1. Who we are and how to contact us

The Mami® app (“Mami App”, “App”, “app”, “Service”) and/or the accompanying Mami® Website (“Website”, “Service”) is developed by CUPARISE CIO ((“CUPARISE CIO”, “us”, “we” or “our”), registered charity in England and Wales (Reg: 1200402) and registered office at 4th floor, 18 St. Cross Street, London, EC1N 8UN. To contact us please email hellomami@cuparise.org.

 

2. Changes to these terms or the app

a. We may need to change these terms from time to time to reflect changes in law or best practice or to deal with additional features which we introduce. We will notify you of any changes. If you do not accept the notified changes, you may not be permitted to continue to use the app and the service (as defined below).

b. Occasionally, we may also automatically update the app and change the service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the app for these reasons. 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 app and the services.

c. We are committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without prior notification and explanation of the reasons for the payment. In the future, we may wish to update the Service. The App is currently available on Android and iOS – the requirements for the systems may change, and you will need to download the updates if you want to keep using the App. We do not promise that it will always update the App and/or Website so that it is relevant to you and/or works with the version that you have installed on your device. However, you promise to always accept updates to the application when offered to you.

 

3. Use of the app

a. If you download or stream the 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 these terms, whether or not you own the phone or other device.

b. We grant you a right to use our app including any updates and the services you connect to via the app (including the content we provide to you through it) (the “service”).

c. Your use of the app under these terms is also subject to any terms, rules or policies of any app store provider and/or operator (“app store provider”) from whom you have downloaded the app (“app store terms”). In the event of any conflict between these terms and any app store terms, the app store terms will prevail. You and we acknowledge and agree that, if you have downloaded this app from the Apple Inc app store, or Google LLC Play Store, and any subsidiaries, are third party beneficiaries under these terms and Apple will have the right to enforce these terms against you directly.

d. We and our service providers are responsible for any maintenance and support of the app and you acknowledge that any app store provider from whom you download the app is not under any obligation to you to carry out any maintenance and/or support for the app itself.

e. In consideration of you agreeing to abide by these terms, we grant you permission to use the app subject to these terms. We reserve all other rights, which are not granted in these terms. You may download and install the app through authorised app store providers only, and you may view, use and display the app for your personal purposes only.

f. In the event of any failure of the app to conform to any applicable warranty, you may notify the app store provider, and the app store provider will refund the purchase price for the app to you; and that, to the maximum extent permitted by applicable law, the app store provider will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

g. You acknowledge that we are responsible for addressing any claims from you or any third party relating to the app or your possession and/or use of that app, including, but not limited to:

(i) product liability claims;

(ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation. h. You promise to us that:

(a) you are authorised to agree to these terms,

(b) you are not located in a country subject to a united states government embargo, nor are you located in a country that has been designated by the united states government as a “terrorist supporting” country,

(c) you are not listed on any united states government list or prohibited or restricted parties,

(d) any information submitted by you shall be at your own risk, and

(e) you will not disclose nor allow to be disclosed by any means any confidential information belonging to us that you become aware of.

4. Your privacy

We may collect your personal information as part of your use of the app. To find out how we process your personal information, please see our privacy policy https://cuparise.org/mami-privacy-policy/

 

5. How we provide services to you and use of the app

a. Our app is made available free of charge

Our app is provided on an “as is” basis. We do not warrant or represent that:

(i) your use of the app will be uninterrupted or error-free;

(ii) that the app, services and/or the information obtained by you through the same will meet your requirements or that any of the content of the app will be accurate and/or complete; or

(iii) that the app and services will be free from viruses.

b. Our “Book a Service” Functionality

You may decide to book a service using Mami ’s ‘Book a Service’ functionality when it becomes available. Please note that we do not sell these services to you directly and our ‘Book a Service’ functionality directs you to our affiliate partner sites to make your purchases directly with them. Mami by CUPARISE CIO is not the seller and the contract formed when you buy these third party services from our affiliate partners would be solely between you and the affiliate partner. We are not a party to this contract nor assume any responsibility arising out of or in connection with it. The seller is responsible for the sale of the services and for dealing with any issue and liabilities arising out of or in connection with the contract they have with you.

c. We are not responsible for other websites you link to

1. The app and/or service may contain links to other independent websites which are not provided by us (including on our ‘Book a Service’ functionality). Such independent sites are not under our control, and we are not responsible for 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 or whether to rely on their content.

d. Acceptable use of our App You must not:

i. Use the app or the service in an unlawful way, or for any unlawful purpose, or in a way that breaches these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the app, any service or any operating system.

ii. Infringe our intellectual property rights or those of any third party in relation to your use of the app or any service;

iii. Use the app to communicate any material that is defamatory or otherwise offensive;

iv. Use the app or the service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and/or

v. Collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running any service.

 

6. Intellectual Property

a. All intellectual property rights in the app and the services throughout the world belong to us (or our licensors) and the rights in the app and the services are licensed (not sold) to you. You have no intellectual property rights in, or to, the app or the services other than the right to use them in accordance with these terms.

b. In the event that anyone brings a claim that the app or any part of it, or your possession and/or use, infringes a third party’s intellectual property rights, we (and not any third-party app store provider, including without limitation Google LLC and Apple Inc) shall be responsible for the investigation, defence, settlement and discharge of any such claim.

 

7. Our responsibility for loss or damage suffered by you

a. 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 your:

i. Use of, or inability to use, our app; or

ii. Use of or reliance on any content displayed on our app or otherwise provided to you through your use of the app or in relation to any services through our ‘Book a service’ functionality from our affiliate partners.

b. We are not liable for business losses. The app is for domestic and private use. If you use the 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.

c. We are not responsible for events outside our control. If our provision of the services or support for the app or the services 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.

d. We do not take responsibility for the Service not working at full functionality if you do not have access to Wi-Fi, and/or if you do not have any of your data allowance left. If you are using the Service outside of an area with Wi-Fi connection, you should remember that your terms of the agreement with your (mobile) network provider will still apply. As a result, you may be charged by your provider for the cost of data for the duration of the connection while accessing the Service, or other third-party charges. In using the Service, you are accepting responsibility for any such charges, including roaming data charges if you use the Service outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you are using the Service, please be aware that we assume that you have received permission from the bill payer for using the Service. You agree that, to the full extent permitted by law, your sole and exclusive remedy for any problems or dissatisfaction with the Service is to uninstall the App and to stop using the Website.

e. CUPARISE CIO and its affiliates, partner, and assigns and their respective employees, agents, contract service providers, volunteers, advisors, directors, trustees, and officers shall have no liability for any loss or damage arising from:

i. Your inability to access or use the App, Website or the Services; ii. Any changes that we may make to the App, website or the Services;

iii. Any inaccuracy or defect in any content on the App, website or the Services; iv. Any loss of business or profits, whether direct or indirect in all cases arising out of the use or inability to use the App, Website or the Services.

 

8. Do not rely on information on this app

a. The app and the services are provided for general information purposes only. Mami is not a medical or diagnostic test. By using our app or service you agree to accept our Medical Disclaimer (https://cuparise.org/medical-disclaimer/).

You assume sole responsibility for your use of the app and services and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any of the content or any information provided to us by you in connection with the services. Although we make reasonable efforts to update the information provided by the app and the service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

b. By using our app, you acknowledge that we are not certified healthcare professionals. It is not intended to amount to advice (medical or otherwise) 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 app or the service. The app and/or service may also connect you with medical advisors and other professionals who we are not responsible for and you assume sole responsibility for your use of any advice or information provided by them. You will need to make your own independent judgement about whether to use any such advice or information provided by them.

 

9. Suspension or withdrawal of our app

We may suspend, withdraw or restrict your availability of all or any part of our app for business and operational reasons or where you have breached these terms.

 

10. You must keep your account details safe

If you choose, or you are provided with a username or password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to anyone else. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at hellomami@cuparise.org.

 

11. 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.

 

12. 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.

 

13. Even if we delay in enforcing this contract, we can still enforce it later

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.

 

14. Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of, under or in connection with these Terms.

 

15. Support for the app and how to tell us about problems

If you want to learn more about the app or the service or have any problems using them, please contact us at hellomami@cuparise.org

To contact us (including with complaints) or if you think the app or the services are not working or wrongly described or wish to contact us for any other reason, please email us at hellomami@cuparise.org.

Updated 25th September 2023.