Terms & Conditions

Ollywan Terms of Use

Version 2.0

Last updated on: 14 MAY 2019


These terms of service (“Terms) govern your use of (i) this mobile software application (the “App”) and (ii) the services we provide from time to time through the App. Together, we refer to (i) and (ii) as the “Service”.


Information about us.


We, Ollywan Limited of 33 Calshot Way, Enfield, Middlesex, EN2 7BQ, United Kingdom (“Ollywan”, we”, “us” and “our”) provide the Service to you on the basis of these Terms and subject to the rules applied by Apple Inc. (“App Store Rules”) in respect of its App Store located at http://www.apple.com/uk/itunes/charts/free-apps/ (“App Store”) and Terms and subject to the rules applied by Google Inc. (“Google Play Store Rules”) in respect of its Play Store located at https://play.google.com/store/apps (“Google Play Store”). We do not sell the App to you. We remain the owners of the App at all times.


If you wish to contact us in writing, have a complaint or are required to give us notice in writing, you can send this to us by email at contact@winstag.com or by pre-paid post to our main trading address referred to above. If we have to contact you or give you notice in writing, we will do so by email to any email address you provide to us.


If you need it, our VAT number is 243 7671 92


Important notices:


  • Please read these Terms carefully before downloading, accessing or using the App. By downloading the App , you agree to these Terms which will bind you legally.


  • If you do not agree to these Terms, you must not use the Service and you must stop the downloading process now.


  • The key terms you should consider are the limitations on liability contained in the sections titled Products and Third Party Services, Disclaimer, Our Responsibility for Loss or Damage Suffered by You if you are a Consumer and Our Responsibility for Loss or Damage Suffered by You if you are a Business.


  • You must be at least 15 years of age to use the Service.


  • If you are a consumer, the Service is intended for your personal, non-commercial use.


  • If you are an individual accessing or using the Service on behalf of, or for the benefit of, any corporation, partnership or other entity (a “Business”), then you are agreeing to these Terms on behalf of yourself and such Business, and you represent and warrant that you have the legal authority to bind such Business to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Service and to any such Business. If you are individual accessing or using the Service on behalf of, or for the benefit of a Business, you may only use the Service for your internal business purposes.



  • Your access to and use of the Service is also governed by our privacy policy.


Changes to these Terms.


We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting a revised version of these Terms through the App. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes.


Your use of the Service (including the App) following any changes to these Terms will constitute your acceptance of such changes. The “Last Updated” legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Service; charge, modify or waive any fees required to use any part of the Service; or offer opportunities to some or all Service users.


Minimum age requirements.


You confirm that you are of legal age to form a binding contract and hereby agree to be bound by these Terms, or, if you are not, you confirm that you have obtained parental or guardian consent to enter into these Terms. You must be at least 15 years of age to use the Service, including to submit any personal data to us through or in connection with your use of the Service. If you are a parent or guardian and you provide your consent to your child’s use of or access to the Service, you agree to be bound by these Terms in respect of your child’s use of the Service.


Device.


You agree to install and use the App and Service on an Apple-branded mobile device that runs the iOS (Apple’s proprietary operating system) (“Device”) and mobile devices that run the Android (Google’s proprietary operating sytem) and confirm that you either own such Device or you have obtained permission to install and use the App and the Service on such Device from the owner of such Device. You accept responsibility for any use of the App and Service on or in relation to such Device, whether or not such Device is owned by you or such use was made by you.


Commission.


From time to time you may upload photos to our App and tag products in such photos with links to certain third party online stores (determined by Ollywan in its sole discretion) (“Online Stores”), from which other users may be able to purchase products which are the same as or similar to the products you have tagged (collectively, “Products”). If a user purchases a Product after following a link tagged by you on your photo, the Online Store will notify us, and may pay a commission to us in respect of the purchase of the Product. We may, in our sole discretion, elect to share a proportion of such commission with you.


Products and Third Party Services.


The Service may make available access to information, products, services and other materials made available by third parties, including links to Products sold by Online Stores as described in the Commission section above (collectively, “Third Party Services”).


We have no control over the contents of those Third Party Services. We do not review, approve, endorse, control or make any promises with respect to Third Party Services, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Services, or any intellectual property rights therein. Certain Third Party Services may, among other things, be inaccurate, misleading or deceptive. Nothing in these Terms shall be deemed to be a representation or warranty by Ollywan with respect to any Third Party Services. We have no obligation to monitor Third Party Services, and we may block or disable access to any Third Party Services (in whole or part) through the Service at any time. In addition, the availability of any Third Party Services through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Services.


Without limitation to the foregoing, please note that we do not, ourselves, sell any Products to you and any contract for the provision of any Products is between you and the relevant Online Store (and not us). We are not responsible for (and make no representations, warranties or guarantees as to) the behaviour, acts or omissions of any Online Stores or the quality of any Products or other services provided by such Online Stores. Nothing in these Terms shall be deemed to be a representation or warranty by Ollywan with respect to any such Products or services and we will not be liable to you for any loss or damage caused by your use of such Products or services.


You use all Third Party Services at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third Party Services, the applicable third party’s terms and policies (including terms of use and privacy policies) apply, not these Terms.


If you have a complaint in relation to any Products or Third Party Services, that complaint must be taken up with the Online Store or applicable third party directly.


Intellectual Property Rights.


If you are a consumer, you may use the Service for your own non-commercial purposes, subject to these Terms (including, without limitation the Restrictions and Acceptable Use Policy sections of these Terms).


If you are a Business, you may use the Service for your own internal business purposes, subject to these Terms (including, without limitation the Restrictions and Acceptable Use Policy sections of these Terms).


In consideration of you agreeing to abide by these Terms, we grant to you a non-exclusive, non-transferable, non-sublicensable, personal, limited, revocable licence to use the Service on a Device, subject to these Terms, the Privacy Policy and the App Store Rules. We reserve all other rights in the Service.


You may download a copy of the App on to a Device and view, use and display the App on the Device in accordance with these Terms. You acknowledge that you have no right to have access to all or any part of the App in source code form.


The Service (including all information and materials that we provide on or through the Service) is protected by and embodies copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, rights of publicity, and other intellectual property and proprietary rights (together, “Intellectual Property Rights”).


You acknowledge that the Service and the Intellectual Property Rights embodied in or relating to it anywhere in the world are and will remain the property of Ollywan and/or its licensors, and that you have no rights in, or to, the Service other than the right to use the Service in accordance with these Terms. Without limitation to the foregoing, you acknowledge that Ollywan and/or its licensors reserve all rights in all logos, service marks, brand names, trading names and/or trade marks appearing anywhere on the App and nothing in these Terms should be construed as granting any licence or right to use any of such trade marks.


We reserve the right to modify, suspend or discontinue the Service and the rights granted to you under these Terms in whole or in part at any time, with or without notice. You agree that Ollywan shall not be liable to you or to any third party for such modification, suspension or discontinuation.


Restrictions.


Your right to use the Service is subject to the restrictions listed below. Except as expressly set out in these Terms or as permitted by any local law, you undertake:


(a) if you are a consumer, not to use the Service for any commercial purpose;


(b) if you are a Business, not to use the Service other than for your own internal business purposes;


(c) not to use the Service for any purpose that is fraudulent or otherwise unlawful;


(d) not to interfere with the operation or fair play of the Service and to comply with our Acceptable Use Policy (see the Acceptable Use Policy section below);


(e) not to copy the whole or any part of the Service, except where such copying is incidental to the normal use of the Service for its intended purposes, or where it is necessary for the purpose of back-up or operational security;


(f) not to reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the Service, including without limitation for public or commercial purposes, including any text, images, audio and video;


(g) not to rent, lease, sub-license, loan, distribute, time-share, translate, merge, adapt, vary or modify the whole or any part of the Service;


(h) not to make alterations to, or modifications of, the whole or any part of the Service, or permit the Service or any part of it to be combined with, or become incorporated in, any other product or service;


(i) not to disassemble, decompile, reverse-engineer, derive any code or algorithms or create derivative works based on the whole or any part of the Service 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 Service with another software program, and provided that the information obtained by you during such activities: (i) is used only for the purpose of achieving inter-operability of the Service with another software program; (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (iii) is not used to create any software that is substantially similar to the Service;


(j) not to sell, resell, link to, exploit, provide or otherwise make available the whole or any part of the Service (including object and source code), in any form to any person without prior written consent from us;


(k) not to remove any copyright, trademark or other proprietary rights notices from the Service, and to include our copyright notice on any copies you make of the Service on any medium;


(l) that you are responsible for obtaining and have obtained any and all necessary authorisations, consents and permissions, including from any third party, to the extent that you submit, post, transmit or otherwise process personal data using the Service; and


(m) if you are a Business, to supervise and control use of the Service and ensure that the Service is used by your employees and representatives in accordance with these Terms.


User Content


User Content” means any and all information and content or materials that you submit, post or transmit on or using the Service (for example by submitting a photo or comments on the App).  You are solely responsible for your User Content.  You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or use by others, or any disclosure of your User Content that personally identifies you or any third party. You agree that you own all User Content that you post and that you do not need any permission from any third party to post your User Content. You agree that you will not misrepresent the source, identity or content of any information sent, posted, transmitted or made available via the Service (such as claiming that you own or created User Content or other work that is not actually yours).


How User Content cannot be used. You confirm and promise to us: that your User Content does not and will not violate our Acceptable Use Policy (see below at the section titled Acceptable Use Policy).  You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Ollywan.  Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.

Backing up User Content. We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice – accordingly we recommend you store and backup copies elsewhere. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.


Licence for Ollywan to use your User Content.  So that we can operate the Service, and host and display your User Content (including by incorporating your User Content into the Service and sharing your User Content with Online Stores) you grant (and confirm and promise to us that you have the right to grant) us a licence to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content on the basis that such licence is:

  • irrevocable – once agreed, you cannot remove or restrict our right to use your User Content as described above;

  • non-exclusive – you and, if you let them, other people can use your User Content;

  • royalty-free and fully-paid – we don’t have to pay you or any other party (either now or in the future) to use your User Content in the fashion described above;

  • worldwide – we can use your User Content in the fashion described above anywhere in the world; and

  • sub-licensable – you allow us to authorise other businesses and individuals to use the licence described above, for the purposes of including your User Content as part of the Service.


Moral rights waiver. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.


Do not send us confidential information in User Content. Please note that the User Content you provide to us or make available on or through the Service will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary. You acknowledge that your communications with other users via the Service are public and not private communications, and that you have no expectation of privacy in respect of such communications. Any personal data you submit via photos, comments and/or feedback or other features of the Service may be seen and used by other users. We strongly encourage you not to disclose your personal data via such features. Ollywan is not responsible for any information (including personal data) you communicate in this way.


Monitoring. You agree that we have no obligation to monitor User Content that you or any other person provides or makes available on or through the Service. However, you agree that we may in our absolute discretion, monitor, alter, remove or refuse to post any such User Content for any reason. The opinions expressed in User Content reflect solely the opinion(s) of the user and do not necessary reflect the opinion(s) of Ollywan. We are not responsible for the accuracy, truthfulness or completeness of any User Content and we will not be liable to you for any loss or damage caused by your reliance on such User Content.


Acceptable Use Policy. 


The following terms constitute our “Acceptable Use Policy”:


Protection of our reputation and third party rights. You agree not to use the Service to collect, upload, transmit, display, or distribute any User Content: (a) that is obscene, offensive, hateful, inflammatory or otherwise objectionable or defamatory of any person; (b) that is threatening, abusive or invasive of another’s privacy or likely to cause annoyance, inconvenience or anxiety; (c) that is likely to harass, upset, embarrass or alarm another person; (d) that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (e) that is intentionally misleading or likely to deceive any person; (f) that impersonates any person or to misrepresents your identity or affiliation with any person; (g) that gives the impression that such User Content emanates from Ollywan; (h) that advocates, promotes, assists or enables any illegal or unlawful activities; (i) that promotes violence or indecent or sexually explicit material; (j) that violates any law, regulation, or obligations or restrictions imposed by any third party; (k) that otherwise exposes any person to any danger of any kind; (l) that disseminates or otherwise discloses another person’s personal information without his or her prior permission or collects or solicits another person’s personal information for commercial or unlawful purposes.


Protection of our systems. In addition, you agree not to: (i) upload to, transmit, distribute, or otherwise make available through the Service any computer viruses, worms, trojan horse, time bomb, spyware, robots, bots, spiders or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any computer system, hardware, software, equipment or data; (ii) send through the Service unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other users, including email addresses or passwords, without their consent or otherwise systematically download and store App content; (iv) use any features of the Service for anything other than their intended purpose, including exploiting any glitches for personal gain; (v) interfere with, disable, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (vi) attempt to gain unauthorized access or provide automated access to or use of the Service (or to other computer systems or networks connected to or used together with the Service); or (vii) assist, permit or encourage any person to perform any of the activities described above.


How might we enforce these Terms of Use if you violate them?  We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. The action we take will be determined by us acting in our sole discretion. Examples of action that we might take could include: removing or modifying your User Content, terminating these Terms and blocking your access to the App and/or reporting you to law enforcement authorities or relevant rightsholder.


Feedback. 


If you provide us with any feedback or suggestions regarding the Service (“Feedback”), you hereby transfer to us all rights in such Feedback. You also agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we consider appropriate. 


Do not send us confidential information in Feedback. Please note that the Feedback you provide to us will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary.


Disclaimer.


The App is provided “as is” and, to the extent permitted by applicable law, we, and our directors, officers, employees, agents, representatives, licensors and third party providers, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in the App will be uninterrupted or error free, that defects will be corrected or that the App or its content are free of viruses or other harmful components.


We attempt to ensure that information provided on or in connection with the Service is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. Accordingly, we make no representation as to the completeness, accuracy or maintenance of such information. Such information is also subject to change at any time without notice.


Availability.


We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the Service without notice for valid commercial reasons without liability to you. Without limitation to the preceding sentence, we may periodically schedule system downtime for maintenance and other purposes.


You also acknowledge that unplanned system outages may occur. The App is provided over the Internet and so the quality and availability of the App may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the App or for any loss of material, data, transactions or other information caused by system outages, whether planned or unplanned.


In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the Service, and for paying any data charges that may be charged to you by your network provider in connection with your use of the Service.


Our responsibility for loss or damage suffered by you if you are a consumer:


The Service is not bespoke to you. You acknowledge that the Service 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 Service meet your requirements.


We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Terms are entered into, both we and you knew it might happen. Our liability to you for foreseeable loss and damage caused by us is limited to ten pounds Sterling (GBP £10).


When are we liable for damage caused by a defect in the Service? If the Service damages a Device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you appropriate compensation. However, we will not be liable for damage which you could have avoided by following our advice, including to apply an update, patch or error correction offered to you free of charge or to have in place any minimum Device requirements notified to you by us.


We are not liable for business losses. We only supply the Service for your domestic and private use. If you use the Service for any commercial or business purpose, we will have no liability to you for any (i) loss of profits, (ii) loss of business, (iii) business interruption, (iv) loss of business opportunity, or (v) loss of or damage to reputation or goodwill.


We are not liable for the acts or omissions of Online Stores. As noted in the Products and Third Party Services section above, we are not liable for the behaviour, acts or omissions of any third party, including Online Stores who provide Products or services to you, for the accuracy or reliability of any information provided to you by such third parties, or for any loss or damage caused by your use of any Products or services provided by any third party to you.


We are not liable for events outside our control. We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these Terms that is caused by any event or circumstance beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data service provider’s network.


What we do not exclude. Nothing in these Terms shall limit or exclude our liability for:

  1. death or personal injury resulting from our negligence;

  2. fraud or fraudulent misrepresentation; or

  3. any other liability that cannot be excluded or limited by English law.


Our responsibility for loss or damage suffered by you if you are a Business (or an individual acting on behalf of a Business):


The Service is not bespoke to you. You acknowledge that the Service 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 Service meet your requirements.


What we do not exclude. Nothing in these Terms shall limit or exclude our liability for:

  1. death or personal injury resulting from our negligence;

  2. fraud or fraudulent misrepresentation; or

  3. any other liability that cannot be excluded or limited by English law.


Exclusion. Subject to the above, we shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms.


Your liability.


You agree to compensate us for any claims, losses, liabilities, damages, costs and expenses (including legal costs and expenses) reasonably incurred by us that arise out of your use of the Service in breach of these Terms. We reserve the right to assume the exclusive defence and control of any claim brought by a third party in connection with your use of the Service and you agree to assist and cooperate with us in relation to any such claim.


App Store and Play Store Terms and Conditions.


In addition to your agreement with the foregoing Terms and notwithstanding anything to the contrary herein, you acknowledge and agree to the following provisions with respect to your use of the App:


  1. You acknowledge and agree that these Terms are between us and not with Apple and Google. Apple and Google do not own and is not responsible for the Service. Apple and Google are not providing any warranty for the Service.

  2. Apple and Google are not responsible for maintenance or other support services for the Service and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Service, including, without limitation, any third party product liability claims, claims that the Service fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement.

  3. Any enquiries or complaints relating to the use of the Service, including those pertaining to intellectual property rights, must be directed to us in accordance with the Communications between us section below. The licence that you have been granted under these Terms is limited to a non-transferable license to use the Service on a Device. In addition, you agree to comply with the terms of any third party agreement that is applicable to you when using the Service, such as your wireless data service agreement.

  4. You acknowledge and agree that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  5. You acknowledge and agree that in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not Apple and Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

  6. You acknowledge and agree that Apple and Google and Apple’s and Google’s subsidiaries are third party beneficiaries of these Terms and that, upon your acceptance of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.


Terminating these Terms.


We may terminate these Terms (including the rights and licences granted to you) immediately by written notice to you for any reason, including if you commit a material or persistent breach of these Terms.


Upon such termination for any reason:

  1. all rights granted to you under these Terms shall cease;

  2. you must cease all activities authorised by these Terms, including your use of the App and Services;

  3. on our request, you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so; and

  4. we may remotely access all Devices and remove the App from all of them and cease providing you with access to the Services.


Communications between us.


How can you contact us. If you wish to contact us in writing, or if any provision of these Terms requires you to give us notice in writing, you can send this to us by email to contact@winstag.com.


How we may contact you. If we have to contact you or give you notice in writing, we will normally do so by email to the email address associated with your Facebook or Instagram account.


Other important terms.


We may transfer these Terms of Use to someone else. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms. You may not transfer your rights or obligations under these Terms to anyone else without our prior written consent.


Nobody else has any rights under these Terms of Use. These Terms are between you and us. No other person shall have any rights to enforce any of its terms.


If a court finds part of these Terms unlawful or unenforceable, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.


Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.


These Terms and our Privacy Policy are the entire agreement between us. These Terms and our Privacy Policy are the entire agreement between you and Ollywan relating to the subject matter in these Terms and our Privacy Policy. They supersede any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.


Which laws apply to these Terms and where you may bring legal proceedings. These Terms, their subject matter and formation are governed by English law. If you are a consumer, you and we both agree to submit to the nonexclusive jurisdiction of the courts of England and Wales. This means that, if you are resident in Northern Ireland or Scotland, you may bring a claim to enforce your consumer protection rights in connection with these Terms in Northern Ireland or Scotland, as applicable. If you are a Business, you and we both agree to submit to the exclusive jurisdiction of the courts of England and Wales.