TERMS AND CONDITIONS
Sweeper – User Agreement
PLEASE READ THIS CAREFULLY BEFORE USING THE SWEEPER APP
1.1 The Sweeper application (the “App“) is operated by Sweeper Ltd (“Operator”, “we” or “us”). The App enables registered users (“Users” and, where you are a registered user “you“) to play games (“Games“) with other Users.
1.2 We are registered in England and Wales under company number 12603455 and have our registered office at Sweeper Ltd, 86-90 Paul Street, 3rd Floor, London EC2A 4NE.
1.4 When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as “defined terms“). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets, bold font and speech marks).
2. Your Account and Verification
2.1 You are required to open an account with us (your “Account”) by completing the registration form on the App.
2.3 By registering with us you declare that:
2.3.1 you are at least 18 years old;
2.3.2 you have legal capacity and authority to enter into these Terms and Conditions;
2.3.3 you have read and understood the terms of these Terms and Conditions and agree to be fully bound by their terms.
3. Closure of your account and Freezing of your account
You have the right to close your Account at any time. You should make a request to close your Account by emailing firstname.lastname@example.org. We will respond within a reasonable time.
3.1 We or you may suspend or close your Account at any time for any reason. We reserve the right not to register an applicant and/or to suspend or terminate your use of our services at any time, and with no obligation to provide reasons for doing so.
Some of the reasons we may have for refusing to register or suspend/close an Account are:-
- We have doubts about the accuracy or information provided to us;
- We have knowledge or reasonably suspect you to be in breach of these Terms and Conditions;
We have knowledge or reasonable suspicion that you have corrupted the App with a bug, malware, virus, DDS attack or similar or have attempted to do so, and we reserve our rights to recover any losses incurred by us against you in full.
3.2 If you breach any of the terms of these Terms and Conditions, we may immediately do any or all of the following (without limitation):
3.2.1 issue a warning to you;
3.2.2 temporarily or permanently remove any User Generated Content (as described in section 7.5) uploaded by you to the App;
3.2.3 temporarily or permanently withdraw your right to use the App;
3.2.4 suspend or terminate your Account;
3.2.5 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
3.2.6 take further legal action against you; and/or
3.2.7 disclose such information to law enforcement authorities as we reasonably feel it is necessary to do so.
3.3 If we withdraw your right to use the App, then:
3.3.1 all rights granted to you under these Terms and Conditions shall cease;
3.3.2 you must immediately cease all activities authorised by these Terms and Conditions, including your use of any services provided through the App; and
3.3.3 you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control.
4. Inactive accounts
4.1 An inactive account is any Account that has been inactive for a period of twelve (12) months or more, meaning that you have not logged in for that period of time.
4.2 We may close any Account deemed to be an inactive account at any point after making such determination. Please note that after a period of no less than 12 (twelve) months of Account inactivity we reserve the right to close this account.
4.3 We will attempt to notify the User that an inactive account will be closed [thirty (30)] days before any such closure.
5. Accessing the App
5.1 The App requires a smartphone or other mobile device running either the iOS or Android operating systems (the device you use, the “Device“) and, to download the App and to access the latest features, you will need access to the internet and an applicable app store.
5.2 Access to the App and the services provided on it is permitted on a temporary basis, and we reserve the right to withdraw or amend the App and those services without notice.
5.3 We restrict access to some parts of the App to Users who have registered with us. We may suspend access to the App, or close it indefinitely, subject to the provisions of these terms and conditions.
5.4 Any market information or live scores on the App are provided for general information purposes only. They are not intended to amount to advice on which you should rely and if you rely on this content you do so at your own risk.
6. Changes to the App
6.1 We intend to update the App regularly, and may change the content at any time. Should we make material changes to the App we will notify you, however, changes may occur that you are not notified of.
7. Using the App
7.1 You may use the App for lawful purposes only. You may not use the App:
7.1.1 in any way that breaches any applicable local, national or international law or regulation;
7.1.2 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
7.2 You agree:
7.2.1 that you will not use the App in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person.
7.2.2 not to give any indication that you have any commercial relationship with us or that you are our agent.
7.3 You agree not to (and not to authorise any third party to):
7.3.1 infringe our intellectual property rights or those of any third party in relation to your use of the App;
7.3.2 rent, lease, sub-license, loan, translate, merge, reproduce, duplicate, copy or re-sell any part of the App (including but not limited to the personal information of other Users of the App);
7.3.3 access without authority, interfere with, modify, reverse-engineer, damage, disrupt or creative derivative works of:
(i) any part of the App;
(ii) any equipment or network on which the App is stored;
(iii) any software used in the provision of the App; or
(iv) any equipment or network or software owned or used by any third party, including any software you may need to download to use our services;
7.3.4 combine the App with, or incorporate it into in, any other programs;
7.3.5 misuse the App in any way, including without limitation by hacking;
7.3.6 do anything which hinders the performance of the App;
7.3.7 take any action to conceal or disguise the IP address of the device you are using to access the App;
7.3.8 infringe or attempt to infringe the privacy of another User of the App;
7.3.9 take any action to manipulate artificially the App, feedback and/or ratings systems for whatever purpose;
7.3.10 transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
7.3.11 use the App for the purposes of scraping, extracting or otherwise obtaining any material from the App for use within a third party website or application;
7.3.12 collect or harvest any information or data from the App or our systems or attempt to decipher any transmission to or from the servers running the App;
7.3.13 provide or otherwise make available the App in whole or in part (including object and source code) in any form to any person without prior written consent from us; or
7.3.14 fail to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.
7.4 You acknowledge that you have no right to have access to the App in source-code form.
User Generated Content
7.5 If you supply/upload any content to the App – whether it be your personal information (for example, username or email address), pictures, text, sound recordings or whatever – the content you supply (“User Generated Content“) must comply with the following rules:
7.5.1 it must not be obscene, abusive, offensive or racist and it must not promote or condone hatred, violence, terrorism, illegal behaviour or physical harm against anyone;
7.5.2 it must not harass or bully another person;
7.5.3 it must be true and honest so far as you know;
7.5.4 it must not be defamatory of anyone;
7.5.5 it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own); and
7.5.6 it must not contain someone else’s personal details or confidential information relating to other people.
7.6 We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules.
7.7 In addition, we may from time to time provide interactive services on the App that shall enable you to upload User Generated Content, including, without limitation:
7.7.1 comment facilities;
7.7.2 chat rooms; and/or
7.7.3 bulletin boards,
(together “Interactive Services“).
7.8 Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.
7.9 We do not guarantee that the App will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, Devices, computer programmes and platform in order to access the App and we recommend that you use your own virus protection software.
7.10 You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit criminal offences. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.
7.11 You agree to inform us as soon as you encounter any errors in the App.
8. Intellectual property rights
8.1 We grant to you a non-transferable, non-exclusive, revocable licence to use the App on the Devices provided that you comply with these Terms and Conditions. We reserve all other rights.
8.2 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 intellectual property laws and treaties around the world. All such rights are reserved.
8.3 You may print off one copy, and may download extracts, of any page(s) from the App for your personal reference.
8.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.5 Our status (and that of any identified contributors) as the authors of material on the App must always be acknowledged.
8.6 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms and Conditions. You may only use the App for your own domestic, private and non-commercial use. You must not use any part of the materials on the App for commercial purposes without obtaining a licence to do so from us or our licensors.
8.7 If you print off, copy or download any part of the App in breach of these Terms and Conditions, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8.8 No part of the App, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
8.9 Any communications or materials (including, without limitation, any User Generated Content) you send to us through the App by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the App to buy products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
9. Our liability
9.1 We endeavour to ensure that the App is available to Users as much as is reasonably possible, but we cannot and do not guarantee that: (i) the App will be available at any specific time or for any specific period; or (ii) that the features, functionality or performance of the App or the services on it will meet your requirements or those of anyone else; or (iii) that the App or the services on it or the features and functionality of either of them are, or will be, compatible with, or available on, the device or system used by a player to access the App.
9.2 We shall be liable as expressly provided in these Terms and Conditions, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence), breach of statutory duty or otherwise.
9.3 Nothing in these Terms and Conditions shall exclude or restrict our liability for death or personal injury resulting from our negligence or for fraud.
9.4 We shall not be liable for any loss or damage that may arise from any aspect of the App or its availability or functionality not within our reasonable control.
9.5 We shall not be responsible for any consequences resulting from major incidents such as any pandemic, strike, terrorist activity, political crisis, war, and saturation of the telecommunication networks, natural catastrophe, or any other matter beyond our control; which could lead to a total or partial reduction, to the access to our services, on internet or by phone. In such an event, we may (in our sole and absolute discretion) cancel or suspend our services without incurring any liability.
9.6 The Operator will not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise in respect of:
9.6.1 the corruption of data sent by you to us or by us to you.
9.7 Except as expressly stated elsewhere in these Terms and Conditions, all representations, warranties, conditions and other terms, whether express or implied (by common law, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by applicable law.
9.8 Nothing in these Terms and Conditions shall affect your statutory rights (which include, for example, that we will provide our services to a reasonable standard and within a reasonable time). For more information about your statutory rights, contact your local Citizens Advice Bureau or Trading Standards Office.
9.9 The App may contain inaccuracies or typographical errors. We make no representations about the reliability, availability, timeliness or accuracy of the content included on the App.
10. Information about you and your visits to the App
11. Links from the App
Where the App contains links to, or refers to URLs of, other sites and resources provided by third parties, these links or URLs are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
12. General App Terms
For the purpose of this section, “Appstore Provider” means the provider of the app store through which you have downloaded the App (for example, Apple is the Appstore Provider if you have downloaded the App from the Apple App Store, Google is the Appstore Provider if you have downloaded the App from Google Play, etc).
12.1 You acknowledge and agree that these Terms and Conditions have been concluded between you and the Operator, and not with the Appstore Provider. You acknowledge and agree that the Appstore Provider is not responsible for the App and its content.
12.2 You acknowledge and agree that the Appstore Provider has no obligation to provide any maintenance or support in respect of the App. Should you have any problems in using the App, please contact the Operator at email@example.com.
12.3 In the event that the App does not conform with any product warranty provided for by these Terms and Conditions, the Appstore Provider may provide you with a refund of the price that you paid to purchase the App (if any). The Appstore Provider shall, to the maximum extent permitted by law, have no obligation to you whatsoever with respect to the App.
12.4 You acknowledge and agree that the Appstore Provider shall not be responsible for addressing any claims that you might have relating to the App, including (without limitation): product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.
12.5 In the event that a third party claims that the App infringes its intellectual property rights, the Operator (and not the Appstore Provider) shall be solely responsible for the investigation, defence, settlement and discharge of such claim.
12.6 You warrant and represent that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
12.7 If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to these Terms and Conditions. Upon your acceptance of these Terms and Conditions, Apple will have the right to enforce these Terms and Conditions against you as a third party beneficiary.
13.1 We may make changes to these terms and conditions from time to time (including to comply with applicable law or a change in our regulatory requirements), at our sole discretion. We will notify you of any material changes to these terms and conditions by email. Your continued use of the App following such notification will be deemed binding acceptance of the changes. If any change is unacceptable to you, you should stop using our App. It is Your responsibility to review the terms and conditions and any amendments to them each time you use the App.
13.2 From time to time updates to the App may be issued through the relevant app store. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.
13.3 You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of these Terms and Conditions for the use of the App or the Services on or in relation to any Device, whether or not it is owned by you.
You may not assign or transfer any of your rights or obligations under these Terms and Conditions. We may at any time and in our sole discretion assign or transfer any of our rights or obligations under these Terms and Conditions to any member of our group (which means our subsidiaries, our ultimate holding company and its subsidiaries) and/or to any third party in conjunction with the transfer of all or part of our business and assets. We will inform you of any transfer and assignment of a contract, whether in full or in part, on the App. By using the App on your next visit, you indicate that you accept the transfer and/or assignment.
If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.1 Each of the provisions of these Terms and Conditions operates separately. If any provision (or part of a provision) of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in full force and effect.
16.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
17. Whole agreement
23.1 These terms and conditions represent the whole of the agreement between us and you, and replace any previous written or verbal agreement, communicated by or to us.
18. Third party rights
24.1 Except where expressly otherwise provided, these Terms and Conditions are between, and are not intended to give rights to anyone other than, you and us and do not create any third party beneficiary rights. No third party will have any rights to enforce any provision of these Terms.
19. Your concerns
19.1 If you have any concerns, questions or comments about the App or these Terms and Conditions, please contact us by email at firstname.lastname@example.org.
19.2 Should you wish to contact us, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by using the following details:
Address: 86-90 Paul Street, 3rd Floor, London EC2A 4NE
Email address: email@example.com
Terms last updated 7.6.2021
Please contact firstname.lastname@example.org for any further information