Terms and Conditions of Use

Information about us and Outoo

Outoo is a mobile application, owned and managed by CUE & GROUP LTD trading as Outoo & referred to in this document as “Outoo”, “Outoo App”, “We” & “Us”. We are a limited company registered in England and Wales with company number 09736089 with our registered office at 4 The Crescent, Hampton-in-Arden, Solihull, West Midlands, B92 0BP.

Outoo allows users to check in to future venues that they plan on attending over the next 48hours or events created by the Outoo team. Once users have checked in they can see the profiles of, match with and chat to (mutual acceptance required) other users that have checked in to the same location.

What is the “Service”?: the service includes the Outoo mobile application and website (www.outooapp.com), which are accessible through a mobile device, mobile application or computer.

What are you agreeing to: this “Agreement” is an electronic contract that tells you the terms of use on which you may make use of the Service. Please read these terms of use carefully before you start to use the Service. By using the Service, you confirm that you accept these terms of use and that you agree to comply with them.

The terms of use also refer to the privacy policy (found here, which also applies to your use of the Service. If you do not agree to these terms of use, then you must not use the Outoo App.

We may revise these terms of use at any time and by asking you to agree to them when you next use the service.

Accessing the Service

The Service is made available free of charge for the basic account. Users may purchase a subscription for a premium account and/or to access certain features on a single basis (the terms and conditions for which shall be set out separately).

We do not guarantee that the Service, or any content as part of it, will always be available or be uninterrupted. Access to the Service is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. We will not be liable to you if for any reason the Service is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Service.

You are also responsible for ensuring that all persons who access the Service through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

The Service is directed to people residing in the United Kingdom. We do not represent that the Service is appropriate or available in other locations. If you choose to access the Service from outside the United Kingdom, you do so at your own risk.

You will be assumed to have permission to download and/or stream the Services onto the mobile telephone or handheld device used by you for the Services.

License

In consideration of you agreeing to these terms of use, we grant you a non-transferable, non-exclusive licence to use the Outoo application on your devices, subject also to the privacy policy and any other associated instructions that we may release from time to time. We reserve all other rights.

You may download or stream a copy of the Outoo App on your device(s) and access the Service on the device(s) for your personal purposes only. You may not use the Service for commercial purposes, including advertising or promoting a product or service. You must obtain written consent from us in order to use the Service for any other purpose.

Except as expressly set out in these terms of use or as permitted by any local law, you agree: - not to copy the Outoo App or any associated documents except where such copying is incidental to normal use of the Outoo App, or where it is necessary for the purpose of back-up or operational security; - not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Outoo App; - not to make alterations to, or modifications of, the whole or any part of the Outoo App, or permit the Outoo App or any part of it to be combined with, or become incorporated in, any other programs; - not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Outoo App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Outoo App with another software program; - not to provide or otherwise make available the Outoo App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and - to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Outoo App or any part of the Service.

Acceptable use restrictions

You must: - not use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms of use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Outoo App, any of the Services or any operating system; - not infringe our intellectual property rights or those of any third party in relation to your use of the Service; - not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service; - not use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and - not 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 any part of the Service.

Intellectual property rights

You acknowledge that all intellectual property rights in the Outoo App and all associated documents anywhere in the world belong to us or our licensors, that rights in the Outoo App are licensed (not sold) to you, and that you have no rights in, or to, any part of the Service other than the right to access them in accordance with these terms of use.

You acknowledge that you have no right to have access to the Outoo App in source-code form.

Limitation of liability

You acknowledge that the Outoo App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Outoo App as described in any associated documents meet your requirements.

We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity because the Service is for personal use only.

Our maximum aggregate liability under or in connection with the Service whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the lower of 200% of the level of fees paid by you during the 12 month period immediately preceding any such claim or, if no fee has been paid, 100% of the fee required to access a premium account for a 12 month period. This does not apply to the types of loss set out below.

Nothing in these terms of use shall limit or exclude our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, and any other liability that cannot be excluded or limited by English law.

These terms of use do not affect your statutory rights as a consumer.

Termination

The terms shall remain in full force for as long as you have an Outoo account that has not been disabled. You may disable your Outoo account at any time in the application itself or by emailing hello@outooapp.com directly.

We may suspend and/or terminate your account immediately by notice to you if you commit a material or persistent breach of these terms of use, or for any reason at our sole discretion.

On termination for any reason, all rights granted to you shall cease, you must immediately cease to use the Services, and you must immediately delete or remove the Outoo App from all devices.

Uploading content

You are solely responsible for the contents of your Outoo account and your interactions with other users. By agreeing with these terms you accept that Outoo has no responsibility for the content you post or the content posted by others. You also recognise that you are responsible for all activities that occur under your account.

You recognise that Outoo has the right, but not the obligation, to monitor, review and remove your content without notice or prior consent. Any content you upload to the Outoo App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Outoo App a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you through your use of the Services constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Services.

You warrant that any content uploaded by you will comply with these terms of use and you will be responsible for any loss or damage we suffer as a result of your breach of these terms.

You also confirm that any posting and use of your content by us will not infringe or violate the rights of any third party.

The views expressed by other users of the Service do not represent our views or values.

You are solely responsible for securing and backing up your content.

Content must: - Be accurate (where they state facts). - Be genuinely held (where they state opinions). - Comply with applicable law in the UK and in any country from which they are posted.

Content must not: - Contain any material which is defamatory of any person. - Contain any material which is obscene, offensive, hateful or inflammatory. - Promote sexually explicit material. - Promote violence. - Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. - Infringe any copyright, database right or trade mark of any other person. - Be likely to deceive any person. - Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence. - Promote any illegal activity. - Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety. - Be likely to harass, upset, embarrass, alarm or annoy any other person. - Be used to impersonate any person, or to misrepresent your identity or affiliation with any person. - Give the impression that they emanate from us, if this is not the case. - Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

We do not conduct any form of background checks on their users, all that is required is for them to be able to access an account via a Facebook login mechanism. As such Outoo gives no guarantee as to the user’s identity and takes no responsibility for other users actions or the contents that they display in their profile and in chats. We are under no obligation to oversee, monitor or moderate any part of the interactive service elements of the Services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of these terms of use, whether the service is moderated or not.

Third party content

Outoo offers additional services through the App Store, Google play and other application platforms. At the time of making any purchase whilst using the Service you may be prompted to enter details of your account with the mobile platform you are using and your account will be charged accordingly. Such purchases will be governed by additional terms that are disclosed at the time of the purchase as well as the general terms for in app purchases that may apply from the third party application platforms.

Other important terms

We may transfer our rights and obligations under these terms of use to another organisation, but this will not affect your rights or our obligations under them.

You may only transfer your rights or obligations under these terms of us to another person if we agree in writing.

If we fail to insist that you perform any of your obligations under these terms of use, 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.

Each of the conditions of these terms of use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

Please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Contact details

If you have any queries or need to contact us, please use our email address at: hello@outooapp.com