Heathrow Bears app – terms and conditions
Thank you for deciding to use the Heathrow Bears app (the “App”). We are delighted that you are as curious as we are about the world around you! The following sets out the terms and conditions of use for the App, provided by Heathrow Airport Limited whose registered office is at Compass Centre, Nelson Road, Hounslow, TW6 2GW (company number 01991017) ("Heathrow"). "We", "our" and "us" are references to Heathrow. "You" and "your" are references to the passenger and/or person downloading and using the App. It’s important that you read these terms and conditions (the “Terms”) as they contain important information (and legal information) about the App and the way it should be used.
2. Parental Consent
The App is intended to be used by those of all ages. Where you are aged 13 or under you should obtain the express consent of your parent or guardian before downloading and using the App.
3. Safe Play
During game play, please be aware of your surroundings and play safely. You agree that your use of the App and play of the game is at your own risk. You also agree to use the App in accordance with applicable laws, rules, or regulations. Without limiting the foregoing, you agree that in conjunction with your use of the App you will not engage in any activity that may result in injury, death, property damage, and/or liability of any kind.
4. Camera Use
The App uses the camera on your phone, tablet or device whilst the App is enabled to recognise images through the camera and show on-screen dynamic content on top of what you see 'in the real world.' No images will be accessed or stored by Heathrow that are contained on your phone, tablet or device or that are created or taken whilst using the App.
5. Personal Data
Heathrow does not require or collect any “personal data” (as such term is defined in the Data Protection Act 1998) in order for you to download, use or access the App. However, we may collect data such as how long you have used the App and if you interact with the Bears marker. Any such monitoring is carried out anonymously.
7. Disclaimer of Warranty
The App has been developed with, and is provided with, reasonable care and skill. Heathrow does not make any other promises or warranties about the App and in particular does not warrant that: (i) the App will provide uninterrupted or error-free use of the App or that the content will be will be error-free, complete, accurate, available or uninterrupted; or (ii) the App will operate free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion. You shall be responsible for backing up your own system. Heathrow expressly disclaims any implied warranties as to merchantability or fitness for purpose. Except as set out in section 8 below, or in the event that you are exercising any applicable statutory right to refund or compensation, in no case shall Heathrow be liable for any loss or damage caused by the App where: (i) there is no breach of a legal duty of care owed to you by Heathrow; (ii) it is not a reasonably foreseeable result of any such breach; (iii) any increase in loss or damage results from breach by you of any clause of these Terms; (iv) it results from a decision by Heathrow, to suspend or terminate your access to the App, or to take any other action during the investigation of a suspected breach or as a result of a breach, of these Terms.
8. Limitation of Liability
Except as set forth in Section 7, Heathrow’s aggregate liability under these Terms shall be limited to the lower of the sum equal to the data cost of downloading the App to your phone, tablet or device or £75. Nothing in these Terms excludes or limits Heathrow’s liability for fraud, fraudulent misrepresentation or due to our negligence, for death or personal injury.
We do not charge you for the App but please be aware that your phone or data carriers normal rates and fees, such as data charges, will still apply.
10. Additional Terms for App Store Apps
If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play, or Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:
These Terms are concluded between you and Heathrow, and not with App Provider, and that, as between us and the App Provider, Heathrow is solely responsible for the App.
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
11. Rights in the App
Subject to your compliance with these Terms, Heathrow grants you a limited nonexclusive, non-transferable, non-sub licensable license to download and install a copy of the App on your phone tablet or device and to run such copy of the App solely for your own personal, non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify, or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (iii) reverse engineer, decompile, or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Heathrow reserves all rights in and to the App not expressly granted to you under these Terms
12. Content Ownership
Heathrow and its licensors exclusively own all right, title, and interest in and to the App, including all associated intellectual property rights. You acknowledge that the App and contents therein in are protected by copyright, trademark, and other laws of the United Kingdom and other foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the App.
We welcome feedback, comments, and suggestions for improvements to the App. (“Feedback”). You can submit Feedback by reaching out to us at www.heathrow.com/feedback.