MyHappyApp TERMS AND CONDITIONS
November 6, 2013
These terms and conditions (“User Terms”) apply to your use of MyHappyApp (the“Application”), as well as to all information, recommendations and or services provided to you on or through the Application.
PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APP AND USING OUR SERVICE.
WHAT SERVICES DOES MyHappyApp PROVIDE?
MyHappyApp is designed to be a fun tool to help people take an active role in maintaining their wellbeing by focussing on happiness. MyHappyApp offers inspiration and information via different media including audio, video, text and games. The Happy Meter provides a point of reference for the user. The Happy Meter is designed to provide a method of gauging the User’s level of happiness and is not designed as a medical indicator of wellbeing. The Happy Meter rating system is designed to provide feedback on the performance and response by the Provider as a way of maintaining a high level of value and service to Users.
The Application is also a means of obtaining professional advice and services offered by third party providers (the “Provider”), who have a demonstrated expertise in their field. Access to the Provider may be requested through MyHappyApp and downloaded and installed by you on your single mobile device (smart phone). Terms and conditions apply to Providers and their inclusion on the app will be terminated if there is a breach of their professional agreement with MyHappyApp.
AGREEMENT BETWEEN MyHappyApp AND YOU
By using the Application, you agree to accept the terms and conditions stipulated by MyHappyApp (the “Agreement”). In order to use the Application, you first need to login to MyHappyApp by providing a User ID and a password of your choice. You have to be 18 years of age or older to use the Service or Application. You represent that you are of legal age to enter into an agreement with MyHappyApp.
HOW TO USE THE APPLICATION AND THE SERVICE
The Application allows you to send a request for service to a Provider. The Application sends your information to the relevant Provider. The Provider has sole and complete discretion to accept or reject each request for service. The Provider also has sole and complete discretion over whether to use the Application to receive the leads generated through the Application. If the Provider accepts a request, the Application notifies you and provides information regarding the Provider including how to further contact the Provider either by text, email or telephone.
MyHappyApp will employ reasonable efforts to bring you into contact with a Provider in order to obtain service, subject to the availability of Providers at the moment of your request for services. MyHappyApp itself does not provide services other than the Happy Meter. MyHappyApp only acts as intermediary between you and the Provider. The provision of the services by the Provider to you is therefore subject to the agreement (to be) entered into between you and the Provider. MyHappyApp shall never be a party to such agreement.
USE OF THE APPLICATION OR THE SERVICE
You warrant that the information you provide to MyHappyApp is accurate and complete. MyHappyApp is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons. You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. MyHappyApp is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. MyHappyApp reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.
By using the Application or the Service, you further agree that:
You will only use the Service or download the Application for your sole, personal use and will not resell it to a third party;
You will not authorize others to use your account;
You will not assign or otherwise transfer your account to any other person or legal entity;
You will not use an account that is subject to any rights of a person other than you without appropriate authorisation;
You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
You will not use the Service or Application to cause nuisance, annoyance or inconvenience;
You will not try to harm the Service or Application in any way whatsoever;
You will not copy, or distribute the Application or other MyHappyApp Content without written permission from MyHappyApp;
You will keep your account password or any identification we provide you, which allows access to the Service and the Application, secure and confidential;
You will provide us with whatever proof of identity we may reasonably request;
You are aware that when requesting services by SMS, standard messaging charges will apply;
You will not use the Service or Application with an incompatible or unauthorized device;
MyHappyApp reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules.
The use of the Application is free of charge as is your access to the content, audio, video, text and games supplied by MyHappyApp. Access via MyHappyApp to each Provider is free of charge, notwithstanding standard mobile SMS charges as required by your mobile device provider.
Any fees and charges required as per the agreement entered into between the User and the Provider are negotiated between those parties and do not incur any fee or cost from MyHappyApp. Further consultation or service provision is priced by the Provider and is transacted between the User and Provider. MyHappyApp does not receive any further benefit from the Provider should a User choose to access other professional services from the Provider.
By accepting these User Terms and using the Application or Service, you agree that you shall defend, indemnify and hold MyHappyApp, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Providers engaged via the Application, or (c) your use or misuse of the Application or Service.
The information, recommendations and/or services provided to you on or through the Website, the Service and the Application is for general information purposes only and does not constitute advice. MyHappyApp will reasonably keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate.
MyHappyApp shall not be liable for any damages resulting from the use of or inability to use the Website or Application, including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any wilful misconduct or from gross negligence on the part of MyHappyApp.
MyHappyApp shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
The quality of the services requested through the use of the Application is entirely the responsibility of the Provider who ultimately provides such services to you. MyHappyApp under no circumstance accepts liability in connection with and/or arising from the services provided by the Provider or any acts, action, behaviour, conduct, and/or negligence on the part of the Provider. Any complaints about the services provided by the Provider should therefore be submitted to the Provider.
LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY
For the purpose of this User Term, the following definitions apply:
“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials.
“MyHappyApp Content” means Content owned or used by MyHappyApp, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party, but excluding User Content.
“User” means a person who accesses or uses the Service or Application.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or Application.
“Collective Content” means, collectively, MyHappyApp Content and User Content.
Subject to your compliance with these User Terms, MyHappyApp grants you a limited, non-exclusive, non-transferable license:
(i) to view, download and print any MyHappyApp Content solely for your personal and non-commercial purposes; and
(ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.
You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of MyHappyApp. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MyHappyApp or its licensors, except for the licenses and rights expressly granted in these User Terms.
LICENSE GRANTED BY USER
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service or Application. User Content will be deemed non-confidential and non-proprietary. Accordingly, MyHappyApp shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world (“License Grant”).
You acknowledge that MyHappyApp only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. MyHappyApp shall not be continuously monitoring User Content published by you or moderating between Users, nor shall MyHappyApp be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of MyHappyApp.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and keep MyHappyApp, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by MyHappyApp or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website, the Service or the Application.
MyHappyApp reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which MyHappyApp believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to MyHappyApp.
You agree to promptly notify MyHappyApp in writing of any User Content which breaches these User Terms. You agree to provide to MyHappyApp sufficient information to enable MyHappyApp to investigate whether such User Content breaches these User Terms. MyHappyApp agrees to make good faith efforts to investigate such complaint and shall take such action as MyHappyApp in its sole discretion decides. However, MyHappyApp does not warrant or represent that it will block or remove (in whole or in part) such user Content.
Subject to your compliance with these User Terms, MyHappyApp grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Application, or (c) copy any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.
MyHappyApp will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. MyHappyApp may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that MyHappyApp has no obligation to monitor your access to or use of the Website, Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the Application and Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. MyHappyApp reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that MyHappyApp, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Service or Application.
MyHappyApp respects copyright law and expects its users to do the same. It is MyHappyApp's policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders.
INTELLECTUAL PROPERTY OWNERSHIP
MyHappyApp alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by MyHappyApp. MyHappyApp's name, logo, and the product names associated with the Application and Service are trademarks of MyHappyApp, its affiliated companies or third parties, and no right or license is granted to use them.
THIRD PARTY INTERACTIONS
During the use of the Website, the Application and the Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Website, the Application and the Service and are beyond MyHappyApp's control.
The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.