Terms and conditions
Please read these terms and conditions carefully before using this site
WHAT’S IN THESE TERMS?
1. These terms tell you the rules for using our website at manusapp.com (our “website”, our “site”).
2. You may print off and keep a single hard copy of these terms for your own personal reference, if you wish to do so.
WHO WE ARE AND HOW TO CONTACT US
3. Our site is operated by Manus App Limited (”we”, “us”, “our”). Our full details, including our contact details, are set out under the “About us” section at the end of these terms.
BY USING OUR SITE YOU ACCEPT THESE TERMS
4. By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
5. Only private individuals over 18 years of age are permitted to use our website and services.
6. If you do not agree to these terms, you must not use our site.
7. We recommend that you print a copy of these terms for future reference.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
8. These terms of use refer to the following additional terms and policies, which you must respect and abide by, and which also apply to your use of our site:
a. Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
b. Our Cookie Policy which sets out information about the cookies on our site.
WE MAY MAKE CHANGES TO THESE TERMS
9. We may amend these terms from time to time. Any such amendment shall be effective upon our posting the new version on our site. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on the date specified at the end of these terms (see “VERSION” below).
WE MAY MAKE CHANGES TO OUR SITE
10. We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities, or any other reason/s in our entire and absolute
discretion. We will try to give reasonable advance notice of any major changes.
FREE OF USE
11. Our site is made available free of charge.
WE MAY SUSPEND OR WITHDRAW OUR SITE
12. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our
site for business and operational reasons. We will try, but shall have no obligation, to give you reasonable advance notice of any planned suspension or withdrawal.
13. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
14. For the avoidance of doubt, the provision of access to our website, and the provision of content and services on and in connection with the website, is at our entire discretion, and we may, in our entire discretion, at any time, and for any or no reason, terminate, discontinue, modify, replace or add to the website or any part or parts of it, including any of its contents or services, without any prior notice whatsoever.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
15. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as
confidential. You must not disclose it to any third party.
16. We have the right to disable any user identification code or 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 these terms of use.
17. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at help@manusapp.com.
USE OF OUR SITE
18. Our website and services, and any information or contents that we provide, are for your personal use only, and may not be used in connection with any commercial endeavors except where and to the extent specifically endorsed or approved by us. Illegal and/or unauthorized use of our site or services, including (i) collecting screen names and/or email addresses of any users and/or any other data or content from our site by electronic or other means (including automated web crawlers and spiders) and whether for the purpose of sending unsolicited email, data aggregation, transmission to or storage in another website, or otherwise; and (ii) unauthorised framing of or linking to the website is prohibited. Using webcrawler, spidering or other automated means to access, copy, process and/or store any content or data made available on the website or through our services is prohibited unless and to the extent that we expressly agree in writing.
19. Legal action may be taken by us in relation to any illegal, unlawful or unauthorised use of our website or services.
HOW YOU MAY USE MATERIAL ON OUR SITE
20. We are the owners or licensees of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
21. You are permitted to view this website and its contents on the internet from your own personal computer or mobile device and to use any interactive services provided on it (provided at all times that you accept and are in compliance with with these terms, and the terms of any other agreement/s that you enter into with us, and provided at all times that we have not withdrawn our permission for you to use our site and/or services), but no other use or reproduction of this website or of its contents is permitted whatsoever (whether of our own material or of any other material in or on our website), unless and to the extent that you have our express written permission to do so. If you wish to use or reproduce any part of this website or its contents you should seek our express written consent before doing so. You may not republish, retransmit, redistribute or otherwise make available to any other person, entity or organisation (whether in hard copy or other media, or on any website, on-line service or bulletin board of your own or of any other party) this website or any of its contents (whether in whole or in part) without our express prior written consent.
DO NOT RELY ON INFORMATION ON THIS SITE
22. The content that is provided by us on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
23. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE OR ANYONE ELSE LINKS TO
24. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
25. We have no control over the contents of those sites or resources. The mere fact that a link appears on our website does not indicate that we are associated or connected in any way whatsoever with, or that we endorse or approve of, any of those other websites or any of their operators, or that we endorse or approve of or have any association or connection whatsoever with any of the contents, information, products or services advertised, sold or provided on any of those websites. We are not responsible for any transmission that you may receive from any linked site.
26. In terms of linking to us, you may link to our home page, provided you do so in a way that is fair and legal, non-commercial, 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 site in any website that is not owned by you.
27. Our site 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.
28. We reserve the right to withdraw linking permission without notice.
29. The website in which you are linking must comply in all respects with the content standards and all other rules set out in our terms.
30. If you wish to link to or make any use of content on our site other than that set out above, please contact help@manusapp.com.
USER-GENERATED CONTENT IS NOT APPROVED BY US
31. This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
32. If you wish to complain about information and materials uploaded by other users please contact us at help@manusapp.com.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
33. Whether you are a consumer or a business user: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
34. By using this website, you expressly agree that you are doing so at your own risk. Whilst we endeavour to provide a service that is of the highest quality, we cannot guarantee that our service will always meet the standards that we aspire towards, and we cannot guarantee that the website, its contents or service will be uninterrupted or error-free. We may suspend access to this website or to any part of it at any time without giving any prior notice whatsoever.
35. THIS WEBSITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
36. NOTHING ON THIS WEBSITE CONSTITUTES ADVICE. BEFORE MAKING ANY DECISION OR TAKING ANY ACTION IN RELIANCE UPON ANY INFORMATION CONTAINED ON THIS WEBSITE YOU SHOULD SEEK SEPARATE INDEPENDENT PROFESSIONAL ADVICE.
37. WE ACCEPT NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE THAT YOU OR ANY OTHER PERSON MAY SUFFER BY USE OF OR RELIANCE UPON ANY INFORMATION CONTAINED ON THIS WEBSITE OR ANY OF ITS CONTENTS, AND IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY, IN ANY MANNER (INCLUDING NEGLIGENCE) FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING THIS WEBSITE YOU AGREE THAT THIS LIMITATION WILL APPLY TO ALL SERVICES, CONTENT, GOODS OR SERVICES AVAILABLE THROUGH THIS WEBSITE.
38. TO THE FULL EXTENT PERMITTED BY THE APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAILS WHICH MAY BE SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES.
39. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF AND TO THE EXTENT THAT THE APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID TO US FOR ANY GOODS OR SERVICES PURCHASED FROM THIS WEBSITE.
40. Notwithstanding the foregoing, nothing in these terms and conditions shall operate or be construed so as to limit or exclude any liability on our part for death or personal injury caused by our negligence or for any fraud or fraudulent misrepresentation.
41. If you are a business user: We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or: use of or reliance on any content displayed on our site. In particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
42. If you are a consumer user: We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with; use of, or inability to use, our site; or: use of or reliance on any content displayed on our site. In particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage. Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
UPLOADING CONTENT TO OUR SITE
43. If you communicate, post or upload any material on to or through our website you agree that: (A) in doing so you thereby (i) grant to us an irrevocable, perpetual, world-wide, royalty free license to copy, reproduce, modify, adapt and/or use that material in any way that we may from time to time see fit, (ii) to the fullest extent permissible under law waive your moral rights and any similar rights that you have or may have in relation to that material whether under the Copyright, Designs and Patents Act 1988 (as from time to time amended or re-enacted) or any other similar law or laws, or otherwise, anywhere in the world, (iii) without prejudice to the generality of any of the foregoing provisions irrevocably permit us to edit, redact, modify, block, delete, remove or anonymise any such material at any time; and that (B) any such material will be considered non-confidential and non-proprietary.
44. Whenever you make use of a feature that allows you to communicate, post or upload any material to or through our site, you must comply with the content standards set out in our terms.
45. We also have the right to disclose your identity to any third party who is claiming that any material communicated, posted or uploaded by you to or through our site constitutes a violation of their intellectual property rights, or of their right to privacy, or of any other rights whatsoever.
46. You hereby agree that we shall have the unfettered right, in our sole, entire and absolute discretion (but shall be under no obligation), to remove or delete, modify, supplement, amend or adapt, any communication, posting or other material from our site (including for the avoidance of doubt any content or other material produced or uploaded by yourself or any third party).
47. You are solely responsible for securing and backing up your own content, if you wish to do so. We shall have no liability to you for securing or backing up any material on our site whatsoever.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
48. We do not guarantee that our site will be secure or free from bugs or viruses.
49. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
50. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
INDEMNITY
51. You agree to indemnify and hold us, our subsidiaries, and affiliates, and our and their respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the website or our services in breach of these terms and conditions, and/or arising from your use of or conduct on the website or in use of our services and/or a breach of these terms and conditions.
GENERAL
52. Any failure by us to exercise or to enforce any right or provision of these terms and conditions shall not operate as a waiver of that or any other such right or provision or of any other right or provision.
53. If any provision (including any part of any provision) of these terms and conditions is unlawful, void or unenforceable, that provision shall (to the extent necessary to preserve the validity and enforceability of these terms and conditions) be deemed to be severed from these terms and conditions, without affecting the validity and enforceability of any remaining provisions, and those remaining terms and conditions shall continue in full force and effect.
54. You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
55. No third party is intended to be given any benefit under or by reason of, and shall not be entitled to enforce, the whole or any part of these terms and conditions, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
56. These terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that (i) if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, (ii) if you are a resident of Scotland, you may also bring proceedings in Scotland, and (iii) nothing in these terms and conditions shall limit our right to bring proceedings (in connection with these terms or your use of our website) against you arising in any jurisdiction in which you reside or own any property.
57. You are solely responsible for your interactions with other users of our website or services. We reserve the right (and you accept that we have the right), but have no obligation, to monitor, through the website, any disputes or other interactions that take place between you and any other users of our website.
ABOUT US
We are (and all references to “us”, “we”, and “our” throughout these terms are references to):
Manus App Limited
(a private limited company registered in England and Wales under company reg. no.10517144)
Registered company address:
470a Green Lanes, London, England, N13 5PA
VAT Registration Number 340 8991 79
To contact us, please email us at help@manusapp.com.
VERSION
The version number of this terms and conditions document is set out below, together with the date upon which it was last updated:
version: 1.0
last updated: 8 April 2021