JIFFLR APP

                                   TERMS OF USE

 

THESE TERMS OF USE (“TERMS”) SET OUT THE TERMS AND CONDITIONS ON WHICH JIFFLR LIMITED (COMPANY REGISTRATION NUMBER: 11058826) HAVING IT’S REGISTERED OFFICE ADDRESS AT UNIT 6, BLACKTHORN WAY, FIVE MILE BUSINESS PARK, WASHINGBOROUGH, LINCOLN, LN4 1BF (“WE”, “US” OR “OUR”) PROVIDES YOU (“YOU” OR “YOUR” OR “USER”) WITH ACCESS TO AND USE OF THE “JIFFLR” MOBILE APPLICATION (“APP”) (AS DEFINED BELOW).

TO USE THE APP, YOU WILL NEED A DEVICE (AS DEFINED BELOW) CAPABLE OF ACCESSING THE APP.

YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON “I ACCEPT” WHEN ASKED TO DO SO, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND THAT YOU WILL USE THE APP IN ACCORDANCE WITH THEM. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO AND SHOULD NOT ATTEMPT TO USE THE APP.

IF YOU ARE USING THE APP ON BEHALF OF YOUR EMPLOYER OR ACTING AS AN EMPLOYEE, YOU WARRANT THAT YOU ARE AUTHORISED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER. THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS APPLY TO YOUR EMPLOYER. YOU AGREE THAT THESE TERMS ARE ENFORCEABLE AS IF THEY WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOUR EMPLOYER.

YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.

WE MAY MODIFY OR UPDATE THESE TERMS AT ANY TIME. ANY SUCH MODIFICATION OR UPDATE WILL BE DISPLAYED AND ACCESSIBLE THROUGH THE APP AND ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS, INCLUDING ANY UPDATES OR MODIFICATIONS WHICH MAY BE MADE BY US FROM TIME TO TIME. BY CONTINUING TO USE THE APP YOU ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THE TERMS AS ARE IN FORCE AT THAT TIME.

 

1. Definitions

 

The following definitions and terms will have the following meanings in these Terms:

 

“Account”                      means Your account on the App, through which You can access Your Profile, view Your Budget, Your Balance and manage Your preferences;

 

“App”                             means the object code form of the mobile application(s) We make available to download and install onto Your Device from the App-Store, and which includes any updates, enhancements, modifications or variations thereto;

 

“App-Store”                    means the third party app-stores We may offer the App for download through;

 

“Balance”                      means: (i) as a Campaign Moderator or Campaign Reviewer, Your Cash balance credited to Your Account but not yet withdrawn; (ii) as a Campaign Builder, Your Campaign Budget balance;

 

“Budget”                       means Your funds for a Campaign and from which the cost of each Market Research Review is taken;

 

“Campaign’                   means Your Market Research Content, including accompanying questions, that are scheduled to be displayed between certain dates and times to a specific Reviewer demographic;

 

“Campaign Builder”      means You or another user registered to create Campaigns for the purpose of collecting Market Research feedback;

 

“Campaign Moderator” means You or another user registered to view and moderate Campaigns to appear for Review through the App;

 

“Campaign Reviewer”   means You or another user registered to review and complete market research campaigns;

 

“Cash”                           means Your earnings through the App as a Campaign Reviewer and/or as a Campaign Moderator;

 

“Comment”                    means any feedback or other information You may make through the App;

 

“Content”                      means any and all data, files, documents, multimedia files, third party links, images, videos, and any other information or material whatsoever (in any format) submitted by You for inclusion into a Campaign;

 

“Contract”                     means the contract between You and Us in respect of Your use of the App, which incorporates these Terms;

 

“Criteria”                       means the criteria We have developed for moderating a Campaign as may appear on our App from time to time;

 

“Device”                         means any device that You access the App on, including any smartphone or tablet;

 

“Market Research”        means an e-mail report in relation to a Campaign that may be requested by a Campaign Builder and which may include an overview of the applicable Market Research Campaign and all Reviews submitted in relation to the Market Research Campaign;

 

“Messaging System”      means the inter App messaging system which allows You to communicate with other users;

 

“Maximum Number”      means the maximum number of Campaigns You may Review each day to earn Cash;

 

“Minimum Reviews”      means, where You are a Campaign Reviewer, the minimum number of Campaigns You must Review and complete each day in order to earn Cash, as referred to in the App from time to time;

 

“Moderated Campaign” means a Campaign that has been moderated and will appear for Review through the App in accordance with clause 5.4 of these Terms;

 

“Purpose”                     means to copy, display, modify, distribute, sub-licence, host, retain for archiving purposes and publish for Our own business purposes;

 

“Profile”                        means information, including without limitation, Your name, e-mail address, preferences and other information about You held by Us and published on the App and which forms part of Your Account;

 

“Questions”                   means questions submitted by a Campaign Builder that form part of the Market Research Content;

 

“Rate”                           means the amount of Cash You can earn for each Campaign You moderate or each Market Research Campaign you complete in the App, which will vary according to a number of factors, including Your location, exchange rates and the Campaign itself;

 

“Review”                        means Your answers to the Market Research Questions;

 

“Template”                    means a Campaign template which can be modified or added to as permitted by the App.

 

2. About JIFFLR Limited and the App

 

• The App is owned and managed by JIFFLR Ltd. All information supplied through the App is managed by Us.

 

• As a user of the App and subject to Your registration in accordance with clause 3 below, You may use the App as a Campaign Builder, a Campaign Moderator and/or a Campaign Reviewer. As a Campaign Builder, You can create and submit Campaigns to gather Market Research Data of Your Content. As a Campaign Moderator and/or Campaign Reviewer, You can earn Cash by completing specific tasks through the App. Further information on Your rights and responsibilities as a Campaign Builder, Campaign Moderator and/or Campaign Reviewer can be found in these Terms.

 

• JIFFLR Limited can be contacted by using the Contact Us form on the Jifflr website.

 

• By downloading and using the App, You warrant that:

 

• You are legally capable of entering into binding contracts;

 

• You are not in any way prohibited by any applicable law, in the jurisdiction in which You access and use the App, to enter into these Terms; and

 

• You are at least 18 years old.

 

3. Registration and use of the App

 

• In order to access and use the App, You must download the App from the relevant App-Store and install it onto Your chosen Device in accordance with the on screen instructions.

 

• Once You have downloaded and installed the App on Your Device, You may sign in and register an Account with Us with Your email account.

 

• When registering with Us, We will ask You for a few personal details such as Your name, email address, home location, date of birth and gender.

 

• Where You have completed and submitted registration details via Your email account, We may send You a welcome email (“Welcome E-mail”) to the e-mail address provided by You. The Welcome E-mail will contain details on how You may start to use the App.

 

• You hereby warrant that the information that You submit to Us through the registration process and thereafter is truthful, accurate and error-free. You further warrant that You will update this information in the App in the event that Your details change.

 

• You agree that at all times, You shall:

 

• not allow any other person to use Your Account;

 

• not use the information presented on the App for any purposes other than those expressly set out in these Terms;

 

• not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the App;

 

• promptly change Your password if there is any actual or suspected breach of security or any unauthorised use or attempted use of Your Account;

 

• not use the App with an incompatible or unauthorised Device;

 

• co-operate with any reasonable security or other checks or requests for information We make from time to time; and

 

• use the information made available to You via the App at Your own risk.

 

• We reserve the right to accept or reject any Account applications and to refuse Your access to the App at any time at Our sole discretion.

 

4. Using the App

 

• Subject to these Terms, We hereby grant to You a non-exclusive, non-transferable, terminable licence to download, install and use the App on Your Device. This licence is in respect of Your use of the App only.
• Except as expressly permitted in these Terms, You shall not, and shall not permit others to (i) modify, translate, create derivative copies of or copy the App, in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the App to source code form; (iii) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the App or Your right to use the App; (iv) remove or modify any copyright, trademark, or other proprietary notices belonging to Us or Our licensors contained within the App; or (v) use the App in any manner not expressly authorised by these Terms.
• You shall not, and shall not permit others to:
  • modify or interfere with the communication between the App and the JIFFLR servers; or
  • modify or interfere with the JIFFLR servers.
• You shall, at all times:

 

• comply with all applicable laws, regulations, directives and legislations in Your use of the App;

 

• comply with any guidelines provided or reasonable instructions issued by Us from time to time in respect of Your use of the App;

 

• ensure Your Device:

 

• complies with any minimum specifications required for Your Device to install and use all features of the App, as specified in the relevant App-Store; and

 

• contains adequate anti-virus protection.

 

• You shall not use the App and/or any information or data taken from or derived from use of the App:

 

• to commit any criminal act, promote any illegal activities or provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;

 

• to post anything which could be considered defamatory or blasphemous, or which is likely to cause any person any form of harm or distress;

 

• to infringe any intellectual property rights or other rights of any third parties;

 

• in a way that may reasonably be deemed to be offensive, illegal, inappropriate or in any way promote racism, bigotry, hatred or physical harm of any kind against any group or individual or to harass or advocate harassment of another person;

 

• to display pornographic or sexually explicit material; and

 

• to engage in or promote gambling activities and/or unregulated financial products/services, including but not limited to contests, sweepstakes, barter and pyramid schemes, without Our prior written consent,

 

and We reserve the right to remove from the App any Comments, together with any Cash that You may have been awarded, brought to our attention for being in breach of this clause 4.5.

 

• You are responsible for ensuring that any Content is not deemed to be offensive, illegal, inappropriate or that in any way:
  • promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • displays pornographic or sexually explicit material;
  • promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
  • promotes any illegal activities;
  • provides instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
  • promotes or contain information that You know or believe to be inaccurate, false or misleading;
  • engages in the promotion of contests, sweepstakes and pyramid schemes, without our prior written consent;
  • contains any virus or other thing or device which may prevent, impair or otherwise adversely affect the operation of the Platform; or
  • infringes any Intellectual Property Rights or any other proprietary rights of any third party.

 

• We do not provide Campaign moderation or such other Campaign checking or proofing services. Consequently, We do not verify or moderate Campaigns, their Content or any Reviews, NOR DO WE WARRANT, REPRESENT OR GUARANTEE THAT CAMPAIGNS WILL BE MODERATED. WHERE Campaign Moderators DO moderatE Campaigns, THEY do so as independent third parties and are not employed by or in any WAY affiliated with Us. We do not warrant, represent or guarantee that Campaigns will BE FREE of the prohibited Content referred TO at clause 4.6 above. You shall notify Us immediately if You become aware of any breach of these Terms and/or inappropriate behaviour in connection with the App.

 

• Where You do not own the Content, You are solely responsible for checking the relevant licence rights and restrictions applicable to any Content. We shall not be liable to You for any losses, damages, costs or expenses incurred by You arising out of or in connection with Your use of any Content through the App. You acknowledge and agree that We have the right to remove Content We consider to be in breach of this clause 4.
• You shall promptly reimburse Us on demand for all losses, costs and expenses (including reasonable legal expenses) We incur or suffer in connection with any claim made against Us by a third party arising out of or in connection with Our use or possession of any Content in accordance with these Terms.
• In the event that We, in Our sole discretion, consider that You are making any illegal and/or unauthorised use of the App, and/or Your use of the App is in breach of these Terms, We reserve the right to take any action that We deem necessary, including terminating without notice Your use of the App and, in the case of illegal use, instigating legal proceedings.
• If You have a complaint to make about another User, You may contact Us using the contact details available in these Terms. Please provide full details of the nature of Your complaint and the materials to which the complaint relates. We will use Our reasonable endeavours to investigate and respond to Your complaint within a reasonable time, including contacting the other User against whom You have lodged the complaint and notifying You of any response, assuming You have provided Us with sufficient information identified in this clause. We shall use reasonable endeavours to propose solutions and resolve Your complaint. Any resolution proposed by Us is made at Our discretion, but We cannot guarantee that Our proposal will resolve Your dispute.

5. Campaign Moderators

 

• If You have registered with Us as a Campaign Moderator, You will be able to watch Campaigns submitted by Campaign Builders to assess their compliance with the Criteria.

 

• You undertake to review each Campaign in accordance with the Criteria. We reserve the right to update the Criteria from time to time. In the event a Campaign does not meet the Criteria, You must reject the Campaign, which will indicate that You have deemed the Campaign unsuitable for Review through the App.

 

• You warrant that You will at all times conduct Your duties as a Campaign Moderator in an honest and truthful manner.

 

• You acknowledge that each Campaign You review as a Campaign Moderator shall be reviewed by a second Campaign Moderator. A Campaign shall not be deemed a Moderated Campaign unless it has been reviewed and deemed a Moderated Campaign by You and at least one other Campaign Moderator.

 

• In the event a Campaign You have determined to be a Moderated Campaign has been found non-compliant by the second Campaign Moderator (each such event deemed a “Conflict”), the applicable Campaign shall be submitted to a third Campaign Moderator (a “Deciding Moderator”). The Deciding Moderator shall have the deciding vote on whether the Campaign is compliant or not (i.e. whether the Campaign becomes a Moderated Campaign).

 

• If You are subject to more than 3 Conflicts in a calendar month which all result in the Deciding Moderator disagreeing with Your determination regarding the applicable Campaign, We reserve the right to suspend or terminate Your status as a Campaign Moderator without notice to You and withhold any Cash that may be due to You.

 

6. Campaign Reviewers

 

• If You have registered with Us as a Campaign Reviewer, You will be able to provide Market Research Reviews through the App.

 

• GPS tracking technology will be used on the App to determine Your location. In accepting these Terms, You agree to Our use of Your GPS tracking technology, within Your Device, to allow Us to determine Your Device’s geo-location.

 

• You acknowledge that in order to use the App as a Campaign Reviewer, the GPS functionality on Your Device must be switched on. If We are unable to determine Your Device’s geo-location, You will not be able to use the App. You shall not use any technological means or otherwise to hide, manipulate or otherwise falsify Your Device’s geo-location.

 

• To earn a Review on the App, You will need to:

 

• view the Campaign Content in its entirety; and

 

• answer the Market Research Questions in that Content.

 

• You shall ensure Your Reviews are honest, truthful and representative of Your opinion of the Moderated Campaign.

 

7. Campaign Builders

 

• You may use the Campaign Builder function of the App to create Market Research Content using the various Templates made available on the App from time to time, add media to those templates and include up to three Questions. Once completed, You may save the Market Research Content to the App.

 

• Once Your Market Research Content is complete, You can build a Campaign around the Content by:

 

• scheduling when the Market Research Content is shown on the App (e.g. dates, days and times);

 

• the target demographic the Market Research Content should be shown to (e.g. gender, age);

 

• the Budget for the campaign, which will require You to transfer funds to the App using a payment mechanism permitted by the App.

 

together the “Market Research Campaign”.  We shall use Our reasonable endeavours to ensure Your Market Research Content is shown on the App in accordance with Your selected Market Research Campaign specification.

 

• On completion of the steps indicated at clause 7.2, You may activate Your Market Research Campaign through the App. When Your Market Research Campaign is activated:

 

• You will be charged a nominal fee as indicated on the Jifflr Website the first time that Content is used within a Campaign;

 

• the Market Research Campaign will be added to a moderation queue and will be subject to Content Moderation; and

 

• Your Market Research Campaign will go live on the App in accordance with the Campaign Schedule, but not within 24 hours after it was activated in the Campaign Builder.

 

• You acknowledge and agree that in the event Your Content relating to the activated Market Research Campaign is rejected by a Campaign Moderator in accordance with these Terms, Your Market Research Campaign will be rejected and the Content will not be available for Review on the App (or in the event the Market Research Campaign goes live on the App prior to moderation, it will cease to be made available for Review). We do not offer refunds for any costs incurred by You in respect of the rejected Market Research Campaign.

 

• Unless rejected by a Campaign Moderator and provided You have allocated sufficient Budget, Your Market Research Campaign shall be made available to Campaign Reviewers in accordance with Your selected specifications as per clause 7.2.

 

• You will be charged for each Review. The cost per Review is as indicated in the App from time to time and will be deducted from Your Budget for payment to the Campaign Reviewer. You acknowledge that Reviews will not be undertaken if You have insufficient funds in Your Campaign Budget.

 

• On completion of Your Market Research Campaign (e.g. You cancel the Campaign, the allocated Budget has been expended or the Campaign end date has passed) You may request your Market Research results, which We will provide to Your nominated e-mail address included in Your Account as soon as reasonably practicable following receipt of Your request.

 

• You may cancel a Campaign at any time through the App. However, You acknowledge that in some limited circumstances, Campaign Reviewers may submit Reviews of a Moderated Campaign up to 48 hours after a Campaign has been cancelled. In such circumstances, You shall continue to be liable for payment due to the Campaign Reviewer for that Review.

 

• On cancellation of a Campaign, We shall return any remaining Budget relating to that Campaign to Your Campaign Builder balance as soon as reasonably practicable 48 hours after cancellation.

 

• You may request withdrawal of funds from Your Campaign Builder Balance at any time, which We will credit to Your nominated bank card as soon as reasonably practicable following receipt of the request. Once We have credited Your bank card, Your Balance will be adjusted accordingly.

 

8. Messaging System (when available)

 

• You may choose to access and use the Messaging System by turning the Messaging System functionality on within Your Account.

 

• If You choose to use the Messaging System, You are consenting to Us and other users of the App contacting You through the Messaging System.

 

• You may withdraw Your consent to Us or other users contacting You though the Messaging Service at any time by accessing Your Account and turning the functionality off.

 

• We are in no way responsible or liable for Your communication, or any results of Your communications, through the Messaging System.

 

9. Earning Cash (as a Campaign Reviewer or Campaign Moderator)

 

• Subject to these Terms, as a Campaign Moderator, You may earn Cash for Your Moderated Campaigns.

 

• Subject to these Term, as a Campaign Reviewer, You may earn Cash for Reviews submitted through the App.

 

• As a User of the App, You may invite others to register with Us by using the “Invite” feature in Our App. Once an invitee is registered with Us and provided they have entered the Invitation Code, they shall become part of Your team (“Team”). The Invitation Code is used to associate the invitee to You. When the invitee has joined Your Team (“Team Member”), You will earn Cash for each Review that they and their Team conduct, which will be based on a percentage of Your Team Member’s own Cash earnings.

 

• The Rate for each Review or Moderated Campaign will vary from time to time and is subject to change by Us from time to time without notice and at Our absolute discretion.

 

• The amount of Cash You earn is based upon the Moderated Campaigns and Reviews by You and Your Team and it will be credited to Your Account as soon as reasonably practicable. If You are not a registered user at the time Cash is credited to Your Account (for example, because Your Account has been terminated), Your right to any Cash earned during the applicable month shall be forfeited.

 

• Cash is calculated in GBP but is displayed in Your local currency when viewed through Your Account. We will calculate any withdrawal requested by You by applying the relevant exchange rate We use for calculating foreign currency conversion on the date You initiate a withdrawal.

 

• Your Balance will be available for You to view in Your Account.

 

• You can review as many, or as few campaigns as you wish. There is no maximum or minimum. However, earnings commence at a lower threshold requirement. We reserve the right to adjust the Lower campaign Review threshold from time to time without notice and at Our absolute discretion

 

• As a Campaign Reviewer, the amount of Cash available to You to can earn each month is subject to the number of Campaigns you review over that calendar month. We reserve the right to adjust the number of Campaigns needed to trigger payments from time to time without notice and at Our absolute discretion.

 

• The Maximum Number represents the maximum number of Campaigns You, as a Campaign Reviewer, may Review for Cash. Although You may continue to Review Campaigns once You have reached the Maximum Number, such Reviews will not earn any Cash. We reserve the right to adjust the Maximum Number from time to time without notice and at Our absolute discretion.

 

• Cash cannot be:

 

• claimed more than once; or

 

• transferred to any other user’s JIFFLR Account.

 

• Cash withdrawals are subject to a minimum withdrawal amount. The amount shall not be less than £10 (GBP), unless stated otherwise within the App or Website.

 

• We are not responsible or liable in any way whatsoever for any loss of Cash. You are responsible for ensuring You have provided Us with the correct PayPal account details.

 

• To execute the Cash withdrawal, You must enter Your Jifflr password, which provides Your explicit approval to withdraw the cash balance to the PayPal account that has been entered on the cash withdrawal screen.

 

• Once Cash withdrawals have been initiated We cannot stop the automated process, nor can We reverse any completed withdrawal transactions.

 

• Cash may be removed or cancelled from Your Account by Us at any time if We determine that the Cash has been earned in breach of these Terms or awarded in error.

 

• Accounts that are unused may be closed and any Cash Balance that exists at the point of closure will be forfeited and rendered void. We reserve the right to adjust the time period used to determine if an Account is inactive from time to time without notice and at Our absolute discretion.  Prior to an Account being closed We will use our reasonable endeavours to notify You that the Account is to be closed using the current email address provided by You in the App.

 

• We are under no obligation to award Cash for any reason outside of this clause 9.

 

10. Availability of the App

 

• We will use Our reasonable endeavours to make the App available to You at all times, but We cannot guarantee that the App will be uninterrupted or fault free.

 

• The electronic communications network, through which the App is supplied, is not controlled by Us and may from time to time be upgraded, modified, subject to maintenance work or otherwise amended by the owner of that network. Such circumstances may result in the App being temporarily unavailable. We will take reasonable action to minimise the disruption caused by such circumstances, but some such interruptions may not be avoidable.

 

• We use industry standard security measures to protect against the loss, misuse and alteration of the information, data and/or content handled by Us. However, You acknowledge and agree that We cannot guarantee complete security of such information, data and/or content or that Our security measures will prevent hacks, worms, bugs, trojans or such other similar devices that may allow access to or unauthorised viewing of such information, data and/or content.

 

• We reserve the right to make changes to the App or any part thereof from time to time including without limitation, the removal, modification and/or variation of any elements, features and functionalities of the App.

 

11. App-Stores

 

• You acknowledge and agree that:

 

• We are in no way linked, connected or affiliated with any App-Store provider;
• You acknowledge that You will not be able to access and use certain functionalities of the App unless You have internet access. All traffic charges or access charges incurred due to the use of the App are subject to Your agreed terms with Your mobile network provider, and We shall not be liable for data traffic charges incurred by You, either in full or in part;
• Your App-Store shall not bear any responsibility or liability whatsoever in relation to sale, distribution, functionality, accessibility, performance or non-performance of the App;
• Your App-Store provider is a third party beneficiary in respect of this clause and accordingly has the right to enforce the provisions of this clause;
• We are solely responsible for providing any support and maintenance in respect of the App; and
• You will comply with any third party terms and conditions which may be applicable from time to time in relation to Your use of the App.

• Further, where You have obtained the App from the Apple iOS App-Store, You acknowledge and agree that:

 

• You are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a ‘terrorist supporting’ country;
• You are not listed on any US Government list of prohibited or restricted parties;
• these Terms are concluded between You and Us and accordingly Apple is not a party to these Terms;
• Apple has no obligation to provide any maintenance and support services in respect of the App;
• Apple has no responsibility to address any claims by You or any third party whatsoever with respect to the App;
• Apple shall not be responsible for any claims made by any third party that the App infringes any third party intellectual property rights; and
• ‘AppStore’ and ‘Apple’ are trade marks of Apple Inc.

12. Term and Termination
    • Subject to clause 3.7, Your Contract shall commence on the date You register with Us. Your Contract shall remain in full force and effect for the duration of Your registration with Us.
    • You may terminate Your registration as a User at any time by selecting ‘Delete Account’ within the Profile section of the App.

 

• We may terminate Your Contract, deny You access to the App and delete Your Account, including without limitation Your Profile, with immediate effect and without any notice to You if:

 

• We are no longer able to make the App available to You;

 

• We believe that there has been fraudulent use, misuse or abuse of the App;

 

• We believe that You have provided Us with false, inaccurate or misleading information in respect of Your registration and/or use of the App; or

 

• You are in breach of any of these Terms.

 

• For the avoidance of doubt, upon termination of these Terms for any reason, any Cash earned but not yet withdrawn shall be forfeited and shall be deemed immediately null and void.
• In the event of termination of Your Contract for any reason:

 

• We will cease providing the App to You, including denying You access to the App;
• the rights granted to You under these Terms shall cease and You must delete the App from Your Device;
• any Cash credited to Your Account but not yet withdrawn shall be forfeited and You shall lose all rights to withdraw the Cash accrued; and
• You shall not attempt to re-register with Jifflr using different registration details.

• Clause 12.5 and 12.6, together with clauses 13, 14, 16, 17 and 19 inclusive shall survive termination of Your Contract for any reason, and shall be valid and enforceable against You and Us.

13. Intellectual Property

Other than in relation to any links to third party websites or third-party trademarks, We own or have a licence to use all right, title and interest in and to the App, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey any title to or ownership of the App or the content contained therein to You. All rights in and to the App content (aside from Your Comments) not expressly granted to You are reserved by Us and/or Our licensors.

14. Licence
    • Subject to these Terms, You hereby grant to Us a non-exclusive, perpetual, irrevocable, non-terminable, transferable, sub-licensable and royalty-free licence to use Your Content and Reviews for the Purpose.
    • You hereby unconditionally and irrevocably waive all moral rights attaching to the Reviews pursuant to Chapter IV of Part I of the Copyright, Design and Patents Act 1988 and any similar or corresponding rights.
15. Third Party Websites
    • We may link to third party websites, including without limitation those of Campaign Builders, payment companies and affiliates. We do not endorse or recommend such websites and You must satisfy Yourself that any goods or services referred to thereon are suitable for Your requirements. These are not provided as an endorsement by Us of the contents on such third party websites. As We have no control over such external sites and resources, You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse, and are not responsible or liable for any content, advertising, products, services or other materials on or available from such external sites or resources.
    • You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any such content, goods or services available on or through any such external sites or resources. If You decide to access linked third party websites, You do so at Your own risk. Any concerns regarding any external link should be directed to its respective site administrator or web master.
16. Warranties
    • Any content, information or material comprising part of the App does not constitute advice or a recommendation and therefore it should not be solely relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
    • We do not guarantee, warrant or make any representation that the functions contained in the App will meet Your requirements, or that the operation of the App will be uninterrupted or error-free, or that defects in the App will be corrected.
    • We do not guarantee or warrant that You will earn Cash or receive Reviews as a result of the App, or achieve any result whatsoever through Your use of the App.
17. Liability
    • Subject to clauses 17.2, 17.3 and 17.4, if We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking this contract or Our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both You and Us knew it might happen.

 

• Subject to clause 17.5, Our maximum aggregate liability under or in connection with the App and these Terms and whether arising in contract, tort (including negligence), breach of statutory duty or otherwise shall be limited to two hundred and fifty pounds sterling (£250.00).

 

• We are not responsible for any loss or damage that is not foreseeable.

 

• We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity, howsoever this may arise, including by Our breaking this contract or Our failing to use reasonable care and skill and even if We have been advised of the possibility of such losses.

 

• We do not exclude or limit in any way Our liability for:

 

• death or personal injury caused by Our negligence;

 

• fraud or fraudulent misrepresentation; and

 

• any other liability which cannot be limited or excluded under law.

 

18. Data Protection and Privacy Policy

We will only use Your data and any personal information in accordance with our Privacy Policy. The terms of the Privacy Policy form part of these Terms and You agree to be bound by them.

19. General
    • We may transfer Our rights and obligations under these Terms to another organisation. We will contact You to let You know if We plan to do this.
    • You need Our consent to transfer Your rights to someone else. You may only transfer Your rights or Your obligations under these Terms to another person if We agree to this in writing.
    • This Contract is between You and Us. No other person shall have any rights to enforce any of its Terms.
    • You may print and keep a copy of these Terms, which form the entire agreement and understanding between You and Us and supersede any other agreements, communications or advertising (whether oral or in writing) made with respect to the subject matter hereof.
    • These Terms and their performance shall be governed by and construed in accordance with the laws of England and Wales, and the parties hereby submit to the exclusive jurisdiction of the courts of England.
    • Each of the clauses of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
    • Any failure or delay by Us to enforce at any time any of these Terms will not be considered a waiver of Your right to comply with any of the Terms or Our right to enforce each and every term or condition of these Terms.
    • 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. Neither of us will need to get the agreement of any other person in order to end the Contract.
    • We may alter or amend these Terms by giving reasonable notice on the App or Website. By continuing to Use the App after expiry of the notice period, You will be deemed to have accepted any amendment to these Terms.
20. EVENTS OUTSIDE OUR REASONABLE CONTROL

 

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Terms that is caused by an Event Outside Our Control.

 

• What We mean by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

 

• If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:

 

• We will contact You as soon as reasonably possible to notify You;

 

• Our obligations under this Agreement will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control.