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Please read these terms and conditions carefully:
By accessing the services on our website or mobile application and clicking “I agree” you are agreeing to these terms and conditions. If you do not agree to these terms and conditions, do not click “I agree” and do not access the services.
Please see clause 3 for the terms and conditions applicable to any free trial that we may offer from time to time.
These are the terms and conditions on which we provide you with access to and use of our Zone V Easy to use Mobile Software via our mobile application (“our app” or the “Services”). Our Services provide users with an easy to use interface for their mobile phone..
Please read these terms carefully before you access or use our Services. These terms tell you who we are, how we will provide the Services to you, how you and we may change or end the contract between us, what to do if there is a problem and other important information.
We are Zone V Limited a company registered in England and Wales with company registration number 06627807 and whose registered office is at
Cardinal House, 4
6 St Nicholas Street,
Ipswich, Suffolk,
IP1 1TT,
UK
Our registered VAT number is 143 1126 58.
You can contact us by using our website or creating a support ticket on our website.
If we have to contact you we will do so by writing to you at the email address you provided to us when you registered to use our Services.
When we use the words “writing” or “written” in these terms, this includes emails.
3.1 We may at times offer you access to and use of our Services for a number of days as determined and limited by each relevant offer free of charge (the “Offered Period”).
3.2 If you wish to take advantage of this free trial offer, you will need to register for the free trial on our site or our app.
3.3 Your free trial will commence on the day on which we confirm that your free trial has commenced and will end after a pre-defined number of days thereafter. You may cancel your free trial at any time during the Offered Period in accordance with these terms.
3.4 During your free trial, you must comply with the use requirements set out in clause 6 of these terms.
3.5 At the end of the free trial, we will contact you by email and/or through our app to ask whether you would like to purchase one of our subscription plans. If you decide to do so, your subscription will be subject to the remaining provisions of these terms and conditions.
3.6 Any personal data that you provide to us when registering for our free trial offer will be processed in accordance with our Privacy Policy, as such document may be amended from time to time by us in our sole discretion.
3.7 Any free trial we offer and that you accept may only be used once per household.
3.8 We reserve the right to withdraw or amend the terms of this free trial offer at any time without notice.
You may purchase our Services through our app or our site, or via your network provider or via another of our authorised partners. Acceptance of your order will take place when you receive an email and/or app notification from us at which point a contract will come into existence between you and us.
If we are unable to accept your order, we will inform you of this and will not charge you for the Services. This might be (but is not limited to) because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Services.
The Services will be made available to you as soon as we have accepted your order. The Services are provided on a subscription basis for monthly or yearly terms. Your subscription will automatically renew at the end of the relevant term for the duration of your most recent subscription term unless and until you cancel your subscription in accordance with these terms.
If our provision of the Services is delayed by an event outside our control then we will use reasonable endeavours to contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay where possible. 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 the contract.
We may need certain information from you so that we can supply the Services to you. If so, this will have been stated in the description of the Services on our site or our app. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
We may have to suspend the provision of the Services to:
5.4.1 deal with technical problems or make minor technical changes;
5.4.2 update the Services to reflect changes in relevant laws and regulatory requirements; or
5.4.3 make changes to the Services as requested by you or notified by us to you (see clause 10).
We will contact you in advance to tell you we will be suspending provision of the Services, unless the problem is urgent or an emergency. You may contact us to end the contract for a Service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 48 hours.
If you do not pay us for the Services when you are supposed to (see clause 4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend provision of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the provision of the Services. We will not suspend the Services where you dispute the unpaid invoice (see clause 11.6). As well as suspending the Services we can also charge you interest on your overdue payments (see clause 11.5).
6.2.1 The ways in which you can use our app may also be controlled by the rules and policies of the app store from which you download our app and the relevant app store’s rules and policies will apply instead of these terms where there are differences between the two.
6.2.2 Our app is only supported by and available on Samsung devices with certain minimum specifications as set out in our FAQ. Please ensure that your device is compatible with and can properly receive our Services before you make any purchase.
6.2.3 In return for your agreeing to comply with these terms you may:
6.2.4 We are giving you personally the right to use our app and the Services as set out above. Whilst you may have sharing rights as set out above, you may not otherwise transfer our app or the Services to someone else, whether for money, for anything else or for free. If you sell any device on which our app is installed, you must remove our app from it.
6.2.5 From time to time we may automatically update our app and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update our 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 our app and the Services. Our app will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
6.2.6 If you download our 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.
6.2.7 By using our app or any of the Services, you agree to us collecting and using technical information about the devices you use our app on and related software, hardware and peripherals to improve our products and to provide any Services to you.
6.3.1 Subject to these terms, we grant you a non-exclusive, non-transferable right, without the right to grant sub-licences, to use the Services for the duration of your contract with us solely for the purposes of such contract.
6.3.2 In using the Services, you will:
6.3.3 You will not:
6.3.4 You must:
6.3.5 You must use your best efforts to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify us.
7.1. The use of the Services is not intended to replace or substitute your legal and ethical responsibilities to protect the health and welfare of the dependant(s) of which you are a legal guardian. We are not responsible for any reliance or decisions made by you based on the information available to you through the Services.
7.2 In addition to clause 16.8, you understand that the Services:
7.2.1 require consent for personal data to be collected and used in accordance with the Privacy Policy
You acknowledge that the Services may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that you do so solely at your own risk. We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, and not us. We recommend that you refer to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. We do not endorse or approve any third-party website nor the content of any of the third-party website made available via the Services.
If you wish to make a change to the Services you have ordered, for example to change your subscription plan, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Services or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
10.1 Minor changes to the Services.
We may change the Services or any part of them:
10.1.1 to reflect changes in relevant laws and regulatory requirements; and
10.1.2 to implement minor technical adjustments and improvements, for example to address a security threat.
10.2 More significant changes to the Services and these terms.
In addition, we may make more significant changes to these terms or the Services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Services paid for but not received.
11.1 Where to find the price for the Services.
Our Services are offered on a subscription basis. The price payable for the Services (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Services advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the Services you order.
11.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we provide the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
11.4 When you must pay and how you must pay.
If you are purchasing the Services directly from us, we accept payment by credit or debit card, by electronic transfer or by any other method permitted by us from time to time. The first payment will be due when you place your order. Thereafter, payments will be due at the intervals specified in the subscription plan chosen by you. Your subscription will automatically renew at the end of your current subscription term for the duration of your most recent subscription term at the then current price rates unless and until you cancel your subscription in accordance with these terms.
If you are purchasing directly from a 3rd party, the 3rd party terms and conditions will apply.
11.5 We can charge interest if you pay late.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the Bank of England’s base lending rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
11.6 What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12.1 How to tell us about problems.
If you have any questions or complaints about the Services, please contact us. You can contact us by using our website or creating a support ticket on our site or our app.
If you are a consumer we are under a legal duty to supply services that are in conformity with this contract. Nothing in these terms will affect your legal rights.
You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Services. Except as expressly stated herein, these terms do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services.
15.1 We will only use any personal data we collect through your use of Services in the ways set out in our Privacy Policy, as such document may be amended from time to time by us in our sole discretion.
15.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send when using the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
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 this contract 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 the contract was made, both we and you knew it might happen.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services including the right to receive services which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and provided with reasonable skill and care.
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our app and the Services are provided for general information.They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from our app or the Services. Although we make reasonable efforts to update the information provided by our app and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
We recommend that you back up any content and data used in connection with our app, to protect yourself in case of problems with our app or the Services.
Our app and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of our app and the Services (as described on the appstore or our site) meet your requirements.
16.8.1 Except as expressly and specifically provided in these terms:
16.8.2 We do not warrant that your use of the Services will be uninterrupted or error-free.
16.8.3 We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
17.1 Ending the contract at any time.
If you want to end the contract at any time, just contact us to let us know. The contract will not end until the end of the period in respect of which your most recent payment has been made. For example, if you make monthly payments for our Services on the 1st day of each month and you wish to end the contract on 4 March, your contract will not end until 31 March.
17.2 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Service re-performed or to get some or all of your money back).
17.3 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at clause 17.3.1 to 17.3.5 below the contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:
17.3.1 we have told you about an upcoming change to the Services or these terms with which you do not agree to (see clause 2);
17.3.2 we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
17.3.3 there is a risk that provision of the Services may be significantly delayed because of events outside our control;
17.3.4 we have suspended provision of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 48 hours; or
17.3.5 you have a legal right to end the contract because of something we have done wrong.
17.4 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013).
If you are a consumer then for most products and/or services bought online you have a legal right to change your mind within 14 days and receive a refund.
17.5 When consumers do not have a right to change their minds.
Your right as a consumer to change your mind does not apply in respect of services, once these have been completed, even if the cancellation period is still running, or in respect of digital content after you have started to download or stream these.
17.6 How long do consumers have to change their minds?
If you are a consumer, you have 14 days after we email you to confirm we accept your order to change your mind. If you provide your consent to us providing the Services during the 14 day cancellation period, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
18.1 Tell us you want to end the contract.
To end the contract with us, please let us know by using our website or creating a support ticket on our website or mobile application. Please include details of what you bought, when you ordered it and your name and email address.
18.2 How we will refund you.
If you are entitled to a refund under these terms we will refund you the price you paid for the Services by the method you used for payment. However, we may make deductions from the price, as described below.
18.3 When we may make deduction from refunds if you are a consumer exercising your right to change your mind.
If you are exercising your right to change your mind we may deduct from any refund an amount for the provision of the Services for the period for which they were provided, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been provided, in comparison with the full coverage of the contract.
18.4 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
19.1 We may end the contract for the Services at any time by writing to you if:
19.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
19.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services; or
19.1.3 you are in material breach of any of the provisions of these terms and conditions, particularly clause 6.
19.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 19.1.1 we may charge you reasonable compensation for the net costs we will incur as a result your breaking the contract.
19.3 We may withdraw the Services.
We may write to you to let you know that we are going to stop providing the Services. We will let you know at least 30 days in advance of our stopping the supply of the Services and will refund any sums you have paid in advance for Services which will not be provided.
20.1 On termination of the contract for any reason:
20.1.1 any licence granted under these terms will terminate and you must stop all activities authorised by these terms, including your use of our app and the Services immediately; and
20.1.2 you must delete or remove our app from all devices in your possession and immediately destroy all copies of our app which you have.
20.2 On termination of the contract for any reason, any rights, remedies, obligations or liabilities that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the contract which existed at or before the date of termination will not be affected or prejudiced.
20.3 Any provision of the contract that expressly or by implication are intended to come into or continue in force on or after termination of the contract will remain in full force and effect.
21.1. We may transfer our contract 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.
21.2 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 to this in writing.
21.3 Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
21.4 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.
21.5 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. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
21.6 Which laws apply to this contract and where you may bring legal proceedings.
Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
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Registered Address:
Cardinal House, 46 St Nicholas Street, Ipswich, Suffolk, IP1 1TT, UK
© 2020 ZONE V LIMITED. ALL RIGHTS RESERVED.
Company Number: 06627807 Registered In England And Wales.
VAT Number 143 1126 58
