Terms of use
1. APPLICATION OF THESE TERMS AND CONDITIONS
1.1. These terms and conditions (together with our privacy policy) set out the rules for accessing or using the Jacapo app via our website (https://jacapo.app/) (the Website) or mobile application (the Jacapo app).
A reference to ‘Users’ in these terms and conditions means anyone using the Jacapo app or the Website.
2. WHO WE ARE
2.1. We are Jacapo Technologies Ltd, a company registered in England and Wales under company number 13261731, whose registered office is at Jacapo Technologies Ltd, 18 Warwick rd, Margate, CT9 2JY, referred to in these terms as (Jacapo / we / our / us / the Jacapo app / the app).
3. USING THE JACAPO APP
In using the Jacapo app you agree to:
(a) not rent, lease, sub-license, loan, provide, or otherwise make available or transfer the Jacapo Platform in any form, in whole or in part to any person without our prior written consent. If you sell any device on which a mobile application of the Jacapo app is installed you must first remove the mobile application from it;
(b) not copy the Jacapo app, except as part of the normal use of the mobile application or where it is necessary for the purpose of back-up or operational security;
(c) not translate, merge, adapt, vary, alter or modify the whole or any part of the Jacapo app, nor permit the Jacapo app or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Jacapo app on devices as permitted in these terms and conditions;
(d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Jacapo app.
(e) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Jacapo app.
4. YOUR JACAPO CONTENT (COLLECTIONS, POSTS, IMAGES)
When you use the Jacapo app, you may create your own collections, post content or upload images. You retain all of your rights in the creation of this content but you are required to grant us and other users a non revocable licence to use, store and copy that collection in its entirety, or in part and to distribute and make it available to third parties. Any data derived from user content remains the property of the Jacapo app.
Unless you select to make a collection private, any collection you create will be public, which means they can be accessed by all users. We recommend that you consider this carefully when creating a collection.
If you are designated as a ‘Jacapo expert’, you agree to us promoting your content in other areas of the app, as well as us using data points from those your collections to create our own published collections.
5. RESPECTING INTELLECTUAL PROPERTY RIGHTS AND PRIVACY
Jacapo respects intellectual property rights and rights to privacy and asks that users do the same. As a user you warrant that:
(a) any collection will comply with these terms and conditions and will not infringe any third party’s intellectual property rights or rights to privacy; and
(b) you have the right to provide Jacapo with any collection from which any living individual can be identified, and that you have informed any such individual of, or obtained his or her consent (as appropriate) to your intended use of his or her personal data, which may include a transfer to a country which does not have adequate safeguards in place to protect that personal data.
If we receive a notice of alleged:
(a) intellectual property right infringement; or
(b) breach of a right to privacy, Jacapo may delete or disable all or part of the collection alleged to be infringing intellectual property rights or breaching rights to privacy, without prejudice to its rights to terminate your right to use the Jacapo app or suspend your access to the Jacapo app.
6. USING THE JACAPO APP OR THE WEBSITE
You agree to use the Jacapo app for lawful purposes only and agree not to:
(a) use the app in any way that breaches any applicable local, national or international law or regulation;
(b) use the app or any part of it in any unlawful manner or for any unlawful purpose, or in any manner inconsistent with these terms of use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, Trojan horses, worms, time-bombs, spyware or harmful data, into the app or any operating system
(c) use the app for the purpose of harming or attempting to harm minors in any way;
(d) without prejudice to clause 5, infringe our intellectual property rights or those of any third party in relation to your use of the app, including by the submission of any collections (to the extent that such use is not permitted by these terms and conditions);
(e) transmit any material that is defamatory, offensive or otherwise objectionable when using the the app;
(f) use the Jacapo in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with the use of the Jacapo app for other users
(g) access without authority, interfere with, damage or disrupt any part of the app, any equipment or network on which the app is stored, any software used in the provision of the app, or any equipment or network or software owned or used by any third party;
(h) collect or harvest any information or data from the Jacapo app or our systems or attempt to decipher any transmissions to or from the servers running the app;
(i) send, knowingly receive, upload, download, use or re-use any material which does not comply with the content guidelines set out in clause 7; or
(j) transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (for example, spam).
The Jacapo app will include information and materials uploaded by users (for example, collections, photos, profile information). The information and materials used have not been verified or approved by us and the views expressed by users do not represent our views or values.
If you wish to complain about any information or materials uploaded by users, please notify us by email at support@jacapo.app or by post at Jacapo Technologies Ltd, 18 Warwick rd, Margate, CT9 2JY
7. CONTENT GUIDELINES
These content guidelines apply to all content which you might upload or contribute to the Jacapo app (for example, a collection). Please be nice.
You agree that your content (for example, a collection) will:
(a) be accurate (where it states facts);
(b) be genuinely held (where it states opinions); and
(c) comply with the law applicable in England and Wales and in any country from which it is posted.
Content (for example, a collection) uploaded or contributed by you must not:
(a) be defamatory of any person;
(b) be obscene, offensive, hateful or inflammatory;
(c) contain sexually explicit material;
(d) promote violence;
(e) promote or display discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) infringe any copyright, database right, design right or trademark of any other person;
(g) be likely to deceive any person;
(h) breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(i) promote any illegal activity;
(j) be in contempt of court;
(k) be threatening, abusive or invade another person's privacy, or cause annoyance, inconvenience or anxiety;
(l) be likely to harass, upset, embarrass, alarm or annoy any other person;
(m) impersonate any person, or misrepresent your identity or affiliation with any person;
(n) give the impression that the content uploaded or contributed by you emanates from us;
(o) advocate, promote or incite any party to commit, or assist any person to commit, any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; or
(p) contain any statement which you know or believe, or have reasonable grounds for believing, is likely to be understood by relevant members of the public as a direct or indirect encouragement of or inducement to the commission, preparation or instigation of acts of terrorism.
8. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Jacapo app and/or printed materials or online documentation belong to Jacapo (or our licensors) and that you have no licence of intellectual property rights in, or to, the Jacapo app other than the right to use the platform and/or any other feature on the Website in accordance with these terms and conditions.
If you provide us with comments or feedback in respect of the Jacapo app, you acknowledge that we may use such comments or feedback without any obligation to you.
9. CHILDREN
The Jacapo app is not intended for and may not be used by anyone under the age of 13. If you are under the age of 13, you must stop using the app immediately. If you are under the age of 18, you must obtain your parent’s or legal guardian’s consent before using the Jacapo app.
We will delete any data we hold about a child under the age of 13 if we learn that he or she has used the Jacapo app without his or her parents or legal guardian’s consent.
Please contact us by email at support@jacapo.app if you believe that data about a child under the age of 13 has been uploaded to or shared on the app.
10. HOW TO CONTACT US IF YOU HAVE ANY PROBLEMS
If you have any problems with the Jacapo app, please contact our customer service team at support@jacapo.app
11. TERMINATION AND SUSPENSION
We may terminate your right to use the Jacapo app:
(a) with immediate effect by notifying you by email if you commit a breach of any of these terms and conditions; or
(b) by giving you not less than 7 days’ notice by email for any other reason or for no reason.
Upon termination by us for any reason:
(a) your right to use the Jacapo app shall cease and you must cease all activities authorised by these terms and conditions; but
(b) We may continue to use the collections created by you and/or any places added to the Jacapo app.
Without prejudice to our right to terminate your right to use the Jacapo app, we may suspend access to the Jacapo app if we suspect that there has been any misuse of the app or breach of these terms and conditions. If you are suspended, your access will be blocked.
You may stop using the Jacapo app at any time. If you are an expert and would like your account to be deleted, you must contact Jacapo by email at support@jacapo.app or by post at Jacapo Technologies Ltd, 18 Warwick rd, Margate, CT9 2JY
12. DISCONTINUATION OF THE JACAPO APP
The Jacapo app is made available to you free of charge. We do not guarantee that the app will always be available or be uninterrupted.
We may discontinue or restrict the availability of the Jacapo app for business and operational reasons. We will try to give you notice of such discontinuation.
13. LIMITATIONS OF THE JACAPO APP
The Jacapo app has not been developed to meet your individual requirements and is provided for general information only. The app does not offer any advice on which you should rely. Although we make reasonable efforts to update the information provided by the app, we make no representations, warranties or guarantees, whether express or implied, that such information or any information in a collection is accurate, complete or up to date.
14. CHANGES TO THESE TERMS AND CONDITIONS AND THE JACAPO APP
We may update these terms and conditions and/or the app from time to time:
(a) to reflect any changes in relevant laws and regulatory requirements; or
(b) to make improvements or enhancements to the Jacapo app and the website.
If we do so, we will give you not less than 7 days’ notice by displaying this information on the app and notify you by email. Continued use of the Jacapo app after expiry of such notice period will signify that you agree to such changes.
15. OTHER IMPORTANT TERMS
We may transfer our rights under these terms and conditions to another organisation. We will always tell you if this happens by posting a notification on the app and / or emailing you. Transfer of rights to another company may affect your rights under these terms and conditions. You may only transfer your rights under these terms and conditions to another person if we agree in writing.
These terms and conditions apply to you and us and no other person shall have any rights to enforce any of these terms and conditions.
If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking these terms and conditions, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.
If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the intention of Jacapo and you.
These terms and conditions are governed by English law. If you are using the Jacapo app for business purposes then you may only bring legal proceedings in the English courts. If you are not using the app for business purposes then you may bring legal proceedings in respect of the app in the English courts, but also the courts where you are habitually resident if you do not live in England or Wales.
These terms & conditions have been updated since 06/10/21