legal

1. Protecting your Data

2. Who controls the collection and use of your Data?

3. What Data do we collect from you?

4. How do we use your Data?

5. Profiling

6. How do we use Cookies?

7. When will we disclose your Data to others?

8. Where do we store your Personal Data?

9. How we respect your rights

10. How we make changes to this Privacy Policy

11. How you can contact us

1. Protecting your Data

Welcome to the friendrequest Privacy and Cookie Policy (Privacy Policy). We help users to connect with other users with shared interests through our friendrequest mobile app (App). It is really important to us that you are comfortable with how we treat your information and we are committed to protecting and respecting the privacy of users who use our App, and any services made available through the App (Services).

Before you register on the App and use the Services, please take some time to read through this Privacy Policy as it explains how Personal Data and other information collected through the App and Services (Data) is used and protected by us and our business partners.

Data will be used and protected by us in accordance with this Privacy Policy and the Terms of Use, which together form our Agreement with you regarding your use of the App and any of the Services. If you do not agree to our use of your Data as set out in this Privacy Policy then please do not download the App or use any of our Services. If you have any concerns at all regarding your Data then do get in touch with us using the details in the Contact section below.

You will see that this Privacy Policy contains defined terms that are capitalised and shown in bold – these have the meanings given to them either in this Privacy Policy or in the Terms of Use. Please note that the term “Data” includes “Personal Data” as that term is defined in the Relevant Legislation (as defined below) as well as any other relevant data or information.

2. Who controls the collection and use of your Data?

We are HM Mobile Tech Limited (company number 10882937) of 17 Market Place, Devizes, Wiltshire SN10 1HT United Kingdom. We are responsible as a ‘data controller’ for ensuring that your Personal Data is treated in accordance with any law relating to the processing, privacy, and use of Personal Data, as applicable to us, including the General Data Protection Regulation (EU) 2016/679, the Data Protection Act 1998 and/or any corresponding or equivalent national laws or regulations giving effect to or replacing them (Relevant Legislation).

3. What Data do we collect from you?

3.1. When you use the Services, we collect the following Data:

3.2. Data you submit to us

(a) Your user information. You may provide us with Data about yourself when you download the App, register for or subscribe to any of our Services, make an in-App purchase, share information using the App's social media functions, and when you report a problem with the App or our Services. This Data includes your name, e-mail address, phone number, location, date of birth, gender, a verified photograph and any user material you contribute to the App and App Content. We ask you to submit this Data in order for you to enjoy full use of the App. Some of this Data, such as your gender, will be hidden to other users whereas other Data, such as your interests, will be displayed on your profile.

(b) Information about your interests. A key feature of the App is that it enables you to connect with likeminded people. We therefore collect Data about your personal interests, hobbies and likes/dislikes. In order to create a profile you must choose at least three interests which you can later amend and update.

(c) Connecting with users. Our App was designed to allow you to interact with other users so that you can arrange meet ups and share content with each other (App Content) and this information will be retained as part of the Services.

(d) Feedback from you. From time to time we may ask you for feedback or offer you the chance to take part in surveys. These will be optional, though any Data you provide will be collected by us and used in accordance with this Privacy Policy.

3.3. Data we collect from you

Data may be generated and collected from you when you use the Services such as:

(a) Device Data: We may collect Data about the device used by you to access the Services such as its type, operating system and unique device identifier as well as Data relating to your mobile network and telephone number.

(b) Data about your interactions with other users: When you use the Services it will automatically generate certain behavioural Data about how you use the App, such as the users you choose to interact with. Our collection of this Data helps us to display results to you in an order that we feel will be most interesting to you and to ensure that the App remains relevant to our users’ preferences. This behavioural Data may affect the order in which you see results. However, you will still be able to access all the available results unless you or the other user is unavailable or you have blocked or been blocked by another user.

3.4. Data from third party services

You may give us permission to access your Data in other third party services. For example, you may register on the App via your Facebook account, which allows us to obtain information from that service (such as friends and contacts information).

3.5. Treatment of Data

We may associate any particular category of Data with any other category of Data and will treat the combined information as Personal Data in accordance with this Privacy Policy for as long as it is combined.

4. How do we use your Data?

4.1. It is our priority to respect and protect the privacy of your Data, and we will only use your Data as necessary for the purposes set out below.

4.2. We gather your Data to allow us to provide the Services. The relevant information is then used by us in accordance with this Privacy Policy and to communicate with you, to market related goods and services to you and to ensure that our App is being used safely and in accordance with our Acceptable Use Policy.

4.3. Some of the features of the App may require you to confirm that you are consenting to your Personal Data being collected and processed by us. When we require your consent, we will refer you to this Privacy Policy. Whenever you have consented to your Personal Data being processed, you have the right to change your mind and withdraw your consent at any time. You can withdraw your consent by selecting the unsubscribe button if we have sent you an email or by sending an email to info@friendrequest.com.

4.4. We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us to develop the App and our Services. We may provide such aggregate information to third parties such as our partners. These statistics will not include information that can be used to identify you.

4.5. We will retain and process your information for as long as we require it for the purposes for which it was collected or as is otherwise required by applicable law. Once the information is no longer needed, we will securely delete or anonymise it. If you no longer wish for us to process your Data, you may delete your account by selecting the delete account option in Your Card > Settings section of the App. Once you have deleted your account we will anonymise any Personal Data we hold about you within 3 months. It is important to note that any third parties which have received your Data through your use of the App may continue to process your Personal Data in accordance with their applicable privacy policies.

4.6. Data you submit to us.

We may use this Data in order to:

(a) provide you with and improve the Services;

(b) optimise your experience when using the App;

(c) allow you to access your contacts and photographs stored on your device or social media accounts such as Facebook (if you opt in to provide this information);

(d) allow you to use interactive features of the App and the Services;

(e) send you notifications by email, text message and / or within the App regarding the Services;

(f) notify you about changes or interruptions to our Services;

(g) enable us to comply, monitor compliance with, carry out our obligations or exercise our rights under our Agreement with you;

(h) notify you about our Agreement with you including, but not limited to, any proposed amendments or revisions to the terms of the Agreement; and

(i) delete or anonymise your Data, and/or combine your Data with other Data we have collected.

4.7. Data we collect from you

We may use this Data to:

(a) administer the App and Services and for our own troubleshooting, analysis, testing, research and statistical purposes;

(b) improve and optimise the App and Services and the way content is presented;

(c) keep the App and Services safe and secure;

(d) allow you to use interactive features of the App and the Services;

(e) enable us to comply, monitor compliance with, carry out our obligations or exercise our rights under our Agreement with you; and

(f) delete or anonymise your Data, and/or combine your Data with other Data we have collected.

4.8. Data we receive from third parties

Data obtained from third parties may be used for the same purposes as Data you provide to us or Data we collect, and may also be deleted or anonymised and/or combined with other Data we have collected.

4.9. Anonymised Data

We may anonymise Data so that you and any other individuals it relates to can no longer be identified from such Data. We may use such anonymised Data for the purposes of profiling, carrying out market research and predicting user behaviour (including, but not limited to, preferences, market segmentation and audience discrimination).

We do not disclose information about identifiable individuals to our advertisers, but we may provide them with anonymous aggregate information about our users (for example, we may inform them that 200 people aged between 20-25 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the Personal Data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.

5. Profiling

We may analyse the Data we have collected through your use of the App and from external sources to build a profile about you and your interests in accordance with this Policy. This profile will enable us to show you results within the App which we feel will interest you most and to display relevant targeted advertisements to you.

6. How do we use Cookies?

We use cookies to distinguish you from other people viewing our website. This helps us to provide you with a good experience when you view our website, and also allows us to improve the App and Services.

7. When will we disclose your Data to others?

7.1. We will not sell, exchange or otherwise distribute your Data to unaffiliated third parties without your consent, except to the extent required by applicable laws and regulations, or as set out in this Privacy Policy which we may amend from time to time (in accordance with section 11 below).

7.2. In addition to the uses set out above in this Privacy Policy, we may share Data we collect with selected third parties including:

(a) our selected business partners and providers of events that you have chosen to attend through the App, in such case, the provider will become a Data Controller of the Personal Data that they process and their privacy policy will apply to their processing of such Personal Data;

(b) suppliers, licensors, agents and sub-contractors in order to provide the Services (for example where we enter into agreements with third parties who provide services to us or on our behalf); and

(c) analytics and search engine providers that assist us in the improvement of the Services.

7.3. We may also disclose your Data:

(d) to other users as part of the Services, for example, to show who shares the same interest in a similar location;

(e) to the store from which you downloaded the App; and

(f) to advertisers who advertise on our App.

7.4. Other exceptional circumstances in which we may disclose Data we collect to third parties include:

(g) if we undergo a change of control or any of our business or assets are sold or transferred (in which case we may disclose your Data to the prospective seller or buyer);

(h) if substantially all of our assets are acquired by a third party, in which case Data held by us about our end users will be one of the transferred assets; or

(i) if we are under a duty to disclose or share your Data in order to comply with any legal obligation or legal process (for example, a court order, search warrant or subpoena), or in order to enforce or apply our contractual rights, including the Terms of Use, or any other agreement in order to protect our rights, property, or safety, or that of our end users, or others. This includes exchanging Data with other companies and organisations for the purposes of fraud protection.

8. Where do we store your Personal Data?

8.1. The Data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. These staff may be engaged in providing the Services. By submitting your Data, you agree to this transfer, storing or processing. Where we transfer your Personal Data outside of the EEA we will do so on the basis of an adequacy decision by the European Commission, the Privacy Shield Framework or Standard Contractual Clauses. If we ever rely on your consent to send your Personal Data outside of the EEA we will make you aware of this. We will take all steps reasonably necessary to ensure that your Data is treated securely and in accordance with this Privacy Policy.

8.2. All information you provide to us is stored on secure servers. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our App, you are responsible for keeping this password confidential. You must not share your password with anyone.

8.3. We take appropriate technical and organisational measures to ensure the security of Data (and endeavour to only work with third parties who provide equivalent protections). However, the transmission of information via the Internet is not completely secure. We do our best to protect your Data, though we cannot guarantee the security of your Data transmitted to the App and any transmission is at your own risk.

8.4. Certain Services include social networking chat functions and in-app platform features. Please ensure when using these features that you do not submit any Personal Data that you do not want to be seen, collected or used by other users.

9. How we respect your rights?

9.1. You have a number of rights relating to your Personal Data, including:

(a) the right to rectification or erasure of your Personal Data: We encourage you to ensure that the information you submit is accurate and up to date. If any of the information that you have provided to us changes, you can update it in the Your Card section of the App or contact us with the correct details by sending an email to info@friendrequest.com. You can change the email address you used to set up an account in the Settings section of the App. You may ask us, or we may ask you, to correct information you or we think is inaccurate, and you may also ask us to remove information which is inaccurate;

(b) the right to restrict or object to certain processing of your Personal Data: You may delete your profile at any time by following the steps in clause 4.5 above. You may also object to the processing of your Personal Data or request that it is erased by sending an email to info@friendrequest.com;

(c) the right to portability of your Personal Data: In some cases, you may also have the right to port your Personal Data to reuse it elsewhere. To find out if you can port your Personal Data or to make a request to do so, send an email to info@friendrequest.com;

(d) the right to request appropriate copies (which may contain redactions) of any Personal Data transfer clauses or certification mechanisms that allow the transfer of your Personal Data outside of the EEA;

(e) the right to withdraw consent: Where we are relying on your consent to process your Personal Data, you have the right to withdraw your consent at any time by deleting your account;

(f) the right to lodge a complaint with the Information Commissioner’s Office in the UK: If you are unhappy with the way in which your Personal Data has been processed by us, you have the right to complain to the Information Commissioner’s Office on 0303 123 1113 or at www.ico.org.uk/concerns.

(g) the right to ask for a copy of your Personal Data: If you would like a copy of some or all of your Personal Data, please send an email to info@friendrequest.com.

9.2. Our App may, from time to time, contain links to and from the websites of our partner networks and affiliates (including, but not limited to, websites on which the App or the Services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.

10. How we make changes to this Privacy Policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified 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 or the Services.

11. How you can contact us?

Any questions or concerns about this Privacy Policy, how we collect and use your Data or any request to gain access to your Personal Data, should be sent to that address or emailed to: info@friendrequest.com.

Last amended: April 2018

Thank you for visiting the friendrequest mobile application (App). By using our App and its social interaction functions for arranging meet ups, communicating and sharing content with other Users (collectively, the Services) you agree to comply with these Terms of Use, as well as our Privacy and Cookie Policy, which together form the End User Licence Agreement (EULA) between you (the end user) and us. If you do not agree to the EULA you should refrain from using the App or any of our Services.

IMPORTANT

• We license use of the App to you on the basis of the EULA and subject to any rules or policies applied by any appstore provider (Appstore) from where you downloaded the App. We do not sell the App to you. We remain the owners of the App at all times.

• To use our App your Device must satisfy certain system requirements. These requirements can be found on our website www.friendrequest.com or on the Appstore from where you downloaded the App.

• Please read the EULA carefully and, in particular, section 14 of these Terms of Use which sets out the extent of our liability. Please also pay attention to the disclaimers in sections 7, 8, 9 and 13 of these Terms of Use.

• Our App is not directed at or intended for use by any person under the age of 18. You must be at least 18 years of age to access and use the Service.

• Please note the terms of the EULA may be revised from time to time and it is important that you check the latest version regularly as the most recent version shall take effect whenever you use the Services.

Contents

These Terms of Use set out information on the following matters:

1. Use of the App

2. The Services

3. Using the Services

4. The App

5. In-App Purchases

6. Additional terms applicable to iOS Users

7. Access to the Services

8. App Content

9. User Content

10. Acceptable Use Policy

11. Data Protection, Privacy and Cookies

12. Intellectual Property

13. Third-Party Websites

14. Liability and Indemnity

15. Notice and Take Down

16. General

17. Contact us

Defined terms and phrases (which are capitalised) shall have the meanings and definitions given to them in bold in the EULA.

1. Use of the App

1.1. In exchange for you agreeing to comply with the terms of the EULA and to paying any applicable fees for your use of the Services, we shall provide the Services and grant you a non-transferable, royalty-free, revocable licence to do the following (in each case subject to the terms of the EULA):

a) access and use the App;

b) create a profile;

c) contribute and share User Content;

d) communicate with other Users through the App.

1.2. The EULA sets out all your rights with respect to your use of the App and Services, and all other rights are reserved by us and/or our licensors. This EULA shall remain effective unless terminated by us or unless you breach any term (in which case the EULA and the licence under section 1.1 shall terminate automatically and your permission to use the Services and all other rights under the EULA will cease immediately).

1.3. The Services are provided by HM Mobile Tech Limited (company number 10882937) of 17 Market Place, Devizes, Wiltshire SN10 1HT United Kingdom. Any questions or concerns about the EULA or the Services should be sent to that address or emailed to: info@friendrequest.com

1.4. We may change these terms at any time by sending you a notification with details of the change or 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 Services.

1.5. 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.

1.6. You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you and to download or stream 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 the 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.

1.7. By using 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.

2. The Services

2.1. Please note that the following definitions apply to the EULA:

a) App Content means any content delivered or displayed through use of the App or the Services;

b) Device means any mobile telephone or other handheld device;

c) Minor means any person under the age of 18 years of age;

d) User means a user of the App and / or Services; and

User Content means any contact or communication between Users, or any data, information or other user generated content (including messages, posts, updates and information, whether public or private) which Users contribute, comment or post online when using the Services.

2.2. The App provides a platform for the Services by allowing Users to connect with other Users with similar interests. Users are able to communicate with other Users via the App to arrange meet-ups and share content.

2.3. In the event that we have to contact you in relation to the Services, we may do so by posting a message on the App or by emailing or messaging (or, where required, by telephoning) you using the contact details you have provided to us.

3. Using the Services

3.1. To use the App and the Services, you must register for an account with us. To register for an account, you will need to create a profile and submit your email address to us, and create a username and password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device.

3.2. As part of creating your account profile, we may also ask you to provide certain other information to us such as your interests, age and a profile picture. You may also register and sign in to the App using your Facebook account and login. If you do so, you authorise us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you might share in common with other Users. For more information regarding the information we collect from you and how we use it, please refer to our Privacy and Cookie Policy.

3.3. Your account is personal to you and you must keep your password confidential and not disclose it to any third party. No one other than the registered account holder is entitled to use an account to access the Services, and each User is solely responsible for the use of his or her account. If your account security or access credentials are compromised, you must inform us immediately by emailing info@friendrequest.com.

3.4. We act solely as the operator of the App platform which facilitates the connection of and communication between our Users. This means, for example, that we do not vet Users and we do not have any involvement in the interactions between Users. Users are responsible for their own conduct when using the Services. In addition, Users have important obligations to ensure the effective operation of the Services, which are set out in sections 9 and 10 of these Terms of Use.

3.5. Use of the App and the Services is for personal use only. This means that you may not use the Services or our App or any App Content for business purposes, such as advertising to other Users. Please be aware that you may not use any information obtained through the App or your use of the Services to contact, advertise to, solicit, or sell to any other User without his or her prior explicit consent.

4. The App

4.1. You may use the App, which can be downloaded from the Apple App Store in order to access the Services. Use of the App is subject to specific additional terms (reflecting the mobile application provider’s requirements) which are set out in this section 4.

4.2. When accessing the Services and using the App you may, in some cases, incur liability to a third party for data usage charges. We accept no liability for such charges, which are usually the subject of an agreement between you and your network operator. In the event you are not the person responsible for paying data usage charges, you should obtain permission from that person prior to using the App.

4.3. You should be aware that the EULA only applies between you and us, and shall not impose any responsibility, obligations or liability whatsoever on any third-party app provider, nor shall the EULA affect any existing agreement(s) between you and any third party.

5. In- app purchases

1.1. From time to time, we may offer additional products and services for purchase (In-App Purchases) through the Appstores. If you choose to make an In-App Purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple) (your IAP Account), and your IAP Account will be charged for the In-App Purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for In-App Purchases that apply to your IAP Account.

6. Additional terms applicable to iOS Users

6.1. Where the App is accessed via iOS devices, the additional terms set out below apply to the EULA.

6.2. Notwithstanding anything to the contrary in the EULA, you agree that:

a) the EULA is entered into between you and us. We are not affiliated with Apple Inc. or its subsidiaries (Apple) and Apple shall not be a party to the EULA;

b) we shall be solely responsible for providing any maintenance or support required for the App and Apple shall have no obligations in relation to maintenance or support;

c) the EULA grants you a licence to use the App on a compatible iPhone, iPod touch, Apple TV, iPad and/or any other compatible Apple device that you own or control in accordance with, and as permitted by, Apple’s Usage Rules located in the App Store Terms of Service;

d) in the unlikely event that the App fails to conform with any warranty contained within the EULA, you may notify Apple who will refund any applicable purchase price, however Apple shall have no other liability or obligation arising out of or in connection with any warranty given in the EULA;

e) nothing in the EULA shall be deemed to constitute a warranty made on Apple’s behalf, nor shall the EULA impose any liability or responsibility on Apple whatsoever for any claims which arise in relation to, or in connection with, the EULA (or any other agreement between you and us), the App or the Services, including (but not limited to): product liability claims; claims the App fails to conform with any legal or regulatory requirement; claims relating to breaches of any applicable consumer protection legislation; or the investigation, defence, settlement and discharge of any intellectual property infringement claims resulting from your use and/or possession of the App;

f) you agree and warrant that you are not located in a country which is subject to an embargo by the U.S. Government; in a country which been designated a “terrorist supporting” country by the U.S. Government; and that you have not been placed upon a U.S. Government list of prohibited or restricted parties; and

g) Apple is a third-party beneficiary to the EULA and you accept that Apple shall be entitled to enforce the terms of the EULA as if it was a party to the EULA.

7. Access to the Services

7.1. Use of the Services is at your own risk. No warranty is offered as to the availability, functionality, continued operation or reliability of the Services and we make no warranty or representation that they shall be free of viruses or other unwanted, unauthorised or malicious code or software. We may prohibit or terminate access to the Services (in whole or in part) at any time without notice and we accept no liability for loss, damage, destruction or corruption of data, software or hardware as a result of your use of, or inability to use, the Services.

7.2. Unless expressly stated otherwise in the EULA, any new or modified features that enhance or alter the Services, including the release of new tools and resources, shall be subject to the EULA. You agree not to access the Services by any means other than through the App or our website www.friendrequest.com.

7.3. You agree and acknowledge that we do not warrant or represent that:

a) the Services will meet your specific requirements;

b) the Services will be uninterrupted, timely, secure, or error-free;

c) information provided as part of the Services will be accurate or reliable;

d) App Content will be in compliance with our Acceptable Use Policy at section of these Terms of Use;

e) the quality of any services, information, or other material purchased or obtained by you through the Services will meet your expectations; or

f) any errors in the Services will be corrected.

7.4. Access to all or part of the Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

7.5. We may, from time to time, update the App via the Appstore which you downloaded the App from. Updates may interrupt use of the Services and/or render the Services inaccessible until such time as the App has been successfully updated.

8. App Content

8.1. We make no warranty or representation about App Content, including as to whether or not the App Content is accurate, complete or up to date, and we do not make the App Content available for any particular purpose.

8.2. We accept no responsibility for any App Content that has been licensed to us by any third party, or any User Content. This includes (but is not limited to) defamatory publications, offensive content or content which infringes the rights of a third party (include intellectual property rights or privacy rights). Any views or opinions within the App Content are those of the individual author(s) and are neither endorsed by us nor representative of our opinions.

8.3. You may use and reproduce App Content only in accordance with the terms of the EULA and, in particular, the Acceptable Use Policy set out in section 10 of these Terms of Use. You must not grant any rights in or rent, lease, loan or sell any App Content and, except to the extent such prohibitions cannot be excluded by law, you may not modify, dissemble, alter, edit or create derivative works from the App Content, or otherwise display it in any way which could reasonably be considered as placing the App Content out of context.

8.4. The Services may not be accessible from all countries or regions, nor available in all languages. We provide no warranty or other assurance that the Services will be operational or appropriate in all locations or that they will be in compliance with local laws. You are responsible for ensuring that by entering into the EULA and using the Services you are in compliance with local laws.

9. User Content

9.1. We are not responsible for any contact, communication, meet ups or other interactions between you and any other Users, or any User Content which you contribute, comment or post online when using the Services.

9.2. In consideration for our providing you with access to the Services and our granting you a licence under section 1 of the Terms of Use, you hereby agree to waive all rights (including moral rights) in, and title to, User Content and agree that all User Content shall be our sole property and that all rights (including any intellectual property rights) in any User Content shall be assigned to and vest in us immediately upon creation.

9.3. User Content is not moderated or vetted by us and nor does it represent our opinions or values. It is your responsibility to ensure that any User Content you create or contribute complies with the EULA. Content created by other Users should not be relied upon and we accept no liability to you or any third party for the content or accuracy of any User Content.

9.4. You may not contribute any User Content which is, or which we reasonably consider to be, a breach of our Acceptable Use Policy set out in section 10 of these Terms of Use and you warrant and represent that any User Content you contribute will comply fully with the terms of the EULA.

9.5. You agree to immediately report to us any User Content you identify which is, or which appears likely to be, in breach of the EULA to us pursuant to our Notice and Take-Down procedure set out at section 15 of these Terms of Use.

9.6. User Content shall not advertise nor place or link to any advertisement without our prior written authorisation. If you wish to advertise with us please email us at: info@friendrequest.com

9.7. We shall fully co-operate with any law enforcement authorities or order from a court or other competent authority requesting or directing us to disclose the identity of, or to locate, any person posting any User Content in breach of this section 9 of these Terms of Use, or to disclose any User Content.

9.8. In the event we suspect any User Content has been contributed by you in breach of the EULA we may remove such User Content and/or terminate the EULA and your right to use the Services without having to provide reasons or explanation for such action. We also have the right to disclose your identity to any third party who is reasonably claiming that any User Content contributed by you constitutes a violation of their rights (including, but not limited to, their intellectual property rights and their right to privacy).

9.9. Recognising the global nature of the Internet, you are responsible for ensuring that any actions you take and any User Content that you contribute accords with the laws of your country of residence, the country you are in while posting any User Content and any other country that any other User is likely to be in while viewing such User Content.

10. Acceptable Use Policy

10.1. We respect the rights of others and will not allow the Services to be used in a way which might defame or harass any person or infringe the legal rights (including intellectual property rights) of any third-party and this section sets out our policy on acceptable use (Acceptable Use Policy). You may only use the Services (including when contributing User Content) in a way which respects the rights of others and in particular you must not do any of the following:

a) act in a way which represents or implies that we or any of our licensors endorse any products or services other than those provided (respectively) by us or our licensors, or in a way which misrepresents your relationship with us or our licensors, or offers false or misleading information about us, our licensors or the Services;

b) act in any manner which is (or promotes, incites or encourages any other person or organisation to do anything which is) unlawful, pursues an unlawful purpose, is inconsistent with or contrary to the terms of the EULA, breaches any legal duty owed to a third party (such as a contractual duty or a duty of confidence), is considered a criminal offence, gives rise to civil liability, or is in breach of any applicable law of, infringes the rights (including intellectual property rights) of any third party in, any country in the world, or which involves any act which could be viewed as fraudulent or malicious (including, but not limited to any form of hacking, the distribution of harmful or malicious software, data or code or any act which constitutes an offence under the Computer Misuse Act 1990);

c) publish any statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;

d) contribute or transmit any User Content that is (either explicitly or by its implied meaning) threatening, defamatory, unlawful, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous or otherwise objectionable conduct or which is in breach of confidence or privacy;

e) impersonate, or misrepresent your identity or affiliation with, any person or entity or give the impression that User Content emanates from any other person if this is not the case;

f) “stalk” or otherwise harass, upset, embarrass, alarm or annoy any other person;

g) collect usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email;

h) display any material provided as part of the Services (including App Content) in a context which might alter its meaning either expressly (such as through the use of subtitles, captioning or dubbing) or by implication (such as placing material in an unsuitable context) so that such material might be considered offensive, unlawful, defamatory or an infringement of the rights (including intellectual property rights) of any person;

i) act in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users or attempt to disassemble, reverse engineer or decompile any part of the Services or our API;

j) archive any App Content;

k) download, store or use photographs or other images within the App Content as screensavers, wallpapers or backgrounds on any website, document or device (including mobile devices);

l) create a frame or any other browser or border environment around our website, App or the App Content, or frame or display the Services in such a way that they appear on the same page as any third party services;

m) edit, revise, amend, obscure, remove, distort or otherwise alter the size, appearance or meaning of our logo or any other mark, image or any other material provided as part of the Services (including App Content) in which we and/or any of our licensors have any proprietary rights or interests (including intellectual property rights);

n) use, reproduce or infringe our rights or those of any third-party (including our licensors) except, in the case of use or reproduction, where the right to such use or reproduction is expressly permitted by us within the EULA; or

o) collect or harvest any information or data, attempt to create any form of database using the App Content, or attempt to decipher any transmissions to or from our servers.

10.2. The App Content may not comply with this section 10 of these Terms of Use, and you understand that you may encounter App Content or User Content which is inconsistent with the Acceptable Use Policy above. You accept and agree that we do not actively monitor App Content or User Content and that use of the Services is at your own risk.

10.3. When we consider that a breach of this Acceptable Use Policy has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply with this Acceptable Use Policy constitutes a material breach of the EULA, and may result in our taking all or any of the following actions:

a) immediate, temporary or permanent withdrawal of your right to use the Services and the App;

b) immediate, temporary or permanent removal of any User Content you have generated, contributed to or posted;

c) issue of a warning to you;

d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

e) disclosure of such information to law enforcement authorities or other competent authority as we reasonably feel is necessary or as required by law.

10.4. We exclude our liability for all action we may take in response to breaches of this Acceptable Use Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

10.5. If you wish to complain about any User or any User Content generated, contributed or posted, please contact us at info@friendrequest.com. We will then review the User’s behaviour and/or their User Content and decide whether it complies with the EULA. We will deal with any User who, in our opinion, has breached the terms of the EULA as described in section 10.4 of these Terms of Use. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.

11. Data Protection, Privacy and Cookies

11.1. Your use of the Services will generate data which we may collect and process. The data we collect and the way in which we process it is explained in more detail by our Privacy and Cookie Policy which can be accessed here. By using the Services, you consent to the collection and use of data, including personal data (as defined by the Data Protection Act 1998, the General Data Protection Regulation (EU) 2016/679, and/or any corresponding or equivalent national laws or regulations giving effect to or replacing them) on the terms set out in the Privacy and Cookie Policy.

11.2. To improve the Services, we may install cookies on your device if viewing our marketing website, and you can consent to this there. More detail on the use of cookies can be found in our Privacy and Cookie Policy which can be accessed here.

12. Intellectual Property

12.1. The Services and all App Content (including, but not limited to, words, images, audio, video, logos, graphics, User Content and other material) is our or our licensor’s intellectual property and all such rights are fully reserved. The Services and all App Content are protected by copyright and all other applicable intellectual property right law in the UK and globally (through applicable international laws and treaties).

12.2. Subject to the terms of the EULA, no part of the App Content may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

13. Third-Party Websites

13.1. Links to third-party websites are neither reviewed nor controlled by us and we are not responsible for such third-party websites, their security, content or availability. We do not endorse or make any representations about such websites, or any material contained therein, or the consequences of visiting them.

13.2. You agree that accessing any third party websites (including, but not limited to, those linked to via the App and / or the App) is done entirely at your own risk and without any liability to us.

14. LIABILITY AND INDEMNITY

14.1. Nothing in the EULA shall purport or serve to limit or exclude liability for: (i) death or personal injury resulting from negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be excluded or limited by applicable law.

14.2. You agree that, subject to section 14.1 above, we shall not be liable or responsible for any loss, damage or other liability, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, which arises out of or in connection with any of the following:

a) any dispute between the Users in connection with the use of the Services;

b) the conduct of Users in connection with the use of the Services and in any relationship between Users;

c) the use of, or inability to use, the Services;

d) the entering into or termination of the EULA;

e) our suspension of, or other action we take with respect to, a User’s account or breach of the EULA;

f) any User Content;

g) use of or reliance on any App Content (including, but not limited to, User profiles, any financial information, which is for general information only and does not constitute professional advice, or navigational information which is for general information only);

h) loss or corruption of data, information or software;

i) any indirect or consequential loss or damage; or

j) any virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material which results from your use or access of the Services or any third-party content accessed directly or indirectly as a result of your use of the Services.

14.3. You agree that, subject to sections 14.1 and 14.2 above, our total aggregate liability for any loss, damage or other liability, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the EULA (including our provision, and your use, of the App and the Services) shall in all circumstances be limited to £1,000,000 (one million pounds).

14.4. All implied warranties, conditions or other terms (whether implied by statute or otherwise) shall be excluded from the EULA to the extent permitted by law.

14.5. You agree to indemnify us and keep us fully indemnified and held harmless, at your own expense, against any claims, losses, damages, costs, fines, monetary penalties or expenses and other liabilities (including legal fees) suffered or incurred by, awarded against or agreed to be paid by us as a result of any breach of your obligations under the EULA (including, but not limited in the event you contribute User Content which breaches the EULA, is defamatory or infringes the intellectual property rights or other rights of any third party).

15. Notice and Take-Down

15.1. In the event you become aware of material, whether in the form of User Content or other App Content which infringes, or appears reasonably likely to infringe, the rights (including intellectual property rights) of any third party or which could reasonably be considered to be defamatory or constitute an activity which is prohibited under the Acceptable Use Policy, it is important that you notify us immediately by emailing us at: info@friendrequest.com using the subject line ‘Inappropriate Content Notice’ and providing the following information:

a) your email address at which we may contact you;

b) (where possible) the location (in the form of a website URL) of the offending material;

c) (where content appears defamatory) the meaning you attribute to the statement(s);

d) (where content appears defamatory), the aspects of the statement you believe are either factually inaccurate or are opinions not supported by fact;

e) confirm you do not have sufficient information about the author to bring proceedings against that person;

f) confirm whether you consent to us providing the author with your name and email address; and

g) (where content appears to infringe an intellectual property right), details of the right allegedly infringed.

15.2. Following receipt of a notice sent by you under this section 15 of these Terms of Use, we will investigate the complaint and take whatever action we deem appropriate (including by notifying the author and removing the offending material).

15.3. You should be aware that the majority of App Content is either User Content or content produced by third parties who licence it to us for distribution and transmission in electronic form via the App platform, and you agree that we are not the author, editor or original publisher of all App Content and do not monitor or have effective control over it.

15.4. We take reasonable care that the App Content is not defamatory and does not infringe third party rights by:

a) only publishing licensed content from third parties who have warranted the content is neither defamatory nor in breach of the rights (including intellectual property rights) of any third party; and

b) requiring Users who submit User Content to comply with our EULA, which includes an Acceptable Use Policy (found at section 10 of these Terms of Use), when contributing User Content.

16. General

16.1. We may transfer or assign our rights and obligations under the EULA without affecting your rights and obligations.

16.2. Unless we expressly state otherwise, where we refer to the words ‘include’ or ‘including’ in the EULA, such words are illustrative only and any terms which follow them shall not be viewed as exhaustive or otherwise limiting the EULA.

16.3. If we fail to require you to perform any of your obligations under the EULA or fail to enforce any of our rights against you, such a failure shall not constitute a waiver of our rights, nor shall it release you from any such obligations. Any waiver by us of our rights or of your obligations shall only be valid if we provide you with written notice of such a waiver.

16.4. You may not use, export or re-export the App Content in breach of the EULA, applicable law or for illegal or immoral purposes.

16.5. If any part of the EULA becomes illegal, void or otherwise unenforceable, it shall be modified to the extent necessary to make it enforceable whilst retaining the parties’ original intentions. If such modification is not possible such part shall be deleted without affecting the remainder of the EULA.

16.6. Subject to section 6 of these Terms of Use, no third-parties shall be entitled to enforce any part of the EULA, and the Contracts (Rights of Third Parties) Act 1999 shall be excluded.

16.7. Use of the Services may be subject to local law in your current jurisdiction. The terms of the EULA shall at all times be governed by and construed in accordance with English law. Any dispute (including non-contractual disputes and claims) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

17. Contact us

17.1. In the event you have any questions, comments or complaints about the Services, you can contact us by email at: info@friendrequest.com

1.1. We respect the rights of others and will not allow the friendrequest app, platform or related services (collectively, the friendrequest Services) to be used by Users or Event Providers in a way which might defame or harass any person or infringe the legal rights (including intellectual property rights) of any third-party. Our policy on acceptable use is set out below (Acceptable Use Policy).

1.2. You may only use the friendrequest Services (including when contributing your own content (User Content)) in a way which respects the rights of others and in particular you must not do any of the following:

(a) contribute or transmit any User Content that is (either explicitly or by its implied meaning) threatening, defamatory, unlawful, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous or otherwise objectionable conduct or which is in breach of confidence or privacy;

(b) “stalk” or otherwise harass, upset, embarrass, alarm or annoy any other User or other person;

(c) impersonate, or misrepresent your identity or affiliation with, any other User or other person or entity (including Event Providers) or give the impression that User Content emanates from any other person if this is not the case;

(d) publish any statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;

(e) act in any manner which:

a. is (or promotes, incites or encourages any other person or organisation to do anything which is) unlawful;

b. pursues an unlawful purpose;

c. is inconsistent with or contrary to the friendrequest Terms of Use;

d. breaches any legal duty owed to a third party (such as a contractual duty or a duty of confidence);

e. is considered a criminal offence;

f. gives rise to civil liability;

g. is in breach of any applicable law of, infringes the rights (including intellectual property rights) of any third party in, any country in the world, or which involves any act which could be viewed as fraudulent or malicious (including, but not limited to any form of hacking, the distribution of harmful or malicious software, data or code or any act which constitutes an offence under the Computer Misuse Act 1990);

(f) collect usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email;

(g) display any material provided or made available by us as part of the friendrequest Services (friendrequest Content) in a context which might alter its meaning either expressly (such as through the use of subtitles, captioning or dubbing) or by implication (such as placing material in an unsuitable context) so that such material might be considered offensive, unlawful, defamatory or an infringement of the rights (including intellectual property rights) of any person;

(h) act in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users or Event Providers or attempt to disassemble, reverse engineer or decompile any part of the friendrequest Services or our API;

(i) archive any friendrequest Content;

(j) download, store or use photographs or other images within the friendrequest Content as screensavers, wallpapers or backgrounds on any website, document or device (including mobile devices);

(k) act in a way which represents or implies that we or any of our licensors endorse any products or services other than those provided (respectively) by us or our licensors, or in a way which misrepresents your relationship with us or our licensors, or offers false or misleading information about us, our licensors or the friendrequest Services;

(l) create a frame or any other browser or border environment around our App or the friendrequest Content, or frame or display the friendrequest Services in such a way that they appear on the same page as any third party services;

(m) edit, revise, amend, obscure, remove, distort or otherwise alter the size, appearance or meaning of our logo or any other mark, image or any other material provided as part of the friendrequest Services (including friendrequest Content) in which we and/or any of our licensors have any proprietary rights or interests (including intellectual property rights);

(n) use, reproduce or infringe our rights or those of any third-party (including our licensors) except, in the case of use or reproduction, where the right to such use or reproduction is expressly permitted by us within the friendrequest Terms of Use; or

(o) collect or harvest any information or data, attempt to create any form of database using the friendrequest Content, or attempt to decipher any transmissions to or from our servers.

1.3. You acknowledge that you may encounter friendrequest Content or User Content which is inconsistent with this Acceptable Use Policy. You accept and agree that we do not actively monitor friendrequest Content or User Content and that use of the friendrequest Services is at your own risk.

1.4. When we consider that a breach of this Acceptable Use Policy has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply with this Acceptable Use Policy constitutes a material breach of the friendrequest Terms of Use, and may result in our taking all or any of the following actions:

(a) immediate, temporary or permanent withdrawal of your right to use the friendrequest Services;

(b) immediate, temporary or permanent removal of any User Content you have generated, contributed to or posted;

(c) issue a warning to you;

(d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

(e) disclosure of such information to law enforcement authorities or other competent authority as we reasonably feel is necessary or as required by law;

(f) any other action which we deem, in our discretion, appropriate and which are permitted under applicable law and/or in accordance with (for a User) friendrequest Terms of Use or (for an Event Provider) Platform Access T&Cs

1.5. If you wish to complain about any User, Event Provider or any User Content generated, contributed or posted, please contact us at info@friendrequest.com. We will then review the behaviour of the (as applicable) User or Event Provider and/or their User Content and decide whether it complies with this Acceptable Use Policy. We will deal with any User or Event Provider who, in our opinion, has breached this Acceptable Use Policy in accordance with applicable law ad (for a User) the friendrequest Terms of Use or (for an Event Provider) the Platform Access T&Cs. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.