This mobile application (the “App”) is made available by Intuiguide of [Insert Address] (“Intuiguide”, “us”, “we” or “our”). You, the user of the App, confirm your acceptance of these App terms of use (“App Terms”). If you do not agree to these App Terms, you must immediately uninstall the App and discontinue its use. These App Terms should be read alongside our Privacy Policy and Cookie Policy.

App and Related Terms

Depending on the version of the Application you have downloaded, these App Terms incorporate Apple’s or Google Android’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.
We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App.

Use of the App

Intuiguide hereby grants you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and in accordance with these App Terms (“User Licence”). All other rights in the App are reserved by Intuiguide.
In the event of your breach of these App Terms we will be entitled to terminate the User Licence immediately.
You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
You acknowledge that where you use services provided by Apple or Google (or any other third parties) in connection with your use of the App, you will be subject to Apple’s, Google’s (or the applicable third party’s) terms and conditions and privacy policy and you should ensure that you have read such terms.

Intellectual Property

The Intuiguide name and logo, and other Intuiguide trademarks, service marks, graphics and logos used in connection with the App are trademarks of Intuiguide (collectively “Intuiguide Trademarks”). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The Intuiguide Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Intuiguide or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Intuiguide and its licensors.

Prohibited Uses

You agree not to use the App in any way that:

• is unlawful, illegal or unauthorised;

• is defamatory of any other person;

• is obscene or offensive;

• promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

• infringes any copyright, database right or trade mark of any other person;

• is likely to harass, upset, embarrass, alarm or annoy any other person;

• is likely to disrupt our service in any way; or

• advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

• Indemnification

You agree to indemnify Intuiguide for any breach of these App Terms. Intuiguide reserves the right to control the defence and settlement of any third party claim for which you indemnify Intuiguide under these App Terms and you will assist us in exercising such rights.

No Promises

Intuiguide provides the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Intuiguide does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content. The App, may be out of date and Intuiguide makes no commitment to update it.
To the fullest extent permitted by applicable law, Intuiguide hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.

Reliance on Information

The App is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the App.

User Premium Upgrade

Subject to your paying any fees due, and subject to you complying with these terms, we authorise you to obtain the benefit of the Service in accordance with the account type chosen by you for the Term.
You can order a Premium Upgrade directly over the phone. You will however be required to download the relevant apps from the Apple and Google app store/s.

Payment

You agree to pay the Premium Upgrade price. You must provide us with complete and accurate payment information at the time you upgrade. Payment for your Premium Upgrade can be made by direct debit, credit or debit card.
We reserve the right to withdraw or change any Premium Upgrade and/or price at any time. This includes adding or removing any third party platforms, apps and/or app stores from the Premium Upgrade(such as Apple and Google). This will not affect any Premium Upgrade that you have already paid for, unless the addition or removal relates to a third party platform, app and/or app store or for some reason we are withdrawing a Premium Upgrade due to our inability to fulfil that upgrade.
If we change the Premium Upgrade price we will inform you of this with at least 30 days’ notice so that you can choose whether or not to cancel your payment.

Privacy

For the purposes of applicable data protection legislation, Intuiguide will process any personal data you have provided to it in accordance Privacy Policy available on the Intuiguide website or on request from Intuiguide.
You agree that, if you have provided Intuiguide with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Intuiguide and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Intuiguide’s website or otherwise provided a copy of it to the third party. You agree to indemnify Intuiguide in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

Disclaimers

Intuiguide makes no warranty or representation that the App will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
No part of this App is intended to constitute advice and the Content of this App should not be relied upon when making any decisions or taking any action of any kind.

Availability of the App

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Intuiguide accepts no liability for any disruption or non-availability of the App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Limitation of Liability

To the maximum extent permitted by law, Intuiguide accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the App or any information contained therein. Users should be aware that they use the App and its Content at their own risk.
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to support@intuiguide.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

Law and Jurisdiction

These terms and conditions and the relationship between you and Intuiguide shall be governed by and construed in accordance with the Law of Vanuatu and Intuiguide and you agree to submit to the exclusive jurisdiction of the Courts of Vanuatu.