1. Acceptance of Terms
1.1. Your access to and use of togethr is subject exclusively to these Terms and Conditions. You will not use togethr for any purpose that is unlawful, misleading, malicious, discriminatory, or prohibited by these Terms and Conditions. By using togethr you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using togethr.
1.2. By using togethr, you represent that you have reached the "age of majority" where you live.
togethr reserves the right to:
2.1. Change or remove (temporarily or permanently) togethr or any part of it without notice and you confirm that togethr shall not be liable to you for any such change or removal; and
2.2. Change these Terms and Conditions at any time, and your continued use of togethr following any changes shall be deemed to be your acceptance of such change. If you do not agree to the revised Terms and Conditions, your only recourse is to discontinue use of togethr.
3. Your Content
3.2. togethr enables you to communicate with others and share or store various types of content, such as photos, quiz answers and video. The contents of your communications and your content belong to you, and you are responsible for it. togethr does not claim ownership of the content you provide. You represent and warrant that you have all the rights necessary for the content you upload or share on togethr and that the use of the content will not violate any law.
3.3. In order to access and use togethr's features, you acknowledge and agree that you will provide togethr with your email address and mobile phone number, and your partner's email address and mobile phone number. You must provide accurate information.
3.4. The user you are connected to during the 'sign up' process is referred to as your partner.
3.5. Your content may be shared with your partner automatically.
3.6. When you transmit or upload content using togethr, you are giving togethr the worldwide right, without charge, to use the content as necessary to provide togethr's services.
4. Third Party Content
togethr may include content from or links to third party sources that are controlled and maintained by others. Any such content is not an endorsement and you acknowledge and agree that togethr is not responsible for the content or availability of it.
5. Privacy and Cookies
5.2. The togethr websites use "cookies". Cookies are small text files that are created by a web server and stored on your computer when you visit a website.
If you wish to opt-out of our placing cookies on your computer, please adjust your internet browser's settings to restrict cookies as detailed in your internet browser's help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser's help menu.
No refunds will be given for In-App Purchases under any circumstances.
7. Intellectual Property
7.1. All copyright, trade marks and all other intellectual property rights in togethr and its content (including without limitation togethr design, text, graphics and all software and source codes connected with togethr) are owned by or licensed to togethr or otherwise used by togethr as permitted by law.
7.2. "togethr" and other togethr graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of togethr. togethr's trademarks and trade dress may not be used in connection with any product or service without the prior written consent of togethr.
7.3. In accessing togethr you agree that your use is solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.
8. Disclaimers and Limitation of Liability
8.1. togethr is provided on an "AS IS" basis "WITH ALL FAULTS" and "AS AVAILABLE" without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, safety, accuracy and timeliness. You use togethr at your own risk.
8.2. To the extent permitted by law, togethr will not be liable for any indirect, incidental, special or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in any way connected with the use of togethr or its content, under any law or on any basis whatsoever whether contractual or otherwise, except in relation to death or personal injury for which no limit shall apply.
8.3. togethr makes no warranty that the functionality of togethr will be uninterrupted, timely, secure, or error free, that content loss will not occur, that defects will be corrected, or that togethr or its servers are free of viruses or anything else that may be harmful or destructive.
8.4. If togethr is liable for any damages, other than those for death or personal injury, you agree that your exclusive remedy is to recover from togethr direct damages with a total liability up to an amount equal to your services fee for one month, or up to £1 if the services are free.
8.5. These limitations and exclusions apply even if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to these Terms and Conditions such as loss of content; any virus affecting your use of the services; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, misrepresentation, or omission; trespass, or other tort; violation of statute or regulation; or unjust enrichment.
8.6. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of togethr for death or personal injury as a result of the negligence of togethr or that of its employees or agents.
8.7. You do not have any authority of any kind to bind togethr in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. togethr shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond togethr's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
8.8. The contents of togethr's services, and any content accessed using togethr, do not constitute advice and should not be relied upon in making or refraining from making, any decision.
9.1. You will not attempt to reverse engineer, alter or modify any part of togethr, its protocols or its client applications.
9.2. You will not do anything that could disable, overburden, or impair the proper working or appearance of togethr. Notwithstanding the foregoing, togethr grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.
9.3. You agree not to collect or harvest any personally identifiable information from togethr.
9.4. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
9.5. You will not solicit login information or access an account belonging to someone else.
9.6. You will not bully, intimidate, or harass any user.
9.7. You must notify togethr immediately of any breach of security or unauthorized use of togethr. Although togethr will not be liable for your losses caused by any unauthorized use, you may be liable for the losses of togethr or others due to such unauthorized use.
9.8. togethr uses your device's internet connection to send and receive content, and may display a Call button as a shortcut for the calling features on your device. You are responsible for all charges and fees relating to your device's call and data usage.
togethr may terminate or suspend or remove any and all services and/or your togethr account or data immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination of your account, your right to use the services will immediately cease. If you wish to terminate your togethr account, you may simply discontinue using the services. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
You agree to indemnify and hold togethr and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against togethr arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of togethr.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
13. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts. Those who access or use togethr from other jurisdictions do so at their own volition and are responsible for compliance with local law. togethr makes no representations that togethr is appropriate or available for use in any particular locations.