USER REGISTRATION TERMS
Latest Revision: May, 2018
Introduction: who we are and what these Terms are used for
Your Registration: how to get started with StreetAway
You: general stuff about you and your basic obligations
Us: general stuff about us and our basic obligations, including exclusions and limitations of liability
Intellectual Property general information about intellectual property rights
Offers: information about offers posted by our Partners, associated intellectual property rights and purchasing
This Contract: general legal stuff about our relationship with you, often called ‘the boilerplates’
Thank you for choosing to use StreetAway, it’s a decision we’re sure you won’t regret. When we refer to “StreetAway” we are referring to the “Website” located at https://www.streetaway.co.uk and the StreetAway mobile application (“App”) available via the App Store or Google Play Store.
StreetAway allows you to explore, discover and save money on goods and services in different areas around the world. The service that StreetAway offers (which we’ll refer to in this document as our “Service”) requires our users to interact with our business partners (“Partners”) and us within some kind of framework designed to safeguard everyone’s legitimate interests. In essence, that framework is provided by these registration terms, which we’ll refer to as the “Terms”. You can read about our Service in more detail by visiting the Website.
StreetAway is owned and operated by New Apex Ltd, whose registered office is located 31 Bath Lane, Newcastle upon Tyne, NE4 5SP. When we use words like “we”, “us” and “our” in these Terms, it is to New Apex Ltd that we refer. Likewise, when we use words like “you” and “your”, we are referring to you, whom, we hope, will soon be our registered user.
Only users who have registered with us can access our Services App and purchase offers through StreetAway (and they can only do so by the acceptance of these Terms). Unfortunately if you don’t accept these Terms, you won’t be able to use the access the App or our Services.
You may notice throughout that certain phrases and sentences begin or are followed by a single word, highlighted in bold like “This” or like (“This”). When you see that we’re telling you we want to use this word as we are defining it there throughout these Terms and we’ll make it clear when we use these definitions again by repeating these words with the Seemingly Inappropriate Use Of Capital Letters.
All of these Terms apply to everyone who wishes to register to use the App and when you complete your registration by accepting these Terms, there will be a legal contract between you and us.
We will need some basic information from you in order to complete your registration and there are three ways in which you can register. You can register using the Facebook sign up option found on the App or the Website. If you choose to do so this way, you will be granting us access to the information contained within your Facebook profile, which will include your email address, full name, date of birth and profile picture as a minimum. You can register using your Google account too, where we will collect also collect your email address, full name, date of birth and profile picture. Finally you can also register directly with StreetAway by completing our registration form when you first access the App or the Website. If you choose to register this way we will need your full name, your email address and you will also be asked to set a password for your account. It is your responsibility to ensure that you do not share these login credentials with any other Users and only use the App for personal and private use.
In completing your registration, you confirm that the information you are providing to us during the process is accurate and up-to-date. You can change these details later by accessing your settings within StreetAway or by contacting us by email, as applicable.
By completing the registration process you warrant to us that you have read and accepted these Terms. It is important that you have read and carefully considered these Terms as upon acceptance you are entering into a contract with us and that contract is based upon them. Don’t worry, you don’t *have* to do anything in particular. If you register and subsequently decide not to use our App or the Service, there’s nothing you are required to do (and if you wish, you can have your registration terminated). But since you are entering into a contract with us, it would be sensible to have a careful read of these Terms just to make sure you are aware of the position.
You’ll always be able to find a copy of these Terms on the Website or via the App, but you might want to print off a copy for your records. If you do, please bear in mind that the Terms might change in the future, especially since we may add functionality to the App and the Service that we offer over time. We may change these Terms and if we do so, we will, of course, contact you to let you know that the Terms are to change, what those changes are and when the changes will come into effect. If you continue to use the App and our Services after that, you will do so having accepted the new version of the Terms.
Once you’ve registered with StreetAway, you’ll have access to all the features and functionality of the App and our Website enabling you to fully interact with our Partners.
We mentioned above the minimum information that you’ll have to provide us in order for your registration to be effective. Of course, that information alone will be enough to identify you personally and so for that reason, it is protected under the Data Protection Act 1998, the Union General Data Protection Regulation (“GDPR”) and probably equivalent laws in your jurisdiction if you’re not living in the EU. You may want to supplement your profile with further information about yourself and the information you post may reveal more about yourself. We will handle that information in accordance with our Privacy Notice, which forms part of these Terms and thereby, our contract with you. We must be able to identify you as an individual from the information contained within your profile and to that extent, you confirm that your profile information is accurate and that you will keep it up to date. Our Privacy Notice is available to view at any time by visiting our Website or the App.
Our contract with you is subject to the exclusive jurisdiction of English courts and is governed by English law. Because of the way English law works, children are not capable of entering into contracts. Consequently, our Users must be at least 18 years of age or if you are under the age of 18 years of age then you may use our App but only with the permission of a parent or guardian.
Assuming then that you are over 18 and are capable of entering into contracts that are legally binding upon you, your registration on these Terms gives rise to a contract between you and us that is indeed binding on both you and us and those that may later inherit the benefit of the contracts that we have formed. You may not transfer or sell your rights under this contract to anybody else nor may you use it as security for anything. The nature of running a Service like StreetAway means that we may, for some reason have to ‘assign’ the contract that we’ve formed with you to another business (for example, as part of a restructure or if we are acquired by another company) and so we have the right to do that, but we will let you know in advance of any such ‘assignment’.
You can terminate your registration at any time by visiting our Website or the App. The GDPR grants you rights as a Data Subject and should you wish to exercise any of these rights there is more about this in the Privacy Notice so please follow the instructions there.
We may terminate your account if, at our discretion, we consider it to have become inactive. Generally this will be where you have not used StreetAway for a year or so, but it may be less and there may be other factors we take into account.
At any given time, we reckon we have a pretty good idea as to how well the functionality we’ve provided is working. We’re working on new features all the time and occasionally, we may want to replace older features with new, better ones. It is inevitable that every now and again, we will provide features or functionality that seemed like a really good idea at the time but which, for whatever reason, don’t really catch on with our users and the clients we support. So when this happens, we reserve the right under these Terms to add or remove functionality and features. We will do our best to give you some advance notice of this but from time to time, it might not be possible. For example, if something breaks and it is complicated to fix and not sufficiently popular to warrant dropping everything to fix, we may decide to withdraw it immediately. That withdrawal may be temporary, or it may be that we withdraw it permanently, and we reserve the right to decide what’s best in the circumstances. We make no warranties to you that use of the App and our Service will be uninterrupted or error free.
It might be that new functionality requires changes or additions to these Terms or the Privacy Notice, so when we launch new features, you might want to check to see whether we’ve made any changes to either.
Consumers enjoy protection under a variety of laws in different jurisdictions around the world and if you are acting as a consumer in registering to use the App, nothing in these Terms is intended to undermine your protection either in England or wherever you happen to be when you access the App. In English law, it would be unlawful for us to attempt to exclude or limit liability for personal injury or death arising from our negligence, or for any loss you suffer as a result of our fraud. The same applies to any statement we make fraudulently intending you to rely on it in entering into this contract with us. It’s pretty difficult to see how your use of the App or our Services contained within could result in anybody suffering any kind of physical harm, but we just need to be clear about these things.
Bearing in mind always the exceptions we have mentioned in the previous paragraph, there are certain types of liability that we are permitted by law to limit or exclude and, accordingly, WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE (INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL) THAT YOU MIGHT SUFFER AS A RESULT OF USING THE APP OR OUR SERVICE, HOWEVER THAT LOSS DAMAGE OR EXPENSE MIGHT ARISE.
In addition, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM OR FOR THE DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL. This might include a failure of a mobile phone network or Wi-Fi network to deliver notifications or emails to you that provide you with the ability to access the App.
Our Service requires you to interact with our Partners and allows you to purchase their goods and services at a discounted rate. We have a contractual relationship in place with each of our Partners but are not responsible for their actions or for the delivery of their goods and services. WE THEREFORE EXCLUDE LIABILITY FOR THE ACTIONS OF ANY PARTNER THAT YOU INTERACT WITH WHOM YOU INTERACT USING OF OUR SERVICES, THE WEBSITE AND THE APP. If you are not satisfied with the goods or services that you have purchased or believe that they may have been delivered to you incorrectly or not at all, then we may be able to arrange refunds in exceptional circumstances. You should contact us via email at firstname.lastname@example.org if you wish to complain about a Partner.
You also need to be aware that viruses can be transmitted via websites and apps, not just email. If you want to make sure that your systems are safe from infection, you should run suitable security software because WE HEREBY EXCLUDE LIABILITY FOR ANY VIRUS INFECTION OR OTHER HARM CAUSED TO YOUR SYSTEMS THROUGH YOUR USE OF THE APP, ANY CONTENT DOWNLOADED VIA THE WEBSITE, THE APP OR WHEN FOLLOWING ANY LINKS TO WEBSITES RUN BY OTHER PEOPLE.
If we happen to make a statement that turns out to be untrue (whether orally or in writing) prior to your registration, then, unless that statement was made fraudulently by us, we will only be liable to you should that untrue statement result in us breaching these Terms. If it does not, the untrue statement has no impact on our relationship with you save insofar as it may impact on your legal rights as a consumer.
This App and the Service are designed for use and are operated by StreetAway in the United Kingdom. We make no warranties or representations that use of the App and our Service is lawful or available for use in any jurisdictions beyond the United Kingdom. If you choose to access the App and therefore our Services outside of the United Kingdom you are responsible for compliance with all local laws and regulations of your country.
These limitations and exclusions of liability will survive the termination of your registration (which, in turn, would terminate our contract with you).
There may come occasions where we choose not to insist on your total compliance with your obligations under these Terms or that, where you’ve breached the Terms, we don’t make use of our rights to take action against you. This does NOT mean, however, that we are waiving those rights. We can take action against you later if we so choose, and at any time during the lifetime of your registration (or indeed, where necessary, at any time after the termination of your registration), we can return to the issue and insist upon your compliance.
Intellectual Property Rights
If you didn’t already know, intellectual property is the term used to describe things that can be owned but which are not physical in nature. The owner of intellectual property doesn’t own something that is tangible but instead has the right to control how that intangible thing is used, hence the term “intellectual property rights”. Trade marks, patents and copyright are well-known and commonplace forms of intellectual property, but there are lots more besides. If you use somebody else’s intellectual property rights without their permission (which is often called a “licence”), you’ve “infringed” their rights.
In the same way that our Partners own the intellectual property rights in the offers that they post and you own the intellectual property in your profile, we own the framework and content that makes up the App, our Website and our Services. That includes all the ‘copy’, the code, the look and feel and the trade marks and graphics and you can use all of that in making use of your registration in accordance with these Terms but absolutely no more than that. Even the copyright in these Terms and the other legal documentation you see on the Website is owned by our lawyers and licensed to us for this purpose. Were we to use your things without asking, you would be most unimpressed. So please don’t try to use any of the intellectual property that we provide for purposes that are not intended or envisaged by these Terms and in particular, don’t attempt to associate yourself with us or claim any form of endorsement from us because that is just not on.
StreetAway® is a registered trademark of New Apex Ltd.
StreetAway allows you to purchase goods and services from our Partners at discounted rates through the Website and the App. Once you have browsed the live offers on StreetAway you will have the option to buy it for yourself or to gift it to someone else. If you purchase the offer for yourself then to checkout you will be required to enter your payment details and click confirm order. If you wish to gift the offer to someone then you will need to enter their full name and email address before you follow the checkout process. All payments are made using our payment processor and you can view more details about them by visiting our Privacy Notice online.
We are not able to offer any refunds for any purchases made through StreetAway, save for the exceptional circumstances listed in the ‘Us’ section above. It is your responsibility to read the description and the terms of each offer on the Website or the App and you accept that no refunds can be offered for purchased made in error or where the description and terms have not been read correctly.
All offers are listed directly by our Partners and they have the right to withdraw and amend their live offers at any time.
After the purchase has been made you will be delivered with a voucher to redeem the good or services that you have purchased. Each voucher will show an ‘expiry’ or ‘redeem before’ date and it is your full responsibility to ensure that a purchase is made within this time frame. StreetAway does not offer refunds where vouchers have expired and it will be at the full discretion of our Partner whether they accept the expired voucher.
From time to time, we will give you information relating to your use of our Services. This might be information about new functionality or old functionality that we are going to withdraw. It might be to let you know that we have made changes to these Terms or the Privacy Notice. We will send this information to you in the form of notifications to your account via the Website or the App. We might also send an email to the address you have given us when registering (which is why we need you to keep that email address up-to-date). English law requires that certain information that we might have to pass to you has to be in writing, so you accept that information we provide to you electronically is indeed ‘written’ for this purpose.
If, for some reason, you need to communicate with us for contractual purposes, you can do this by email addressed to email@example.com but if you really feel the need, you can send us a letter by post, sent to the address provided above.
Information that we send to you or you send to us for contractual reasons we’ll call ‘Notices’ for the purposes of these Terms. There may be times when we all need to know when such a Notice was received. To make things easy, those Notices will be deemed to be received as follows. A Notice sent by us to you via a notification sent to your account via the website or an email sent by you to us or us to you, will be regarded as having been received the day AFTER it is sent, just to give everyone a reasonable chance to pick it up. If a Notice is sent in either direction by letter (probably from you to us, since we won’t know, nor will we necessarily want to know, your residential address), that Notice will be regarded as having been received (assuming that it was properly stamped and sent by first class mail) three days AFTER the day on which it was sent, or in the case of a letter sent from overseas by airmail, ten days AFTER the day on which it was sent.
It might just be that at some point in the future, a court or some other authority has cause to review these Terms and in so doing, rules that some or other part of them is invalid, unlawful or unenforceable. Obviously, that could cause a bit of a problem, certainly for us and possibly also for you. So, in the very unlikely event that something like that happens, there will be two consequences. First, everybody accepts that the rest of the Terms will remain in place between us and that the contract will survive intact with the problematic element removed. Second, the authority or court taking action may compose a replacement for the stricken terms that do as good a job as reasonably possible as the job previously done by the terms removed or, where the authority or court taking action declines to do so, you agree that we may replace those terms ourselves with something else that complies with the ruling.
Everything relevant to our contractual relationship with you is set out either in these Terms or in the Privacy Notice. We have no earlier contractual arrangement or understanding with you or any sort. If there is anything that you seek to rely on in creating your registration, please disregard it right now, because in submitting your registration and accepting these Terms, you must acknowledge that in registering to use the Website or the App, you haven’t relied upon any statement made or promise given by us, whether stated plainly or implied from our conduct UNLESS that representation or statement is repeated either in these Terms or in the Privacy Notice. We have to have this rule because (1) we need some certainty about our relationship with you, and (2) because imagine having thousands of users and customers and having different, potentially undefined contracts with each: it just wouldn’t work.
In England, there is a law that gives third parties (that is, people who are not ‘party’ to a contract) certain rights to enforce terms that are intended to benefit them. This is called the Contracts (Rights of Third Parties) Act 1999. Any right of a third party to take action under that law is excluded. There may be other situations where third parties can take action and where we are not permitted to exclude that possibility, such third party rights remain.
Your contract with us is subject to and governed by English law. Any dispute that arises from our relationship with you or your use of the Service will be subject to the exclusive jurisdiction of the courts of England and Wales.
This concludes these Terms and as soon as you check the ‘accept Terms’ box and submit your registration to the Services, you will have a binding contract with us.