Terms & Conditions
1. INTRODUCTION
Welcome to our application (the “App“ ). This App is
published by or on behalf of Cyriptyque Limited (“Pryvate” or “PY” or “Criptyque Communications“) a
company registered in Jersey under company number 113878
By downloading or otherwise
accessing the App you agree to be bound by the following terms and conditions
(“Terms“ ) and our privacy policy and our cookies policy . If you
have any queries about the App or these Terms, you can contact us by any of the means set out in
paragraph 10 of these Terms. If you do not agree with these Terms, you should stop using the App
immediately.
2. GENERAL RULES RELATING TO CONDUCT
The App is made available for your own,
personal use. The App must not be used for any commercial purpose whatsoever unless downloaded from
our Corporate Section or for any illegal or unauthorized purpose. When you use the App you must
comply with all applicable national laws and with any applicable international laws, including the
local laws in your country of residence (together referred to as
“Applicable Laws ”).
You agree that when using the App you will comply
with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
- (a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
- (c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.
You agree to indemnify Criptyque Limited and its group companies in full and on demand from and
against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a
result of your use of the App otherwise than in accordance with these Terms or Applicable
Laws.
3. CONTENT
The copyright in all material contained on, in, or available through the App
including all information, encryption, data, text, music, sound, photographs, graphics and video
messages, the selection and arrangement thereof, and all source code, software compilations and
other material (“Material“) is owned by or licensed to Criptyque Limited or its group companies. All
rights are reserved. You can view, print or download extracts of the Material for your own personal
use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store,
transmit, commercially exploit, disseminate in any form whatsoever or use the Material without
Criptyque’s express permission.
The trademarks, service marks, and logos (“Trade
Marks“) contained on or in the App are owned by Criptyque Limited or its group
companies or third party partners of Criptyque Limited. You cannot use, copy, edit, vary, reproduce,
publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks
without the prior written consent of Criptyque Limited or the relevant group company or the relevant
third party partner of Criptyque Limited.
4. LINK TO THIRD PARTIES
The App may contain links to
websites operated by third parties (“Third Party Websites“). Criptyque Limited may
monetise some of these links through the use of third party affiliate programmes. Notwithstanding
such affiliate programmes, Criptyque Limited does not have any influence or control over any such
Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any
Third Party Websites or their availability or contents.
5. CRIPTYQUE LIMITED PRIVACY POLICY
We take your privacy very seriously. Criptyque Limited will only use your personal information in
accordance with the terms of our privacy
policy and cookies
policy . By using the App you acknowledge and agree that you have read and accept the
terms of our privacy
policy and cookies
policy and these Terms.
6. DISCLAIMER / LIABILITY
USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) CRIPTYQUE LIMITED DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN CRIPTYQUE LIMITED AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
Criptyque Limited will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.
IF CRIPTYQUE LIMITED IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) FIFTY POUNDS STERLING (£50.00); OR (B) THE SUMS PAID BY YOU UPON PURCHASING THE APP, OR ANY IN-APP SPEND, INCLUDING SUBSCRIPTIONS, WHICHEVER IS GREATER.
Nothing in these Terms shall be construed as excluding or limiting the
liability of Criptyque Limited or its group companies for death or personal injury caused by its
negligence or for any other liability which cannot be excluded by English law.
7. SERVICE SUSPENSION
Criptyque Limited reserves the right to suspend or cease providing any services relating
to the apps published by it, with or without notice, and shall have no liability or responsibility
to you in any manner whatsoever if it chooses to do so.
8. COMPETITIONS
If you take part in any
competition which is run in or through the App (“Competition“), you agree to be bound by the rules
of that competition and any other rules specified by Criptyque Limited from time to time
(“Competition Rules“) and by the decisions of Criptyque Limited, which are final in all matters
relating to the Competition. Criptyque Limited reserves the right to disqualify any entrant and/or
winner in its absolute discretion without notice in accordance with the Competition Rules.
9. GENERAL
These Terms (as amended from time to time) constitute the entire agreement between you and
Criptyque Limited concerning your use of the App.
Criptyque Limited reserves the right to update
these Terms from time to time. If it does so, the updated version will be effective immediately, and
the current Terms are available through a link in the App to this page. You are responsible for
regularly reviewing these Terms so that you are aware of any changes to them and you will be bound
by the new policy upon your continued use of the App. No other variation to these Terms shall be
effective unless in writing and signed by an authorized representative on behalf of Criptyque
Limited.
These Terms shall be governed by and construed in accordance with English law and you
agree to submit to the exclusive jurisdiction of the Jersey Courts.
If any provision(s) of these
Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such
provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as
reflected in the provision(s)) and all other provisions shall remain in full force and
effect.
Criptyque Limited’s failure to exercise or enforce any right or provision of these Terms
shall not constitute a waiver of such right or provision unless acknowledged and agreed to by
Criptyque Limited in writing.
Unless otherwise expressly stated, nothing in the Terms shall
create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties)
Act 1999 or otherwise in favour of any person other than you, Criptyque Limited and its group of
companies.
10. CONTACT US
You can contact the New Subscriber team at Criptyque Limited, 1st floor, IFC Jersey, Esplanade, St Helier JE2 3BX.