Introduction

Terms of use for the online services (Application) of Patch App Ltd, incorporated through The Registrar of Companies for England and Wales under the Companies Act 2006 with company number 12815239 ("Patch, application, we, our, or us"). This page explains the terms by which you may use our services, web site, and software provided on or in connection with the service (collectively the "Service"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Use ("Terms") and to the collection and use of your information as set forth in our Privacy Policy and Cookie Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").

We may make changes to these Terms from time to time. When we do, we will revise the "last updated" date given above. It is your responsibility to review these Terms and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published to www.patch.app/terms our Services will constitute your acceptance of such revised Terms. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. In the event there is a discrepancy between this English language version and any translated copies of the Terms of Service, the English version shall prevail.

Use of Our Service

Who can use our Service? You may use the Service only if you can form a binding contract with Patch, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by Patch.

Creating and using an account: Your Patch App account gives you access to the services and functionality that we may establish and maintain in our sole discretion. If a Patch App account is opened for a user on behalf of a company, organisation, or other entity, then (a) "you" includes you and that entity, and (b) you represent that you are an authorised representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf. You may never use another User's account without permission. When we create your account, you must provide accurate and complete information for us to do so. You must notify Patch immediately of any breach of security or unauthorised use of your account. Patch will not be liable for any losses caused by any unauthorised use of your account.

By providing Patch with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by contacting us via email to the support address: support@patch.app. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

License to Use our Services

Subject to these Terms, we grant to you a limited, personal, non-exclusive, non-transferable, freely revocable license to use the Service for your personal, non-commercial use and not for resale or further distribution and only as permitted by the features of the Service. Patch reserves all rights not expressly granted herein in the Service and the Application Content (as defined below). Including your User Content, the Service and all materials therein, including, without limitation, all intellectual property rights related thereto, are the exclusive property of Patch App Ltd. Our Services are protected by applicable intellectual property laws, including European copyright law and international treaties.

Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorise any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services or Patch Content; (ii) rent, lease or sublicense access to any of our Services or Patch Content; or (iii) circumvent or disable any security or technological features or measures of our Services.

Access to our Services

We do not provide you with the equipment to access our Services. You are responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet or telephone service providers).

Fees for the use of our Services

Charges are exclusive of taxes. You are solely responsible for (i) paying any additional taxes and government charges, and (ii) all reasonable expenses and attorneys fees we incur collecting late amounts.

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment methods used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred.

You may cancel a Patch subscription at any time; however, there are no refunds for cancellation. To the fullest extent permitted by law, refunds (if any) are at our discretion and only in the form of credit for our Services. In the event that Patch suspends or terminates your account or these Terms, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Any outstanding balance on your account becomes immediately due and payable upon termination of these Terms for any reason.

Nothing in these Terms obligates us to extend credit to you or any third party. You acknowledge and agree that any credit card and related billing and payment information that you provide to us may be shared by us with companies who work on our behalf, such as third-party payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to us and servicing your account. You may not create multiple accounts to simulate or act as a single account or otherwise access our Services in a manner intended to avoid fees. 

All Patch lessons expire at the end of the month and must be used within that month. To reactivate any sessions contact support@patch.app. 

Restrictions

You must comply with all applicable laws when using our Services. Except as may be expressly permitted by applicable law, or as Patch may authorise expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Service or compile or collect any Patch Content or other Users' User Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Service or to store, copy, modify, distribute, or resell any Patch Content or other Users' User Content ; (iii) rent, lease, or sublicense your access to our Service to another person; (iv) use any Service, Patch Content or other Users' User Content for any purpose except for your own use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Service; (vi) use our Service in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Service; (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Service, Patch Content or other Users' User Content; (viii) transmit spam, chain letters, or other unsolicited email; (ix) use the Service for any commercial solicitation purposes; or (x) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity.

Privacy Policy and Security

We collect registration and other information about you through our Services. Our collection and use of this information is governed by our Privacy Policy, available at www.patch.app/terms. We care about the integrity and security of the personal information of you and your employees. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Third Party Links

The Service contains links to third-party services (WhatsApp and YouTube) which may include other events or activities that are not owned or controlled by Patch. Patch does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you understand that these Terms and our Privacy Policy do not apply to your use of such sites. You expressly relieve Patch from any and all liability arising from your use of any third-party website, service, or content.

Use Policies and Service Rules

You will not use our Services to: (i) transmit any unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) transmit any content that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (vii) transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (x) "stalk" or otherwise harass another Users.

Trademarks

"Patch" the Patch logo, and any other product or service name or slogan displayed on our Services are trademarks of Patch App Ltd and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Patch App Ltd. You may not use any metatags or any other "hidden text" utilising "Patch App" or any other name, trademark or product or service name of Patch without our prior written permission.

Feedback

We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Services ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Patch does not waive any rights to use similar or related ideas previously known to Patch, or developed by its employees, or obtained from sources other than you. You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Services.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PATCH, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL PATCH APP LTD BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORISED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

PATCH APP LTD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT. 

The Service is controlled and operated from its facilities in the United Kingdom and the EU. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable to United Kingdom and EU local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United Kingdom or EU, or are a foreign person or entity blocked or denied by the United Kingdom or EU governments. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United Kingdom and EU.

 

What Information Is Collected?

Personally Identifiable Information: We collect Personally Identifiable Information (as defined below) only when you provide such information directly to us in connection with the Service. We ask for Personally Identifiable Information when we register for a User account with the Service, or if you correspond with us (in which case we will also retain our responses). Non-Personally Identifiable Information: We also collect and use information about your interactions with the Service in a manner and format that does not identify you as an individual ("Non-Personally Identifiable Information"). We may collect, use the following types of Non-Personally Identifiable Information such as analytics information. We use analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or application. We may collect and use this analytics information together with your Personally Identifiable Information to build a broader profile of our individual Users so that we can serve you better.

Cookies information: When you visit the Service, we may send one or more cookies -- a small text file containing a string of alphanumeric characters -- to your computer that uniquely identifies your browser and lets Patch help you log in faster and enhance your navigation through the site. Persistent cookies can be removed by following your web browser's directions. 

Log file information: Log file information is automatically reported by your browser each time you access a web page. When you use our Service, our servers automatically record certain log file information.

How Is Such Information Used?

Personally Identifiable Information: We may use the Personally Identifiable Information we collect or receive to communicate directly with you. We will occasionally email you updates about technology, announce new features, remind you of events, or inform you about other important news. You always have the option to unsubscribe to these messages. We also use your Personally Identifiable Information to send you Service-related emails (e.g., account verification, booking confirmations, changes/updates to features of the Service, technical and security notices). You may not opt out of Service-related e-mails.

Is The Information Shared or Disclosed?

Personally Identifiable Information: We will not rent or sell your Personally Identifiable Information to third parties outside Patch without your consent.

Non-Personally Identifiable Information: We will not share Non-Personally Identifiable Information, including information obtained through tools such as cookies with our third-party business partners. 

Updating or Deleting Your Personally Identifiable Information. You have certain rights in relation to your Personally Identifiable Information. You can contact us to amend your Personally Identifiable Information and confirm that it remains correct and up-to-date. If you would like further information in relation to your rights or would like to exercise any of them, you may also contact us via support@patch.app. If you reside or are located in the EEA, you have the right to request that we:

Provide access to any Personally Identifiable Information we hold about you. Prevent the processing of your Personally Identifiable Information for direct-marketing purposes. Update any Personally Identifiable Information which is out of date or incorrect; delete any Personally Identifiable Information which we are holding about you. Restrict the way that we process your Personally Identifiable Information. Provide your Personally Identifiable Information to a third party provider of services; or provide you with a copy of any Personally Identifiable Information which we hold about you. We try to answer every email promptly where possible, and provide our response within the time period stated by applicable law. Keep in mind, however, that there will be residual information that will remain within our databases, access logs, and other records, which may or may not contain your Personally Identifiable Information. Please also note that certain Personally Identifiable Information may be exempt from such requests in certain circumstances, which may include if we need to keep processing your Personally Identifiable Information to comply with a legal obligation. When you email us with a request, we may ask that you provide us with information necessary to confirm your identity. 

Other Web Sites and Services

We are not responsible for the practices employed by websites or services linked to or from the Service, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services.

Notice to Tutors

Under no circumstances should tutors offer private services to our clients. This would be a breach of the term of use.