PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES
Other applicable terms
Information about us
www.linkupnow.co.uk and www.linkupnow.co and the LinkUpNow app are operated by LinkUpNow Limited, a limited company registered in England and Wales under company number 10217037 with its registered office at Kirk Villas, 23 Church Road, Ascot, Berkshire SL5 9DP. Our VAT number will be provided when required.
Accessing our Services
You must register via the app before you can use the interactive elements of our Services. We offer a range of subscription Services which are described in App.
The descriptions of the Services provided by us are for illustrative purposes only and, although we have made every effort to describe them accurately, we cannot guarantee that they will not vary slightly from those descriptions particularly because they include third party content that is input remotely and delivered via the internet.
We do not guarantee that our Services will always be available or be uninterrupted error-free, or secure, that defects will be corrected, or that our Services (or the server(s) on which it is hosted) or software are free of viruses or other harmful components. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Services. For example, you understand that you are responsible for all data charges you incur by using the Services.
Your account and password
User identification codes, passwords and other similar such information may be required as part of our security procedures when you use our Services. You must treat all such user identification codes, passwords and similar such information as confidential and you must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
If and to the extent that you subscribe for Services that are subject to the payment of a fee, to cancel that Contract (defined below) in accordance with consumer customers’ legal right to do so (as described in more detail below), you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at email@example.com. Please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail.
If you wish to contact us for any other reason, including because you have any complaints, you can contact our customer service team by e-mailing us at firstname.lastname@example.org.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
Our registration and subscription pages will guide you through the additional steps you need to take to access our subscription Services. These pages allow you to check and amend any errors before submitting your order to us for your selected subscription Services. Please take the time to read and check your order at each page of the order process.
After you register and/ or subscribe to particular Services, you will receive an e-mail from us acknowledging that we have received your registration and/ or order. However, please note that this does not mean that your order for a subscription Service has been accepted. Our acceptance of your order for particular subscription Services will take place as described below.
We will confirm our acceptance to you by sending you an e-mail that confirms that your subscription is now activated (Subscription Confirmation). The Contract between us will only be formed when we send you the Subscription Confirmation.
If we are unable to supply you with a Service, for example because that Service is no longer available or because of an error in the price on our site as referred to in the Price of Services clause below, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Services, we will refund you the full amount charged as soon as possible.
Consumer customers have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the relevant period set out in that legislation. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or proceed with you order for a particular subscription Service, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
Your legal right to cancel a Contract starts from the date of the Subscription Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract will expire after 14 days from the date of the applicable Subscription Confirmation. However, a request (in “a durable form”) for the services to start before the expiry of the cancellation period, i.e. accessing the relevant subscription areas straight away before the expiry of 14 days, means that your right to cancel will expire once you access such Service even if you do not interact with that Service or continue to use it. If you begin your use of the Services in this way during the cancellation period and subsequently cancel your subscription, you shall pay us an amount which is in proportion to the billing period during which such cancellation was communicated to us.
If you cancel your Contract we will:
– refund you the price you paid in excess of the amount described above.
– make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- if you have accessed the Service within the cancellation: within 14 days after the expiry of the relevant billing period;
- if you have not accessed the Service: within 14 days after you inform us of your decision to cancel the Contract.
We will refund you on the method used by you to pay.
Our site is intended for use by consumer customers and we are under a legal duty to supply Services to our consumer customers that are in conformity with this Contract. As a consumer, you have legal rights in relation to Services that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these terms. If you have to cancel your subscription because they are faulty or materially mis-described, we will refund the price of the Services in full. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
The prices of the Services will be as quoted on our site at the time you submit your order and may include fee-free Services and discounted prices. We take all reasonable care to ensure that the prices of Services are correct at the time when the relevant information was entered onto the system. However please see below for what happens if we discover an error in the price of Services you ordered.
Prices for our Services may change from time to time, but changes will not affect the initial billing period of any order you have already placed.
The price of a Service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect.
It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If we discover an error in the price of a subscription that you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the subscription at the correct price or cancelling your order. We will not process your order for that subscription until we have your instructions. If we are unable to contact you using the contact details you provided during registration, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide that subscription Service to you at the incorrect (lower) price.
You can pay in-app for the subscription Services through the App Store or Google Play interface. Payment for the Services is in advance.
Whatever changes we make, please check these terms from time to time to take notice of those changes, as they are binding on you.
It is not our intention to make public without your consent any information that you provide to us and we shall endeavour to maintain the security and confidentiality of it. Nevertheless, by using our Services, you are acknowledging that you understand that any and all other material uploaded by you when you interact with and use our Services (“Your Content” e.g. messages sent by you to other users, content shared with them and information about you in a user profile area that you create, if any) is considered non-confidential and non-proprietary. For the avoidance of doubt, the information that you provide to us when you register to use the Services (eg your email address), is not considered to be part of Your Content in this context because it is not made available to other users unless otherwise agreed by you. You retain all of your ownership rights in Your Content, but you agree that by uploading such content you are granting us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sub-licensable, and transferable licence to use, store and copy that content and to distribute and make it available to third parties for any purpose subject to any privacy settings you have set to control who can see Your Content. Any such restrictions set by you, to control who can see Your Content, will not apply if and to the extent that disclosure is required by law in which case you shall, to the extent permitted by law, be notified in writing of the disclosure.
We also have the right to disclose your identity to any third party who is claiming that Your Content constitutes a violation of their intellectual property rights, or of their right to privacy.
Further rights you licence to us are described in the next section of these terms (Rights you Licence).
Whenever you make use of the sharing features and any other interactive elements of our Services that allow you to upload content or to make contact with other users of our Services, you must comply with the content standards set out in our Acceptable Use terms below. You warrant that all Your Content does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
We will not be responsible, or liable to any third party, for any of Your Content or for any content posted by any other user of our Services.
We have the right to remove any of Your Content if, in our opinion, it does not comply with the content standards set out in our Acceptable Use terms but we are under no obligation to do so.
The views expressed by other users of our Services do not represent our views or values.
You agree and accept that injunctive relief shall not be available to you in the unlikely event of a breach of the obligations set out here or elsewhere in these terms.
Rights you licence
In addition to the licence granted by you above, by uploading Your Content you also hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sub-licensable, and transferable licence to reproduce, modify, adapt, edit, publish, create derivative works from, perform, promote, exhibit, and display Your Content in any and all media or distribution methods, now known or later developed subject to your choice of the recipient/s of information you share and any privacy settings you have set to control who can see Your Content. Without limiting the foregoing, when you submit Your Content, you are also agreeing that the licence granted by you in relation to such content permits us to sublicense it to other companies, organisations or individuals in connection with the syndication, broadcast, distribution, promotion, or publication in any and all media or distribution methods, now known or later developed. No use of User Content in accordance with this licence shall entitle you to any compensation from us or from any other companies, organisations or individuals.
Our intellectual property rights
Subject to the paragraph below, all intellectual property rights subsisting in the provision of our Services, including any supporting software and documentation, are owned by and/ or licensed to us. This includes the manner in which all such material is compiled and presented by us in our LinkUpNow app.
If and when expressly indicated, the intellectual property rights subsisting in certain elements of our Services, including any supporting software and documentation, may be the property of named third parties.
You shall not reproduce, adapt, translate, reverse-engineer or make available to any third party any of the intellectual property subsisting in our provision of our Services, as described above, or any other material provided by us to you, where such activity goes beyond the scope of actions permitted by these terms in relation to your use of the Services. Our status (and that of any identified contributors) as the authors of content must always be acknowledged.
You must inform us immediately if you suspect or are aware of any breach of these obligations concerning our intellectual property rights by contacting us promptly at email@example.com.
You must not use any part of the content of our Services for commercial purposes without obtaining a licence to do so from us or our licensors.
If you copy or download any content, provided by our Services and which does not belong to you, in breach of these terms, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies you have made of the content.
No reliance on information
We may update our Services from time to time, and may change the content at any time. However, please note that any of the content provided to you via our Services may be out of date at any given time, and we are under no obligation to update it. Although we make reasonable efforts to update the content of our Services, we make no representations, warranties or guarantees, whether express or implied, that our content is accurate, complete or up-to-date.
We do not guarantee that our Services, or any content provided, will be free from errors or omissions.
You assume total responsibility and risk for your use of our Services and your reliance thereon. No opinion, advice, or statement of ours, of registered users or of other visitors, whether made in the app, or otherwise, shall create any warranty.
Limitation of our liability
Our Services including any content or information contained within it or any related service provided by us, is provided “as is” with no representations or warranties of any kind, either expressed or implied. Neither we, our subsidiaries, affiliates, sponsors, suppliers nor agents makes any representation as to the results to be obtained from use of our Services or any related service provided by us.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
– use of, or inability to use, our Services; or
– use of or reliance on any content provided to you by our Services.
If you are visiting our app or site/s in a business context, please note that in particular, we will not be liable for:
– loss of profits, sales, business, or revenue;
– business interruption;
– loss of anticipated savings;
– loss of business opportunity, goodwill or reputation;
– any indirect or consequential loss or damage.
Please note that we only provide our Services to customers who shall use them for domestic and private use. You agree not to use our Services for any commercial or business purposes and accept that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any content provided to you via our Services.
If and when third party websites are linked to by our LinkUpNow app, we assume no responsibility for the content of such third party websites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract (defined above) that is caused by an Event Outside Our Control.
An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
– we will contact you as soon as reasonably possible to notify you; and
– our obligations under a Contract will be suspended and the time for performance of our obligations (if any) will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of a new subscription Services to you, we will arrange a new activation date with you after the Event Outside Our Control is over.
You may cancel a Contract affected by an Event Outside Our Control which has continued for more than  days. To cancel please contact us. If you opt to cancel, an affected subscription Services we will refund the price you have paid for Services not yet received.
You may use our Services only for lawful purposes. You may not use our Services:
– in any way that breaches any applicable local, national or international law or regulation.
– in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
– for the purpose of harming or attempting to harm minors in any way.
– to send, knowingly receive, upload, download, use or re-use any material which breaches our Content Standards (as set out below), or any other reasonably required standards concerning content.
– to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
– to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
– not to reproduce, duplicate, copy or re-sell any content or parts of our LinkUpNow app in contravention of the provisions of these terms;
– not to access without authority, interfere with, damage or disrupt:
- any of our Services;
- any equipment or network on which parts of our Services are stored;
- any software used in the provision of our Services; or
- any equipment or network or software owned or used by any third party.
– if and to the extent that Your Content includes anything belonging to third parties, you warrant that all such third party content is used with the consent of relevant third parties.
We will notify you if and when the interactive elements of our Services are moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use our interactive Services and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. If and when we notify you that we are moderating our Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise. However, please note that, unless we notify you otherwise, we do not monitor or moderate any interactive elements of our Services and we are under no obligation to oversee, monitor or moderate Your Content or any other interactivity or content provided by you or other users whether or not breaches are notified to us. Furthermore, we expressly exclude our liability for any loss or damage arising from the use of any Services by a user in contravention of our content standards, whether the service is moderated or not and whether or not breaches are notified to us.
These content standards apply to any and all of Your Content:
You must comply with the spirit and the letter of the following standards. The standards apply to each part of Your Content as well as to its whole.
Your Content must:
– Be accurate (where it state facts).
– Be genuinely held (where it state opinions).
– Comply with applicable law in the UK and in any country from which it is posted.
Your Content must not:
– Contain any material which is defamatory of any person.
– Contain any material which is obscene, offensive, hateful or inflammatory.
– Promote sexually explicit material.
– Promote violence.
– Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
– Infringe any copyright, database right or trade mark of any other person.
– Be likely to deceive any person.
– Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
– Promote any illegal activity.
– Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
– Be likely to harass, upset, embarrass, alarm or annoy any other person.
– Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
– Give the impression that it emanates from us, if this is not the case.
– Advocate, promote or assist any unlawful act including copyright infringement, computer misuse or terrorism.
Suspension & Termination:
We will determine, in our discretion, whether there has been a breach of these Acceptable Use terms in relation to your use of our Services. When a breach of these terms has occurred, we may take such action as we deem appropriate including:
– Immediate, temporary or permanent withdrawal of your access to our Services.
– Immediate, temporary or permanent removal of any posting or material uploaded by you to our app.
– Issue of a warning to you.
– Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
– Further legal action against you.
– Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described in these Acceptable Use terms are not limited, and we may take any other action we reasonably deem appropriate. You also accept that we are not responsible for the results of actions reasonably taken by us under these terms in response to your breaches of these Acceptable Use terms.
We do not guarantee that our Services will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and devices in order to access our Services. You should use your own virus protection software.
You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the network or server on which our Services are transmitted or stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
Linking to our Services
You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to us in any website that is not owned by you nor may you create a link to any part of our Services other than the home pages.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the Acceptable Use terms and content standards set out above.
If you wish to make any use of content from our Services other than via the linking described above, please contact us.
Third party links and resources from our Services
Where our Services contains links to other websites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those websites or resources.
Changes to these terms
Please note, this means that we may revise the terms applicable to a subscription Service that you’ve ordered – for example, to reflect:
– changes in relevant laws and regulatory requirements
If we have to revise these terms as they apply to subscription Services that you’ve ordered, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract (described above) if you are not happy with the changes. You may cancel in respect of the affected Services or all the Services you have yet to receive. If you opt to cancel, we will arrange a full refund of the price you have paid taking into account the cost of Services already delivered.
Whatever changes we make, please check these terms from time to time to take notice of those changes, as they are binding on you.
It is agreed that no failure by either you or us to enforce the performance of any provision in these terms shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these terms. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
These terms shall be governed by the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the laws of England and Wales. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
However If you are a business, these terms (and any non-contractual disputes or claims) are governed by English law and you and we both agree to the exclusive jurisdiction of the courts of England and Wales.
The LinkUpNow “UpNow” logo is registered with trade mark number UK00003225158.