klarify App Terms Of Service
This “klarify” app (“app”) is provided to you, the user, by ALK e-com A/S, CVR No. 39266881, having its registered office at Bøge Allé 6-8, 2970 Hørsholm, Denmark ( “ALK e-com” or “we” ).
Any use of the app is conditioned upon your acceptance of these terms and conditions (“Terms of Service”) stated below. Please read these Terms of Service carefully before using the app. If you do not agree to all of these Terms of Service, then you should not use this app. Any new features or tools which are added to the current app shall also be subject to these Terms of Service. If you choose not to install such updates or opt out of automatic updates you may not be able to continue using the app. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to a new version/update of this app. If you do not accept the changes, you will not be permitted to continue to use the app. You must be 18 years old in order to use this app. This app is not intended for use by people under 18 years old.
SECTION 1 – PROVISION OF THE APP
This app is provided to you by ALK e-com for use on compatible devices for download in the respective app stores. We do not charge for the download and use of the app.
Any connection costs incurred during use, e.g. charged by your mobile phone provider, are to be borne by you. ALK e-com may at any time provide updates of the app that change the functionality of the app. The functional scope and system requirements of the current version of the app are stated in the product and update descriptions for the app in the respective app stores. If your app store does not provide you with appropriate notification functions then please check your app store for updates or newer versions yourself. You have no entitlement to future or further provision of the app or any updates. We may modify or discontinue the app at any time and you may discontinue use of the app at any time. The app is for use only in Ireland. We do not represent that content available on or through the app is appropriate for use or available in other locations.
SECTION 2 – USE OF THE APP/NO VERIFICATION OF THE ACCURACY AND COMPLETENESS; PURPOSE OF USE: ONLY SUPPORTING FUNCTION OF THE APP
The app is intended for private use by people who wish to be informed about current pollen count in specific locations and who wish to receive information for the purposes of managing their allergy. We may from time to time provide you with personalised content and offers (which are recognisable as such) which we believe may help you to manage your allergy. The app is only intended to support people who want to use it to help manage their pollen allergy. The app and the information provided through it is not a substitute for medical advice and should not therefore be relied upon for medical purposes. It does not provide therapeutic or diagnostic information. Neither therapeutic nor diagnostic recommendations are given. The app is not intended or suitable for use in diagnosing, self-diagnosing, monitoring or treating disease. The functions of the app are also based on data stored by the user and data provided by third parties. Neither the app nor ALK e-com will check the accuracy and completeness of such data, so ALK e-com and/or its employees and/or its vicarious agents do not assume responsibility, and shall have no liability, for the accuracy of that data. Note that for parts of the year, we may not have access to pollen data in particular locations e.g. where pollen levels are commonly very low and/or are otherwise difficult to measure.
SECTION 3 – LIMITED GRANT OF RIGHTS
We grant you a non-exclusive (simple and temporary) and non-transferable right to use the app, including the software and information contained therein, exclusively for private purposes to the extent that such use corresponds to the purpose pursued by ALK e-com in making the app available and explained in more detail in these Terms of Service. In particular, you may not distribute or otherwise transfer the app to third parties for use (including renting, leasing or sublicensing) or use the same to provide services to third parties. The app, including information and software it contains, is protected by copyright laws and other intellectual property laws and agreements. You will respect these rights and in particular will not remove any identifiers, trademarks or copyright notices from the app or copies thereof. Apart from the rights of use expressly granted herein, you are not granted any further rights of any kind, in particular to industrial property rights, such as trademarks. From time to time we may restrict access to some parts of the app, or the entire app, to users and we assume no responsibility for any interruption. The app may also be unavailable from time to time due to maintenance or malfunction or for other reasons outside our control and we assume no responsibility for any such malfunction, delay or interruption.
SECTION 4 – DISCLAIMER OF LIABILITY
We endeavour to keep content and functionalities of the app updated. However, we do not give any guarantee, condition, warranty or representation as to the accuracy, sequence, timeliness or completeness of the app or its content. We will not be liable under these Terms of Service for any loss or damage caused by us or our affiliates in circumstances where: (a) there is no breach of legal duty of care owed to you by us; (b) such loss or damage is not a reasonably foreseeable result of any such breach; or (c) any increase in loss or damage results from a breach by you of these Terms of Service. Our liability shall not in any event include losses related to you such as loss of profits, lost data or business interruption. Nothing in these Terms of Service shall limit or exclude our liability for death or personal injury resulting from our negligence or negligence of our employees, affiliates, contractors or agents. A reasonably foreseeable result is one which is obvious it will happen or which, at the time you accessed the app, it was assumed by us both that it would happen.
SECTION 5 – NOTIFICATIONS & SETTINGS
SECTION 6 – PROFILE
SECTION 7 – PERSONAL INFORMATION
SECTION 8 – SEVERABILITY CLAUSE
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 9 – GOVERNING LAW
These Terms of Service, their subject matter and their formation and any separate agreements whereby we provide the app to you shall be governed by and construed in accordance with the laws of Ireland. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
SECTION 10 – COMPLAINTS
If you have a complaint about ALK e-com and our app, please reach out to our team on: firstname.lastname@example.org The European Commission provides an Online Dispute Resolution Platform, which is available under www.ec.europa.eu/consumers/odr.. We participate in this dispute resolution procedure. A list of contact data of acknowledged dispute resolution bodies is available under https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show.