Easy, convenient and simple to use
Bring life to your stickers and personalise them in multiple ways.
Send a password protected message and restrict who views your message.
You can create a message, pick a time and chill! n-gage will do the rest.
Chat with friends across the world in over 45 languages.
Set a timer to your message and it will disappear in a Blink at the other end.
Regret sending a message? Take it back using Extract.
Get interactive with your TV, Radio, newspapers, magazines, posters and more.
Create your own password protected Private Area to hide all your secretive chats.
Expand your mind and take tips on health and nurture your lifestyle with Know.
Get creative and sketch your imagination with Doodle.
Spread happiness on special events by sending a personalised n-Card.
Give n-gage a new look and make it your own.
Set a date and time and invite up to 10 friends for a Group Video Chat.
For each of your friends use a different chat theme to reflect your friendship.
Create groups with up to 300 contacts. Also, exit threads without leaving the group.
Use of features on the n-gage app are subject to the n-gage terms of service which can be found here.
Communicate instantly with more than 5 ways to chat!
Chat with a friend in their language.
Plan your important messages in advance.
Draw what's on your mind.
Enjoy complete privacy for your chats and media with n-gage privacy chats.
Regret sending a message?
Leave no trace behind.
Keep all your secret friends, groups and chats hidden
Hide your media files for privacy and secrecy.
Bring your loved ones together. Create groups and chat with up to 250 contacts together.
Bring everyone together!
Spread the word! Broadcast you messages to 50 contacts in one go.
Spread the word! Broadcast you messages to 50 contacts in one go.
Video and voice calls can be made anywhere in the world for free with n-gage!
Why just stop at 1 person?
Bring life to your n-Stickers! Add personal emotions and enjoy a diverse range of quirky stickers only on n-gage.
Bring life to your stickers and personalise them.
Is buying greeting cards and sending them to everyone a task for you? Spread happiness on special events, moments and occasions, by sending a personalised n-Card.
Spread happiness on special events.
Send every greeting with your personal messages.
Get a level ahead in personalisation. Record your personal audio and wish your near and dear one’s.
Now you can let your emotions flow. Add a video to your n-Cards and bring cards to life.
Give your greetings movement. n-Cards also allows you to send animated cards.
Is it a task for you to buy greeting cards and send them to everyone? n-gage provides greeting cards for every celebration. Now that’s really easy!
Awesome ways to revamp your chats with n-gage Makeovers.
Put a different theme for each friend.
Revamp your n-gage everyday!
Get set fitness!
Let technology do the talking! Get the best experience ever in just one go. Trust us, its magic.
Get interactive with your TV, Radio, newspapers, magazines, posters and more.
Use of features on the n-gage app are subject to the n-gage terms of service which can be found here.
Your use of our services may involve the collection and use of your Information (as defined in clause 3 herein) by us. It is important for you to understand how this happens and how you may control it, so please read this Policy carefully.
If you wish to contact us regarding this Policy or any privacy-related matters, please contact us via email at firstname.lastname@example.org
This Policy applies across all of our services as defined in n-gage’s Terms of Service.
Please also note that this Policy does not apply to Information collected: (i) through third party services (including any third party websites) that you may access through our services; or (ii) by other companies and organizations who advertise their services through our services.
In providing our services, we collect, store and use the following information relating to you:
“Information” includes Personal Information, Non-Personal information, Location Data, Log Data and Shared Information; In certain cases you will be given the option to not provide us with your information, in which case, if you decide to not share information, certain features within the n-gage app may not be available to you.
"Personal Information" is any information or combination of information that relates to you, and can be used to identify you. Personal Information may include, but will not be limited to the following:
• information you make available to us when you open an account or use our services, such as your name, telephone number, gender, date of birth, mobile device information and email address;
• information which you make available to our services as you use them, including Shared Information you make available to others through our services and information you store using our services; the contacts and their details as listed in your address book and/or phone book on your mobile device.
• shared Information that others using our services make available about you, such as information contained in posts they make and communications they make to you and others using our services;
• information we collect as you use our services, including but not limited to certain Location Data and Log Data.
• Sensitive personal data relating to your racial or ethnic origin, political opinions, religious beliefs or other beliefs of a similar nature, membership of trade unions, physical or mental health or conditions, sexual life information or any details of the commission or alleged commission of any offences by you or any order, judgement, sentence passed in relationthereto.
“Location Data” is information that we collect regarding your location (when you use a location-enabled service), including:
• the location of your device when you use our services, such as from the GPS, WiFi, compass, accelerometer or other sensors in your mobile device;
• the IP address of the device or internet service you use to access our services,
• other information made available by you or others that gives an indication as to where you are or have been located, such as account information that indicates where you are located and Shared Information you or others post indicating your location, such as any geotag information that is embedded in any photos you make available to us; and
• technical information such as your mobile carrier, configuration information made available by your web browser or other programs you use to access our services, your IP address and your device’s version and identification number,
• information about the state of your device if the n-gage app crashes such as Device Model, Device orientation, whether location services are active, operating system version, amount of memory free, amount of storage free and the amount of battery percentage.
• information about what you have searched for and looked at while using our services, such as web search terms used, social media profiles visited and details of other information and content accessed or requested by you in using our services;
• information about communications you have made using our services, such as the people you’ve communicated with and the time, date and duration of your communications; and
• metadata, which means information related to items you have made available through our services, such as the date, time or location that a shared photograph or video was taken or posted.
“Non-Personal Information” is any information that relates to you but from which it is not practicable to directly or indirectly identify you, including Personal Information in aggregated, anonymised or pseudoanonymised form.
“Shared Information” is information about you or relating to you that is voluntarily shared on our services, including postings that you make on our services (including your public profile, the lists you create, last seen information, status updates, uploaded images), any postings from others that you re-post and including Location Data and Log Data associated with these postings. Shared Information also includes information about you (including Location Data and Log Data) that others who are using our services share about you.
We may use your Information for any of the following purposes:
• to provide and maintain our services to you;
• for customer service, security, fraud-detection, archival and backup purposes in connection with the provision of our services;
• to provide you with advertising and direct marketing that is more relevant to you (as discussed in more detail below under the “Direct Marketing” section in the terms of service;
• to provide you with more relevant content that is in line with your interests;
• to better understand how you access and use our services, for the purposes of trying to improve our services and to respond to your desires and preferences, including language and location customisation, personalised help and instructions, or other responses to your and other customers’ usage of our services;
• to help us develop new services and improve our existing services;
• to keep you, your friends and the contacts listed in your address/ phone book on your mobile device informed and updated on any our new products and services;
• to assess the effectiveness of and improve advertising and other marketing and promotional activities on or in connection with our services when your account is subscribed to an official account; and
• to allow you to participate in surveys about our products and services. If you participate in a survey, we may request certain personal information from you. Participation in these surveys is voluntary and you therefore have a choice whether or not to disclose this information.
We may use a third party service provider to conduct these surveys and such third party service provider will be prohibited from using your personal information for any purpose other than conducting the survey.
To use our services, you will have to provide us with a mobile telephone number that is valid within your country of residence. You expressly acknowledge and agree that we may periodically access your contact list and/or address/phone book and all its details on your mobile device to find and keep track of mobile phone numbers of other users and non-users of our services. For instance, when you register with us, the contacts listed on your mobile device may receive an invite to download the app and register with us. The invite/message to your contacts may appear as an SMS/message from your name/the mobile number you have registered with.
Please note that for the purposes of seeking to provide our users with a better experience, to improve our services or otherwise where you have consented, Personal Information collected through our services may, subject to user privacy controls (where available), be used by our other services (including in an aggregated or individualised manner).
For example, Personal Information collected during your use of the Site may be used to suggest particular content that can be made available to you on the n-gage App or be used to try to present more relevant advertising to you. You may also be able to use, migrate or export your Personal Information contained in one of our services to another of our services, where such option is available.
If any of your Personal Information comprises of Your Content (as defined in the n-gage Terms of Service), we and our affiliate companies may, subject to this Policy, use such Personal Information in accordance with the “Your Content” section of the n-gage Terms of Service.
Other than as permitted under this Policy or as otherwise consented to by you, we will not pass your Personal Information to any other third parties for their processing for any purposes.
We and our affiliate companies may share your Personal Information within our group of companies and with joint venture partners and third party service providers, contractors and agents (such as communication service providers who send emails or push notifications on our behalf, and mapping services providers who assist us and you with location data), in each case, for the purposes of: (i) providing and maintaining our services to you; (ii) assisting us in carrying out the purposes set out under clause 4 above; (iii) carrying out our obligations and enforcing our rights under the n-gage Terms of Service or this Policy; and/or (iv) help understand and improve our services. These third parties may be located, and use and store your Personal Information, outside of your jurisdiction for these purposes.
Where we or our affiliate companies do share your Personal Information with any third parties, we will use reasonable efforts to ensure that such third parties only use your Personal Information: (i) in compliance with this Policy; and (ii) subject to any other instructions we give them, including any appropriate confidentiality and security measures that we implement.
You consent to the third party use, sharing and transfer of your Personal Information, both inside and outside of your jurisdiction, as described in this Policy.We will not transfer your personal data and content to third party or affiliate in any country or territory unless that country or territory ensures an adequate level of protection for your rights and freedoms in relation to the processing, storing and retention of personal data.
We allow third parties such as analytics providers to collect your Personal Information over time and across different websites or online services when you use our services.
Our services allow for Shared Information to be shared publicly with all users of that service and not just your contacts. Your “last seen” and status submission will be seen by all users of the n-gage app and not just your contacts, unless expressly blocked by you. Our services in particular are primarily designed to help you share Shared Information with the world via features either provided by us or third parties, so Shared Information can be broadly and instantly transmitted and will remain public for as long as you do not delete it.Please note that even after you delete Shared Information, it may still be separately cached, copied, or stored by, or remain public through, other users or third parties who are not affiliated with and not controlled by us.
Please consider carefully what you post and communicate through our services. Do not submit and share information that you would not want to be viewed publicly and globally. Any information you share will be at your own risk. In some instances, you may control what access the wider public has to your Shared Information via the privacy settings in some of our services. To request the removal of an unauthorised account, please contact us at email@example.com.
Newsletters and other types of communications
When you use our service, we may use your Information to send you emails, newsletters, articles, text messages, in app messages or push notifications to your device.
We may from time to time send you service-related announcements when we consider it necessary to do so (such as when we temporarily suspend one of our services for maintenance). You may not opt-out of these service-related announcements, which are not promotional in nature.
In some jurisdictions, certain Personal Information, such as information about your race or ethnic origin, religious or philosophical views or personal health, is characterised as “sensitive” and is subject to stricter regulation than other personal information. Please note that the content and Information that you input to our services, such as photographs or information about your school or social activities, may reveal your sensitive Personal Information to others.
We urge you to consider whether it is appropriate to communicate Personal Information of a sensitive nature in the manner you are proposing to communicate it using our services.
Our service may link you to, social media or other services (including websites) provided by a third party. For example:
• we may (whether in advertisements or otherwise within our services) provide you with links that allow you to access third party services or websites.
As contained in n-gage’s Terms of Service, children under the age of 13 are not allowed to use our services. We do not knowingly collect Personal Information from any children under the age of 13. Please contact us at firstname.lastname@example.org if you believe we have any Personal Information from any children under the age of 13 and we will promptly investigate (and remove) such Personal Information. We reserve the right to delete or deactivate an account of a user who is found to be under the age of 13. Upon such deactivation, all Information shared by users shall be permanently deleted.
We operate and may continue to operate servers in a number of jurisdictions around the world, so the server on which your Personal Information is used and stored may not be in your jurisdiction.
We use a variety of security technologies and procedures for the purpose of preventing loss, misuse, unauthorised access or disclosure of Information.
In our service, we use encryption technology to protect certain sensitive Information (such as location data) provided by you to us. Please be aware that despite our efforts, no data security measures can guarantee 100% security at all times. Our systems and the communications networks through which you access our services may be subject to security breaches and failures which are due to circumstances beyond our reasonable control. If you have any questions regarding the security of your Personal Information, please contact us at email@example.com.
The messages sent by you to any other user of the n-gage app shall be stored for a period of seven (7) days, once received by the other user. If the message has not been delivered to the user as a result of him being offline, then the message remains on the server for a period of forty five (45) days, after which it will be deleted.
The personal information shared by you at the time of time of your registration for our services will be stored by us for a fixed period of time, after which it will be permanently deleted. By using our services you expressly consent that your personal information may be used by us and our affiliate companies for a period of ten years, whether or not your account may have been terminated. We store your personal information for sending you and your contacts information about any improvements, enhancements and updates in our existing services and any new services and products launched by us, which in our opinion, may be of interest to you or which may help to bring you back to our services, should you have terminated your account with us. You and your contacts will be given the option to opt-out of such promotional and marketing messages. If you and/or your contacts choose to opt out, you will no longer receive any of our marketing and advertising promotional messages and we will permanently delete your personal information held by us.
Subject to the provisions set out under 6 and 12 herein and applicable laws and regulations, we will only use your Personal Information to fulfil the purposes as set out in this Policy.
Subject to applicable laws and regulations, you may have the right to request to receive a copy of and make any corrections to your Personal Information which we hold, and to request that we deactivate and not use any of your Personal Information that is stored by us. You may direct such a request to us, or where we offer this option in our services, you may also log into your account with us and make the appropriate changes. We will respond to all requests made to us within 40 working days.
It is important to note that, even after your account may be terminated with us, for whatever reason, communications made by you using our services may put your Personal Information in the hands of third parties that we cannot control.
Version 2: last updated on- 22nd May, 2015
Your use of the n-gage App and site (“services” or “our services”) is subject to these Terms.
“n-gage App” means the n-gage mobile and computer Application, including the n-gage Messenger and all the content, information and data provided by us through the n-gage Messenger and includes any upgrades to the n-gage Application and any other software, n-gage App or documentation which enables the use of the n-gage App to be used on Android or Apple devices.
“Site” means www.n-gage.com and includes any upgrades and any other software or documentation which enables its use.
By using our services, you are agreeing to be bound by these Terms of Service between you, a user of our services and Your Wellness Group Limited, Company no.8563608, with our registered office at 3 Montpelier Avenue, Bexley, Kent, DA5 3AP (“n-gage”, “we”, “our” and “us” and other related pronouns)
If you are under the age of 13, you must not use our services. If you are between the ages of 13 and 18 (or the relevant age in your jurisdiction where you are considered a minor), your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use our services. If they do not agree to these Terms, you must not use our services.
If you are using our services on behalf of a company, partnership, association, government or other organisation (your “Organisation”), you warrant that you are authorised to do so and that you are authorised to bind your Organisation to these Terms and in such circumstances “you” will include your Organisation.
We may translate these Terms into multiple languages, and in the event there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent permitted by applicable law).
The following are additional policies that you must comply with in using our services:
Additional country-specific terms
If you are a citizen or a habitual resident of the following countries, the following country-specific terms will also apply to your use of our services:
USA Specific Terms:
If you are a user of our services in the United States of America, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.
If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Australia Specific Terms:
If you are a user of our services in Australia, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.
All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms or their subject matter, not contained in these Terms, are excluded from these Terms to the maximum extent permitted by law.
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot lawfully be excluded, restricted or modified.
If any guarantee, condition, warranty or term is implied or imposed by any applicable law and cannot be excluded (a “Non-Excludable Provision”), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
To the extent that any additional terms of service or policies are different from these Terms, the relevant additional terms of service or additional policies will apply, except that nothing in those additional terms of service or policies will (unless expressly indicated otherwise in those additional terms of service or policies) amend the following sections of these Terms (which will apply in the event there is any difference):
However, to the extent that any country-specific terms differ from these Terms or any additional terms of service or policies, the relevant country-specific terms will apply, regardless of which section of these Terms is in question.
We may make changes to these Terms over time, so please come back and review them.
In addition, as our services and user experience are constantly evolving, we may from time to time (and to the extent permitted by applicable law) add, change or remove features from our services (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether.
Where we consider that any changes to these Terms or our services are reasonably material, we will notify you (via www.n-gage.com, by direct communication to you, or other means), By continuing to use our services after we make any changes to these Terms or our services, with or without notice from us, you are agreeing to be bound by the revised Terms.
Subject to the Terms and your compliance with the Terms hereof n-gage shall grant You a license to use the n-gage App and related services provided that (a) You shall use the n-gage App solely for Your personal and lawful purposes only; (b) You shall not, nor allow third parties on Your behalf (i) to resell or charge others for use of the n-gage App (ii) to duplicate, disassemble, decompile, transfer, exchange or translate the n-gage App, create derivative works of the n-gage App of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the n-gage App; and (c) You warrant to otherwise comply with the terms and conditions of this Agreement (the “License”).
For avoidance of any doubt this License is a personal, nonexclusive, non-transferable, non-sub licensable, revocable and a limited license to download and use the n-gage App on a mobile or computer device that You own or control.
n-gage reserves the right at any time and from time to time to interrupt, restrict (without cause and without notice to You), modify or discontinue, temporarily or permanently, the Site, and/or the n-gage App (or any part thereof) with or without any notice. You agree that n-gage shall not be liable to You or to any third party for any modification, suspension or discontinuance of the n-gage App or the Site.
You will need to create an account with us in order to access and use some of our services. To register for our services you must use a mobile telephone number valid within the country of your residence.
Any account you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name, user ID and other identifiers you adopt within our services remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.
You are responsible for: (i) safeguarding any passwords used to access your account and our services, and (ii) all use of our services under your account. You must promptly notify us at firstname.lastname@example.org if you know or suspect that your password or account has been compromised.
We reserve the right at any time, with notice to you, to immediately permanently discontinue or delete your account with us for your non-compliance with the n-gage Acceptable Use Policy.
Once you have downloaded the n-gage App, you can message, chat with and call any other n-gage App user free of charge. In addition, you are offered the opportunity to access additional features and become a premium user on payment of certain charges from time to time. You may become a premium user by purchasing the additional features in-app or through the website. If you are acquiring the premium features for a fixed period of time, then the license set out above for use of such premium features applies only for the time period for which you have paid the requisite charges or fees. Your license to use the premium features after the expiry of such time period is conditional upon further payment of the requisite fees or charges. We will notify you seven (7) days prior to the expiry of the time period for which you have paid the requisite charges and fees. You must comply with the terms of payment as contained herein in relation to your payments with us.
If you choose to access certain additional features and become a premium member you must provide your name and billing information so that your payment for the use of such additional features can be processed.
A valid credit card is required for all paying accounts. The premium feature will be billed in full in advance. There will be no refunds or credits for partial months of use of the premium feature or refunds for months unused with an open account.
You may also make a payment for using the additional features on the Site. In order to purchase the premium features, you will be required to provide your credit card information and other details in order to process the payments. We make use of encryption technology to protect your personal information and take appropriate measures to comply with the relevant data protection laws.
Once the payment for a premium or additional feature has been processed, you will be able to immediately access and use such a feature.
If you believe that we have charged you in error, you must contact us within thirty (30) days of such charge. No refunds will be given for any charges more than 30 days old.
We reserve the right to refuse a refund request if we reasonably believe (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same product or feature; (ii) if you are in breach of the terms of this License; or (iii) if we reasonably suspect that you are using any of our products fraudulently or that your User Account is being used by a third party fraudulently.
When you submit, upload, transmit or display any data, information, media or other content in connection with your use of our services (“Your Content”), you understand and agree that:
You understand that even if you seek to delete Your Content from our services, it may as a technical and administrative matter take some time or not be possible to achieve this. We will not transfer your personal data and content to third party or any affiliate in any country or territory unless that country or territory ensures an adequate level of protection for your rights and freedoms in relation to the processing, storing and retention of personal data.
Responsibility for Your Content
You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times. You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or organisation or otherwise contravene any applicable laws or regulations.
We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by our services, including content provided by other users of our services or by our advertisers. You acknowledge and agree that by using our services you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from our services by you is at your own risk. Your use of our services does not give you any rights in or to any content you may access or obtain in connection with your use of our services.
We also do not guarantee the quality, reliability or suitability of any third party services provided, made available or linked through our services and we will bear no responsibility for such third party services. If you access third party services through our services, you must comply with any terms and conditions applicable to those services.
We may review (but make no commitment to review) content or third party services made available through our services to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, breach copyright laws, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of our services.
There may be, from time to time, third party content and services on our services that are subject to further terms, including terms from the relevant third party that originally produced such content and services (for instance, the news agency that was responsible for writing a news article that then appears on our news service). In such cases, you agree to comply with any such further terms and conditions as notified to you.
If you have any concerns regarding any content on or any other aspects of our services, please contact email@example.com
We may use your information for the purpose of sending you advertising or direct marketing (whether by messaging within our services, by email or by other means) that offer or advertise products and services of ours and/or selected third parties. Such products and services include:
Please note that we will not share your personal information with advertisers unless you have given us your consent to do so. We do, however, share non-personal information with advertisers for the purposes of offering you advertising that is more relevant to you.
All intellectual property rights in or to our services and software (including any future updates, upgrades and new versions) will continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks or product names (for example, “n-gage”, “Lifeseeds”, “Wavemarc”, etc.), logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding our services are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.
Where our services involve you downloading and using any software from us, we grant you a limited, personal, non-exclusive, non-sub-licensable, non-transferable, royalty-free and revocable license to use the software in order to use our services in accordance with these Terms (including any specific technical requirements that relate to the software or its use on your particular device).
You may not copy, modify, reverse, compile, reverse, engineer or extract source codes from our software, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from our software, you will first contact us to request the information you need.
We may from time to time provide updates to our software. Such updates may occur automatically or manually. Please note that our services may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of our software, or that such updates will continue to support your device or system.
The “Third Party Content and Services” section above applies to any software supplied by third parties (including but not limited to any software, plug-ins, tools, codecs, data and content within such software) for use in connection with, or incorporated within, our services ("Third Party Software"), including your use of such Third Party Software.
In addition to that section, please note that we are not responsible for and we do not endorse, support or guarantee the quality, reliability or suitability of any such Third Party Software. Any reliance on or use of such Third Party Software is at your own risk.
You must comply with any additional terms and conditions applicable to any such Third Party Software. We will notify you of any such additional terms and conditions within our services, within an Appendix to these Terms and/or in another manner.
We do not provide any technical support for any Third Party Software. Please contact the relevant supplying third party for such technical support.
Further to the "Third Party Software" section above, our services may use software that is subject to “open source” licenses (the “Open Source Software”). Where we use such Open Source Software, please note that:
We warrant to you that we will provide our services using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATION, ALL OF OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES NOR ANY OF OUR DIRECTORS AND OFFICERS MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO OUR SERVICES, OUR SOFTWARE OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY OUR SERVICES, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT OUR SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT OUR SERVICES OR SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT OUR SERVICES OR SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATION, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, THE GENERAL END USER LICENCE AGREEMENT OR OUR SERVICES OR SOFTWARE, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS: (I) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF OUR SERVICE OR SOFTWARE TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND (II) GBP25 (Twenty Five pounds Sterling).
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE IN CONNECTION WITH THESE TERMSOR OUR SERVICES OR SOFTWARE FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORISED USE OF OUR SERVICES OR SOFTWARE; (VI) YOUR USE OF OUR SERVICES OR SOFTWARE IN BREACH OF THESE TERMS OR THE GENERAL END USER LICENCE AGREEMENT; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY. NOR WILL WE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
Nothing in these Terms limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE THAT YOU (AND YOUR ORGANISATION, IF YOU ARE USING OUR SERVICES OR SOFTWARE ON BEHALF OF SUCH ORGANISATION) INDEMNIFY US, OUR PARTNERS AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND LAWYERS’ FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF OUR SERVICES OR SOFTWARE; OR (II) YOUR BREACH OF THESE TERMS OR ANY TERMS OF THE GENERAL END USER LICENCE AGREEMENT.
Please note that we are not responsible for any third party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of our services or software.
This Agreement commences on the date You accept these Terms, that is, on the date you download and install the n-gage App on your particular device. n-gage may terminate or suspend your use of the n-gage App or the Site at any time in its discretion, without notice to You.
These Terms will apply to your use of our services until access to the relevant services is terminated by either you or us.
We may suspend or terminate your access to your account or any or all of our services: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of our services creates risk for us or for other users of our services, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use our services for a prolonged period; or (iv) for any other reason. Where reasonably practicable, we will give you notice of any suspension or termination.
The Contract is binding on you and us and on our respective successors and assigns.
You shall not transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
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 events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
These terms and conditions and any document expressly referred to therein represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
You and we each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of a Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
The headings in these terms and conditions are for convenience only and have no legal or contractual effect. These terms and conditions operate to the fullest extent permissible by law.
If any provision of these terms and conditions is found to be unlawful, void or unenforceable, that provision is deemed severable from these terms and conditions and does not affect the validity and enforceability of any remaining provisions.
We have the right to revise and amend these terms from time to time.You agree that at any point of time, you will be subject to the Terms as last revised and in force.
These Terms are the entire agreement between you and us in relation to our services. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable law, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.
Except to the extent that: (i) any applicable additional terms incorporated into these Terms provide differently, or (ii) the applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court (or similar court), these Terms and any dispute or claim arising out of or in connection with these Terms will be governed by the laws of England and Wales.
This Agreement shall be governed by the laws of England and Wales. You irrevocably consent to the exclusive jurisdiction of courts in England, for all disputes arising out of or relating to this Agreement.
If you have any concerns about this Terms of Service you may contact us via email on firstname.lastname@example.org.
Version 2: last updated on- 22nd May, 2015
A cookie is a small file containing a string of characters that is placed on your computer, mobile phone or other device when you access a website or other web content. Web beacons are electronic image files or other technologies that may be embedded within websites or emails that may be used to keep count of visitors, record when and if an email or website is viewed, or access certain cookies.
We and our third party tracking-utility partners may use log files to gather certain information automatically and store it in log files. This information may include but is not limited to internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We and our third party tracking-utility partners may from time to time gather certain Information automatically via such cookies and web beacons and store it as Log Data.
We use our own cookies and web beacons to personalise your experience on our services and for various other purposes, including:
• remembering you. For example, cookies and web beacons can help us identify you as a registered user of our services or keep the preferences or information that you have previously provided;
Please note that we use our cookies, log files and web beacons for these purposes, listed above, but may make certain aggregated Non-Personal Information obtained through these cookies and web beacons available to advertisers and other partners to analyze how you and others use our services and to serve advertising.
If you do not wish to have this Non-Personal Information used for the purpose of serving you targeted advertisements on your device, you may opt-out by uninstalling the app from your mobile and/or computer device.
We further describe how we use specific types of cookies below. Some or all of these cookies may be stored in your browser.
Your browser may enable you to block or manage cookies or web beacons. However, please remember that if you block cookies, we may not be able to provide you with the optimal experience through our services and some of our services may not function properly.
• Authentication - these cookies notify us when you access our services, so as to enable us to provide suitable services and experiences to you.
• Security - we use such cookies to ensure the security of your Information and our services, and to prevent fraudulent, criminal or other suspect activities.
• Functionality - we use such cookies to perform and improve the functions of our services.
• Analysis and Research - we use such cookies to follow up and improve our services and provide us with reference data for research and development of new services or functions.
If you have any concerns about this Cookies Policy you may contact us via email on email@example.com
Version 1: dated- 22nd May, 2015
We provide services for our users to use and enjoy. By using our services, you agree to this Acceptable Use Policy, which sets out the rules of good behaviour applicable to your use of our services.
Should you have any questions about, or any person’s compliance with, this n-gage Acceptable Use Policy, please contact us at firstname.lastname@example.org.
Any terms used in this Acceptable Use Policy will have the same meaning as the equivalent defined terms in our n-gage Terms of Service, unless the context requires otherwise.
In addition to and without limiting anything in our n-gage Terms of Service, you agree that you are entirely responsible for any content that you post, submit, transmit, distribute or upload through our Service. Any use or reliance on any content by you is at your risk and we have and shall not accept any liability for any content posted, submitted, uploaded or transmitted by you or other users like you.
We take the safety of our users very seriously. We strongly urge everyone to report suspicious people and sensitive content when they come across it on the n-gage App. You can notify us of any suspicious users or objectionable content by clicking on the Report button located within the n-gage App or by contacting us via the “contact us” link within the n-gage app along with a brief description of the problem faced by you. You may also write in to us at email@example.com. We take significant efforts to make sure that the interactions encountered on the n-gage App are done so in a safe manner.
You agree not to engage in any of the following prohibited activities on or in relation to our services, or allow any person to use your account with us to do the same. Engaging in the following activities or allowing any other person to engage in the following activities through your account with us, shall result in your account being permanently deleted or discontinued. Further, you will be prohibited from using our services in the future:
• impersonate any person or misrepresent your affiliation with any person or entity in registering an account (including by creating a misrepresentative account name or accessing another user’s account) or in making any communications or sharing or publishing any content or information using our services;
• Please also note that this Policy does not apply to Information collected: (i) through third party services (including any third party websites) that you may access through our services; or (ii) by other companies and organizations who advertise their services through our services.
• send any unsolicited, unauthorised spam (such as spam comments in our social media services), advertising or promotional messages, or any other commercial communications;
• submit, upload, transmit or display, through our services, any content (whether displayed publicly or not, and whether displayed directly or indirectly to any other users) which in fact or in our reasonable opinion:
• misuse religious stickers, cards, or themes downloaded from the app
• misuse or make hateful, harassing, abusive, racially or ethnically offensive, defamatory, humiliating comments relating to the content within the “Know” area of the app
• violate any applicable laws or regulations, including credit card fraud or bank account fraud;
• engage in any illegal or potentially illegal (as determined by us) activities or transactions, including sale of any illicit drugs or money laundering;
• gamble, provide gambling information or entice others to engage in gambling through any method;
• use or exploit any of our intellectual property rights (including our trademarks, brand name, logo, any other of our proprietary information or the layout or design of any page), or otherwise infringe on any of our intellectual property rights (including attempting to reverse engineer any applications or software used to access our services);
• access any of our services, collect or process any content made available through our services, send or redirect any communications through our services, in each case, through the use any automated bots, software, engines, crawlers, scrapers, data mining tools or the like, or attempt to do any of the foregoing;
• engage in any “framing,” “mirroring,” or other techniques directed at simulating the appearance or function of our services.
• use our services for any commercial purpose or for the benefit of any third party, except as permitted by the n-gage Terms of Service;
• interfere with, or attempt to interfere with, any user’s or any other party’s access to our services;
• intentionally distribute viruses, worms, Trojan horses, corrupted files or other malicious code or items;
• share or publish any other person’s personally identifiable information using our services without their express consent;
• probe or test the vulnerability of, or otherwise circumvent (or attempt to circumvent) any security features on, our services, our systems or the systems of other users;
• decompile, reverse compile or reverse engineer of the software used to provide our services, or seek to do any of the foregoing, except to the extent that applicable laws and regulations do not allow us to prevent you from doing this;
• create multiple accounts for disruptive or abusive purposes; or
• engage in any other activity that encourages any person or entity to breach the n-gage Terms of Service (including this n-gage Acceptable Use Policy).
You may not register for or use our services if:
• You have been convicted of any child abuse offence or sex offence;
• You are less than 13 years of age; or
• We have previously terminated your account and advised you that you may no longer use our services.
If you have any concerns about this Acceptable Policy you may contact us via email on firstname.lastname@example.org.
Version 2: last updated on- 22nd May, 2015