BY APPOINTMENT ONLY APP – TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY

BY CLICKING ON THE “ACCEPT” BUTTON YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THEM, DO NOT CLICK THE “ACCEPT” BUTTON.

WHO WE ARE AND THE PURPOSE OF THESE TERMS

We are By Appointment Only Limited, a company registered in England with company number 12613551, whose registered office is at Unit 12, Talina Centre, 23a Bagleys Lane, London SW6 2BW.

We license you to use:

  • our “By Appointment Only” mobile app (App) allows shoppers to book appointments with retail outlets (Stores) by booking time slots to visit individual Stores or joining virtual queues to gain access and any updates or supplements to it; and
  • the services accessible via the App (Service),

in accordance with these Terms.

YOUR PRIVACY

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our App Privacy Notice and it is important that you read that information.

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.

APPSTORE’S TERMS ALSO APPLY

The ways in which you can use the App may also be controlled by the AppStore from which you download the App. The AppStore’s rules and policies will apply instead of these Terms where there are differences between the two.

MINIMUM OPERATING SYSTEM

The App requires a mobile telephone or handheld device with a minimum of Android 7 or iOS 12 operating system.

SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

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 resources at www.byappointment.app

Contacting us (including with complaints): If you think the App or the Service are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@byappointment.app.

Communications with you: If we have to contact you we will do so by email or by SMS, using the contact details you have provided to us.

HOW YOU MAY USE THE APP

In return for your agreeing to comply with these Terms you may:

  • download a copy of the App onto a mobile telephone or handheld device (Device) to view, use and display the App and the Service for your personal purposes only;
  • use any Documentation to support your permitted use of the App and the Service; and
  • receive and use any free update of the App incorporating “patches” and corrections of errors as we may provide to you.

YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE THE APP

You must be 18 or over to accept these terms and use the App.

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 If you sell the Device on which the App is installed, you must remove the App from that Device.

CANCELLING APPOINTMENTS

If you want to cancel an appointment you have booked for any reason, you may cancel an individual appointment, or all of the appointments you have booked, by going to the appointment in the App and cancelling 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.

We will give you at as much notice of any change to these Terms as is reasonably practicable by sending you an SMS or email 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 may continue to use the App and the Service in accordance with the existing Terms, but certain new features may not be available to you.

UPDATES 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 Service.

IF SOMEONE ELSE OWNS THE DEVICE YOU ARE USING

If you download the App onto any 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 Device.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the App or the Service, you agree to us collecting and using technical information about your Device in line with the terms of our Privacy Policy.

WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES )
The Service makes use of location data sent from your Device. By using the Service, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data to provide and improve the location-based elements of the Service in line with the terms of our Privacy Policy. You can turn off this functionality at any time by turning off the location services settings for the App on your Device but some features may not work.

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

The App may contain links to other independent websites provided by the Stores and our other partners. Such independent websites 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 websites, including whether to buy any products or services offered by them.

RESTRICTIONS ON YOUR USE OF THE APP

You agree that, except as permitted by these Terms, you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App, the Service or any Documentation, 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, the Service or any Documentation nor permit any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
    • is not disclosed or communicated without the Licensor’s 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;
    • is not used to create any software that is substantially similar in its expression to the App;
    • is kept secure; and
    • is only used for the Permitted Objective; and
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or the Service.

ACCEPTABLE USE RESTRICTIONS
You must:

  • not use the App or the 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, the 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 the any Service (to the extent that such use is not licensed by these Terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Service;
  • not use the App or the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App, the Service and any Documentation throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Service and any Documentation 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. 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 these Terms 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 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.

When we are liable for damage to your property. If the App or the Service damages your Device or any digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that could have been 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. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.  

Limitations to the App and the Service. The App and the Service are provided for general information purposes only. 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 the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

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 Service are suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service meet your requirements.

We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service 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.

WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICE IF YOU BREAK THESE

TERMS

We may end your rights to use the App and Service 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.

If we end your rights to use the App and Service:

  • you must stop all activities authorised by these terms, including your use of the App and the Service;
  • 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; and
  • we may remotely access your Devices and remove the App from them and cease providing you with access to the Service.

WE MAY TRANSFER OUR CONTRACT WITH YOU 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 your contract with us (Contract).

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under the Contract to another person if we agree in writing.

NO RIGHTS FOR THIRD PARTIES

The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

EACH OF THESE PARAGRAPHS IS A SEPARATE TERM

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 THE CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing our contract with you, 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 the 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.

LAWS APPLYING TO THE CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

The Terms are governed by English law and you can bring legal proceedings in respect of the App and the Service in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.