Done. Organised. Never Forgotten.

PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE/APPSTORE.

This end-user licence agreement ( EULA) is a legal agreement between you (the End-user or you) and The DON Solutions Limited, a limited company registered in England and Wales under company number 11209928 and with our registered office at 21 Heavitree Road, Exeter, Devon EX1 2LD (the Licensor, us or we) for:

• The DON mobile application software (App); and
• Any associated online or electronic documentation, to include our Privacy Notice, as updated from time to time (User Documents).

We licence use of the App and the User Documents to you on the basis of this EULA and subject to any rules or policies applied by the Google Android application store from whose site, located at https://play.google.com/store/apps or https://www.apple.com/itunes, (or in each case such subsequent or replacement site) as the case may be (Appstore), for download of the App by the End-user (Appstore Rules). We do not sell the App or the User Documents to you. We and/or the owners of the App and the User Documents remain the owners of the App and the User Documents at all times.

Operating system requirements

This App requires an Android device or an Apple device, running the Android or the iOS operating system, respectively [minimum versions], with at least [32GB] of memory and the ability to access the internet.

Important notice:

• By downloading the App from this website or clicking on the "Accept" button below you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, limitations on liability in condition 7.
• If you do not agree to the terms of this licence, we will not license the App and the User Documents to you and you must stop the download or streaming process (as applicable) now by clicking Cancel and/or otherwise exiting the specific download or streaming via the Appstore. As such, the downloading or streaming process will terminate.

You should print a copy of this EULA for future reference.

Agreed terms

1. Acknowledgements
   1. The terms of this EULA, together with our Terms of Use, apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or 2 any Service, the terms of an open-source licence may override some of the terms of this EULA.
   2. We may change these terms at any time by sending you a broadcast message via the app with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
   3. From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
   4. You will be assumed to have obtained permission from the owners of the mobile phone or handheld device(s) that are controlled, but not owned, by you and described in condition 2.2(a) (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
   5. By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
   6. The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy notice or policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
   7. Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
   8. When we refer, in this EULA, to in writing or written, this will include email. Any service of a notice via email will only be deemed valid service where a successful delivery receipt is requested and obtained by the sender, confirming that the message has been successfully stored on the recipient's server.
2. Grant and scope of licence
   1. In consideration of you agreeing to abide by the terms of this EULA and our Terms of Use, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, our Privacy Notice and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.
   2. You may:
      1. download or stream a copy of the App onto an Apple or Android device and to view, use and display the App on the Devices for your personal purposes only; and
      2. use the User Documents for your personal purposes only.
3. Licence restrictions
   Except as expressly set out in this EULA or as permitted by any local law, you agree:
   1. not to copy the App or the User Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
   2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or the User Documents;
   3. not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
   4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
      1. is used only for the purpose of achieving inter-operability of the App with another software program;
      2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
      3. is not used to create any software that is substantially similar to the App;
   5. to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
   6. to include our copyright notice on all entire and partial copies you make of the App on any medium;
   7. not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
   8. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology), together the Licence Restrictions.
4. Acceptable use restrictions
   You must:
   1. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
   2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by this EULA);
   3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
   4. not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
   5. not 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.
5. Intellectual property rights
   1. You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
   2. You acknowledge that you have no right to have access to the App in source-code form.
6. No warranty or support
   1. You expressly acknowledge and agree that use of the App and any Documents and Services provided is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
   2. To the maximum extent permitted by applicable law, the App and the User Documents and Services are provided "as is" and as available, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the App, the User Documents and Services, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant 5 against interference with your enjoyment of the App or the User Documents, that the functions contained in the App or Services will meet your requirements, that the operation of the App or Services will be uninterrupted or error-free, or that defects in the App or Services will be corrected. No oral or written information or advice given by us or our authorised representative shall create a warranty. Should the App or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction.
7. Limitation of liability
   1. You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the User Documents meet your requirements.
   2. We only supply the App and the User Documents for domestic and private use. You agree not to use the App and the User Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
   3. Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to GBP30. This does not apply to the types of loss set out in condition 7.4.
   4. Nothing in this EULA shall limit or exclude our liability for:
      1. death or personal injury resulting from our negligence;
      2. fraud or fraudulent misrepresentation; and
      3. any other liability that cannot be excluded or limited by English law.
8. Termination
   1. We may terminate this EULA immediately by written notice to you, via email:
      1. if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
      2. if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
      3. on thirty days notice.
   2. On termination for any reason:
      1. all rights granted to you under this EULA shall cease;
      2. you must immediately cease all activities authorised by this EULA;
      3. you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and the User Documents then in your possession, custody or control and certify to us that you have done so.
9. Communication between us
   1. If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by sending a message using the Support and Feedback features through the App, by email or by post to The DON Solutions Limited, 21 Heavitree Road, Exeter, Devon EX1 2LD We will usually confirm receipt and respond either in App or in writing, by email.
   2. If we have to contact you or give you notice in writing, we will do so by email to the email address you provide to us in your request for the App or your registered email address with the relevant Appstore.
10. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
       1. our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
       2. we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
11. Other important terms
    1. We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
    2. You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
    3. If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing by email, and that will not mean that we will automatically waive any later default by you.
    4. Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
    5. Please note that this EULA, its subject matter and its formation (to include noncontractual disputes or claims), are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.

This agreement takes effect on the date accepted by the End-user.

Any personal information provided to or gathered by The DON is controlled by The DON Solutions Limited (company number 11209928), registered in England & Wales and whose registered office is at 21 Heavitree Road, Exeter, Devon EX1 2LD (“we”, “us”, “our”).

We are committed to protecting and maintaining the privacy of those who use our services; this Privacy Notice describes how The DON collects, processes and stores personal data, to include via our mobile application, “The DON” (“App”), our website: www.thedon.online, other sites and other online platforms.  The data controller under applicable data protection legislation is the organisation mentioned above.  All personally-identifiable information provided to or gathered by us, including through the App and our website, will be treated as confidential and we will not abuse this trust by providing all or any part of your information to others unless you have consented to this, where this is in our legitimate interests or to meet a legal obligation, further outlined below.  Your information will never be sold, licensed, loaned or otherwise distributed to any other organisation unless we are required to do so by applicable law. Subject to any overriding obligation to which we are subject, you have the right to object to the processing of your personal information, by a simple request that we stop such processing.

Collection of Personal Information

We may collect personal information in various ways, including via the App, in e-mail or written correspondence with you or to which we are copied, via third party services, through our website or otherwise directly from you.  You have a choice whether to provide any information to us, except where this is necessary to fulfil any contract – such as in relation to the provision of our services (albeit recognising that such a decision may mean that we are unable to provide our services as you expect), or where we are required to do so by applicable law or a Government agency or law enforcement.

Where you register for our App, or otherwise provide information through our website, we will collect information about you which may include names, addresses, e-mail addresses or other contact details and other personally-identifiable information, interests and preferences.

We assess and document our processing activities on an ongoing basis and update our records, accordingly; our approach seeks to ensure good data governance and compliance with our data protection obligations.

We maintain records of consent, where we rely on active consent for the processing of personal data, and will ensure processing is limited or ceases where such consent is withdrawn.

Why we Process your Personal Information

Our use of your personal information will at all times be in accordance with applicable data protection laws; we rely on the following grounds justifying our processing of personal data:

• Consent – explicit consent for us to do so.

• A Contract or Legal Obligation – to fulfil our obligations under an existing contract or other legal obligation, in certain circumstances our right to process this information will override your right to object to us doing so.

• Legitimate Interests – we may judge that we have legitimate grounds to process your personal information in certain ways and where that is the case, we will balance our own interests against your own or the relevant individual whose data is being processed, to ensure that the rights and interests of those individuals who interact with us are protected.    
   

Where information is obtained through or as a result of your use of our App, we use this information for the following purposes:

• To organise and operate our events and camps, ensuring the wellbeing of you or those attendees at our events and camps;

• To understand and appreciate your needs and requirements as a user of our App or our services generally;

• To keep in contact with you and to manage bookings and itinerary;

• For internal record keeping;

• To provide relevant information about our services or those that we may offer from time to time;

• To improve our products and services;

• For analysis in relation to the technical specification and user experience of our App, for the purposes of developing and improving our App and the services that we provide; and

• From time to time, we may also use your information to contact you for market research purposes.  We may contact you by in-App message, email, phone or mail. We may use the information to customise our App according to your interests.

We may process personal information, following anonymisation, to assess trends or for research or analysis; however, any particular individual will not be identifiable where we choose to undertake such activities.

Managing Your Preferences, including for Marketing

In addition, we may process your information for marketing purposes (including offers, promotions and updates in relation to our services, that we believe may be of interest to you) that relate to similar services, either where you are or have been a user of our services or have made an enquiry about them previously or where you have given your explicit consent.

You have the right to manage your preferences in relation to the kinds of information that we collect and the manner in which your information is processed – you can update these preferences at any time through our App; you can also withdraw your consent, either as a whole or in relation to particular kinds of information or delivery methods.  We encourage our users and clients to exercise these preferences so that they only receive the information that they wish from us and so that our use of their information is consistent with their own expectations.

You may ask us to erase information that we hold about you, except where there is some other reason requiring us to maintain the information, such as for insurance purposes, for example.  We monitor and will also delete information and data that we hold, where we reasonably consider this no longer to be required.
 

Information Officer

Under GDPR (which, in this Privacy Notice, means EU General Data Protection Regulation 2016/679 and laws implementing or supplementing GDPR as the data protection or privacy laws of any other country), the nature of the processing that we undertake does not require us to appoint a formal Data Protection Officer (DPO); however, we may maintain equivalent standards and the nominated representative for the purposes of compliance with our data protection obligations is our Managing Director.

Technical and Organisational Measures and Security

The protection of our users’ personal information is important to us and therefore we have and maintain appropriate technical and organisational measures to achieve these aims.  These seek to protect personal information that we process from and against unauthorised or unlawful use, or accidental loss, damage or destruction and we review these measures, on a regular basis to ensure that they are appropriate.

These include encrypted access to our systems, only accessible by our personnel, utilising secure and regularly-updated passwords and access to and processing of information though our App, using secure HTTPS.  

In relation to data security, you accept the risk that data transmitted to us via electronic means may be intercepted before reaching us or may be accessed by unauthorised third parties, or exploited unlawfully. We do not assume any responsibility for guarding against the acts of third parties and shall not be liable for any direct, indirect or consequential losses or damages incurred or suffered as a result.

Sharing your Personal Information

We will never share your personal information with others for commercial gain or in ways that you would not reasonably expect of us.  

Unless we have your explicit consent otherwise, we will only share your personal information where this is necessary to fulfil our contract with you or where we have a legal obligation to do so; this will include passing those details to any venue or organisation connected with the provision of our camps.  You appreciate that in order to provide you with our services or to sell you any products, where relevant, it may be necessary or more efficient for us to engage other businesses that provide complementary services, allowing us to fulfil your needs or where such other services are necessary for us to operate our business; examples, without limiting this description, may include event management or event provider businesses, accommodation and hospitality providers, IT and website backups, hosting providers, HR advice and consultancy, payroll and bookkeeping services, software and program providers, banking and financial provider and equipment suppliers.

In addition, we may process your information where we are required or permitted to do so under applicable law, where required to do so by any Government agency or law enforcement, where it is necessary in connection with the sale or potential sale of our business or where we conclude that we have and can show one or more legitimate interests for doing so.

If you are unhappy with the way in which we handle your information or any response from us, you may seek further guidance or file a complaint with the Information Commissioner’s Office (ICO), Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.  Tel: 03031231113 (local rate); 01625 545745.
 

Linking to Other Sites

It is a fundamental part of our Service to link and provide connections to other commercial products, services and resources for you to access at your sole discretion, but you agree that we shall not be responsible or liable to you in respect of the availability or content of, or consequences of you linking to, purchasing or using any such products, services or resources and you should review their offering, to include the privacy notices of those sites before proceeding; although we welcome links to our website, we shall be entitled to demand that such links are broken if we consider the content or nature of the linking site to be unsuitable or unprofessional, as we see fit.

Service Providers and Third Parties

We may on occasion have the need to transfer your data to suppliers located outside of the European Economic Area (“EEA”), including in the USA.  We will only do so where the legal regimes of those territories outside of the EEA offer an equivalent standard of data protection to our own.

Where it is necessary to provide information to external service providers or partners in relation to services that they provide to us, in order to operate our business or to provide you with the services requested, we have adopted approved model data protection clauses in our arrangements with them, to ensure they meet the same high standards required in relation to the processing of your personal information under applicable data protection laws. 

Your Rights and how to Exercise Them

You may request a copy of the information that we hold about you (known as a Subject Access Request).  In addition, under the GDPR, you may exercise the following rights:

• A right of access to the information that we hold about you – as above.

• A right to have your information corrected if it is inaccurate or incomplete.

• A right to have information removed or deleted from our records and systems.

• A right to block us from processing your personal data or to limit the way(s) in which we can use it.

• A right of portability; to request that we move your personal information to someone else, in a machine- readable form.

Please contact us via a simple request, where you wish to exercise any of your above rights or if you wish to file a complaint about our collection, processing or use of your personal information.

Right to Object to Processing

Whatever justification we rely on, under GDPR you have a right to object to our processing of your personal information, unless we have a separate legal or regulatory obligation to do so, in which case our processing will only be limited to the extent to which we need to process your information.  However, except for this, you may confirm your objection to the extent and kinds of processing being undertaken, by sending us a simple request, updating your preferences.

Disclosure of your Information

We only transmit data to third parties in very limited circumstances and never for the purposes of marketing or to ‘sell’ the data we hold.  Certain information may be available to essential organisations upon whom we rely to run our business; our contractual terms with those third parties provide the assurances under Article 28 of GDPR that they will abide by the requirements of GDPR in processing data, to the extent that we require, on our behalf.

We will never sell, transfer or disclose personal data for commercial gain or for any purpose outside of that strictly necessary to run our business and provide our services.

Your Preferences about our use of your Personal Information

If we send you any information by way of marketing, this will be based on our having previously provided similar services or responded to an enquiry from you; all communications of this nature will include a simple means of unsubscribing.  You may wish to update your preferences concerning what you receive and in what format that takes; to let us know about your preferences, to include if you wish to change them, please visit the relevant area of the App, our website or otherwise send us a simple request confirming those changes and we will update your preferences to reflect your wishes immediately.

Should you no longer wish to be contacted by us, please either confirm this in a simple request or by updating your preferences.

Retaining Personal Information

We will only keep your personal information for such period as we deem necessary to fulfil the purpose(s) for which it has been collected or in relation to legal obligations to which we are subject.  We monitor and regularly delete information and data that we hold, where we reasonably consider this to be no longer required for any legitimate purpose; such data is erased or destroyed securely.

Where we are able to fulfil a request to delete and erase your personal information, we will fulfil that request, unless there is some other obligation to which we are subject requiring us to retain your data, in which case we will retain it only for so long as is necessary to meet that other legal obligation.

Your Information and Keeping it Up-to-Date

You have the right to request details of the information that we hold about you. Should you wish to be provided with these details, please contact us with a simple request.

We wish to keep any information that we hold about you accurate and up to date and therefore please contact us if the information we hold about you needs updating.
If you have any questions or concerns regarding your privacy, or if you experience difficulties in accessing, viewing or using the App or any site(s) operated by us, please contact us.
We value your feedback in relation to our online presence and therefore welcome any comments or feedback which you may have.
 

Changes to this Privacy Notice 

We may change or modify this Privacy Notice at any time and we recommend that you check the latest version of this notice each time that you access the App or, as the case may be, our website.  The date of the most recent update will appear below. Any significant changes to this notice may be confirmed through direct communication with you, where we consider that such changes should specifically be brought to your attention.  

Information about our Use of Cookies

Our website uses cookies to distinguish you from other users of our website.  Cookies are small files of letters and numbers which are downloaded to your browser, computer, tablet, mobile or similar device when you visit a website.  We store cookies on your browser or your derive or device if you agree.

Where your browser settings have been set to automatically accept cookies, by remaining on our site, we will take this to mean that you are happy to accept our use of cookies.  You can update these preferences at any time in the settings area of your chosen browser.

To block cookies, you can activate the setting on your browser allowing you to refuse the setting of all or some cookies.  However, if you use your browser settings to block some or all cookies (including essential cookies) the functionality of the site may be impaired or you may not be able to access all or part of our site; this may hinder your intended use of the site but it is your choice how you wish to set cookies preferences within your browser/device.

Use of cookies helps us to provide you with a good experience when you browse our site and also allows us to improve our site.

We use the following cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.

• Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

• Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

• Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

We use the following analytical/performance cookies:

Cookie – Universal Analytics

_ga
_gali
_gat
_gid

Our use of these cookies

These are cookies used to collect visitor use information on our website; no personal information or data is stored.  The cookies collect information in an anonymous form, including numbers of visitors, where website visitors have come to our site from and the pages that they visited.  The information is used to help improve our website and our user-experience.

Please note that third parties (including, for example, providers of external services like web traffic analysis services) may also use cookies, over which we have no control.  These cookies are likely to be analytical/performance cookies or targeting cookies.

Analysis services, in general, collect information about how visitors, in general, use a website; this may include which pages are visited, how long visitors remain on a particular page and if error messages are generated when trying to access a particular page or area of the site.  However, these cookies do not collect any personal data and are anonymous; the data is merely aggregated to allow improvements to the functionality of the website.

This Privacy Notice was last updated on 17 July 2018.

THE DON

Done, Organised, Never Forgotten

This page (together with our privacy notice: www.thedon.online/privacy and our website terms: www.thedon.online/#terms) tells you information about us and the legal terms of use ( “ Terms of Use ” ) on which we provide and you may make use of “The DON” application for mobile devices (“App”), being a smart task completion service connecting you with commerce, described more fully on our website: https://thedon.online (the “Service”). Please read these Terms of Use carefully before you download, install or use the App. By downloading, installing or using the App, you are agreeing to these Terms of Use; if you are unable to abide by these provisions in full, you should cease using the App. References in these Terms of Use to the Service includes any content which appears on the App and on our website (“Content”).

These Terms of Use, together with our end-user license agreement (“EULA”) in relation to the download and installation of the App, will apply to any contract between you and us for the supply of the Service (collectively, the “Contract”).

You should print a copy of these Terms of Use or save them to your device for future reference.

We may amend these Terms of Use from time to time, as set out in clause 9.

1. INFORMATION ABOUT US AND HOW TO CONTACT US
   1. We operate a smart task completion service connecting our users with commerce that may be useful to them, “The DON”. We are The DON Solutions Limited, a limited company registered in England and Wales under company number 11209928 and with our registered office at 21 Heavitree Road, Exeter, Devon EX1 2LD
   2. If you have any questions or if you have any complaints, please contact us through our contact form: https://thedon.online/#contact
   3. If you wish to contact us in writing, or if any clause in these Terms of Use requires you to give us notice in writing (for example, to cancel the Contract once you have been given access to the Service), you can send this to us by email, by hand, or by pre-paid post to The DON Solutions Limited, 21 Heavitree Road, Exeter, Devon EX1 2LD. If we have to contact you or give you notice in writing, we will do so by email, by hand or by pre-paid post to the address you provide to us when you register for use of the App.
   4. When we refer, in these Terms of Use, to “in writing” or “written”, this will include email. Any service of a notice via email will only be deemed valid service where a successful delivery receipt is requested and obtained by the sender, confirming that the message has been successfully stored on the recipient’s server.
2. THE SERVICE, DOWNLOADING THE APP AND REGISTRATION
   1. We will supply the Service to you from the date on which you download the App, accept our EULA terms and you receive Registration Confirmation as described in clause 5.2 below.
   2. By downloading the App and subsequently becoming a registered user, you confirm that you are at least 13 years old.
   3. By downloading the App and subsequently becoming a registered affiliate or vendor, you confirm that:
      1. You are legally capable of entering into binding contracts;
      2. You are accessing our site from the location identified to us; and
      3. You are not a franchisor promoting on behalf of multiple franchisees.
   4. Our registration process allows you to check and amend any errors before submitting your details to us, and we ask you to take the time to read and check your details at each stage of the registration process, and to ensure that you read these Terms of Use and our EULA carefully.
   5. At registration, you agree:
      1. To provide true, accurate, current and complete information about yourself as prompted by the Service registration process (“Registration Details”);
      2. That, in providing such Registration Details, you will not knowingly omit or misrepresent any material facts or information (including without limitation in relation to your identity or age);
      3. That you will advise us promptly of any changes to your Registration Details (including, but not limited to, your current email address) as soon as they change.
   6. When you submit your Registration Details to us, we will send you an email confirming receipt of your Registration Details, but this does not require us to accept your registration for the Service (see clause 5 below).
   7. When you register to use the Service, designed to relate to your own personal tasks and activities, you agree not to allow another person to use your Subscription, as in reality it would be of limited use by anyone else. You agree that you are solely and entirely responsible for keeping safe and confidential the log-in details that you use to access the Service and consequently for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to keep those details secure. We are not liable for any charges, damages, liabilities or losses caused by or related to the theft or misuse of those details or you allowing another person to access and use the Service with your details, as opposed to through their own Subscription.
   8. You will not use the App or submit or share any Content via our Service that violates any law or other regulation applicable to you or us, or which may reasonably be considered as misleading, likely to take unfair advantage of another User, or is obscene, indecent, pornographic, racist, discriminatory, offensive, derogatory, harmful, abusive, hateful, defamatory or similar.
   9. You are solely and entirely responsible for any and all use of your account, including any charges incurred relating to the Service. You agree immediately to notify us of any un-authorised use of your account, or any other breach of security known to you.
   10. You acknowledge that the complete privacy of your data and messages transmitted over the internet while using the Service cannot be guaranteed.
   11. Your access to the Service may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as we reasonably can.
   12. The Service does not include the provision of computer or other necessary equipment to access the Service. To use the Service you will require internet connectivity and appropriate telecommunication links. We will not be liable for any telephone, internet or other costs that you may incur.
   13. Registration for the Service is conducted in the English language only at the present time.
3. USE OF THE APP
   In relation to your download and use of the App and the Service, the license granted to you is limited to a non-transferrable license for use of the App on a mobile device that you own or control, in accordance with these Terms of Use.
4. HOW WE USE YOUR PERSONAL INFORMATION
   Please refer to our Privacy Notice about how we collect, store and process personallyidentifiable information. We will only use this information in accordance with our notice, the current version of which is available at: www.thedon.online/privacy. We are a ‘data controller’ within the meaning of relevant data protection laws. Please take the time to read our Privacy Notice, as it includes important information which applies to you and about your rights.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
   1. After you register on the App, you will receive an email from us acknowledging that we have received your Registration Details. However, please note that this does not mean that your registration has been accepted. Our acceptance of your registration will take place as described in clause 5.2 below.
   2. We will confirm our acceptance to you by sending you an email confirming that your registration as a registered user of the App has been accepted (“Registration Confirmation”). The Contract between us will only be formed when we send you the Registration Confirmation.
6. ADDITIONAL OBLIGATIONS FOR REGISTERED USERS
   1. By registering to use the Service, you acknowledge and agree that:
      1. By giving us details and other information, you grant us a royalty-free, perpetual, irrevocable and non-exclusive right and licence to use, reproduce, distribute, display, modify and edit that information and any Content, to include about your use of the App in connection with the Service for the purposes of our business and promoting our interest.
      2. We retain the right at our sole discretion to remove from our website, from the App or to edit any Content at any time; and
      3. You will not use the Service or the App to promote or advertise any business from the user functions within the App, whether such business is owned by you or a third party, but should you wish to become an affiliate or vendor, please contact us.
   2. You further agree that you will indemnify and keep us indemnified against any and all actions, costs, claims, demands, damages, expenses (including legal fees), liabilities, losses and proceedings in connection with your breach of these Terms of Use and/or our EULA (including but without limitation any breach of the provisions of this clause 6), or any claim by a third party in connection with such a breach.
7. SUBSCRIPTION
   1. We offer Basic and Pro levels of subscription to the Service (“Subscription”), the details and benefits of which are provided at the time of registration for the App and are also available on our website.
   2. Costs of a Subscription are deemed to include all VAT or applicable sales tax.
   3. Subscription fees are calculated annually and payable annually or in equal monthly instalments; up-front payments will benefit from a circa 20% discount.
   4. Payments will be made via the respective app store, on in-App by setting up a regular direct debit instruction with your bank or payment card; it is your responsibility to ensure that your payment or card details are accurate and up-todate; if your payment details change, please update you payment information to ensure there is no interruption in your availability of the Service.
   5. Your Subscription will roll on an auto-renewal monthly basis and therefore if you do wish to cancel, this must be confirmed not less than 24 hours prior to the due date for your next payment, in which case your Subscription will end at the end of that month; if you provide less than 24 hours’ notice, your next payment will be taken and your Subscription will not end until the following month. You will not be able to cancel a Subscription during the active period. You can manage your Subscription through the subscription feature in-App.
   6. You accept and acknowledge that non-payment or late payment may cause the Service to be interrupted or your use of the App suspended.
8. CONSUMER PROTECTION AND CANCELLATION RIGHTS
   1. We offer our services to consumers, defined as a person acting wholly or mainly outside of their trade, business, craft or profession; as such we are required to provide you with certain items of pre-determined information, under consumer law. As provision of the Service is at a distance, we take it that you are content to be provided with that information electronically, as opposed to on paper or in another durable medium; however, if you would like to receive that information in a durable form, please contact us.
   2. You are entitled to exercise certain cancellation rights, in relation to the Service; you may do so at any time within 14 days from the Service being available under clause 2.1; effectively, a ‘cooling-off period’; however, as you accept that use of the App will be available to you, even if you cancel, we will be entitled to retain the initial monthly fee, reflecting such availability.
   3. If you do wish to cancel, you can do so by making a clear statement that you do so; although this can be in writing and there is a prescribed form that you can use, if you no longer wish to use the Service, we recommend that you simply confirm cancellation of your Subscription through the App, on your device.
9. OUR RIGHT TO VARY THESE TERMS
   1. We may vary or amend these Terms of Use or our EULA from time to time. Without limiting our reasons for doing so, this may arise from any changes in relevant laws and regulatory requirements.
   2. If we have to revise these Terms of Use or our EULA under clause 9.1, we will give you at least one month’s written notice of the changes before they take effect. You may choose to cancel the Contract in accordance with clause 10.2.
10. SUSPENSION OR CANCELLATION OF YOUR REGISTRATION AND/OR THE SERVICE
    1. Access to the Service is made available as soon as we send you the Registration Confirmation described in clause 5.2 above.
    2. You can cancel your registration at any time by informing us in writing. If you do so, you must stop using the Service immediately and continue to pay the remaining balance of your active Subscription.
    3. We may cancel the Contract:
       1. At any time by providing you with at least 7 calendar days' notice in writing;
       2. At any time with immediate effect by giving you written notice if you break the Contract in any material way and you do not correct or fix the situation within 5 days of us asking you to in writing.
    4. We make no warranty that your access to the App or its availability will be uninterrupted, notwithstanding any inconvenience this may cause; you accept and acknowledge that, from time to time, we may have to suspend the Service or the availability of the App if we have to deal with technical issues or complete updates, albeit we will look to keep any downtime to an absolute minimum given the purpose of the Service via the App. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
    5. As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or which are not as described. Nothing in these Terms of Use will affect these legal rights.
11. OUR STATUS AND YOUR RESPONSIBILITIES
    1. We may provide links via the App to the websites or applications of other businesses, whether affiliated with us or not; alternatively, these may be referred to in Content. We cannot give any undertaking that products or services you purchase from third parties following use of the App, or from businesses to whose website we have provided a link on our site, will be of satisfactory quality or will meet your specific needs. Those judgments will be for you to determine, based upon your own needs and requirements.
    2. We do not in any way vet or screen people who apply to become registered users of the App, and we do not check their identity; as such you are solely responsible for making your own judgments about anyone you may encounter or with whom you interact within The DON community.
    3. In relation to affiliates or links to other partners available via the App, it is up to you to determine whether:
       1. Any interaction, contact or similar with them is appropriate in order to meet your specific needs;
       2. To enter into any kind of arrangement or transaction with, or to complete a purchase from, any affiliate or vendor through the App; or
       3. To act on any opinions, recommendations or advice given by other registered users, and we do not accept any liability to you or any third party in this respect.
12. OUR LIABILITY TO YOU
    1. We make no representations as to the validity of any opinion, advice, information or statement contained in any of the Content. Any views expressed do not necessarily represent our views. You are responsible for checking the accuracy of relevant facts, information, instructions, suggestions and/or opinions given in any Content or to any application, website or resource to which you connect via the App, before relying on them.
    2. If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable, which shall be deemed to include consequential or indirect loss or damage. Loss or damage is foreseeable if they were an obvious consequence of our breach, or if they were contemplated by you and us at the time we entered into the Contract.
    3. As a user of the Service, you agree and acknowledge that, subject to clause
    4. we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    5. We do not exclude or limit in any way our liability for:
       1. Death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
       2. Fraud or fraudulent misrepresentation; and
       3. Any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13. WRITTEN COMMUNICATIONS
    Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices via the App. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This does not affect your statutory rights.
14. NOTICES AND COMMUNICATIONS
    All notices given by you to us must be given to The DON Solutions Limited and may be confirmed in writing, to include through the contact features through the App and/or our website. We may give notice to you via the App or at either the email or postal address you provide to us within your Registration Confirmation or where this is subsequently updated. Notice will be deemed received and properly served immediately when posted via the App, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
15. EVENTS OUTSIDE OUR CONTROL
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
    2. 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.
    3. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Use:
       1. We will contact you as soon as reasonably possible to notify you; and
       2. Our obligations under these Terms of Use will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our provision of the Service, we will restart the Service as soon as reasonably possible after the Event Outside Our Control is over.
    4. You may cancel the Contract if an Event Outside Our Control takes place and you no longer wish us to provide the Service to you. Please see your cancellation right under clause 10.2. We will only cancel the Contract if the Event Outside Our Control continues for longer than four weeks in accordance with our cancellation rights in clause 10.3.
16. OTHER IMPORTANT TERMS
    1. We own or license all intellectual property rights, including copyright and trademarks, in all material available via the App, our logo, get-up and brand and you agree and acknowledge that all copyright, trademarks and other intellectual property rights in such material made available as part of your use of the App or the Service shall remain at all times vested in us.
    2. You acknowledge that the publication of any text, images, symbols, logos, website code, files and other material which comprises Content, via the App, is our property and may be licensed.
    3. No part of the Content, our intellectual property or other information from the App may be used for any commercial purpose without obtaining a prior license from us to do so.
    4. In relation to user-generated Content, you grant us an irrevocable, transferrable, royalty-free worldwide license over it and acknowledge that we may use or reproduce such Content for our own purposes, to include for marketing.
    5. You agree not to interfere with, disrupt, damage or attempt to disassemble or reverse-engineer the App or any related software use in the provision of the App.
    6. You may download or print off extracts from the App for your own personal use or record but no further or other licenses are granted or implied.
    7. Your use of and access to the App and the latest Content must comply with all relevant laws and third party terms; for example, terms of use of any mobile internet connection, wireless data services or otherwise.
    8. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms of Use. We will always notify you in writing or by posting on this webpage if this happens.
    9. You may only transfer your rights or your obligations under these Terms of Use to another person if we agree in writing.
    10. This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
    11. Each sub-clause of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    12. If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    13. These Terms of Use are governed by English law. This means a Contract for the provision of the Service to you via the App and any dispute or claim arising out of or in connection with it will be governed by English law.
    14. You and we both agree that the courts of England and Wales will have nonexclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.