NAVIBABY TERMS OF SERVICE FOR iOS AND ANDROID APPS AND WEBSITE
These Terms were last updated on 30th of October, 2016.
1. Acceptance of the Terms of Service. This is the terms of service agreement (the “Terms”) between you and Navibaby Limited (“Navibaby”, “we”, “us” and “our”), a company registered in England and Wales under company number 07370388 with registered office at 11 Medley Road, London, NW6 2HJ, United Kingdom, contact email@example.com. Navibaby operates the website www.navibaby.com (the “Site”) and the Navibaby application. For purposes of these Terms, both the Site and application shall be referred to as the "App". By using the App, you agree to be bound by these Terms. If you do not agree to any part of these Terms, do not use the App.
You understand and agree that we may change these Terms at any time without prior notice. The revised Terms will become effective upon posting to the App. Any use of the App after such date shall constitute your acceptance of such revised Terms. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the App.
2. Information may not always be accurate. We use third parties, such as Transport for London, Metropolitan Transport Authority and other transport agencies, Apple, Google to provide data on which the transport information and recommendations in the app are based. We and our partners try to make sure that the data is correct and up-to-date, but we cannot guarantee that it will always be. Journey times are only estimates, as actual timings are dependent on many factors outside our control. Accordingly, we and our data providers do not accept any liability for any error or omission in the information available or the recommendations made through the App and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of income, profit, opportunity or time) as a result of relying on any information available through the App.
3. Users need to use common sense and discretion. When travelling using the App, users need to exercise common sense and discretion about their safety, particularly at night. Please take care of your children safety.
4. App maintenance. Making the app reliable and enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance. We will aim to do so at what we anticipate will be non peak times.
5. Intellectual Property – our and our partners' content. The App contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Navibaby Content”). We may own the Navibaby Content or portions of the Navibaby Content may be made available to us through arrangements that we have with third-parties. The Navibaby Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Navibaby Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Navibaby Content, and you will not use, copy or display the Navibaby Content except as permitted under these Terms. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Navibaby Content on any copy you make of the Navibaby Content. You may not sell, transfer, assign, license, sublicense, or modify the Navibaby Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Navibaby Content in any way for any public or commercial purpose. The use or posting of any of the Navibaby Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use the Navibaby Content and App shall automatically terminate and you shall immediately destroy any copies you have made of the Navibaby Content.
The trademarks, service marks, and logos of Navibaby (“Navibaby Trademarks”) used and displayed on the App are registered and unregistered trademarks or service marks of Navibaby. Other company, product, and service names located in the App may be trademarks or service marks owned by third-parties (“Third-Party Trademarks”, and, collectively with Navibaby Trademarks, “Trademarks”). Nothing in the App or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in the App without the prior written consent of Navibaby specific for each such use. The Trademarks may not be used to disparage Navibaby or the applicable third-party, Navibaby’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without Navibaby’s prior written consent. All goodwill generated from the use of any Navibaby Trademark shall inure to Navibaby’s benefit.
You agree not to: (a) take any action that imposes an unreasonable load on the App’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any activity being conducted in the App, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the App, (d) delete or alter any material posted on the App by Navibaby or any other person or entity, or (e) frame or link to any of the materials or information available on the App other than via the official API (www.Navibaby.com/developers).
Certain elements of the App are protected by trade dress, trademark, unfair competition, and other local laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors. None of the Navibaby Content or User Content for the App may be retransmitted without the express written consent from Navibaby for each and every instance.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted on the App infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see [http://www.loc.gov/copyright] for details). Notices and counter notices with respect to the Site should be sent to Navibaby at:
By Email: firstname.lastname@example.org
7. User-generated content.
Navibaby does not claim ownership of any text, images, photos, video, sounds or any other materials (collectively, “Submissions”) that you post on the Navibaby application or email to Navibaby. By providing any Submissions, you hereby grant to Navibaby a non-exclusive, royalty-free, worldwide and irrevocable license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Submissions, including without limitation for promoting and redistributing part or all of the Navibaby application (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). Navibaby can continue to use your Submissions in these ways if you cease to use the Navibaby application. You further agree that Navibaby has the right to delete or otherwise edit any Submissions that you post to the Navibaby application at its sole discretion.
8. DISCLAIMER. NAVIBABY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, “NAVIBABY PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF THE APP AND THE UNDERLYING SOFTWARE, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. NAVIBABY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE APP AND THE CONTENT AT YOUR OWN RISK.
WHILST NAVIBABY WILL MONITOR THE APP AND AIM TO FIX BUGS THAT IT SPOTS OR THAT ARE MADE KNOWN TO IT, NAVIBABY PARTIES DO NOT WARRANT THAT THE APP OR UNDERLYING SOFTWARE WILL OPERATE ERROR FREE OR THAT THE APP, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR BUGS OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE APP OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO NAVIBABY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE APP AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NAVIBABY DOES NOT GUARANTEE THAT THE APP WILL WORK ALL THE TIME. NAVIBABY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
NAVIBABY HAS TAKEN EVERY CARE IN THE PREPARATION IN THE CONTENT OF THE APP. NAVIBABY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, AS TO THE ACCURACY OF ALL INFORMATION CONTAINED HEREIN.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY Navibaby PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE APP AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A Navibaby PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Navibaby IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF ANY INFORMATION CONTAINED IN THE APP.
SOME STATES AND COUNTRIES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR COUNTRIES, THE LIABILITY OF Navibaby PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
WE ARE NOT ALLOWED TO EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD, OR IN CONNECTION WITH THE CONDITION THAT WE WILL USE REASONABLE CARE AND SKILL IN PROVIDING THE APP, OR FOR ANY OTHER LIABILITY WHICH MAY NOT BY APPLICABLE LAW BE EXCLUDED OR LIMITED AND WE DO NOT DO SO AND ANY STATUTORY RIGHTS YOU HAVE AS A CONSUMER ARE NOT AFFECTED.
10. Indemnification. You agree to defend, indemnify, and hold harmless Navibaby Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use or misuse of the Navibaby Content, the User Content and/or the App. Navibaby shall provide notice to you of any such claim, suit, or proceeding. Navibaby reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Navibaby’s defense of such matter.
11. Third-Party Websites. Hypertext links in the App may lead to websites which are not under operated and/or controlled by Navibaby. Navibaby accepts no responsibility or liability in respect of the material on any website which is not operated and/or controlled by Navibaby.
12. Privacy. Your access to and use of the App is also subject to Navibaby’s Privacy and Cookies Policy, the terms and conditions of which are hereby incorporated by reference.
13. Termination of these Terms. Navibaby reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the App or the Navibaby Content at any time and for any reason without prior notice or liability. Navibaby reserves the right to change, suspend, or discontinue all or any part of the App or the Navibaby Content (including User Content) at any time without prior notice or liability. The following sections of the Terms will survive the termination or expiration of these Terms: 6, 7, 9, 10, 11 and 15.
14. Law and Jurisdiction. These Terms will be governed by English law. Any dispute arising from, or related to, these Terms shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
15. Miscellaneous. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure of Navibaby to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against Navibaby unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Navibaby and you, these Terms constitute the entire agreement between you and Navibaby with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.