Please carefully read the following Terms of Service (the “Terms”). By downloading Nearly Departed (the “App”), or by using or accessing any of the services, features, or Content provided by the App or its website (collectively, the “Services”), You agree to be bound by the Terms and You signify that You have read and understood them. If You do not agree with the Terms, You may not use the Services in any way.
The App and Services are owned and operated by Matthew Flint, trading as Green Light Apps (“we” or “us”).
Use of the Services may be subject to additional terms and policies, including, without limitation, the terms governing the use of Apple devices, Apple’s “App Store”, and National Rail Enquiries’ “Darwin” service. You bear the sole and exclusive responsibility for complying with any such additionally applicable terms and policies.
These Terms of Service apply to any user of the Services (“You”), including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
Use of the App is free of charge, except for certain services, features, or content that may be subject to fees at the rates and schemes determined by Us, and posted on the relevant pages within the Services (“Paid Services”). Access to Paid Services may only be purchased through the platform on which you are using the App (Apple iOS or iPadOS). We may, at any time and in Our sole discretion, change Paid Services to be free-of-charge, or alter the cost of Paid Services.
We may, at any time and in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
For purposes of these Terms, the term “Content” includes, without limitation, information provided or otherwise made accessible on or through the Services.
Rules of Conduct
When using the Services, You agree to refrain from:
- Breaching these Terms or any other applicable rules and instructions that We may convey with respect to the Services;
- Interfering with, burdening or disrupting the functionality of the Services;
- Breaching the security of the App or Services or publicly identifying any security vulnerabilities in them;
- Circumventing or manipulating the operation or functionality of the Services, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Services;
- Sending automated or machine generated queries;
- Using robots, crawlers and similar applications to collect and compile content from the Services or send data to the Services including for the purposes of competing with the Services, or in such ways that may impair or disrupt the Services’ functionality;
- Displaying or embedding content from the Services, including by any software, feature, gadget or communication protocol, which alters the content or its design;
- Linking to the Services from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;
- Engaging in any activity that constitutes a criminal offence or gives rise to civil liability; or
- Violating any applicable law.
Third Party Services
The Services rely on information from other websites, services or resources on the Internet including those that provide Content through my Services, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content or services available on or through any such website or resource.
We have no special relationship with or fiduciary duty to You. You acknowledge that We have no duty to take any action regarding the Content you access via the Services, nor how you may interpret or use the Content.
You release us from all liability for You having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy of Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
You shall defend, indemnify, and hold harmless us, our affiliates and each of my and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable lawyer fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms, or infringement by You, or any third party using your identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in asserting any available defences.
Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS OR MALWARE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES.
Governing Law and Jurisdiction
We reserve the right, in our sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, or Content) at any time by posting updates and/or changes to the Site (or the applicable Services) or by sending you notice through the Services or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You shall be responsible for reviewing and becoming familiar with any such modifications, including by checking these Terms periodically for changes. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes.
Assignment. You may not assign or transfer Your rights and obligations under these Terms without my prior written consent. Any attempted or actual assignment by You, without our prior written consent, shall be null and void.
Changes in ownership. In the event of M&A, we may, upon notice to You and without obtaining Your consent, assign and delegate these Terms, including all of my rights, performances, duties, liabilities and obligations contained herein, to a third party in which case the assignee assumes my stead and we are irrevocably released from all performances, duties, liabilities and obligations contained herein.
Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.
Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term “Including”, whether capitalised or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
Entire agreement. These Terms constitute the entire agreement between You and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
Waivers. No waiver, concession, extension, representation, alteration, addition or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorised representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of my rights under these Terms.
Relationship. These Terms do not create any agency, partnership, employment or fiduciary relationship between You and us.
At any time, You may contact us with any question, request, comment or complaint that You may have with respect to the Services or these Terms, at firstname.lastname@example.org.
History of these terms
- 19 June 2021: First published