1.1 These terms and conditions (together with the documents referred to in it) (collectively, these “terms”) set out the basis on which you may make use of the wardian.life app (our “App”), as a registered user. Please read these terms of use carefully before you start to use our App.
1.2 By using our App, you indicate that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our App.
1.3 We recommend that you should print a copy of these terms and conditions for future reference.
2.1 Our App is operated by Ballymore Development Management Limited (“we”) , a limited company incorporated in England and Wales under company number 08874050. Our registered office address is: 4th Floor, 161 Marsh Wall, London, E14 9SJ.
2.2 You can contact us using the following email address: datadepartment@ballymoregroup.com.
These terms of use refer to the following terms which also apply to your use of our App:
3.1 By accessing and using our App, you confirm that you are aged eighteen (18) years or older. Access to the App is not intended for those under the age of eighteen (18). If you are under the age of eighteen (18), please do not register any personal details via the App. If you have already done so, please contact us via the address given above.
3.2 EcoWorld Ballymore (a JV between us and Eco World International Berhad) takes your privacy seriously and will only use your data in accordance with its privacy policy, which can be accessed here. Ballymore Asset Management Limited will also use your data for the purposes of providing estate management services in accordance with its privacy policy, which can be accessed here.
3.3 Our Cookie Policy, which sets out information about the cookies on our App.
3.4 Clause 11 of these terms sets out the permitted uses and prohibited uses of our App. When using our App, you must comply with these terms and all those set out herein.
3.5 You are responsible for making all arrangements and any associated costs necessary for you to have access to the App. You are also responsible for ensuring that all persons who have access to the App through your internet connection are aware of these terms, and that they comply with them.
4.1 We may amend these terms from time to time. Every time you wish to use our App, please check these terms to ensure you understand the terms that apply at that time. When we update these terms, we will amend the “last updated” date below.
4.2 These terms were last updated on 22 September 2020.
We may update and change our App from time to time to reflect changes to our offerings, our users’ needs and our business priorities or for any other reason. We will try to give you reasonable notice of any significant changes.
6.1 Access to our App is permitted on a temporary basis and is available free of charge. We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
6.2 You are also responsible for ensuring that all persons who access our App through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
7.1 Our App is directed to people residing in England or the UK. We do not represent that content available on or through our App is appropriate for use or available in other locations.
7.2 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
7.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at datadepartment@ballymoregroup.com.
8.1 We are the owner or the licensee of all intellectual property rights on our App, and in the material published on it and any related documentation. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Except as expressly set out herein, nothing in these terms grants you any rights to, or in, patents, copyright, database rights, trade secrets, trade names, trade marks and design rights (in each case whether registered or unregistered), or any other rights (including intellectual property rights) or licences in respect of the App or any related documentation.
8.2 You may print off one copy, and may download extracts, of any page(s) from our App for your personal reference and you may draw the attention of others within your organisation to material posted on our App, provided always that the individual is authorised to access the App.
8.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.4 Our status (and that of any identified contributors) as the authors of material on our App must always be acknowledged.
8.5 You must not use any part of the materials on our App for commercial purposes without obtaining a licence to do so from us or our licensors.
8.6 If you print off, copy or download any part of our App in breach of these terms of use, your right to use our App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
9.1 The content on our App is provided for general information only and is not intended to amount to advice on which you should rely. You should take professional or specialist advice before taking, or refraining from, any action based on the content of this App.
9.2 The content on our App is provided without any representations, guarantees, conditions or warranties as to its accuracy or completeness or as to whether it is up to date.
9.3 Where our App contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links are provided for your convenience and do not imply an endorsement of the material on them or any association with their operators. We have no control over the contents of those sites or resources and accept no responsibility for or liability in respect of material, or any website under the control of third parties.
9.4 We are not responsible for the privacy policies and/or any privacy practices associated with any sites of third parties that you may access through the App. If you wish to know how the operator of these sites protects your personal data, we recommend you review the privacy policies of these websites. If you have any any concerns, you should contact the operator of these websites.
9.5 This App may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our App do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us on the details given at 2.2. above.
10.1 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 and for fraud or fraudulent misrepresentation.
10.2 We exclude all implied conditions, warranties, representations or other terms that may apply to our App or any content on it.
10.3 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
10.4 In particular, we will not be liable for:
If you are a consumer user:
10.5 Please note that we only provide our App for domestic and private use. You agree not to use our App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.1 You may use our App only for lawful purposes. You may not use our App:
12.1 Whenever you make use of a feature that allows you to upload content to our App, or to make contact with other users of our App, you must comply with the content standards set out in clause 11.
12.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
12.3 Any content you upload to our App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our App a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in clause 13 below.
12.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our App constitutes a violation of their intellectual property rights, or of their right to privacy.
12.5 We have the right to remove any posting you make on our App if, in our opinion, your post does not comply with the content standards set out in clause 11.
12.6 You are solely responsible for securing and backing up your content.
When you upload or post content to our App, you grant us the following rights to use that content:
13.1 A perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with the service provided by our App and across different media and to promote our App or the service.
14.1 While certain precautions have been taken to detect computer viruses and ensure security, we do not guarantee that our App will be secure or free from bugs or viruses.
14.2 You are responsible for configuring your information technology, computer programmes and platform to access our App. You should use your own virus protection software.
14.3 You must not misuse our App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
14.4 You must not attempt to gain unauthorised access to our App, the server on which our App is stored or any server, computer or database connected to our App. You must not attack our App via a denial-of-service attack or a distributed denial-of service attack.
14.5 By breaching this clause 14, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App will cease immediately.
14.6 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your device, device programs, data or other proprietary material due to your use of our App or to your downloading of any material posted on it, or on any site linked to it. We do not give warranties as to the compatibility of this App with your device, its systems, software and/or hardware.
“Wardian” is a registered trade mark. You are not permitted to use our trade mark without our approval.JURISDICTION AND APPLICABLE LAW
16.1 If you wish to complain about any content which appears on the App, please contact us at datadepartment@ballymoregroup.com. Please precisely identify the content about which you are notifying us, including the page of the App on which it is posted. You should also provide us with full details of your complaint and, if you are alleging copyright infringement, evidence that you own the copyright.
16.2 We will then review the material and decide whether it complies with the content standards set out in these terms. We will deal appropriately with any content which, in our opinion, violates theses terms. We will endeavour to inform you of the outcome of our review within a reasonable time of receiving your complaint.
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
These terms of use and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the use of our site.
If you have any concerns about material which appears on our App or concerns with regards to our services, please contact us at the details given in clause 2.2 above.