Terms of Use

Last updated 29 September, 2024

BACKGROUND:

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, PipLens.com (“Our Site”) and Our mobile app. Please read these Terms of Use carefully and ensure that you understand them. You will be required to read and accept these Terms of Use when signing up for an Account. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our mobile app immediately.

1. Definitions and Interpretation

1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

2. Information About Us

2.1 Our Mobile app and Site is owned and operated by PipLens Ltd, a limited company registered in England under company number 13124314, whose registered address is 124 City Road, London EC1V 2NX and whose main trading address is 124 City Road, London EC1V 2NX

3. Access to Our Mobile app and Site

3.1 Access to Our Mobile app and Site is free of charge.

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Mobile app and Site.

3.3 Access to Our Mobile app and Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Mobile app and/or Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms of Use, We will not be liable to you in any way if Our Mobile app and/or Site (or any part of it) is unavailable at any time and for any period.

4. Accounts

4.1 Certain parts of Our Mobile app (including the ability to post content or the ability to schedule availability for bookings or to purchase bookings) require an Account in order to use them.

4.2 You may create an Account if you are under 17 years of age, but, you must be given permission by parent’s or legal guardian’s to contact other users on Our Mobile app via Our video or audio feature.

4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.

4.5 It is your responsibility to keep your password safe. You must not share your Account with anyone else.

4.6 If you believe your Account is being used without your permission, please contact Us immediately at support@piplens.com. We will not be liable for any unauthorised use of your Account.

4.7 You must not use anyone else’s Account.

4.8 All personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 15.

4.9 If you wish to suspend or delete your Account, you may do so at any time by emailing us at support@piplens.com. If you delete your Account, We will remove your information from Our systems and will remove your User Content from Our Mobile app in accordance to the Re-start Account terms (where applicable). Deleting your Account will also remove access to any areas of Our Mobile app requiring an Account for access. Please, see our Privacy Policy at https://piplens.com/static/privacy-policy for more details on what happens to your data when you delete your Account.

5. Intellectual Property Rights and Use of Our Mobile app and Site

5.1 With the exception of User Content, all Content included on Our Mobile app and Site and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content, including User Content, is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.2 Subject to sub-Clause 5.3, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content (including User Content) from Our Mobile app and/or Site unless given express written permission to do so by Us or the relevant User.

5.3 You may:

5.3.1 access, view, and use Our Mobile app and/or Site in any web browser (including, but not limited to, in-app web browsers);

5.3.2 download Our Mobile app and/or Site (or any part of it) for caching;

5.3.3 print pages from Our Mobile app and/or Site;

5.3.4 download extracts from pages on Our Mobile app and/or Site; and

5.3.5 save pages from Our Mobile app and/or Site for later and/or offline viewing.

5.4 The owner and author of any Content (including User Content) must always be acknowledged when re-using that Content.

5.5 You may not use any Content (including User Content) printed, saved, or downloaded from Our Mobile app and/or Site for commercial purposes without first obtaining a licence from Us (or Our licensors, or the relevant User, as appropriate) to do so. This does not prohibit the normal access, viewing, and use of Our Mobile app and/or Site for general purposes whether by business users or consumers.

6. User Content

6.1 User Content on Our Mobile app and/or Site includes (but is not limited to) blog posts, video, image and audio content.

6.2 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that it will comply with Our Acceptable Usage Policy.

6.3 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.4 You (or the licensors who own the Content in question, as appropriate) retain the ownership of the User Content that you submit to Our Mobile app and/or Site and all the intellectual property rights in that User Content. By submitting User Content to Our Mobile app and/or Site, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content for the purposes of operating and promoting Our Mobile app and/or Site.

6.5 If you wish to remove User Content, you may do so by emailing us at support@piplens.com. We will use reasonable efforts to remove the User Content from Our Mobile app and/or Site. Removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause 6.4. Please note that caching or references to your User Content may not be made unavailable immediately (or may not be made unavailable at all where they are outside of Our reasonable control).

6.6 We may reject, reclassify, or remove any User Content from Our Mobile app and/or Site where it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party about it and determine that it should be removed in response to that complaint. If any of your User Content is removed, you will be informed of the removal and the reasons for the removal in writing.

7. Links to Our Mobile app and/or Site

7.1 You may link to Our Mobile app and/or Site provided that:

7.1.1 you do so in a fair and legal way;

7.1.2 you do not do so in a way that suggests any form of association, endorsement, or approval on Our part where none exists;

7.1.3 you do not use any logos or trade marks displayed on Our Mobile app and/or Site without Our express written permission; and

7.1.4 you do not do so in a way that is intended to damage Our reputation or to take unfair advantage of it.

7.2 You may link to any page on Our Mobile app and/or Site.

7.3 Framing or embedding of Our Mobile app and/or Site on other websites requires Our express written permission. Please contact Us at support@piplens.com for further information.

7.4 You may not link to Our Mobile app and/or Site from any other site where that site’s main content (i.e. the site’s primary purpose and content, not comments or similar from other users) contains material that:

7.4.1 is sexually explicit;

7.4.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;

7.4.3 promotes violence;

7.4.4 promotes or assists in any form of unlawful activity;

7.4.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

7.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

7.4.7 is calculated or is otherwise likely to deceive another person;

7.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

7.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

7.4.10 implies any form of affiliation with Us where none exists;

7.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or

7.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

8. Links to Other Sites

Links to other sites may be included on Our Mobile app and/or Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Mobile app and/or Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9. Third Party Advertising

9.1 We may feature Third Party Advertising on Our Mobile app and/or Site.

9.2 You agree that you will not attempt to remove or hide any Third Party Advertising using HTML/CSS or by any other method.

9.3 We are not responsible for any Third Party Advertising on Our Mobile app and/or Site. Each Third Party Advertiser is responsible for the content of their own Third Party Advertising. We will not be responsible for any Third Party Advertising on Our Mobile app and/or Site including, but not limited to, any errors, inaccuracies, or omissions.

10. Disclaimers and Legal Rights

10.1 Nothing on Our Mobile app and/or Site constitutes advice on which you should rely. Information and other materials on Our Mobile app and/or Site are provided for general information purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Mobile app and/or Site.

10.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Mobile app and/or Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Mobile app and/or Site damages your device or other digital content belonging to you (if you are a consumer) you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

10.3 We make reasonable efforts to ensure that Our Content on Our Mobile app and/or Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

10.4 We are not responsible for the content or accuracy of any User Content, nor for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

11. Our Liability

11.1 Please note that the provisions of this Clause 11 are subject to Our Terms for User https://piplens.com/static/terms-for-user.

11.2 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Mobile app and/or Site, or the content of, use of, or reliance upon any Content (including User Content) included on Our Mobile app and/or Site.

11.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Mobile app and/or Site or to any Content (including User Content) included on Our Mobile app and/or Site.

11.4 If you are a business (i.e. a User using Our Mobile app and/or Site in the course of business and/or for commercial reasons), We accept no liability for loss of profits, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

11.5 We use all reasonable skill and care to ensure that Our Mobile app and/or Site is free from viruses and other malware. Subject to sub-Clause 10.2, however, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of Our Mobile app and/or Site or any other site referred to on Our Mobile app and/or Site.

11.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Mobile app and/or Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

11.7 Nothing in these Terms of Use seeks to exclude or restrict Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability that cannot be excluded or restricted by law. For full details of consumers’ legal rights, please contact your local Citizens Advice Bureau or Trading Standards Office.

12. Experts Liability

12.1 By registering as an Expert on the PipLens app and/or Our website, you acknowledge and agree that you are presenting yourself as having sufficient knowledge and expertise in the field(s) you choose to consult on through live video chat, whether in 1-on-1 or group sessions. You affirm that the information, advice, and guidance you provide to other users is accurate, valid, and not misleading.

12.2 As an Expert, you are fully responsible and liable for the content you share on our platform. Providing false or misleading information is strictly prohibited and constitutes a breach of our guidelines. Such actions may result in consequences, including the suspension or termination of your account, and potential legal action.

12.3 By using the PipLens app and/or Our website, you agree to adhere to these standards and understand the importance of maintaining the integrity and trustworthiness of our community.

13. Viruses, Malware, and Security

13.1 We exercise all reasonable skill and care to ensure that Our Mobile app and/or Site is secure and free from viruses and other malware. We do not, however, guarantee that Our Mobile app and/or Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 11.5, subject to sub-Clause 10.2.

13.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

13.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Mobile app and/or Site.

13.4 You must not attempt to gain unauthorised access to any part of Our Mobile app and/or Site, the server on which Our Mobile app and/or Site is stored, or any other server, computer, or database connected to Our Mobile app and/or Site.

13.5 You must not attack Our Mobile app and/or Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

13.6 By breaching the provisions of sub-Clauses 13.3 to 13.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Mobile app and/or Site will cease immediately in the event of such a breach.

14. Acceptable Usage Policy

14.1 You may only use Our Mobile app and/or Site in a manner that is lawful and that complies with the provisions of this Clause 14. Specifically:

14.1.1 you must ensure that you comply fully with any and all local, national, or international laws, and/or regulations;

14.1.2 you must not use Our Mobile app and/or Site in any way, or for any purpose, that is unlawful or fraudulent;

14.1.3 you must not use Our Mobile app and/or Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

14.1.4 you must not use Our Mobile app and/or Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

14.2 When using Our Mobile app and/or Site, you must not communicate or otherwise do anything that:

14.2.1 is sexually explicit;

14.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;

14.2.3 promotes violence;

14.2.4 promotes or assists in any form of unlawful activity;

14.2.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

14.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

14.2.7 is calculated or is otherwise likely to deceive;

14.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

14.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 14.2);

14.2.10 implies any form of affiliation with Us where none exists;

14.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or

14.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

14.3 We reserve the right to suspend or terminate your access to Our Mobile app and/or Site if you materially breach the provisions of this Clause 14 or any of the other provisions of these Terms of Use. Further actions We may take include, but are not limited to:

14.3.1 removing your User Content from Our Mobile app and/or Site;

14.3.2 issuing you with a written warning;

14.3.3 legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;

14.3.4 further legal action against you as appropriate;

14.3.5 disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

14.3.6 any other actions which We deem reasonably necessary, appropriate, and lawful.

14.4 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms of Use.

15. Privacy and Cookies

Use of Our Mobile app and/or Site is also governed by Our Privacy Policy, available from https://piplens.com/static/privacy-policy.

16. How We Use Your Personal Information (Data Protection)

16.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

16.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy https://piplens.com/static/privacy-policy.

17. Communications from Us

17.1 If We have your contact details, We may send you important notices by email. Such notices will only relate to important matters including, but not limited to, service changes; changes to these Terms of Use; Privacy Policy, or Cookie Policy; and changes to your Account.

17.2 We will never send you marketing emails of any kind without your express permission. If you do give Us permission, you may opt-out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us, it may take up to 1 week for Us to comply with your request. During that time, you may continue to receive emails from Us.

18. Contacting Us

To contact Us, please email Us directly at support@piplens.com or using any of the options provided on Our contact page https://piplens.com/static/contact-us.

19. Changes to these Terms of Use

19.1 We may alter these Terms of Use at any time. If We do so, details of the changes will be highlighted at the top of this page and We will email you with details of the changes. Any such changes will become binding on you upon your first use of Our Mobile app and/or Site after the changes have been made. You are therefore advised to check this page from time to time.

19.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the current version shall prevail unless it is specifically stated otherwise.

20. Law and Jurisdiction

20.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

20.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 20.1 above takes away or reduces your rights as a consumer to rely on those provisions.

20.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England.

20.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.