Terms & Conditions: Effective Date: 12/12/2019
Terms & Conditions: Effective Date: 12/12/2019
1 Introduction
1.1 These terms of use (“Terms”) apply to your use of the data collection application (the
“Application”) made available by RealityMine (“us” “we” or “our” for short) at the instruction
of Nepa (“our Client”).The Application is made available by RealityMine Limited, with its
registered address at Warren Bruce Court, Warren Bruce Road, Manchester, M17 1LB, United
Kingdom and registered company number 07920936.
1.2 These Terms form a binding legal agreement between you, as a user of the Application,
and us. By downloading, installing and using the Application you confirm that you have read,
understood and agree to these Terms in their entirety and all other applicable laws. If you do
not agree to these Terms in their entirety you must uninstall the Application from your mobile,
portable or desktop computer device (“Device”). We strongly recommend that, as you read
the Terms, you also access and read the linked information, since it is incorporated into and,
hereby, made part of these Terms. These Terms are effective upon acceptance. Use of any
functionality of the Application constitutes acceptance of these Terms.
1.3 You may be downloading the Application in connection with your participation in a market
research programme being conducted by us. The Application will either install a piece of
software on your device to collect data from your device (the “Meter”) and/or will establish a
profile or extension on your device to redirect all data generated by and for your device to us
to enable us to collect data from our servers (the “VPN”). Regardless of whether data is
collected via the Meter, the VPN or the browser extensions, we will only use the data as
described in our Privacy Policy.
2 Privacy Policy
The Application is provided in order to collect information about you and your usage of your
Device as described in the Privacy Policy. You should carefully read the Privacy Policy to
understand how we collect, use, disclose and manage that information. If you do not agree to
the terms of that Privacy Policy, then you will need to uninstall the Application.
3 Eligibility
You represent and warrant that you are competent and eligible to enter into a legally binding
agreement and be bound by these Terms. You shall not access and use the Application if you
are not competent to contract under the applicable laws, rules and regulations.
4.1 We or our Client may terminate the license at any time. We may immediately, with or
without notice, disable the Application on your device.
4.2 You can disable the Application at any time by following the Opt-Out and Application
Removal Instructions below:
a) If you are using an Android phone, simply open ‘Settings’, scroll down to Apps, find
RealityMeter, and then click ‘Uninstall’. This will also remove the VPN profile. You will
then need to remove the Root Certificate from your settings.
b) If you are using an iPhone, simply hold down on the Application icon. When an ‘X’
appears above RealityMeter, tap the ‘X’ to remove the application. You must then
remove the VPN profile from your device by going to ‘Settings’, ‘General’, ‘Profiles’
and then removing the VPN profile and root certificate
c) If you are using a Windows machine, find RealityMeter in ‘Programs and Features’,
double click to bring up the uninstallation wizard and click ‘Uninstall’. Following these
steps will automatically remove all browser extensions.
d) If you are using a OSX machine, Force Quit RealityMeter, drag the application to the
trash and then empty the trash. Following these steps will automatically remove all
browser extensions.
4.3 At that point, the Application will stop collecting and transmitting information about you
as per the Privacy Policy. Please note that any information that has previously been collected
by the Application and sent to us up until the time you disabled it will continue to be used by
us in accordance with our Privacy Policy.
4.4 When the license terminates, you shall immediately discontinue use of the Application,
erase all full and partial copies of the Application and other tangible embodiments of the
Application and our confidential information which is in your possession or control.
4.5 Upon termination, the rights and license granted to you herein shall terminate and you
must cease all use of the Application.
4.6 If you fail to comply with any term of these Terms, we may (without prejudice to any other
rights we may have) suspend provision of the Application or any applicable account or service
provided by us to you and/or terminate it immediately.
5 Indemnity
5.1 You agree to defend, indemnify and hold harmless, us and our Client, our officers,
directors, employees, business partners and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited
to attorney’s fees) arising from: (i) any breach by you of any of these Terms or (ii) a violation
by you of applicable law or any agreement or terms with a third party to which you are subject.
5.2 The terms of this provision will survive any termination or cancellation of these Terms or
your use of the Application.
5.3 Please note that use of the Application is subject to your Device complying with our
minimum standard technical specification and compatibility notice. You are advised to check
this specification to ensure that your computer and/or portable device is compatible with the
Application and we shall not be liable for any failure arising in the Application which arises
from incompatibility (including, without limitation, minimum storage and memory
requirements from time to time).
6.1 The Application and all content, functionality and features within it (the “Materials”) are
provided “as is” and without warranties or representations of any kind either expressed or
implied. To the greatest extent permitted by law, we disclaim all warranties of satisfactory
quality and fitness for a particular purpose and that content, information displayed in or on
the Application is accurate, complete up-to-date and/or does not infringe the rights of any
third party. We do not warrant that the functions contained in the Materials will be
uninterrupted or error-free. Unless expressly stated otherwise in this Agreement and to the
extent permitted by law, we do not give any other representation, warranty or recourse,
express or implied and we hereby exclude all terms, representations and warranties that
might otherwise be implied into this Agreement.
6.2 While we use reasonable efforts to ensure that the Application is free from viruses and
other malicious content, neither we nor any other party, including the Client, involved in
producing or delivering the Application assumes any responsibility, nor shall be liable for any
damage to, or viruses that may infect, your computer equipment or other property on account
of your access to, use of, the Application or your downloading of any materials, data, text,
images, video or audio from the App. Except where required by applicable law, we shall not
be liable to any person for any loss or damage they suffer as a result of viruses or other
malicious or harmful content that they access from or via the App.
6.3 We or our Client shall not be liable for the loss and/or damage of the confidential
information or data provided by you arising as a result of an event or a series of related events,
that is beyond the our control, including failures of or problems with the internet or part of
the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses
or other malicious software attacks or infections.
6.4 Any material downloaded or otherwise obtained through the Application is done at your
own discretion and risk and you are solely responsible for any damage to your Device or loss
of data that results from the download of any such material. No advice or information,
whether oral or written, obtained by you from us through or from the service will create any
warranty not expressly stated in these Terms.
7.1 Any information, data, reports, analysis and results which are created following your
installation of the Application on your Device (“Data”) shall vest in and be owned by us or our
Client. We are not under any obligation to use, collect or analyze any Data relating to you.
8 Changes
8.1 We reserve the right to make changes to these Terms, or to the functionality, features,
feature or content of the Application at any time. We may automatically update the
Application on your device. Changes to these Terms will be announced or communicated to
you. Please be sure to visit the website regularly. You may need to download a new version
of the Application if you wish to take the benefit of any changes we may make to it.
9.1 These Terms are personal to you and us and may not be enforced by any third party,
whether pursuant to the Contracts (rights of Third Parties) Act 1999 or otherwise.
10 Limitation of Liability
In no event shall we or our Client be liable for any direct, indirect, punitive, incidental, special
or consequential damages or for any damages whatsoever including, without limitation,
damages for loss of use, data or profits, arising out of or in any way connected with the access,
use or performance of this Application’s functions and features or for interruptions, delay,
etc., even if we were advised of the possibility of damages resulting from the cost of getting
substitute facilities on the Application, any products, data, information or services purchased
or obtained or messages received or transactions entered into through or from the
Application, unauthorized access to or alteration of your transmissions or data statements or
inability to use the Application, the provision of or failure to provide the functions and
features, based on contract, tort, negligence, strict liability or otherwise. This clause shall
survive in perpetuity.
11.1 These Terms (and by extension, the Privacy Policy) shall be governed by the laws of
England and Wales and any matter or dispute arising in connection with them or in connection
with the Application shall be subject to the exclusive jurisdiction of the courts of England and
Wales.
11.2 You are responsible for compliance with applicable local laws relating to the use of or
otherwise connected with the Application.
12 Severability
12.1 If any provision of these Terms is held to be illegal, invalid or unenforceable under any
present or future applicable laws: (a) such provision will be replaced with another, which is
not prohibited or unenforceable and has, as far as possible, the same legal and commercial
effect as that which it replaces; and (b) the remaining provisions of the Terms will remain in
full force and effect and will not be affected by the illegal, invalid, or unenforceable provision
or by its severance here from.