Terms & Conditions
1.2 Why you should read them. Please read the Terms carefully before you submit your order to us. You will need to agree to these Terms each time you place an order for any Bluebell products from us. Please note that these terms may be amended from time to time and ensure you check the Terms each time you place an order. If you think that there is a mistake in the Terms, please contact us at email@example.com to discuss.
2.1 Who we are. We are the creators of the Bluebell products and operate under the company name Connido Limited, a company registered in England and Wales. Our company registration number is 10011792 and our registered office is Accelerator, 35 Kingsland Road, London, England, E2 8AA, VAT registered 237 1387 05.
2.2 How to contact us. You can contact us by emailing us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you, we will do so by writing to you at the email address by telephone or postal address you provided to us in your order.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these Terms, unless otherwise specified this includes emails.
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. This might be because the Bluebell products is out of stock or because we have identified an error in the price or description of the Bluebell products or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. The Bluebell products are currently only available in the UK. Unfortunately, we do not currently deliver to addresses outside the UK – though we should be launching in other countries soon.
4.1 The Bluebell products may vary slightly from their pictures. The images of the Bluebell products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Bluebell products. Your Bluebell products may vary slightly from those images.
4.2 The Bluebell products packaging may vary. The Bluebell packaging may vary from that shown in images on our website.
4.3 Subject to availability. All Bluebell products are subject to availability. We will inform you by e-mail as soon as possible if the Bluebell products you have ordered are not available and if you have been charged will refund any charges you have paid within 14 days. If you have placed a pre-order with us we will give you an estimate of when your Bluebell products will arrive. We will contact you when your order is about to be dispatched. If you change your mind before you receive your Bluebell products, please see clause 8.1(c) to how to cancel.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in London, before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Bluebell Smart Monitor’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
If you wish to make a change to the Bluebell products you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (Your rights to end the contract).
6.1 Minor changes to the Bluebell products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to change the methods of payment we accept for the Bluebell products; and
(c) to implement minor technical adjustments and improvements, for example to address a security threat. These changes should not affect your use of the product.
6.2 More significant changes to the Bluebell products and these Terms. If we may make any significant changes to these Terms we will notify you in writing. If you do not want to accept these changes then you may have the right to end the contract. Please note you may not be due any refund for the Bluebell products in this circumstance.
7.1 Delivery costs. The delivery of the Bluebell products in the UK is free except for Northern Ireland, some areas in Scottish Highlands (AB36-38, AB55-56, FK17-21, IV1-39, IV52-54, IV63, KW1-14, PA21-40, PH19-26, PH30-41, PH49-50) and Scottish Islands (HS-19, IV40-51, IV55-56, KA27-28, KW15-17, PA20, PA41-49, PA60-78, PH42-44, ZE1-3) where a delivery charge may apply. If a charge will apply, then you will be advised about any costs at the check-out. Any additional delivery costs will not exceed £5.
7.2 When we will provide the Bluebell products. During the order process we will keep you updated as to when the Bluebell products will be dispatched to you. We will deliver them to you as soon as reasonably possible and this will usually be within 5-10 working days. In Northern Island, some areas in Scottish Highlands (AB36-38, AB55-56, FK17-21, IV1-39, IV52-54, IV63, KW1-14, PA21-40, PH19-26, PH30-41, PH49-50) and Scottish Islands (HS-19, IV40-51, IV55-56, KA27-28, KW15-17, PA20, PA41-49, PA60-78, PH42-44, ZE1-3), the delivery could take longer. When you order your product, you will be advised about the estimate time of delivery. If you haven’t received your Bluebell products within 30 days of placing your order, please contact us. If you have placed a pre-order, we will keep you updated on the progress of your order.
7.3 We are not responsible for delays outside our control. If our supply of the Bluebell products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any Bluebell products you have paid for but not received.
7.5 If you are not at home when the Bluebell products is delivered. If no one is available at your address to take delivery and the Bluebell products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Bluebell products from a delivery depot.
7.6 If you do not re-arrange delivery. If you do not collect the Bluebell products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
7.7 When you become responsible for the goods. The Bluebell products will be your responsibility from the time we deliver the Bluebell products to the address you gave us.
7.8 When you own goods. You own the Bluebell products from the point that we have received payment in full.
7.9 Reasons we may suspend the supply of Bluebell products to you. We may have to suspend the supply of a Bluebell products for a period of no more than 72 hours to:
(a) deal with technical problems or make minor technical changes;
(b) update the Bluebell products to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Bluebell products notified by us to you (see 6. Our Right to Make Changes).
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract. Please note that the right to end the contract and obtain any refund applies only to the original purchaser of the product:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Bluebell products repaired or replaced or a service re-performed or to get some or all of your money back), see - Bluebell Warranty and if there is a problem with the Bluebell products;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2 below; or
(c) If you have just changed your mind about the product, see Clause 8.3 below. You will be able to get a refund if you have placed a pre-order with us or if you have already received your Bluebell products you may be able to get a refund if you are within the 45 days of receipt of your Bluebell products.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any Bluebell products which have not been provided. The reasons are:
(a) we have told you about an error in the price or description of the Bluebell products you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the Bluebell products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the Bluebell products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 72 hours in any one month period; or
(d) you have a legal right to end the contract because of something we have done.
8.3 Our goodwill guarantee. Bluebell offers a goodwill guarantee of 45 days from receipt of your Bluebell products; to its UK customers, which is more generous than your legal rights under UK consumer rights law. Please note if you have placed a pre-order with us the 45 day goodwill guarantee will apply from the point which you receive your Bluebell products. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed Bluebell products (see - Bluebell Warranty and if there is a problem with the Bluebell products):
Right under the Consumer Contracts Regulations 2013
- 14 day period to change your mind.
- Consumer to pay costs of return.
How our goodwill guarantee is more generous
- 45 day period to change your mind from the point which you receive your Bluebell products.
- We will pay the costs of return except for Northern Ireland, certain areas in Scottish Highlands (AB36-38, AB55-56, FK17-21, IV1-39, IV52-54, IV63, KW1-14, PA21-40, PH19-26, PH30-41, PH49-50) and Scottish Islands (HS-19, IV40-51, IV55-56, KA27-28, KW15-17, PA20, PA41-49, PA60-78, PH42-44, ZE1-3) If a charge will apply, then you will be advised about the costs when you arrange the return. Any additional delivery costs will not exceed £5.
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at firstname.lastname@example.org or writing to us. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning Bluebell products after ending the contract. If you end the contract for any reason after the Bluebell products have been dispatched to you or you have received them, then if you are entitled to a refund you must return them to us. You must email us at email@example.com for confirming returns and further instructions including a return address.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the Bluebell products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the Bluebell products or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) if you are exercising your right under the goodwill guarantee at 8.3;
In all other circumstances you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the Bluebell products from you, we will charge you the direct cost to us of collection. We charge up to £5 for collection of the Bluebell products.
9.5 How we will refund you. We will refund you the price you paid for the Bluebell products including delivery costs (if applicable), by the method you used for payment.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. Your refund will be made within 28 days from the day on which we receive the Bluebell products back from you or. For information about how to return a Bluebell products to us, see clause 9.2.
10.1 We may end the contract if you break it. We may end the contract for a Bluebell products at any time by writing to you if you do not, within a reasonable time, allow us to deliver the Bluebell products to you or collect them from us.
10.2 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least one month in advance of our stopping the supply of the Bluebell products and will refund any sums you have paid in advance for Bluebell products which will not be provided.
11.1 Bluebell Warranty. We offer a one year standard warranty (the Bluebell Warranty) on all Bluebell products. Please note this does not affect any legal rights you have. The Bluebell products have been designed to comply with all legal and safety requirements in the UK. We make no representation or warranty that the Bluebell products are compliant with any health, safety or legal requirements outside of the UK. The Bluebell Warranty is provided for a period of 12 months from delivery of the Bluebell products. Please note that the Bluebell Warranty does not apply to any defect in the Bluebell products arising from the circumstances set out in Clause 11.2.
11.2 When the Bluebell Warranty does not apply. The Bluebell Warranty does not apply to any defect or issue in the Bluebell products due to:
(a) fair wear and tear;
(b) accidental, wilful or negligent damage caused by you or by any third party;
(c) if you fail to use the Bluebell products in accordance with the instructions set out in the Bluebell User Manual supplied to you when you receive the Bluebell products; or
(d) any modification, tampering, adaptation, alteration or repair carried out by you or a third party.
11.3 How to tell us about problems. If you have any questions or complaints about the product, please contact us at firstname.lastname@example.org.
11.4 Your legal rights. We are under a legal duty to supply Bluebell products that are in conformity with this contract. Nothing in these Terms will affect your legal rights.
11.5 Your obligation to return rejected Bluebell products. If you wish to exercise your legal rights to reject Bluebell products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email customer service at email@example.com for a return label or to arrange collection.
12.1 Where to find the price for the product. The price of the Bluebell products (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Bluebell products advised to you is correct. However please see 12.3 below for what happens if we discover an error in the price of the Bluebell products you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the Bluebell products in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Bluebell products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment with credit and debit cards; Paypal pay and Amazon pay. You must pay for the Bluebell products in advance before we dispatch them.
13.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Bluebell products including the right to receive Bluebell products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective Bluebell products under the Consumer Protection Act 1987.
13.2 We are not liable for business losses. We only supply the Bluebell products for domestic and private use. If you use the Bluebell products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract OR We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it.
15.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms including the guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
15.3 If a court finds part of this contract illegal, 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, the remaining paragraphs will remain in full force and effect.
15.4 Even if we delay in enforcing this contract, we can still enforce it 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 this contract, 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. For example, if you miss a payment and we do not chase you but we continue to provide the Bluebell products, we can still require you to make the payment at a later date.
15.5 Which laws and jurisdiction applies to these Terms. These Terms are governed by English law and under the jurisdiction of the English courts.
PLEASE READ THESE LICENCE AGREEMENT CAREFULLY
BY DOWNLOADING THE BLUEBELL APP, YOU AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE DO NOT DOWNLOAD THE BLUEBELL APP.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We are Connido Limited, creators of the Bluebell App and Bluebell products whose registered office is Accelerator, 35 Kingsland Road, London, England, E2 8AA and we license you to us BLUEBELL APP VERSION 1.0 mobile application software (Bluebell App) and any updates or supplements to it and the services provided by the Bluebell products as permitted by this agreement (the Agreement).
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Bluebell App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
This Bluebell App requires an Apple device with an operating system of iOS 10.1 or later or an Android device with 7.0 or later device with a minimum of 250 MB of storage space.
Support. If you want to learn more about the Bluebell App or the Service or have any problems using them, please take a look at our support resources at www.bluebell.io.
Contacting us (including with complaints). If you think the Bluebell App or the Bluebell products are faulty or not as described or wish to contact us for any other reason, please email our customer service team at firstname.lastname@example.org.
In return for your agreeing to comply with this Agreement you may:
- download or stream a copy of the Bluebell App and view, use and display the Bluebell App on such devices for your personal purposes only.
- receive and use any free supplementary software code or update of the Bluebell App incorporating “patches” and corrections of errors as we may provide to you.
YOU MUST BE 18 TO ACCEPT THIS AGREEMENT AND DOWNLOAD THE BLUEBELL APP
You must be 18 or over to accept this Agreement and download the Bluebell App.
YOU MAY NOT TRANSFER THE BLUEBELL APP TO SOMEONE ELSE
We are giving you personally the right to use the Bluebell App as set out above in “HOW YOU MAY USE THE APP”. You may not otherwise transfer the Bluebell App to someone else, whether for money, for anything else or for free. If you sell any device on which the Bluebell App is installed, you must remove the Bluebell App from it.
We may need to change this Agreement to reflect changes in law or best practice or to deal with additional features which we introduce, to improve your experience or improve the Bluebell App or the Bluebell products.
We will give you at least 30 days’ notice of any material changes by sending you an email or notification to the app with details of the change or notifying you of the change when you next start the Bluebell App.
If you do not accept the notified changes you may not be permitted to continue to use the Bluebell App.
UPDATE TO THE BLUEBELL APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the Bluebell App to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Bluebell App.
The Bluebell App will always work with the current or future version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
If you download or stream the Bluebell App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with this Agreement, whether or not you own the phone or other device.
By using the Bluebell App, you agree to us collecting and using technical information about the devices you use the Bluebell App on and related software, hardware and peripherals to improve our Bluebell products and to provide any services to you.
The Bluebell App may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the Bluebell App on the device. If you use these services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
The Bluebell App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the Bluebell App in any form, in whole or in part to any person without prior written consent from us;
- not copy the Bluebell App, except as part of the normal use of the Bluebell App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the Bluebell App nor permit the Bluebell App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Bluebell App on devices as permitted in this Agreement;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Bluebell App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Bluebell App to obtain the information necessary to create an independent program that can be operated with the Bluebell App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the Bluebell App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Bluebell App.
- not use the Bluebell App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Bluebell App or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Bluebell App (to the extent that such use is not licensed by this Agreement);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Bluebell App;
- not use the Bluebell App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any service associated with the Bluebell App or our systems or attempt to decipher any transmissions to or from the servers running such services.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for any reasonable losses or damage you suffer that is a foreseeable result of our breaking this Agreement 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 you accepted this Agreement, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you reasonable compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The Bluebell App is for domestic and private use. If you use the Bluebell App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the Bluebell App. The Bluebell App are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Bluebell App. Although we make reasonable efforts to update the information provided by the Bluebell App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the Bluebell App. We recommend that you back up any content and data used in connection with the Bluebell App, to protect yourself in case of problems with the Bluebell App.
Check that the Bluebell App is suitable for you. The Bluebell App have not been developed to meet your individual requirements. Please check that the facilities and functions of the Bluebell App (as described on the respective App store site) meet your requirements.
We are not responsible for events outside our control. If our provision of support for the Bluebell App is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your Agreement with us.
We may end your rights to use the Bluebell App at any time by contacting you if you have broken this Agreement in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
If we end your rights to use the Bluebell App:
- You must stop all activities authorised by this Agreement, including your use of the Bluebell App and any services associated with it.
- You must delete or remove the Bluebell App from all devices in your possession and immediately destroy all copies of the Bluebell App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the Bluebell App from them and cease providing you with access to the services associated with it.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under this Agreement to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
IF A COURT FINDS PART OF THIS AGREEMENT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS AGREEMENT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking this Agreement, 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.
WHICH LAWS APPLY TO THIS AGREEMENT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
This Agreement is governed by English law and you can bring legal proceedings in respect of the Bluebell App and any services associated with it in the English courts.
This website acceptable use policy sets out the content standards that apply when you participate in the Bluebell Family Forum, link to the Bluebell website (the Website), or interact with the Website in any other way,
Who we are and how to contact us
Https://bluebell.io/ is a site operated by Connido Limited (”We” or “Our”). We are registered in England and Wales. Our company registration number is 10011792 and our registered office is Accelerator, 35 Kingsland Road, London, England, E2 8AA.
To contact us, please email email@example.com
By using our site you accept these terms
By using the Website, you confirm that you accept the terms of this policy and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
We may make changes to the terms of this policy
We amend these terms from time to time. Every time you wish to use the Website, please check these terms to ensure you understand the terms that apply at that time.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below).
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
- Chat rooms.
- Bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, at our sole discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be in contempt of court.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Give the impression that the Contribution emanates from Bluebell or Connido Limited, if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other sites.
When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.