These terms and conditions ("Terms", "Agreement") are an agreement between City Cognition Ltd ("Mobile Application Developer", "us", "we" or "our"), the owner and operator of the Heatseekr® app ("the app") and https://heatseekr.app ("the Site"), and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the Heatseekr app and any of its products or services (collectively, "Mobile Application" or "Services"). By using the service, you acknowledge and agree to these terms, and Heatseekr's privacy policy. If you do not agree to any of these Terms, you must not use the Service.
We are a platform that provides users with information on the hospitality industry, including promotions. We do not guarantee that the Service or the App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Service for business and/or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. The App, Site or the Service may be updated from time to time to reflect changes to our products, our users' needs and our business priorities or for any other reason at our discretion. We will try to give you reasonable notice of any major changes. While all care is taken to ensure the accuracy of information provided, we are reliant upon third party data providers, partner venues and users. Except as required by law, we will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the information we provide. We will not be liable for any fraudulent misrepresentations (see 'Limitation of Liability' below).
Heatseekr will from time to time, provide users with promotional offers and discounts to Customers, including the use of coupons/vouchers. Venues will also publish Offers to users of the Heatseekr Service through the App. Venues are solely responsible for honouring Offers they have made through the App. However, if you consider that a Venue has failed to honour an Offer made to you, please promptly notify us at admin@heatseekr.app with the details and any evidence you may have in support of your claim. In the case of coupons, the use of and redemption of such coupons will fall under the specific conditions stipulated by Heatseekr and added to the Coupon information available to the Customer. Heatseekr reserves the right to stipulate, at its sole discretion, a different policy or set of terms for each of the Coupons granted.
By redeeming coupons, participants are deemed to have accepted these terms and conditions. Coupons are managed by Heatseekr and are offered under its own discretion. The users agree that Coupons may be subject to change, whether they have been redeemed or not, in cases where Heatseekr considers it necessary. City Cognition Ltd. reserves the right to withdraw, amend or temporarily suspend offers in its absolute discretion, provided that it shall not exercise this right unreasonably, including in the event of technical or other difficulties that might compromise its integrity.
Subject to your compliance with these Terms, City Cognition Ltd. grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
This will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available. Any rights not expressly granted herein are reserved. The rights in the App and the Service are licensed, not sold to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, make a derivative work from the software (or related data) in the App or the Service.
You must be at least 18 years of age (or the legal age to consume alcohol in your jurisdiction, if higher) to use this Mobile Application. By using this Mobile Application and by agreeing to this Agreement you warrant and represent that you are of the legal drinking age in your jurisdiction. If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
In order to make best use of the Service you may be required to sign up through the App. You may sign up using an email and password or by logging-in through certain third-party sites (such as Facebook). Once you have signed in for the first time, your login tokens will be saved to your device and you will be automatically logged-in in the future unless you have signed out in the meantime. You must treat your log-in password as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at admin@heatseekr.app.
We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
As a condition of your use of the Site, Service and/or the App, you agree:
We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.
This Agreement does not transfer to you any intellectual property owned by the Mobile Application Developer or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with City Cognition Ltd. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any Mobile Application Developer or third party trademarks. All rights (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Service and the content (excluding content provided by users of the Services) including but not limited to all information, data, text, maps, graphics, the "look and feel", logos, icons, trademarks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Services, and the underlying code and software in the Services are and will remain the exclusive property of City Cognition Ltd. The Services are protected by copyright, trademark, and other laws and treaties around the world. All such rights in the Services, content (excluding content, if any, provided by users of the Services) and related material are reserved.
The services are provided “as is” and “as available.” City Cognition Ltd. disclaims to the maximum extent permitted by law any warranties, representations, guarantees or conditions, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, City Cognition makes no representations, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. City Cognition Ltd. does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any good or service requested therewith, remains solely with you, to the maximum extent permitted under applicable law. City Cognition Ltd. makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, functionality, compatibility, freedom from defects, timeliness, security, performance, availability, or reliability of the Service or any content. City Cognition will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or the App. City Cognition Ltd. makes no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. City Cognition Ltd. does not provide any warranty or representation that the Services are free from infection by viruses or anything else that has contaminating or destructive properties. You use the Service at your own discretion and risk and you will be solely responsible for any damage to your computer, mobile device or network that results from your use of the Service. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service, or on any website or application linked to it.
City Cognition Ltd. shall not be liable for indirect, incidental, special, exemplary, punitive of consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if City Cognition Ltd. has been advised of the possibility of such damages. City Cognition Ltd. shall not be liable for any damages, liability or losses arising out of:
City Cognition Ltd. shall not be liable for delay or failure in performance resulting from causes beyond our reasonable control. The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. To the maximum extent permitted by applicable law, the aggregate liability of City Cognition Ltd. and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one pound or any amounts actually paid in cash by you to City Cognition Ltd. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose. City Cognition Ltd. is not liable to you for any inability to access the Service at any time, for any reason (including but not limited to any planned or unplanned downtime, or any outages on networks (including mobile networks) or when you are not in an area supported by mobile coverage).
You agree to indemnify and hold City Cognition Ltd. and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses arising out of or in connection with:
Any dealings between you and any third party advertisers or merchants found on the App or Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the relevant advertiser or merchant. Therefore, we are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
Where the Site or the App contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to use or access the Mobile Application and its Services. We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to admin@heatseekr.app.
This document was last updated on 23 August 2020.