Ange and Gerry's Terms of Service

Effective Date: 1st November, 2015

Use of Ange & Gerry’s website and mobile applications are subject to your review and agreement with these Terms of Service. This document describes in detail your rights and our rights relating to the provision of the Service, so please review these Terms carefully.

Information about us

www.angeandgerrys.com and our mobile applications are operated by Ange & Gerry’s Limited (“we” “us” “our”). Ange & Gerry’s Limited is a private limited company registered in England and Wales under company number 9805762. Our registered office is at 1927 Building The Old Gasworks, Michael Road, London, SW6 2AD United Kingdom.

General terms of use

These terms set out the terms of use on which you may use our website www.angeandgerrys.com (“Our Site”), including accessing or browsing Our Site and any sub-domains of Our Site, and any of the Ange & Gerry’s mobile applications. Please read these terms of use carefully before you start to use Our Site or mobile applications. By using Our site or mobile applications, you confirm you agree to these terms of use and you also agree to abide with them. If you do not agree to these terms, you are forbidden to use Our Site or mobile applications.

Other terms applying to the use of our site

These terms of use include the following additional terms, which also apply to your use of Our Site and mobile applications:

Privacy Policy, setting out the terms on which we process personal data collected from you, or that you provide to us. Please note that in using Our Site, you are consenting to such processing.

Cookie Policy, setting out information about the types of cookies on Our Site, including details of first party cookies and third party cookies.

What is the Service?

The Ange & Gerry’s Service consists of our website www.angeandgerrys.com (“Our Site”), and any sub-domains of Our Site, and any of the Ange & Gerry’s mobile applications. In exchange for being enabled to use the Service, you agree to abide by these Terms.

Terms of Use for Enterprise Clients

If you are an Enterprise Client you may also need to enter into a separate agreement with us. We refer to each of these as a “Separate Agreement.” If that happens, the Separate Agreement shall take precedence if there is a conflict between those terms and these Terms, to the extent of such conflict and with respect to the particular subject matter of that Separate Agreement.

Changes to this Terms Of Service

Changes may need to be made to these Terms, due to changes in our Service and the laws that apply to us and you. If we make a change, we’ll do our best to provide you with advance notice, although in some situations, such as where a change is required to satisfy applicable legal requirements, an update to these Terms may need to be effective immediately. We’ll announce changes here at our site, and we also may elect to notify you of changes by sending an email to the address you have provided to us. We will also try to explain the reasons for the change.

If we do update these Terms, you are free to decide whether to accept the updated terms or to stop using our Service; your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement expressly amending these Terms and bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose.

Using the Ange & Gerry’s Service

Accessing the Service

Once an Agreement has been made between us and an Enterprise Client, we will set up a Enterprise Client Account and Administrative Users (“Admins”). The Admins will populate Client Content in the Ange & Gerry’s Portal to populate and configure the mobile applications (“Applications”). Following population and configuration of the Applications, the Enterprise will distribute the Applications to their End Users.

End Users of the Applications during the Term are permitted to download and run the Applications on the Devices and to use the Application (and such Services as have been integrated into the Application) and to generate End User Content to the extent provided for by the Application and in accordance with this agreement.

Acceptable use of the Service

The End User shall keep secure and confidential its Access Information for its use of the Portal and the Application (as applicable) and the Services.

The End User shall not:

  1. make alterations to, or modifications of, the whole or any part of the Portal, the Data Feeds, the Application, any Service and/or any Ange & Gerry’s operating system (the Technology), or permit the Technology or any part of it to be combined with, or become incorporated in, any other programs;
  2. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Technology 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 Technology with another software program, and provided that the information obtained during such activities:
    • is used only for the purpose of achieving inter-operability of the Technology with another software program;
    • is not unnecessarily disclosed or communicated without Ange & Gerry’s prior written consent to any third party; and
    • is not used to create any software that is substantially similar to the Technology;
  3. to keep all copies of the Technology secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Technology;
  4. to include Ange & Gerry’s copyright notice on all entire and partial copies made of the Technology on any medium;
  5. not to provide or otherwise make available the Technology in whole or in part (including object and source code), in any form to any person without prior written consent from Ange & Gerry’s; and
  6. to comply with all technology control or export laws and regulations that apply to the Technology.

The End User must:

  1. not use the Technology in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Service, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Technology;
  2. not infringe Ange & Gerry’s Intellectual Property Rights or any other rights or those of any third party in relation to their use of the Technology, including the submission of any End User Content;
  3. not to remove or alter any of Ange  & Gerry’s Marks, copyright or other proprietary notices, symbols or labels within the Technology;
  4. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to their use of the Technology;
  5. not use the Technology in a way that could damage, disable, overburden, impair or compromise Ange & Gerry’s systems or security or interfere with other users; and
  6. not collect or harvest any information or data from any of the Technology or Ange & Gerry’s systems or attempt to decipher any transmissions to or from the servers running any of the Technology.

The End User shall not:

  1. Except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties, and except to the extent expressly permitted under this Agreement:
  2. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Portal and/or the Application in any form or media or by any means; or
  3. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Portal and/or the Application; or
  4. access all or any part of the Services in order to build a product or service which competes with the Services, the Portal and/or the Application; or
  5. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party except the Administrative Users (provided that the provision of Services to End Users is permitted to the extent necessary to enable them to use the  Application); or
  6. attempt to obtain, or assist third parties in obtaining, access to the Services, the Portal and/or the Application.

Data protection

We shall, in providing the Services, comply with our Privacy Policy.

You retain copyright and any other rights you already held in your Content before you submitted, posted or displayed it on or through the Service. But you do have to grant Ange & Gerry’s a limited license, so we can make your data accessible and usable on the Service. Other than this limited license and other rights you grant in these Terms, Ange & Gerry’s acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your Content.

Right to modify the Service

We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service and any Applications, including changes that may affect the previous mode of operation of the Service or Applications. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions and email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice.

You also acknowledge that a variety of Ange & Gerry’s actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Ange & Gerry’s has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service.

Third-Party Links and Content

We may include or recommend third party resources, materials and developers and/or links to third party websites, content and applications as part of, or in connection with, the Service. We may have little or no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites, content or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications.

Indemnity

You agree to indemnify and hold Ange & Gerry’s, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will endeavor to provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.

Limitation of Liability

The Enterprise Client assumes sole responsibility for results obtained from the use of the Services by the Client, any Administrative User and/or any End User, and for conclusions drawn from such use.

  1. Ange & Gerry’s shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Ange & Gerry’s by the Enterprise Client, any Administrative User or any End User in connection with the Services, or any actions taken by Ange & Gerry’s at the Client's direction;
  2. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement; and
  3. the Services are provided to the Client, the Administrative Users and the End Users on an "as is" basis.

Contact Us

Ange & Gerry’s welcomes your feedback regarding this Terms of Service policy. If you have questions, comments or concerns about this Policy, please contact us by email or post.