Goozby Terms of Service

Version Date: March 21, 2019

Welcome to Goozby.

Humankind Technologies Ltd, a private limited company incorporated in England (Company Number: 11457770) having its registered office at 20-22 Wenlock Road, London, N1 7GU (collectively “Humankind Technologies”, “us” or “we”), provides our website located at (the “site”) and the related mobile application (“App”). For ease of reading, the Site and App are collectively referred to as the “Services”. Please read these terms of service and the Goozby privacy policy carefully before using the app.

1. Agreement to the Terms of Service

By using the Services you agree to these Terms of Service and the Goozby privacy policy (together, the “Goozby User Agreement”). If you don’t agree to be bound by the Goozby User Agreement, do not use the Services.

2. Who May Use the Goozby App

If you are under the age of 13 you must ask your parent or legal guardian to give you their permission for you to use the Services. If you are a parent or legal guardian, the Goozby User Agreement sets out the terms of the agreement we have with the child you are responsible for. By allowing your child to use the Services, you agree to the Goozby User Agreement on your child’s behalf.

If you have any questions regarding anything in the Goozby User Agreement, please contact us here.

3. Changes to the Goozby User Agreement

We may modify the Goozby User Agreement at any time, at our sole discretion. We will try to notify you of material changes to the Services or Goozby User Agreement by placing a notice on or by any other form of communication we deem suitable. It’s important that you review the Goozby User Agreement whenever we modify it because if you continue to use the Services after we have posted a modified Goozby User Agreement on the Site, you are indicating to us that you agree to be bound by the modified agreement.

Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

The most current version of the Goozby User Agreement will be available on and will supersede all previous versions of the Goozby User Agreement.

4. Your Goozby Account

Certain parts or features of the Services may require the creation of an account (“Account”) or may otherwise ask you to provide information to participate in certain features or to access certain content. You agree that you will not provide any false information to the Services, or create an account for anyone other than yourself without their permission. You will also not create more than one personal profile, and if you select a username for your account, we reserve the right to remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (e.g. if a trademark owner complains about a username).

If you register with the Services, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer and/or device so that others may not access the password protected portion of the Services. You accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your Goozby account or any passwords used on the Services.

Humankind Technologies may, at its sole discretion, and at any time, with or without notice and without any liability to you, disable, terminate or suspend your Goozby Account, for any reason or no reason at all. If we disable, terminate or suspend your Account, you agree that you will not create another Account without our express written permission.

5. Content

For purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Services. Content includes without limitation User Content.

All Content included on the Services, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Humankind Technologies Ltd., our affiliates or other relevant third parties. By continuing to use the Services you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Any feedback, comments or suggestions you may provide regarding the Services (or any parts thereof) is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligations to you.

6. License to the Services

Subject to your compliance with these Terms, Humankind Technologies grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

By making any User Content available through the Services you hereby grant to Humankind Technologies Ltd. a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users.

In consideration for Humankind Technologies granting you access to and use of the Services, you agree that Humankind Technologies and its third-party providers and partners may place advertising and rewards on the Services or in connection with Content or information from the Services whether submitted by you or others.

7. Third Party Sites & Content

The Services may contain links to third party websites, applications, or resources, which may or may not be obvious as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software applications, advertising, promotions and other content originating from third parties (collectively, “Third Party Content”).

Unless expressly stated, these websites, applications and resources are not under the control of Humankind Technologies or that of our affiliates. We assume no responsibility for the Content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Content, websites, resources, or applications and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on the Services does not imply any endorsement of any information, product or service that is offered on or reached through such Third Party Content, or of those in control of them.

If you decide to leave the Services you acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites, applications, or resources.

8. Promotions

From time to time, the Services may offer sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Services may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects. To the extent there is a conflict between these Terms and the terms of such official rules, the contests’ or sweepstakes’ official rules will govern the use of material that is submitted by you when you enter the contest or sweepstakes.

9. Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time, without notice and without any liability to you. You may terminate your Account at any time by sending an email to us here. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

10. Disclaimer

The Services may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons outside Humankind Technologies’ control. Humankind Technologies assumes no responsibility and cannot be liable for any delays, interruptions, errors, defects, omissions, or deletions, related to or arising from the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorised access to user communications, any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail on account of technical problems or traffic congestion on the Internet, including injury or damage to a user’s or to any other person's computer, mobile phone, or other hardware or software.

The Services are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.

Humankind Technologies makes no warranty or representation that the Services will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate, timely, reliable or complete. We make no guarantee of any specific results from the use of the Services.

No part of the Services is intended to constitute advice and the Content should not be relied upon when making any decisions or taking any action of any kind.

11. Limitation of Liability

You agree that to the maximum extent permitted by law, Humankind Technologies accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising from the use of the Services or any information contained therein. Users should be aware that they use the Services and its Content at their own risk.

In relation to our Services, except as set out below, we will only be liable to you if any loss or damage you incur results from our failure to provide the Services to you with reasonable care and skill. In such an event, our total liability to you in connection with the Services shall not exceed two hundred pounds (£200).

Nothing in these Terms of Service excludes or restricts Humankind Technologies’ liability:

· for personal injury or death resulting from our negligence;

· for fraud or fraudulent misrepresentation; or

· to the extent our liability cannot be limited or excluded under the Consumer Rights Act 2015 or any other applicable law.

We will not be liable to you for failure to carry out our obligations in relation to the Services, where such failure is due to an event that is outside our control, which includes but is not limited to unforeseen fire, flood, storm, riot, strike, civil disturbance, war, nuclear accident or terrorist activity.

12. Linking Policy

Those wishing to place a link to the Services on other sites may do so only to the home page of the site without prior permission. Deep linking (i.e. links to specific pages within the Services) requires the express written permission of Humankind Technologies. To find out more please contact us by email here.

Any link to the Services must not damage, dilute or tarnish the goodwill associated with any Humankind Technologies brand names and/or intellectual property, nor may the link create the false appearance that your website and/or organisation is sponsored, endorsed by, affiliated and/or associated with Humankind Technologies, Goozby or any other brand or trade name owned by Humankind Technologies.

Humankind Technologies reserves the right, at its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that Humankind Technologies deems to be inappropriate or inconsistent with the Services or the Goozby User Agreement

13. Indemnification

You agree to defend, indemnify, and hold harmless Humankind Technologies and its officers, directors, employee and agents, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Service or your access to, use or misuse of the Services or Content.

Humankind Technologies shall provide notice to you of any such claim, suit, or proceeding. Humankind Technologies reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Humankind Technologies' defense of such matter.

14. Miscellaneous

If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

In the event that any party to these Terms of Service fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

These Terms of Service constitute the entire agreement with respect to the subject matter hereof and supersede all other written or oral agreements. These Terms of Service may not be amended, nor any obligation waived, without Humankind Technologies’ written authorisation. Any failure or delay to enforce any provision of these Terms of Service shall not constitute a waiver of any such provision.

The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.

15. Law and Jurisdiction

These Terms of Service and any disputes arising between you and Humankind Technologies shall be governed and construed in accordance with the laws of England (without regard to its conflicts of law principles that would cause the application of any other jurisdiction's laws). All disputes relating to or arising in connection with these Terms and/or the Services will be subject to the exclusive jurisdiction of the courts of England.

For any questions, suggestions, or concerns related to these Terms, please email us here.

© 2019 Humankind Technologies Ltd. All rights reserved.