TERMS OF USE FOR END USERS [March 2018]

PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE OR DOWNLOADING OR STREAMING THE APP.

We recommend that you print a copy of these terms of use for future reference.

These terms of use (Terms) (together with the documents referred to in them) tells the end user (you) the terms on which you may: (i) make use of our website as a guest or registered User y-roam.com (Website); and (ii) download and use the mobile application software YRoam (iTunes Stores) and Y-Roam (Google Play) mobile and the data supplied with the software, (App) and any of the services accessible through the Website or App (Services). Use of our Website includes accessing, browsing, or registering to use our site.

The Website and the App are provided to you by Y-Roam (Guernsey) Limited, a company registered in Guernsey (company number: 61874) with its registered address: YROAM House, Sunnycroft, The Grange, St Peter Port, Guernsey, GY1 2QG (we and/or us). Our VAT number is pending. We are a limited company.

We license use of the App to you on the basis of these Terms and subject to any rules or policies applied by any appstore provider or operator from whose site (Appstore), you downloaded the App (Appstore Rules). We do not sell the App to you. We remain the owners of the App at all times.

Please read these Terms carefully before you start to use  the Website or the App, as these will apply to your use of the Website and the App. We recommend that you print a copy of these Terms for future reference.

By using our site, or by downloading and using the App, you confirm that you accept and agree to comply with these Terms.  These Terms form a legally binding agreement between us and you. 

If you do not agree to these Terms, you must not download or use the App or use the Website.

 

 

1. Acknowledgements

1.1          These Terms apply to the App and the Website, including any updates or supplements to the App or any Service (unless they come with separate terms, in which case those terms apply).

1.2          By downloading and using the App, you will be able to use your mobile telephone or handheld device to create and manage your account, top-up with credit, purchase one of our great value data packages, check your account balance and purchase history, check your data usage history and link your YRoam device to your personal account.

1.3          By using the Website, 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 that are internet-based or wireless to improve our products and to provide any Services to you.

1.4          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 Services until you have downloaded or streamed the latest version of the App and accepted any new terms.

1.5          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 and to download or stream a copy of the App onto such 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 these Terms for the use of the App or any Service on or in relation to any device, whether or not it is owned by you.

1.6          The terms of our privacy policy from time to time, available at y-roam.com/privacypolicy  (Privacy Policy) are incorporated into these Terms by reference.

1.7          The Services may make use of location data sent from the devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device; however this may mean that you can no longer access the Services. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data to provide and improve location-based products and services.

1.8          Additionally, by using the Website, the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.9          The App or any Service may contain links to other independent third-party websites (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 purchase and use of any products or services accessible through them.

 

Accessing our website and app

Our Website and our App are made available free of charge.

We do not guarantee that our Website or App, or any content on our Website or our App, will always be available or be uninterrupted. Access to our Website and App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website or our App without notice. We will not be liable to you if for any reason our Website or App is unavailable at any time or for any period.

No reliance on information

The content on our Website and on our App is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our Website and on our App, we make no representations, warranties or guarantees, whether express or implied, that such content is accurate, complete or up-to-date.

Viruses

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Website in any website that is not owned by you.

Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

 

 

2. Grant and scope of App licence

2.1          In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence to use the App on the devices, subject to these Terms, the Privacy Policy and the Appstore Rules, incorporated into these Terms by reference. We reserve all other rights.

 

 

3. Licence restrictions

Except as expressly set out in these Terms 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.

 

 

4. Intellectual property rights

4.1          You acknowledge that all intellectual property rights in the Website and the App belong to us or our licensors, that rights in the Website and the App are licensed (not sold) to you, and that you have no rights in, or to, the Website or the App, other than the right to use each of them in accordance with these Terms.

4.2          You may print off one copy, and may download extracts, of any page(s) from our Website or App for your personal use and you may draw the attention of others within your organisation to content posted on our Website.

4.3          You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4.4          Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

4.5          You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

4.6          If you print off, copy or download any part of our App or Website in breach of these terms of use, your right to use our App or Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.7          You acknowledge that you have no right to have access to the Website or the App in source-code form.

 

 

5. Limitation of liability

5.1          You acknowledge that neither the Website nor the App has been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Website or App, as described on our Website, meet your requirements.

5.2          We only provide 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.

5.3          We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence up to the limit specified in condition 5.4, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the right to download and use the App under these Terms.

5.4          Our maximum aggregate liability under or in connection with these Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £1,000 per event or series of connected events giving rise to a claim. This does not apply to the types of loss set out in condition 5.5.

5.5          Nothing in these Terms shall limit or exclude our liability for:

(a)        death or personal injury resulting from our negligence;

(b)        fraud or fraudulent misrepresentation; and

(c)        any other liability that cannot be excluded or limited by English law.

5.6          For the avoidance of doubt, if we fail to deliver the Services with the care and skill you might reasonably expect of us and as a result our App damages a device we will be responsible for repairing the device or for compensating you in respect of such damage.

5.7          We assume no responsibility for the content of websites linked on our Website or App. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

 

 

6. Termination

6.1          We may terminate your right to use the Website or the App immediately by written notice to you:

(a)        if you commit a material or persistent breach of these Terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or

(b)        if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.

6.2          On termination for any reason:

(a)        all rights granted to you under these Terms shall cease;

(b)        you must immediately cease all activities authorised by these Terms, and

(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; [and]

 

 

7. Communication between us

7.1          If you wish to contact us in writing, you can send this to us by e-mail at customerservices@y-roam.com or by prepaid post to Y-Roam (Guernsey) Limited, YRoam House, Sunnycroft, The Grange, St Peter Port, GY1 2QG. We will confirm receipt of this by contacting you in writing, normally by e-mail.

7.2          If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your request for the App or on our website, if applicable.

 

 

8. Events outside our control

8.1          We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).

8.2          If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:

(a)        our obligations under these Terms 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 these Terms may be performed despite the Event Outside Our Control.

 

 

9. Other important terms

9.1          We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.

9.2          You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

9.3          If we fail to insist that you perform any of your obligations under these Terms, 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. 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.

9.4          Each of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining Terms will remain in full force and effect.

9.5          Please note that these Terms, their subject matter and the formation of the contract between us are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.