Terms And Condition Of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS APP
WHAT'S IN THESE TERMS?
These Terms of Service (together with the documents referred to herein) set out the terms on which you may use our LIMOR App (the “App”).
WHO WE ARE AND HOW TO CONTACT US
The App is operated by Less is Mor Limited (“we” or “us” or “LIMOR”). We are a private company limited by shares, registered in Ireland under company number 567123 and have our registered office at Unit 11D, Newgrange Business Park, Donore Road, Drogheda, County Louth, A92 EA27, Ireland.
To contact us, please email [email protected]. You can also find further details about us and how to contact us in the About Us/Contact Us section of the App.
BY USING OUR APP YOU ACCEPT THESE TERMS
By using our App, you confirm that you accept these Terms of Service and agree to comply with them.
By downloading our App, you confirm that you have the permission of the owners of the mobile device on which the App was downloaded in accordance with these Terms of Service.
These Terms of Service apply to the exclusion of any other terms that the User seeks to impose or incorporate.
If you do not agree to these Terms of Service, you must not use our App.
We recommend that you print a copy of these terms for future reference.
To register and use the Services you must be 16 years of age or older or the legal age of majority in your country of residence. You warrant that you are the legal age of majority in your country of residence and that you are capable of entering into a legally binding agreement to use our Services. If you are under the legal age of majority, you must have your parent or legal guardian’s permission to use our Services. Please have your parent or legal guardian read these Terms of Service with you. If you are a parent or legal guardian and you allow your child to use our Services, these Terms of Service apply to you and you are responsible for your child’s use of our Services.
WE MAY MAKE CHANGES TO THESE TERMS
We amend these Terms of Service from time to time. Every time you wish to use our App, please check these terms to ensure you understand the terms that apply at that time.
WE MAY MAKE CHANGES TO OUR APP
We may update and change our App from time to time to reflect changes to our products, our Users’ needs and our business priorities.
GLOSSARY OF DEFINED TERMS
In the Terms of Service, the following expressions have the following meanings unless the context otherwise requires:
“Acceptable Use Policy” means our acceptable use policy for the App, and any Services made available by us on the App.
“Account” means an account set up by a User with us to use the Services.
“Applicable Law” means (i) any and all laws, statutes, regulations, by-laws, orders, ordinances and court decrees that apply to the performance, supply and use of the Services; and (ii) the terms and conditions of any approvals, consents, exemptions, fillings, licences, authorities, permits, registrations or waivers issued or granted by, or any binding requirement, instruction, direction or order of, any applicable government department, authority or agency having jurisdiction in respect of that matter.
“Content” means any information, files, data, reports, materials, articles, publications, images, media, videos, audio and other recordings, comments, code or other content of any kind.
“Content Standards” means the standards that must be complied with when a User uploads to or makes available on the App and/or the Services any Content, as further described in the Acceptable Use Policy.
“Contribution” means any contribution made or Content uploaded to and made available on the App and/or the Services by a User.
“Controller” with regard to Personal Data, has the meaning given to it under the GDPR.
“Data Protection Legislation” means all Applicable Law, including the GDPR, any binding codes of practice or regulations or other legislation made under or separate to the GDPR relating to the Processing of Personal Data.
“Data Subject” with regard to Personal Data, has the meaning given to it under the GDPR, and for these purposes may include a User.
“EEA” means the European Economic Area.
“GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data as applicable as of 25 May 2018, as may be amended from time to time.
“Intellectual Property Rights” or “IPR” means patents, utility models, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“LIMOR IPR” means all IPR owned and/or controlled by Less is Mor Limited in and to the App and the Services.
“Personal Data” has the meaning given to it in the GDPR.
“Personal Data Transfers” means the transmission of data through a network, or any communication, copying or transmission of Personal Data from one medium to another, irrespective of the type of support, since these Personal Data are intended to be processed and/or stored in the Third Country.
“Processing” with regard to Personal Data, has the meaning given to it in the GDPR and the expression “process” shall be construed accordingly.
“Services” means the services provided by LIMOR to a User pursuant to the Terms of Service.
“Sub-Processor” means another Processor engaged by the Company to carry out Processing activities in respect of User Personal Data.
“Third Country” means all countries that are not members of the EEA, or which have not been recognised by the European Commission as providing an adequate level of protection for Personal Data.
“User” means a user of the App and/or the Services.
“You” or “Your” under these Terms of Service means the User.
SUPPLY OF SERVICES
Subject to the User discharging the subscription amount (where applicable), LIMOR shall provide the Services to the User in accordance with these Terms of Service and any rules or policies by any Appstore provider and/or operator from where you downloaded the App.
We shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for maintenance which may cause Users to experience a short period of downtime. LIMOR will not be liable for any failure to supply the Services in circumstances where the failure to supply the said Services arises as a result of external factors not within its control.
WE MAY SUSPEND OR WITHDRAW OUR APP
We do not guarantee that the App, or any Content on the App, will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our App through your internet connection are aware of these Terms of Service and other applicable terms and conditions, and that they comply with them.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these Terms of Service to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
The User shall:
a.provide LIMOR with all necessary co-operation in relation to these Terms of Service and all necessary access to such information as may be required by LIMOR in order to provide the Services to you;
b. without affecting its other obligations under these Terms of Service, comply with all Applicable Law, including but not limited to applicable Data Protection Legislation, with respect to its activities under these Terms of Service;
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a User identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
If you know or suspect that anyone other than you knows your User identification code or password, you must immediately notify us at [email protected].
We offer certain premium versions of the Services for a fee (“Subscription Fee”). The premium services provide you with access to certain enhanced features of the Services. The Subscription Fee is billed on a recurring monthly basis.
If you wish to purchase the premium version of the Services you will be asked to supply certain information relevant for your purchase including, without limitation, your credit card number or any other information related to means of payment.
During the ordering process we will tell you when and how you can end the contract.
User shall pay the Subscription Fee to LIMOR for the Services ordered. If LIMOR does not receive payment within 14 days after the due date, and without prejudice to any other rights and remedies of LIMOR, LIMOR shall disable the User’s password, account and access to all or part of the Services and LIMOR shall be under no obligation to provide any or all of the Services while the Subscription Fee remains unpaid.
All Subscription Fees, unless otherwise provided herein, that have been paid are non-cancellable and non-refundable.
You may also be subject to and are responsible for any and all network charges from your internet/mobile phone provider which arise due to your use of our App.
SALE OF USER-GENERATED CONTENT
The sale of User-generated Content may only take place via LIMOR’s third party payment provider MangoPay. Your use of the LIMOR digital wallet facilitated by MangoPay, is subject to the [MangoPay terms of service]. By using the digital wallet, you hereby consent and authorise LIMOR and MangoPay to share any information and payment instructions you provide to the extent required to complete payments via MangoPay. An agreement for and/or purchase of Content is made solely between you and the selling User. Complaints, questions and claims relating to sale Content should be directed to the relevant User. The seller of any Content will pay us a commission on the total transaction amount received by the seller (including VAT and another other applicable taxes, if any) in respect of any sale Content (“Commission”). LIMOR charges a 4.5% fee for all sales made of User Content. The Commission is automatically charged on the total transaction and will be deducted from your digital wallet. The Commission is inclusive of value added or other sales taxes (where applicable).
We may block or hold payments that may be due to you, for violations of our policies and/or these Terms of Service or for compliance reasons, including collecting tax reporting information.
PERSONAL DATA PROCESSING
To register and use the Services, each User must:
a. provide his/her full legal name, a valid email address and contact number, and any other information reasonably required in order to complete the sign-up process;
b. meet the age requirements to use our Service;
c. be a human being. Accounts registered by “bots” or other automated methods are not permitted; and
d. comply with these Terms of Service, including the Acceptable Use Policy.
Your Account remains valid unless it is cancelled or terminated.
When you set up and use your Account with us you enter into a contract with us. In order for us to perform that contract and make the Services, and your Account available to you, as a User, we will be required to collect, Process and store certain Personal Data about you. This Processing is necessary for the performance of our contract with you or in order to take steps at your request prior to entering into the contract.
We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. Some of these third parties may provide their services from locations outside the EEA. This means your Personal Data may be shared with our authorised third-party vendors and stored on their servers for these purposes.
You understand that the technical processing and transmission of the Services, including your Content, involves:
a. transmissions over various networks;
b. processing of Personal Data both within and without the EEA; and
c. changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to the transmission of your Personal Data to, and Processing of your Personal Data by us and our authorised third-party vendors for these purposes.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our App contain links to other sites, apps and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites, apps or resources.
You remain responsible for any links to third party sites embedded in or referred to in your Content and shall only include any such links in compliance with these Terms of Service.
PROPRIETARY RIGHTS AND GRANT OF LICENCES
All Intellectual Property Rights in and to the App and the Services are owned by LIMOR and/or its licensors.
By subscribing to the Services and/or publishing Content/Contributions to our App, you:
a. understand you are responsible for your Content, its accuracy and reliability;
b. understand that the Content you publish or upload to the App will be published on the App, and available to or accessible by other Users to view, listen and/or download;
c. hereby grant LIMOR a perpetual, non-exclusive, royalty-free licence to use, publish, store, process your Content on the App, and to make it available or accessible to other Users to view, listen or download;
d. that you have the necessary consents, licences and/or permissions to upload such information;
e. warrant and represent to LIMOR that the Content is your work and/or that you have all necessary permissions and authority to publish and make available the Content and that to the best of your knowledge, your Content does not infringe upon the Intellectual Property Rights of any third party;
f. agree not to copy the App or the Content except where such copying is incidental to the normal use of the App, or where it is necessary for the purpose of back-up or operational security;
g. agree not to rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify the App or the Content;
h. agree not to make alterations to, or modifications of, the whole or any part of the App or the Content, or permit the App, the Content or any part of it to be combined with, or become incorporated in, any other programs;
i. agree not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or the Content or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the App with another software program;
(ii) is not necessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the App.
j. agree to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App; and
k. agree not to provide or otherwise make available the App or the Content in whole or in part (including object and source code), in any form to any person without prior written consent from us.
If you are found to be engaging in or have engaged in copyright infringement we reserve the right, without prejudice to or limiting any other remedies that may be available to us, to suspend or deactivate your Account indefinitely and to ban you from using our App. The copyright owner may also sue you directly for infringement of copyright in Contributions made by you to our App.
Subject to these Terms of Service, LIMOR grants to the User a non-exclusive, royalty-free, non-transferable, non-sub-licensable, revocable, time-limited personal licence to use the LIMOR IPR solely for the purposes of using the App and the Services. Except as expressly stated herein, these Terms of Service do not grant you any rights to, under, or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the App and/or the Services.
DO NOT RELY ON INFORMATION ON THIS APP
Although we make reasonable efforts to update the information on our App, we make no representations, warranties or guarantees, whether express or implied, that the content on our App is accurate, complete or up to date.
USER-GENERATED CONTENT IS NOT APPROVED BY US
Our App comprises information and materials uploaded by other users of the App, including profiles, direct messages and/or group chats. This information and these materials have not been verified or approved by us. The views expressed by other users on our App do not represent our views or values.
We do not support any opinions expressed on the App or in the Content, nor do we guarantee the reliability, truthfulness or accuracy of any Content. Although we take steps to monitor the Content from time to time you may be exposed to Content which is, for example, inaccurate or misleading.
We reserve the right at all times to remove your Content from the App, if in our sole discretion, we consider that you are abusing the App or are otherwise acting in breach of these Terms of Service.
HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
While we do not exclude or limit in any way our liability to you where it would be unlawful to do so, in no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Services.
If you are a business User, we exclude all implied conditions, warranties, representations or other terms that may apply to our App and/or the Services or any content on it.
To the maximum extent permitted by applicable law, our total liability to you shall be limited to the amount of Subscription Fee paid by you (if any) within the six-month period preceding the event that gave rise to the claim or €100, whichever is lower.
In no event shall LIMOR, its employees, agents and/or sub-contractors be liable to you for any loss, liability, damages, claims or expenses to the extent arising as a result of:
a. a modification of the Services by anyone other than LIMOR;
b. the Content or other Contribution made, uploaded or published by you on the App;
c. your use of the Services in a manner contrary to the instructions given by LIMOR; or
d. your use of the Services after notice of the alleged or actual infringement from LIMOR or any appropriate authority.
If you are a consumer User, this will not affect your statutory rights.
The information, products and services contained in the Services are presented to you “as is” without any warranty and are for information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the applications, information, products, services, or related graphics contained on the Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
All representations, warranties, terms and conditions whether express or implied in relation to Services or the information contained therein are hereby excluded to the fullest extent permitted by law.
You agree and understand that LIMOR does not warrant that:
a. the Services will meet your specific requirements;
b. the Services will be uninterrupted, timely, secure, or error-free;
c. the quality of the products, services, information, Content or other material purchased or obtained by you through the Services will meet your expectations; and
d. any errors in the Services will be corrected.
You agree to indemnify and hold harmless LIMOR from any claim or demand, including without limitation reasonable legal fees, arising out of or in connection with (i) any negligent or wilful act by you or any breach by you of these Terms of Service, including any breach of warranty by you or failure to comply with applicable Data Protection Legislation; and (ii) any claim made by a third party that the Content published, or any other Contribution made by you to, the App and/or the Services infringes its Intellectual Property Rights.
LIMOR has no control over the User Content communicated and published. LIMOR has no responsibility over the identity, background or the qualifications of the Users. You should use common sense and good judgement while interacting with other Users through our Services.
The Services allow Users to communicate. We do not intervene in such interactions.
Some of your communication and User Content may be made publicly available on the Services or by third parties through the use of social networks. You take full responsibility for such publications and User Content and agree to respect any relevant third-party terms and conditions. We will not be responsible for such communication. We would also like to remind you that such information may remain public for a long time.
UPLOADING CONTENT TO OUR APP
Whenever you make use of a feature that allows you to upload content to our App, or to make contact with other users of our App, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution 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.
You represent and warrant that you have and will continue to have all necessary rights which are required for you to post your Content on the App and for LIMOR to use your Content for the purpose of the provision of the Services.
Any content you upload to our App will be considered non-confidential and non-proprietary. Accordingly, you should only post Content that you are comfortable sharing with other Users. You retain all of your ownership rights in your Content, but you are required to grant us and other Users of our App a limited licence to use, store and copy that Content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our App constitutes a violation of their Intellectual Property Rights, or of their right to privacy. We have the right to remove any posting you make on our App if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your Content.
We do not store terrorist content.
RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post Content to our App, you grant us the following rights to use that Content:
- a worldwide, perpetual, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by our App and across different media including to promote our App;
- a worldwide, perpetual, non-exclusive, royalty-free, transferable licence for other users, to use the Content in accordance with the functionality of the App.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our App will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our App. You should use your own virus protection software.
You must not misuse our App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our App, the server on which our App is stored, or any server, computer or database connected to our App. You must not attack our App via a denial-of-service attack or a distributed denial-of service attack. 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 App will cease immediately.
CANCELLATION AND TERMINATION OF USER’S ACCOUNTS
LIMOR may restrict your access to the App and the Content, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where:
(a) there is a regulatory or statutory change limiting our ability to provide access to the App and/or Content;
(b) there is any event beyond the reasonable control of LIMOR preventing us from providing access to the App and/or Content e.g., technical difficulties etc.
We may terminate your Account at any time upon notice should you violate these Terms of Service or otherwise fail to comply with your obligations thereunder.
If your Account is dormant for a period of two years, we will use reasonable efforts to contact you to ask if you wish for your Account to be retained or terminated.If we do not hear from you within fourteen calendar days from the date we communicated with you or if we cannot reach you using reasonable efforts, your Account shall be terminated.
Upon cancellation or termination of your Account, all of your Content shall be deleted from your Account and all rights granted to you under these Terms of Service shall cease immediately.
CONSEQUENCES OF TERMINATION
You understand that certain Content and/or Contributions published by you which is or was published on the internet or otherwise made part of the public domain by you, a User’s Content and/or Contribution may continue to be published, publicly accessible or archived online.
WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
Please note that these Terms of Service, their subject matter and their formation, are governed by Irish law. You and LIMOR both agree that the courts of Ireland will have exclusive jurisdiction.
If any provision of these Terms is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of these Terms will remain in full force and effect. The Terms of Service represent the entire agreement governing use of the Services and supersede any prior or contemporaneous written or oral statements made by us or our representatives. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
To the maximum extent permitted by Applicable Law, LIMOR shall have no liability to any User under these Terms of Service if it is prevented from or delayed in performing its obligations under these Terms of Service, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of LIMOR or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.