TERMS AND CONDITIONS OF USE OF

WEBSITE AND MOBILE APPLICATION

What’s in these terms?

These terms tell you the rules for using the Snatch mobile application software, our service you connect to via it and the content we provide to you through it (“the App”).

By accepting these terms in the App, you confirm that you agree to comply with them.

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 if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

You must be 18 or over to accept these terms and download the App.

The App Store (https://www.apple.com/uk/legal/internet-services/terms/site.html) and Google Play Store (play.google.com/intl/en_uk/about/play-terms.html) terms of use will apply instead of these terms to the extent there are differences between the two.

Who we are and how to contact us:

The App is a mobile application operated by SNATCH MEDIA LIMITED(“We”). We are limited company registered in England and Wales under company number 09487834 and have our registered office at Snatch Media Limited, 5th Floor 43 Whitfield Street, London, England, W1T 4HD. We are a limited company.

To contact us, please email support@snatchhq.com or complete a form at http://www.snatchhq.com/contact/.

Privacy Policy

Our Privacy Policy sets out the basis on which We will process the personally identifying information (‘Personal Data’) that We collect and receive from and about users of the App –and our website www.snatchhq.com (“the Site”) as well as users who use our social channels or subscribe to our marketing emails.

You can access, amend or delete the data. We hold on you at any time by contacting us at dpo@snatchhq.com, via the App or the Site: http://www.snatchhq.com/contact/

To read the full policy visit:http://www.snatchhq.com/PrivacyPolicy  

Prize Terms:

Who can win:

Opportunities to win prizes are available to all residents over the age of 18 years in the United Kingdom, except for our employees, employees of our agents and suppliers that are professionally connected with the allocation of prizes or administration of our site or the App and members of immediate families or households of the foregoing. We may ask winners to provide proof of age.

We reserve the right to refuse claims for prizes due to any use that is automatically generated by a computer, completed in bulk, illegal, forged or has been tampered with or if your conduct is contrary to the spirit or intention of these terms.

How prizes are awarded:

  • Prizes are awarded using a computer process that produces verifiably random results and are always subject to availability.
  • We do not accept any responsibility if you are unable to take up any prize.

Claiming a Prize:

Redemption instructions are included with each prize.

  • Any other costs incurred in addition to those set out in the redemption instructions and that are incidental to the fulfilment of the prize are the responsibility of the winner(s).
  • There are no cash alternatives for any prizes.
  • Prizes are not negotiable or transferable and may not be claimed by third parties on your behalf.
  • We will take all reasonable steps to contact you via the App if you win a prize. All prizes must be redeemed in the App within the expiration window. Prizes claimed outside of their expiration date (including claiming via third party websites / stores) are not able to be fulfilled.
  • We do not accept any responsibility for any prizes that are lost, mislaid or delayed, regardless of cause, including for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.
  • Insofar as is permitted by law, we will not in any circumstances be responsible or liable to compensate a winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by our negligence. Your statutory rights are not affected.

Brand Partners:

  • Placement of brands in the prize list does not constitute endorsement or partnership.
  • Brands are not involved in any administration on the Snatch platform and are solely prize providers.  
  • Where the App 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. We have no control over the contents of those sites or resources, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).You will need to make your own independent judgement about whether to use any such independent sites and resources, including whether to buy any products or services offered by them.

Opt in Marketing Terms:

By agreeing to opt in to marketing you agree that you may be contacted by email with marketing messages. You can unsubscribe from this at anytime by clicking the unsubscribe link at the bottom of all our emails or via the app.

By activating notifications you agree to be contacted with push notifications from the App on your phone. You can turn off push notifications at any time via ‘settings’ on your phone.

Intellectual Property

We are the owner or the licensee of all intellectual property rights in the App, and in the material published on the App. Those works are protected by copyright laws and treaties around the world. All such rights are reserved and you have no intellectual property rights in, or to, the App or the Documentation other than the right to use them in accordance with these.

Our status (and that of any identified contributors) as the authors of content on the App must always be acknowledged.

Acceptable Use:

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 use any part of the content on the App for commercial purposes without obtaining a licence to do so from us or our licensors.

We only provide the App for domestic and private use. You agree not to use the App for any commercial or business purposes. If you use the App for any commercial, business or resale purpose, We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If you wish to link to or make any use of content on the App other than that set out above, please contact us at  support@snatchhq.com or http://www.snatchhq.com/contact/.

The App, will make use of location data sent from your device. You can turn off this functionality at any time by turning off the location services settings for the App on the device but if you do so the App may not function properly. If you use the App, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide the services delivered via the App.

You may use the App only for lawful purposes.

You may not use the App in any way that breaches any applicable local, national or international law or regulation, in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect, or for the purpose of harming or attempting to harm minors in any way

You may not knowingly use the App to transmit any data, or send or upload any material, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of the App;
  • not to access without authority,interfere with, damage or disrupt any part of the App, any equipment or network on which the App is stored, any software used in the provision of the App or any equipment or network or software owned or used by any third party.
  • not to rent, lease, sub-license, loan, provide, or otherwise make available the App in any form, in whole or in part, to any person without prior written consent from us;
  • not to copy the App or the related documentation (the “Documentation”), except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not to translate, merge, adapt, vary, alter or modify, the whole or any part of the App, or Documentation, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
  • not to disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program
  • (Permitted Objective), and provided that the information obtained by you during such activities:
    • is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
    • is not used to create any software that is substantially similar in its expression to the App;
    • is kept secure; and
    • is used only for the Permitted Objective;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App; and
  • not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App.

You are responsible for ensuring that all persons who access the App through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Safe use

During game play, please be aware of your surroundings and use the App safely.

You agree that your use of the App is at your own risk, and it is your responsibility to maintain such health, liability, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the App.

Suspension and termination

We will determine, in our discretion,whether there has been a breach of this acceptable use policy through your use of the App.  When a breach of this policy has occurred, we may take such action as We deem appropriate.

Failure to comply with these acceptable use terms constitutes a material breach of the terms upon which you are permitted to use the App, and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use the App;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you and/or disclosure of such information to law enforcement authorities as We reasonably feel is necessary.

If We end your rights to use the App:

  • you must stop all activities authorised by these terms, including your use of the App;
  • you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this;
  • We may remotely access your devices and remove the App from them and cease providing you with access to the App.

We exclude liability for actions taken in response to breaches of this acceptable use policy.

The responses described in this policy are not limited, and we may take any other action that we reasonably deem appropriate.

End User Licence Agreement Terms:

Operating system requirements

This app requires a smartphone device with an iOS (minimum iOS 11 and 230MB memory) or Android (minimum Android 5.0 Lollipop (API 21) and 140MB memory)operating system and internet connection.

Support for the App and how to tell us about problems

If you are having problems using the App, think the App is faulty or mis-described, or wish to contact us for any other reason please email our customer service team at support@snatchhq.com or http://www.snatchhq.com/contact.

How you may use the App

In return for your agreeing to comply with these terms you may:

  • download or stream a copy of the App onto your handheld device and view, use and display the App on such device for your personal purposes only;
  • use any Documentation to support your permitted use of the App;
  • receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as We may provide to you.

You may not transfer the App to someone else

If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

Transfer of rights:

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the Agreement.

Back-ups:

We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.

Our rights:

We do not guarantee that our site or the App, or any content on these platforms, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the App, or any element of the prize competitions for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

We do not guarantee that the App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site and the App. You should use your own virus protection software.

Our liability to you:

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

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 or for fraud or fraudulent misrepresentation.

In App Purchases

The App includes the option to purchase in-game currency (coins) via the App Store Provider[PJ3] (“in app purchases”). It is not necessary to make any in app purchases to win prizes.

  • You cannot switch off in app purchases within the App and there is no cap on the number of in app purchases you can make. You are responsible for managing the number of in app purchases you make. More details about in app purchases are set out in our FAQs. You acknowledge and agree that you are fully responsible for managing your in app purchases and the amount you spend on in app purchases within the App.
  • The in-game currency of coins (whether earned through gameplay or by completing actions such as inviting another player to download the App or by purchasing coins as an in app purchase) can only be used within the App.
  • If you purchase coins as an in app purchase these can only be downloaded once and after being downloaded cannot be replaced.
  • Coins cannot be redeemed for cash or other consideration or otherwise transferred.
  • If you purchase coins as an in app purchase then the App Store Provider’s terms and conditions/EULA applicable to in app purchases will apply. You acknowledge and agree that all billing and transaction information relating to in app purchases are handled by the App Store Provider and are governed by the App Store Provider’s terms and conditions. If you need a refund or have any payment related issues with in app purchases then you need to contact the App Store Provider directly. We do not accept any liability in respect of such loss.

Changes to the App:

From time to time we may automatically update or change the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.  If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.

Changes to terms:

We will update the T&Cs from time to time to reflect changes in our business. All such changes will be posted to our Website (www.snatchhq.com/terms-and-conditions) and if We consider it to be appropriate We will notify users of any material changes in the T&Cs. If you do not accept the notified changes you may not be permitted to continue to use the App.

[PJ1]What procedure is used to make the terms binding?Ideally the customer would be obliged to click-accept the terms before being permitted to proceed to download the app or install it.

[PJ2]We should consider whether there are app store terms that will apply and what the position is if there is a conflict between the two sets of terms.

[PJ3]Is Snatch required to include any specific provisions by virtue of its agreement(s) with the app store providers?  Similarly, does Snatch have any obligations to other third parties (e.g. licensors) to include provisions in these terms?

 

 

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