THESE TERMS AND CONDITIONS ("Terms") govern www.myvicinityapp.com ("the Website") and the MyVicinity Application for iPhone (the App). Please read these Terms and ensure that you have understood them. If you do not agree to these Terms, please cease use of the Website and the App immediately.
These Terms cover members of the Public only There is a separate set of Terms and Conditions for Outlets, and these can be found in the Secure Online Admin Area.
2.1 The Website and the App are owned and managed by Vicinity Global Ltd. All information supplied on the Website and the App is managed by Vicinity Global Ltd.
2.2 MyVicinity can be contacted by writing to Vicinity Global Ltd. at 67 Milton Park Abingdon Oxfordshire OX14 4RX or by our contact page.
3.1 By visiting the Website and/or downloading the App you warrant that you have the right, authority and capacity to enter into and be bound by these Terms and that you agree to be bound by these Terms forthwith.
3.2 In the event that MyVicinity in its sole discretion, considers that you are making any illegal and/or unauthorised use of the Website, and/or the App , and/or your use of the Website is in breach of these Terms, MyVicinity reserves the right to take any action that it deems necessary, including terminating without notice your use of the Website and, in the case of illegal use, instigating legal proceedings.
3.3 MyVicinity may suspend the Website and/or the App at any time and for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
3.4 MyVicinity reserves the right to make any changes to the Website or the App or to discontinue any aspect or feature of the Website without notice to Users.
3.5 These Terms govern the use of the Website and the App by unregistered Users. Such Users may not use the Website/App or any part thereof in connection with any commercial venture, other than as expressly permitted under these Terms or under other terms agreed in writing by MyVicinity.
4.1 In order to download the App you will be required to search for "MyVicinity" on the Apple AppStore
4.2 Downloading the MyVicinity App is entirely at the discretion of Apple Inc and is governed by their particular Terms and Conditions. During the Download process users must pay particular attention to the specific Terms set out on the phone. Once the Download is completed Users have agreed to be bound by the MyVicinity Terms as set out in this document
4.3 You can unsubscribe from the App by deleting the App from the phone itself. Alternatively, users can edit their personal preferences or manage the information they receive by updating their information within their version of the downloaded App.
4.4 Regardless of whether you have downloaded the App, any User who feels that any User Submission (or Push ) made by an Outlet is objectionable is encouraged to contact MyVicinity at 67 Milton Park Abingdon Oxfordshire OX14 4RX. MyVicinity will review the relevant push as soon as is practicable and will take such action as it deems necessary, if any.
5.1 These Terms will remain in full force and effect while you have App downloaded onto you Phone .
5.2 MyVicinity may, at any time and for any reason, terminate these Terms with you and deny you access to the Website and to the App.
5.3 In the event of termination of these Terms for any reason, you must not attempt to use the app or the Website .
5.4 Sections 4 to 9 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against you.
6.1 Other than in relation to links to the Apple AppStore and to Outlets 'own websites and trademarks etc , MyVicinity owns or has a license to use all right, title and interest in and to the Website and the App, including without limitation all copyright and any other intellectual property rights therein. Some of the content is produced in whole or in part under licence from, and based in whole or in part from, copyright material of the listed Outlet. These Terms shall not be construed to convey title to or ownership of the Website or the App, the data contained therein to any User. All rights in and to the Website and the App not expressly granted to Users are reserved by MyVicinity.
6.2 You are granted a non-transferable, non-exclusive, royalty-free, revocable license to view and print the content of the Website and to download the App for your personal use only.
6.3 You are expressly prohibited from:
6.3.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials any of the Website and the App; and
6.3.2 removing, modifying, altering or using any registered or unregistered marks/logos owned by MyVicinity, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of MyVicinity or could be considered an infringement any of the intellectual property rights owned and/or licensed to MyVicinity, without first obtaining the written permission of MyVicinity..
7.1.1 MyVicinity provides Users with access to the Website and the App free of charge and, to the maximum extent permitted by law, MyVicinity shall not be liable for any loss, injury or damage of whatever kind caused in whole or in part by use of the Website or the App, or the information provided therein, or by any failure, delay, interruption or otherwise of the provision of the Website and/or App the information provided therein, or by MyVicinity’s failure to perform any of its obligations under these Terms.
7.1.2 Further to 7.1.1, Offers and Pushes are provided to MyVicinity by Third Parties and MyVicinity does not guarantee that the Offers and Pushes are valid. You are advised to check any discounts have been applied prior to commiting to any purchase.
7.2 In no event shall MyVicinity be liable for any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit.
7.3 The information provided on the Website and in The App is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
7.4 Where the Website or the App (and any pushes therein ) includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not individually vetted by MyVicinity, and can not therefore be said to be endorsed by MyVicinity and, to the maximum extent permitted by law, MyVicinity shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
7.5 The material on the Website and the App is provided "as is", without any conditions, warranties or other terms of any kind.
7.6 To the maximum extent permitted by law, MyVicinity expressly excludes all representations, warranties, obligations and liabilities in connection with the Website and the App or other third party websites, and the information provided therein.
7.7 Links to third party websites and companies may appear on the Website and in the App. Such third party websites are not the responsibility of MyVicinity and the company accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.
8.1 MyVicinity is committed to protecting (i) the privacy of Users; and (ii) the confidentiality of the information provided to it by Users using the App. However, MyVicinity is not able to control the use by third parties of any information appearing on the Website or the App..
9.1 You may print and keep a copy of these Terms, which form the entire agreement between you and MyVicinity and supersede any other communications or advertising with respect to the Website and the App.
9.2 These Terms may only be modified with the prior written consent of MyVicinity. We may alter or amend these Terms at any time, with immediate effect and without notice. By continuing to use the Website and /or the App after such alteration, you will be deemed to have accepted any amendment to these Terms.
9.3 These Terms and their performance shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
9.4 You shall comply with all foreign and local laws and regulations which apply to your Use of the Website and App in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
9.5 You agree that because of the unique nature of the Website and the App and the proprietary rights therein, a demonstrated breach of these Terms by you would irreparably harm MyVicinity and monetary damages would be inadequate compensation. Therefore, you agree that MyVicinity shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.
9.6 If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
9.7 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.
9.8 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
9.9 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against MyVicinity and such third parties shall not be entitled to enforce any term of these Terms against MyVicinity.
9.10 If you feel that any materials appearing on the Website or App are offensive, objectionable or potentially defamatory please contact MyVicinity by way of our contact page providing full details of the nature of your complaint and the materials to which the complaint relates.