Terms & Conditions


Updated April 2018

Introduction

Stork App has been developed and published by Sperrin Solutions (Robert McFarland T/A Sperrin Solutions, Glenlea, 12 Glenelly Road, Plumbridge, Omagh, BT79 8BH  (“Sperrin Solutions” or “Stork App” or “We” or “Us“)

By downloading, accessing and/or making payments for the use of Stork App, you agree to be bound by these terms and conditions (“Terms“). If you have any queries about Stork App or these Terms, you can Contact Us by any of the means set out in the “Contact” section of these Terms. If you do not agree to these Terms, you should stop using Stork App forthwith.

General Rules

Stork App is made available for use in Childcare Settings. The App must not be used for any illegal or unauthorised purpose. When you use Stork App, you must comply with all applicable UK Laws and with any applicable international laws, including the local laws in your country of residence.

You agree that when using Stork App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:

(a) Use Stork App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or

(b) Attempt to gain unauthorised access to Stork App or any networks, servers or computer systems connected to Stork App; or

(c) Modify, adapt, translate or reverse engineer any part of Stork App or re-format or frame any portion of the pages comprising Stork App, unless otherwise permitted by these Terms or by law.

You agree to indemnify Sperrin Solutions, Stork App and their group of companies or affiliates in full and on demand from and against any loss, damage, costs or expenses which you suffer or incur directly or indirectly as a result of your use of Stork App otherwise than in accordance with these Terms or Applicable Laws.

Content

The copyright in all material contained on, in, or available through Stork App including all information, data, text, music, sound, photographs, graphics, infographics or video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Sperrin Solutions,  or its group companies or affiliates. All rights are reserved. You can view, print or download extracts of the Material for use within your childcare setting, but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, disseminate in any form whatsoever or use any Material without permission from Sperrin Solutions.

The trademarks, service marks, and logos (“Trade Marks“) contained in Stork App are owned by Sperrin Solutions or its group companies or third party partners of Sperrin Solutions. You may not use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, or disseminate the Trade Marks without the prior written consent of Sperrin Solutions or the relevant group company or the relevant third party partner of Sperrin Solutions.

Third Parties

Stork App may contain links to websites operated by third parties (“Third Party Websites“). Sperrin Solutions may monetise some of these links. Notwithstanding such affiliate programmes, Sperrin Solutions does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.

Data Protection

We take your privacy very seriously. Stork App will only use your personal information in accordance with the terms of our privacy policy and will not retain, store, sell, or otherwise make available any client information to any third parties. By using Stork App you acknowledge and agree that you have read and accepted the terms of our privacy policy

DISCLAIMER

USE OF STORK APP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) SPERRIN SOLUTIONS DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO STORK APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO STORK APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN SPERRIN SOLUTIONS AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF STORK APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

Sperrin Solutions will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with Stork App for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.

IF SPERRIN SOLUTIONS IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO STORK APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) ONE HUNDRED POUNDS STERLING (£100.00); OR (B) THE SUMS PAID BY YOU UPON PURCHASING STORK APP, INCLUDING SUBSCRIPTIONS, WHICHEVER IS GREATER.

Nothing in these Terms shall be construed as excluding or limiting the liability of Sperrin Solutions or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.

Service Suspension

Sperrin Solutions reserves the right to suspend or cease providing any services relating to any apps or services published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

Advertising

We accept no responsibility for adverts contained within Stork App. If you agree to purchase goods and/or services from any third party who advertises in Stork App, you do so at your own risk. The advertiser, not Sperrin Solutions, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.

General

These Terms, as amended from time to time, constitute the entire agreement between you and Sperrin Solutions concerning your use of Stork App.

Future reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in Stork App and via Stork App Website to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of Stork App.

These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

Sperrin Solutions failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sperrin Solutions in writing.

Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, Sperrin Solutions and its group of companies.

Contact

You can contact Sperrin Solutions at Glenlea, 12 Glenelly Road Plumbridge, Omagh, BT79 8BH telephone 0800 776 5828, email: [email protected]