PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP
Before first using the “knowasyougo” mobile application software (App) you must accept these terms and our privacy and cookies policy. You should read all of them carefully before you download the App. We recommend you print or download a copy of these terms and the privacy and cookies policy and keep them in a safe place for your records. You can ask for a copy of the terms and the policy at any time; the current version can be found at http://www.knowasyougo.com/app-terms.
We draw your attention to the following terms in particular:
These terms record the legal agreement between you (you) and KAYG Limited (Licensor, us or we) for use of the App (EULA). These terms tell you who we are, the purposes for which the App should be used, how you and we may change or end these terms, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us by writing to us at email@example.com.
1.1 Who we are. We are KAYG Limited, a company registered in Scotland with company registration number SC505064 and a registered office at 1875 Great Western Road, Glasgow, G13 2YD.
1.2 Purposes of the App and Services.
a) What is knowasyougo? Travel health, safety and security information “as you go” for people travelling abroad from the UK. The App has been created to aid your international travel plans and help keep you safe and healthy while you are travelling by providing you with general, up to date and useful travel health, safety and security information for a number of countries around the world.
Search and add your planned destinations to receive specific up to date vaccine recommendations and the latest travel news and safety and security updates for you and your family. Add vaccinations to the App to map vaccines that you, and your family, have had to the vaccines you may need to travel to the destination.
For payment of certain specified upgrade costs, which will be made clear to you on the website, and once you have downloaded the App for free, you can also upload and maintain your vaccine records and those of your family, receive updates and alerts for listed countries that you are travelling to, upload photos of your passport, travel and insurance documents and those of your family so that these are easily accessible whilst you travel. You are solely responsible for keeping your device, and the information held on your device, safe from unauthorised use, viruses and other security risks.
b) What is knowasyougo not? The App is not intended to provide medical advice and is not intended to be used instead of, or replace, the advice of your general practitioner or travel health clinic when it comes to vaccinations which are necessary or recommended for the countries you'll be visiting.
Any questions regarding your personal medical situation or health conditions or required and recommended vaccines should be directed to your general practitioner or travel health clinic before travel. The App is not tailored for, nor does it take account of, individual health conditions or personal medical situations. The information provided by this App is provided on the assumption that the user has input correct and up to date information and that the user, and any other persons that the user includes data for as part of their profile, are “immuno-fine” and have been fully immunised as a child in the UK.
The user can select an option in the App that they, and any other persons that the user includes data for, were fully immunised as a child in the UK or alternatively can input information manually in relation to all doses of the primary course of diphtheria, tetanus and polio that have been received by the user and any other persons that the user includes data for and the length of time they are covered for. If the App indicates that a user is not covered for a disease and the user knows that he is, the user can also choose to manually override this, stating how long he is covered for.
In this EULA and in the App, the following terms have the following meanings:
i) Fully immunised as a child in the UK: means that for individuals over 16, they have had a full primary course of diphtheria, tetanus and polio.
ii) Usually advised: means vaccinations that are usually recommended for any traveller to the particular country.
iii) Sometimes advised: means vaccinations that are recommended for some travellers depending on factors such as length of stay, type of trip, activities planned and specific locations within the country.
iv) Immuno-fine: means that the relevant individual has no history of immune suppression and that the relevant individual is not taking any medications that may affect the immune system.
1.3 Operating system and functionality. This App requires a smartphone device with a minimum of 47.9MB of memory. Internet access and the IOS 8.1 and above, or Android 4.1 and above, operating system.
1.4 These terms. We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site (Appstore), the end-user downloaded the App (Appstore Rules). We do not sell the App to you and we remain the owners of the App at all times.
2.1 The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
2.2 We may make minor changes to these terms at any time by notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App.
2.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms. The App shall always match the description provided to you before you downloaded it.
2.4 After you order the App from the Appstore, you may download a copy of the App for your personal use to a device that meets the operating systems requirements. You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you (Devices) and to download a copy of the App onto the Devices. You and they may be charged by your, and their, service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
2.6 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
2.7 The App or any Service may contain links to other independent third-party websites, which may include sites such as www.fitfortravel.com, www.staywelltravel.co.uk, www.fco.gov.uk (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the use of any products or services accessible through them.
2.8 No warranties are made for any Third-party Sites which the App is linked to and we will not be liable for any loss or damage that may arise from your use of them. We are not responsible for the accuracy, timeliness or the continued availability or the existence of content, hyperlinks, or third party websites or pages linked to the App.
3. GRANT AND SCOPE OF LICENCE
3.2 You may download a copy of the App and view, use and display the App on the Devices for your personal purposes only.
4. LICENCE RESTRICTIONS
Except as expressly set out in this EULA or as permitted by any local law, you agree:
a) not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) 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 unnecessarily 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;
e) 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;
f) to include our copyright notice on all entire and partial copies you make of the App on any medium;
g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),
together Licence Restrictions.
5. ACCEPTABLE USE RESTRICTIONS
5.1 You must:
a) not use the App or any Service in any way that breaches any applicable local, national or international law or regulation, in any illegal, improper, unlawful or fraudulent manner, for any illegal, improper, unlawful or fraudulent purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
b) not infringe or violate our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
c) not upload, post, transmit, share, store or otherwise make available any material for the purpose of harming or attempting to harm minors in any way, that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service or any content that we deem to be harmful, threatening, unlawful, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
d) not use the App or any Service in a way that could damage, disable, overburden, impair, harm, compromise or adversely affect our systems or security or interfere with other users;
e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
f) not post, transmit, or share materials that you did not create or that you do not have permission to post and you are solely responsible the photos, profiles, information, documentation, text, and other content that you upload, publish or display on or through the App, or transmit to or share with other users; and
g) ensure that information provided by you, whether as part of registration or otherwise, on the App is current, accurate and complete. We rely on you to provide current and accurate information, and we do not, and cannot, investigate, verify or validate information provided by you,
together Acceptable Use Restrictions.
5.3 We may, but are not obligated to, review the App and may delete or remove (without notice) any site content or user content in our sole discretion, for any reason but you acknowledge that we may not be able to and have no obligation to restrict any use by any other person, including other users, and the license that you have granted remains in effect. You are solely responsible at your sole cost and expense for creating backup copies and replacing any user content you post or store on the Service or provide using the App.
5.4 You understand and agree that you are solely responsible for your own content and the consequences of uploading it. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the App. 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 the App constitutes a violation of their intellectual property rights, or of their right to privacy.
5.5 You must take all reasonable precautions to keep your Device safe from unauthorised use, viruses and other security risks. These precautions include:
a) using any key-lock or password-lock offered under your Device’s operating system;
b) not allowing anyone else to have or use your Device;
c) not leaving your Device unattended; and
d) deleting this App from your Device before you dispose of it or send it away for repair etc.
6. REGISTRATION AND ACCOUNT CREATION
6.2 By registering or using an account for the Service, you agree that you are authorised to, and are accepting this EULA on behalf of yourself and any of your family or other third parties that you use the App for the benefit of, and that you are solely responsible and liable for any and all use of the App by you and anyone you allow to access the App and for any non-compliance by such third parties. If you cannot accept this EULA, please do not use the Service.
6.3 You must treat your Registration Information as confidential and will be responsible for any failure to do so. You must not disclose it to any third party.
6.4 We have the right to disable any user identification code, 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 this EULA. If you know or suspect that anyone knows your password, you must promptly notify us at firstname.lastname@example.org.
7.1 The App currently provides a free service with the option to purchase paid-for upgrades as described in clause 1.1. The price of the upgrade options (which include VAT) are the prices indicated on the upgrade page within the App when you download it. These will be clearly shown above the upgrade button, as well as displayed on our website, with a description of benefits under each upgrade option.
7.2 You must pay for the upgrade before you download it and any and all payments are subject to the terms and conditions of the relevant Appstore from which you downloaded the App. Payment covers usage for one year only from the date of purchase of the upgrade and is final (subject to clause 10).
7.3 Rights to charge fees in connection with use of the App and/or modify and/or waive fees charged in connection with the App are reserved. Upgrade options are annual and you are not subject to any subscription; you can end your contract with us at any time without notice by deleting the App from your Device.
7.4 You acknowledge that your mobile network operator may charge you, and these charges may vary if you use your Device to access this App while abroad. You are solely responsible for these charges.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA. You acknowledge that you have no right to have access to the App in source-code form.
8.2 “knowasyougo" is a UK registered trade mark. You may not use or reproduce the trade mark, logo or brand name.
9. NO RELIANCE ON INFORMATION
9.1 The information and resources appearing on this App are provided for information purposes only to assist users travelling abroad from the UK and it is not, in any circumstances, intended to constitute advice to you nor address your particular health or medical requirements. The App and Services do not contain or constitute, and should not be interpreted as, medical advice, services or opinion and are not a substitute for, nor intended in any way to replace the advice of, a medical professional. The information made available on or through the App should not be relied upon when making medical decisions, or to diagnose, prevent or treat a medical or health condition and it is up to you to contact a properly qualified health professional and obtain advice in respect of specific situations before taking, or refraining from, any action on the basis of the content in the App. You should not rely on material available on the App and no responsibility can be accepted by us for action or inaction as a result of information contained in the App.
9.2 While we use our best efforts to ensure the accuracy and reliability of information available using, or provided from a third party source, on the App, information made available on the App from third party sources is the responsibility of those third parties. We do not: (i) guarantee the accuracy, completeness, currency at any given time or usefulness of any information from third party sources available using the App, or associated or linked to websites; (ii) warrant that such information provided on or linked to from the App will be free from errors, omissions, faults or defects; or (iii) adopt, endorse or accept responsibility for the accuracy, availability or reliability of any such information. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content available on the App from any third party.
9.3 There are many factors which may prevent the App from being available to users, such as, availability of and access to an internet connection, or the size of files or content you upload to the App. The App technology is technically complicated and is dependent on third party engineering and hosting in part, and on various factors such as software, hardware and tools, either our own or those owned or operated by third parties. We do not operate or control the internet or your mobile connection and we cannot and do not guarantee that the App will always be available or that access to it will be uninterrupted or secure, consistent, timely or error free and no responsibility is accepted by us for any losses that may arise, for any reason, from an inability to access resources on the App at any time or for any period.
9.4 We must assume, and will rely on the assumption, that information provided by you, whether on your own behalf or on behalf of others, and inputted to the App will be true, complete and accurate. We do not control, validate, verify nor take any responsibility for, and in no event will we be liable to you or any third party in relation to, any incorrect data, incomplete or inaccurate information that you input into the App on your own behalf or on behalf of others, or any information provided on the App as a result or consequence of such incorrect data, incomplete or inaccurate information. You acknowledge that this is your sole responsibility and we disclaim all responsibility and liability for any and all information provided by you in connection with the App and any and all information provided to you as a direct or indirect consequence.
10. LIMITATION OF LIABILITY
10.1 You acknowledge that the App has not been developed to meet your individual requirements nor developed in response to a particular purpose made known to us, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
10.2 Nothing in this EULA shall limit or exclude our liability to you where it would be unlawful to do so, including for:
a) death or personal injury resulting from our negligence;
b) fraud or fraudulent misrepresentation;
c) breach of your legal rights in relation to the App including the right to receive digital content which is: of satisfactory quality (taking into account whether you have received a free-element or paid-for element); fit for a particular purpose where that purpose has been made known to us; as described and match information we provided to you; and
d) any other liability that cannot be excluded or limited by Scots law.
10.3 We are under a legal duty to supply digital content that is as described, fit for any purpose made known to us and of satisfactory quality. If your digital content is faulty or not in conformity with these standards, and you have paid for it, you are entitled to a repair or replacement. If it is not possible for the fault to be fixed, or if the fault has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
10.4 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
10.5 The information, content and materials embodied in, and resources available on, the App are provided on an "as-is" basis and to the extent permitted by law and subject to clause 10.2, we exclude all other conditions, warranties, representations or other terms which may apply to the App or any information, content, material, services and resources on it, whether express, implied or otherwise. Other than as stated in this clause 10, no warranties are made as to fitness for purpose, quality, accuracy, currency or completeness of information, content and resources available on the App or that the App or Services will be free from viruses or other harmful components. You are responsible for adequate protection and back-up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
10.6 Subject to clauses 10.2, 10.3 and 10.4, we will not be liable to you or anyone else for any losses or damages of any kind which were not foreseeable, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, arising out of or in connection with:
a) use of, performance of, or inability to use, the App unless caused by our breach of these terms;
b) use of information, content, material, resources or services made available to you through the App from third parties;
c) any error, delay or interruption in updating the information, content, material, resources or services made available to you through the App or any claim arising from your failure to download current updates made available on the App;
d) a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it; or
e) any actions taken in response to breach of the Acceptable Use Provisions.
10.7 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit in clause 10.8, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if it was contemplated by you and us at the time we granted you the EULA.
10.8 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, delict (including negligence) or otherwise, shall in all circumstances be limited to the fees paid by you to receive the Services. This does not apply to the types of loss set out in clause 10.2.
10.9 We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. You are responsible for all claims, damages and costs arising from your use of the App, our reliance on information you have provided and any breach by you of these terms.
11. SUSPENSION AND TERMINATION
11.1 As the App is a digital product, after you have started to download it (and any upgrade), you will not have a right to cancel the contract for supply of the App (and any upgrade) (which you would otherwise be entitled to under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) and the contract for supply of the App (and any upgrade) will be completed when the App (and any upgrade) has been downloaded. You can still end your contract with us at any time without notice by deleting the App from your Device.
11.2 The supply of the App may be modified, suspended or discontinued, at any time and without notice, to:
a) deal with technical problems or make minor technical changes;
b) remove and/or update features or functionality; or
c) reflect changes in relevant laws and regulatory requirements.
11.3 We may end this EULA immediately by written notice to you and your permission to use the App and Services will end:
a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions;
c) if you were not entitled to download the App; or
d) if the App is withdrawn by Apple Inc. or Google Play.
11.4 On termination for any reason:
a) all rights granted to you under this EULA shall cease;
b) you must immediately cease all activities authorised by this EULA, including your use of any Services;
c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so;
d) we may delete or remove any and all site content or user content and records from the App. In the event that you have purchased a paid-for element of the App, you will have the option for a period of fifteen (15) days from notice of termination given by us, or notice to us that you no longer wish to use the App, to obtain a copy of your records from the App by email in pdf format. Once this email has been sent to the address notified to us by you, you must comply with the other provisions set out in this clause 11.4.
12 COMMUNICATION BETWEEN US
12.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by email at email@example.com. We will confirm receipt of this by contacting you in writing, normally by email.
12.2 If we have to contact you or give you notice in writing, we will do so by writing to you at the email address you provided in your registration or by pre-paid post to the address you provide to us in your registration. When we use the words "writing" or "written", this includes emails, in-app push notices and text.
13 EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA or if you cannot use the App properly or at all where that is caused by any act or event beyond our control, including failure of public or private telecommunications networks, performance of your internet service provider, browser or internet (Event Outside Our Control).
13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
14. OTHER IMPORTANT TERMS
14.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA. If you are not happy with the transfer, you have the right to end your contract and cease use of the App.
14.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
14.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. For example, if you miss a payment and we do not chase you but we continue to provide the App, we can still require you to make the payment at a later date. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
14.5 No other person shall have any rights to enforce any of the terms of this EULA.
14.6 We may make changes to these terms, for example, to make these terms clearer or to respond to changes in costs of providing the App and Services. Where we make changes, we will provide you with notice of those changes by email or by a message within the App at least fifteen days (15) before making the change and provide you with an opportunity to cancel if you are not happy with the change.
14.7 Please note that these terms, their subject matter and formation, are governed by Scots law. You and we both agree that the Scottish courts will have non-exclusive jurisdiction. However, if you are a consumer and a resident of Northern Ireland you may also bring proceedings in Northern Ireland, or if you are a consumer and resident of England, you may also bring proceedings in England.
14.8 If you have any questions or complaints about the App, please contact us. You can write to us at firstname.lastname@example.org. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider although please note that we will not be obliged to engage in alternative dispute resolution unless we have agreed to this. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If we agree to use alternative dispute resolution where we cannot resolve your complaint, we will inform you of the ADR entity that we intend to use. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform http://ec.europa.eu/odr.
14.9 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.