These terms and conditions ("Terms and Conditions") constitute an agreement between you and Bubbles Online Services Ltd of Alderney House, 58 Normandy Street, Alton. Hampshire GU34 1DE ("we", "us", "our") in relation to your use of the "JISP" mobile application (the "App") that may be downloaded from the app store and installed to your mobile device (the "Device"), and any upgrades and updates to the App from time to time. The terms on which you download the App will be the terms and conditions applicable to the app store.
By downloading and installing the App to your Device, you agree to be legally bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, you should not install or use the App, and you should remove the App from your Device if it has already been installed.
We may withdraw our support for the App or introduce a charge or charges applicable to the use of the App at any time. We will notify you if we do so through the App and/or through our website.
We may amend these Terms and Conditions from time to time by uploading replacement terms and conditions to the App and/or to our website and/or by emailing them to you. By continuing to use the App following replacement terms and conditions being uploaded and/or emailed to you, you agree to be bound by the replacement terms and conditions. These Terms and Conditions are current as of 1 June 2015.
You may remove the App from your Device at any time. You will have no further obligations or liabilities to us under these Terms and Conditions if you remove the App from your Device, other than those obligations and liabilities (if any) owing to us in respect of the period prior to your removal of the App.
2. Use of the App
The App has been designed to facilitate shopping making it a more personal experience. This will include visits to shops and other businesses such as a restaurants, hotels, sporting venues, cinemas and theatres.
The vast majority of the services provided by the App, how they interact and the information shared is controlled and can be changed at any time by you.
The App works in three distinct ways; a) helps businesses you are engaged with whether online or in the high street (presently or previously) to serve you better; b) provides offers and product matches based on the products / services you are searching for; c) makes suggestions based on your interests.
The App works by intelligently matching products and services based on your Profile, Search History (including shop visits) and/or Favourites
You can remove your profile and preference by selecting the appropriate 'Menu' then choosing 'Profile' or 'Preferences'.
A device known as a "Beacon", which emits a low-energy Bluetooth signal, is detected by your mobile (so long as your Bluetooth setting is switched to 'On'). The App identifies the Beacon which in turn through our software gives us your location (ie., the business premises). Other Beacons in the premises can indicate your location within a shop department.
Depending on your permissions and the information you have provided in relation to your profile, history and interests and provided that your Device is within the range of the relevant Beacon, the App will receive relevant content to help you with your visit and/or shopping.
All offers, product matches and any information pertinent to your visit can be recorded, with your permission, into your 'Timeline' - a feature which allows you to review products and/or offers that were derived from visits, searches or recommendations, whether from websites or a business in the high street.
We are not liable for any product, offer and/or any service supplied by a business promoted through JISP or our Company. We do not assume any responsibility or liability for the terms of any Offers or efficacy of any product or service therein promoted through JISP or our Company.
You should notify us using the contact details available on our website if you believe that any Offer is not genuine or if you believe that a business has misrepresented the terms of any Offer to you or to others, but we are under no obligation to you to investigate, and any claim that you do have arising from or in connection with an Offer or the conduct of a business must be made directly with the relevant business.
By redeeming an Offer, you enter into a contract with the relevant business. All representations made by a business in relation to the terms of an Offer, or the goods or services to which an Offer relates, are made solely by the business and not by us. We will not be liable to you in relation to or in connection with any of the goods or services provided to you by a business and we give no warranties and make no representations to you in respect of any goods or services provided to you by a business, including warranties of quality, fitness for a particular purpose, and non-infringement of proprietary rights.
The App may offer additional functionality from time to time, including the provision of maps. In doing so, the App may use the location settings on your Device to enable the App to identify your location. If you do not wish for the App to identify your location, you will need to disable the geo-location function on your Device using the settings of your Device. However, if you do so, you may not be able to benefit from the full functionality of the App.
3. Restrictions of use
a. You agree that:
you will comply with any applicable restrictions on downloading, using or otherwise exporting the App;
you will not install or use the App on a jail-broken or rooted device;
you will not use the App in any unlawful manner or in a fraudulent or malicious manner;
you will not attempt to derive income from the use or provision of the App, whether for direct commercial or monetary gain or otherwise;
you will not bypass or attempt to bypass the in-built security of the App or of our systems; and you will not attempt to interfere with any transmissions to or from the App and/or the servers supporting the App.
4. Intellectual property
We grant you a limited, non-exclusive, non-transferrable, revocable licence to access, view, download, install and use the App for the purposes set out in these Terms and Conditions.
You must not modify, reproduce, distribute, or publish the App or any documentation or materials from which the App is created. You must not, and must not attempt to, reverse-engineer, create derivative works out of, or decompile the App or any part of the App.
You must not remove or alter, or reuse in any manner or for any other purpose, any copyright, trade mark, or other notices that have been placed within the App.
We (or the persons who have licensed the relevant rights to us) retain all rights in the App and its contents other than the rights granted to you under this paragraph
5. Disclaimer of liability
You acknowledge that the App is provided to you free-of-charge. Accordingly, we exclude all terms relating to its quality, availability and functionality and will not be liable to you for any damage, loss, cost or expense resulting from your use of the App or if the App is unavailable, does not function as anticipated or is inaccurate.
Nothing in these Terms and Conditions will limit our liability to you in respect of:
death or personal injury caused by our negligence;
ii. our fraud or fraudulent misrepresentation.
In all other cases, we will only be liable for the reasonably foreseeable losses incurred by you to the extent arising from our breach of these Terms and Conditions, except for:
any loss resulting from any failure or delay in the delivery of electronic communications, or the interception or manipulation of electronic communications by third parties;
or any loss of profit, loss or corruption to data, loss of business, loss of opportunity, or loss of anticipated savings (in each case, for the avoidance of doubt, whether direct or indirect).
Any reference in these Terms and Conditions to the words "include" or "including" (or any similar term) is not to be read as implying any limitation because they are followed by words that indicate a particular class of acts, matters or things.
You acknowledge that no waiver by us of any breach of any provision of these Terms and Conditions by you will be considered as a waiver of any subsequent breach of the same provision or any other provision, and that no other action by us in respect of a breach by you will bind us to take the same action in respect of future breaches.
You may not assign any of your rights under these Terms and Conditions to any other person without our prior written consent.
If any of these Terms and Conditions is found to be invalid or unlawful, the relevant provision will be severed from the remainder of these Terms and Conditions, and the remainder of these Terms and Conditions will continue to be valid and enforceable to the fullest extent permitted by law.
These Terms and Conditions and any dispute or claim between you and us arising out of or in connection with it or its subject matter will be governed by the laws of England. By agreeing to be bound by these Terms and Conditions, you agree to submit to the jurisdiction of the English courts.