Terms & Conditions of Business
The App Cellar is a company registered in England and Wales (number 08538163) whose Registered Office is at Saddlers House, 4 – 6 South Parade, Bawtry, South Yorkshire, DN10 6JH.
The definitions and rules of interpretation apply in these conditions:
“The Company” means The App Cellar Limited
“App” means the service provided by way of mobile phone app generator.
“Client” means the individual, business or company with whom the contract is made and who agrees to purchase the app.
“Service” means the development of the app and its contents including the marketing platform and other articles supplied by The Company at any time but not limited to the app purchased.
“Marketing” means the right of any user to market the App to an end user on behalf of the Company.
“Referral Fee” means the fee paid by the Company to the Client for the successful marketing of the App to any new Client.
Any reference to any law is a reference to it as it is in force for the time being taking into account of any amendment, extension and application and includes any subordinate legislation for the time being in force made under it.
Words in the singular include the plural and in the plural include the singular.
By accessing or using any part of the service or submitting a form to purchase the Service you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you may not purchase the service.
2. Copyright, trademarks and database rights
- We own all intellectual property rights in and to the Website (including the database, design, text, graphics and layout) and the software used therein and the names and marks “the app cellar (“the Marks”) and you agree not to use or copy the same or any part thereof without our consent. In particular, you acknowledge that we own all rights, including trademark, service mark and allied rights in and to the Marks.
- Whilst every effort is made to keep the App up and running smoothly, The Company takes no responsibility for and will not be liable for the App being temporarily unavailable due to technical issues beyond our control.
- We also take reasonable precautions to prevent viruses and other malicious programmes from infecting the App, but cannot accept any liability for loss or damage resulting from computer or other equipment, software or data becoming infected or corrupted on account of your access to or use of this App or its content, or any of the site to which we provide links.
- We cannot guarantee that access to the App will be uninterrupted or error-free and cannot accept liability for any loss or damage resulting from interruption or error in transmission.
- We reserve the right to reject, remove and/or amend content, text or graphics or other material submitted for inclusion on the App which in our opinion is obscene, defamatory, infringes the copyright or other rights of any third party, or which is illegal or does not meet our standards.
4. The service
- We provide the administration and marketing platform for the client to advertise and promote their own businesses using the App.
5. The contract
- There is no Contract. The App is purchased by the client and made available to the client for a period of one year from the date of payment. Subsequent hosting fees are charged each year the App is live. The app can be cancelled at any time, however no refund will be made in the first year.
- The fee for your App is determined by the choice of App purchased at the onset and payable immediately after the trial or proofing period has ended (unless agreed otherwise in writing). We shall be under no obligation to provide the Service after the trial or proofing period has lapsed and in the absence of payment.
- The Client agrees to purchase The App and authorise The Company to charge your credit or debit card for the amount listed on the secure checkout page and agree to any other terms of the transaction listed on the secure checkout page.
- The Client agrees and acknowledges that payment for products and services are made directly to The Company and any questions or support regarding the service is to be brought to the attention of The Company by you contacting The Company directly.
- Hosting is chargeable each year commencing on the first day of the second year following the payment date at a rate of £99.00 + VAT per year. No refunds are made should you cancel your app during a year.
7. Referral Fees
- A referral fee for Clients marketing the App will be paid by the Company to the Client at the end of the following month after the Company has received the fees from the referred client.
- We reserve the right to expand, change or revise the Service as our business grows or as conditions provide.
- If any provision in these terms and conditions are deemed or found by any competent court or authority to be invalid or not binding, we agree that such provision shall be severable from the rest of these terms and conditions which shall remain fully in force.
- Neither you nor we shall be liable for any failure to perform our obligations hereunder, if such failure results from any act of riot, war, civil unrest, flood, earthquake or other cause beyond reasonable control (which shall not include failure caused by negligence or the financial condition of either party).
- The Client can cancel their app at any time. If the Client cancels their app part way through a year, no refund will be made.
- The Company can remove the App and the service at any time should you be in material breach as per Clause 3d and the breach is not remedied immediately that this is brought to light.
- In the event of 10b, no payment will be refunded to the Client by The Company.
- Any links to or from this website are provided by independent third parties and we are not responsible and shall not be liable for the availability or content of these outside resources.
- We may transfer and/or assign our rights and/or our obligations under these terms and conditions and this will not affect your rights. You may not transfer any of your rights or obligations under these terms and conditions.
- If you breach these terms and conditions and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these terms.
- These terms and conditions shall be governed by English law.
- We will try to solve any disagreements quickly and efficiently. If you want to take court proceedings in relation to these terms and conditions you must do so in the United Kingdom.