Please read these Vircarda licence terms carefully
BY CLICKING ON THE BOX WHEN YOU REGISTER AND BY CREATING AN ACCOUNT WITH US YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK ON THE BOX OR CREATE AN ACCOUNT.
Who we are and what this agreement does
We Reference Point Limited of Shire House, West Common, Gerrards Cross, Bucks, SL9 7QN license you to use:
Our Vircarda mobile application software (App) and any updates or supplements to it
The service you connect to via the App and any content we provide to you through it (Service).
as permitted in these terms.
You must provide accurate information when you register to use the App and Service and during your use of the App and Service. We may terminate your account if you do not comply with this requirement, for example, if you provide a fake email address.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
You must use a secure password for your use of the App and Service and it is your responsibility to keep your password confidential.
Appstore's terms also apply
The ways in which you can use the App may also be controlled by the rules and policies of the Google Play and App Store appstores, (Appstore) from which you download the App and Appstore's rules and policies will apply instead of these terms if and where the two conflict with each other in relation to something.
Operating system requirements
Use of the App and the Service requires a device which is compatible with the App and Service. Use of the App and Service may require a device with internet access and certain software and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and internet access, your ability to use the Service may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
How to contact us
Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our Support FAQs at Vircarda FAQ
Contacting us. If you think the App or the Service are faulty or wish to contact us for any other reason, please email our customer service team at: email@example.com
If you are having problems downloading your virtual smartcard (including any issues with the Registration email/SMS), please contact the relevant card issuer.
How we will communicate with you. If we have to contact you we will do so by email, by SMS or other notification to your device using the contact details you have provided to us. Alternatively, we may contact you by posting a notice which appears when you next start the App.
How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with these terms you may:
download a copy of the App onto no more than five compatible mobile telephone or handheld devices and view, use and display the App and the Service on such devices for your personal purposes only
provided you comply with the restrictions in these terms, make a copy of the App for back-up purposes; and
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 must be 16 to accept these terms and buy the App
You must be 16 or over to accept these terms and download the App. If you are 16 or 17 years old you confirm that you have sought and obtained the permission of your parent or guardian to do so.
You may not transfer the App to someone else
We are giving you personally the right to use the App and the Service as set out above. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce or other reasonable changes to our Services not adversely affecting your use of them.
We will give you at least 30 days' notice of any change by sending you an SMS, email or other notification to your device with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes you will not be permitted to continue to use the App and our Service.
Update to the App and changes to the service
From time to time we may automatically update the App and change the Service 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 and the Services.
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.
We may collect technical data about your device
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
We may collect location data (but you can turn location services off)
Certain aspects of our Service will make use of location data sent from your devices. For example, our Service will display the locations in which your smartcard or virtual card is read by your card scheme operator and third parties. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use the Service, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
You may stop us collecting such data at any time by turning off the location services settings on your device.
We are not responsible for other websites
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, 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, including whether to buy any products or services offered by them.
You agree that you will:
not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
not copy the App or Services, 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 translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that such actions cannot lawfully be prohibited under applicable law, 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; and
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 or any Service.
Acceptable use restrictions
not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);
not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
Intellectual property rights
All intellectual property rights in the App and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. 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.
Limit on our liability. Except as set out in the immediately preceding and following paragraphs, if the App was provided to you free of charge and/or if you use the App for any commercial, business or trade purpose, our maximum liability to you in respect of any matter connected with your use of the App and/or the contract between us is £10.
When we are liable for damage to your property. If you use the App as a consumer and defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. If you use the App for any commercial, business or trade purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Please back-up content and data used with the App. 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 or the Service.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.
We may end your rights to use the App and the services if you break these terms
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so. We may suspend your rights to use the App and Services at any time by contacting you if we are investigating suspected misconduct by you or suspected breach of these terms by you.
We may end your rights to use the App and Services at any time by contacting you if we (for any reason, at our discretion) withdraw the App from general release and usage.
If we end your rights to use the App and Services:
You must stop all activities authorised by these terms, including your use of the App and any Services
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 Services
If you downloaded the App free of charge, the ending of your rights will not entitle you to any compensation or create any liability for us.
We may transfer this agreement to someone else
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 contract.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No rights for third parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings
Except and to the extent expressly provided in the following paragraph, these terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
If you live in Australia, the governing law shall be the laws of the State of Victoria, Australia and you can bring legal proceedings in respect of the products in either the English courts or the courts of the State of Victoria, Australia.