Terms and Conditions in using locappy.com, Locappy app and Hoot app you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website/app and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Authorized employees within the company on a need to know basis may only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. The UK Legislature has created specific offences for unauthorised actions against computer systems and data (Computer Misuse Act 1990 and subsequent amendments by part 5 of the Police and Justice Act 2006). We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
1.3 This policy (together with the Terms and Conditions section) explains what types of personal and non-personal information we collect when you use the Website and The mobile app, the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
1.4 Please read the following carefully to understand our views and practices regarding your personal data and how it will be treated. By disclosing your personal information to us using the Website and The mobile app, emailing us or speaking to us over the telephone you consent to the collection, storage and processing of your personal information as stated in this policy.
1.5 Locappy uses the personal information we collect from your device to provide our service to you. We will not sell or share your personal information with any other company or third party for its own marketing purposes without your prior consent except where explicitly mentioned in this policy.
1.6 Locappy may allow third party companies (e.g. analytics providers) to utilise aggregated and anonimysed data for the purpose of improving the service provided.
1.7 For the purpose of the Data Protection Act 1998 (the Act), the data controller is Locappy LIMITED of 1 St. Katharine’s Way, Rainmaking Loft, International House London E1W 1UN, which is registered with the ICO with registered number ZA080731.
2. What personal information do we collect?
2.1 We may collect, store and use the following kinds of personal information:
(a) if you register as a User of the mobile application app, you will be asked to complete a form which will require you to provide some or all of your name, email address, gender;
(b) if you sign up as a Merchant, you will be asked to complete a form which will require you to provide some or all of your name, email address, gender address, and telephone number, website URL, Social media profile(s), and you will be required to provide your credit or debit card details. Locappy will not receive the credit card information;
(c) when you contact us by email or telephone or through any contact form provided on the Website and the mobile app, we may ask you to provide some or all of the information set out in paragraphs (a) and (b) above;
(d) we may collect, store and use information about your computer, mobile device or other item of hardware through which you access the Website and The mobile app and your visits to and use of the Website and The mobile app (including without limitation your IP address, geographical location, browser/platform type and version, Internet Service Provider, operating system, referral source/exit pages, length of visit, page views, Website and The mobile app navigation and search terms that you use);
(e) in order to improve your experience in using the Website and The mobile app, we may store information relating to your previous browsing habits in order to select and suggest content that may be of interest to you; and
(f) if you access the The mobile app through a social networking profile, we may collect, store and use the details of that social networking profile and any information contained therein in order to help you connect with your existing network on social networking platform;
(g) if you use the The mobile app, we may use your position to improve the relevancy of the content in the mobile application. Position of user is collected anonymously through location technology such as, but not exclusively, GPS and/or iBeacon.
2.2 We may also ask you to complete surveys and give feedback that we use for research purposes, although you do not have to respond to them.
3. How do we use personal information?
3.1 We may use your personal information for the following purposes:
(a) to manage and administer the Website and The mobile app;
(b) to improve your browsing experience by personalising the Website and The mobile app;
(c) to enable you to use specific services of the Website and The mobile app;
(d) to enable customised discovery and search features in order to improve the relevancy of your experience;
(e) to send you newsletters and other relevant and targeted communications. You can always unsubscribe from email communication;
(f) to deal with important communication, enquiries, complaints and feedback from you and our service providers;
(g) to provide third parties with statistical anonymised information about our users with the purpose of improving our or their services;
(h) to offer you to take part in a survey and/or give feedback.
4. When might we disclose personal information?
4.1 Except to the extent required by any applicable law or governmental or judicial body, we will not disclose your personal information to any third party other than when required in order to provide the continuation of the service. You can always manage your personal information in the mobile app settings.
5. Newsletters and other promotional communications If you wish to subscribe to any newsletter published by us or wish to receive other targeted and relevant promotional communications from us or other carefully chosen affiliates, we offer you the option to “opt-in” to this service. If you change your mind and wish to stop receiving any such communications, please either email us at email@example.com or click the “unsubscribe” link in any email from us.
6.1 Cookies are text files stored, either on a temporary or persistent basis on the hard drive of your computer. Cookies are used for authenticating, session tracking and maintaining specific information about the use and users of the Website and The mobile app.
6.2 The data collected by cookies is anonymous. You can delete all cookies that are already on your computer`s hard drive by searching for files with "cookie" in it and deleting them. In addition, if you want to stop cookies from being stored on your computer, you can edit your browser settings so that cookies are blocked. Locappy shall not be liable for any damage caused by any of the users of the Website or The mobile app in an attempt to delete or block the cookies. Unfortunately, if you block cookies you may not be able to use the full and optimal functionality of the Website and The mobile app. For more information about cookies, please read from a relevant third party source.
6.3 Web beacons consist of a small string of software code that represents a graphic image request on a page or email. There may or may not be a visible graphic image associated with the web beacon and often the image is designed to blend into the background of a page or email. Web beacons can be used for many purposes - including site traffic reporting, unique visitor counts, advertising auditing and reporting, and personalization. Web beacons used by www.locappy.com collect only anonymous data.
6.4 In order to improve the Website and The mobile app and the services we offer you, we may use (temporary and persistent) cookies, authorized third parties cookies, web beacons and/or other technologies to collect non-personally identifiable data. This non-personally identifiable data helps us to track browsing behaviour, to create specific or tailor-made offers or advertisements, and to monitor and record the visits and use of the Website and The mobile app.
6.5 In order to understand how people use the Website and The mobile app and for marketing analysis and quality improvement purposes, we (and/or third party service providers) may collect, record, process and use on an anonymous basis certain information (including the total number of interaction, viewed pages, referring/exit pages, platform type, date/time stamp information and details like the number and location of mouse clicks on a given page, pointer movements, scrolling activity and the search words you use on the Website and The mobile app).
6.6 Locappy may allow third party data collection (e.g. social networks) to serve interest-targeted ads, in order to improve the relevancy of communication throughout. If you change your mind and wish to stop receiving any such communications, please email us at firstname.lastname@example.org.
7. Where we store your personal data
7.2 All information you provide to us is stored on our secure servers.
7.3 We take the security of your personal data very seriously. In particular we use all reasonable endeavours to ensure that appropriate security measures are in place to protect your personal data. Unfortunately, the transmission of information via the internet is not completely secure and so we cannot guarantee the security of all data transmitted through the Website and The mobile app; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to prevent unauthorised access.
9. Your rights The Act gives you the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com.
10. Access to information The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Terms specific to the Mobile App
The mobile uses bluetooth iBeacon technology and GPS tracking to show you the current neighbourhood location. This helps us tailor your experience in the app. These settings could be changed any time within your phone settings.
All your personal data is protected in accordance to the DPA '98.
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the provison that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, hand-outs or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
2. Disclaimer, Exclusions and Limitations
The information on this web site/app is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
(a) excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
(b) excludes all liability for damages arising out of or in connection with your use of this website or the app/mobile version. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
For merchants, credit cards, Paypal and other online methods are acceptable methods of payment. Our Terms are payment in full on a 1 month rolling subscription after the agreed trial period. The Company reserves the right to change this policy upon notice. For current customers the new policy will be discussed before being applied.
4. Cancellation Policy
If you wish to cancel your subscription, you will be charged until the end of the month i.e. if you are 3 weeks into a monthly rolling contract, you will be charged for the 4th week before the cancellation. Your information will still remain on the system and your package will be changed to FREE (locappy.com/pricing)
5. Termination of Agreements and Refunds Policy
We hold the right to cancel the monthly rolling contract if T&C of usage are not met. The client will be refunded on a prorata basis.
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company.
The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
7. Log Files
We use IP addresses, cookies and usage logs to analyse trends, administer the site/app, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
8. Links to this website You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
9. Links from this website We do not monitor or review the content of other party’s websites which are linked to and from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
10. Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our www.locappy.com/contact-us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers. Locappy Ltd is registered in England and Wales, Number 08700277J London, UK.
12. Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of England and Wales govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
15. Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
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