for others and encourage them to use a Just In Case app. Whether you set up your own Just In Case account or one is set up for you and you agree to become a Just In Case user, these Terms shall apply to you and govern your relationship with us. We reserve the right to restrict in our sole discretion who is eligible to use the Just In Case app, or set up an account, and to reject a request to create a Just In Case account or close an account at any time without liability. We will only do this where we believe we have a reasonable concern or issue.
7. YOUR JUST IN CASE ACCOUNT
8. OUR OWNERSHIP RIGHTS
The copyright in all material contained on, in, or available through the Just In Case app including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to MGM DoodleSoft Ltd. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without MGM DoodleSoft Ltd’s express permission.
The trademarks, service marks, and logos (“Trade Marks“) contained on or in the Just In Case app are owned by MGM DoodleSoft Ltd or third party partners of MGM DoodleSoft Ltd. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of MGM DoodleSoft Ltd or the relevant group company or the relevant third party partner of MGM DoodleSoft Ltd.
10. SERVICE AND INFORMATION AVAILABILITY
If we need to perform maintenance on the Just In Case app or our technology (including our website and any other on-line or mobile platforms) where we necessarily have to restrict access to or use of the Just In Case app, we will try to let you know in advance. If an issue limits or prevents your use of the Just In Case app, we will resolve that issue as soon as possible. You agree we are not liable for any lack of availability of the Just In Case app. If any of Your Data is accidentally deleted or corrupted, you also agree not to hold us responsible. We do enhance and update the Just In Case app often, so we will let you know as new or different features and options develop.
11. SYNCING AND CELLULAR DATA
Syncing The Just In Case app can require large amounts of data to be exchanged. Syncing your Just In Case app when you are connected to WiFi is the best practice. IF YOU USE YOUR MOBILE DEVICE’S CELLULAR DATA SERVICE YOU COULD DOWNLOAD SO MUCH DATA IN A BILLING PERIOD THAT YOU SIGNIFICANTLY EXCEED THE AMOUNT OF DATA EXCHANGE PERMITTED BY YOUR SERVICE PLAN, AND INCUR LARGE CHARGES ABOVE YOUR MONTHLY SERVICE BILL. If you choose to use cellular data to sync, you should carefully track and manage your cellular data usage, and will be responsible for any extra charges you incur for exceeding the limits which are part of your service plan.
12. THIRD PARTIES
13. DISCLAIMER AND LIMITATIONS ON OUR LIABILITY
YOU AGREE TO USE THE JUST IN CASE APP AT YOUR OWN RISK. THE JUST IN CASE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. IN PARTICULAR, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE JUST IN CASE APP, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE JUST IN CASE APP. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE JUST IN CASE APP; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE JUST IN CASE APP. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JUST IN CASE APP IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE DIARY WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO JUST IN CASE APP, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF MGM DOODLESOFT LTD IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) TWENTY POUNDS STERLING (£20.00); OR (B) THE SUMS PAID BY YOU UPON PURCHASING THE APP, OR ANY IN-APP SPEND, INCLUDING SUBSCRIPTIONS, WHICHEVER IS GREATER.
Nothing in these Terms shall be construed as excluding or limiting the liability of MGM DoodleSoft Ltd or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.
You agree to indemnify and hold us and our Affiliates harmless from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defence of such a matter, you will reasonably cooperate with us in such defence.
15. SERVICE SUSPENSION
MGM DoodleSoft Ltd reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
We reserve the right to not provide the Just In Case app to any person, but we will only do this where we believe we have good reason in our discretion. We also reserve the right to suspend or terminate your right to access the Just In Case app at any time where we have an issue or concern, in our discretion. We will promptly notify you of any suspension or termination, and allow you a right of appeal to us to be reinstated. The form of the appeal and final decision shall be in our sole and absolute discretion.