We are Six by Nico Holdings Ltd (1st Floor, Pavilion 2. Junction 24 Business Park Glasgow G51 3AD) the creators of Six By You (referred to below as the ‘app’).
You must be a resident in the UK to use the app.

By downloading the app and completing the registration process, you are agreeing to the terms of this agreement which are legally binding. Please read it together with our privacy policy before you download and use the app. Only download the app if you have read the rules and agree to them.

If you do not agree to these terms, we will not allow you to use the app and you should not download it.

1 This agreement

• 1.1 We license you to download and use the app provided you follow all of the rules described in this agreement. The licence:
  • 1.1.1 is only for you personally and for non-business use;
  • 1.1.2 starts when you download the app; and
  • 1.1.3 covers content including news, offers, rewards, the vault, the Six community, bookings, recipes, events, features and experiences accessible from, the app including all of our support resources. It also covers updates to the app unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.
• 1.2 You do not own the app or any of its content but you may use it on devices that you own or control.
• 1.3 If you sell or give away the device on which you have downloaded the app, you must first remove the app from the device.
• 1.4 You are not allowed to:
  
  • 1.4.1 modify the app’s code in any way, including inserting new code, either directly or through the use of another app or piece of software;
  • 1.4.2 deliberately attempt to avoid or manipulate any security features included in the app; or
  • 1.4.3 pretend that the app is your own or make it available for others to download or use (including by way of copying the code of the app and creating an independent version).

2 Technical requirements

To use the app your device needs to comply with the following minimum requirements:

Device compatibility:

• iOS: iPhone devices with iOS 12.0 or higher
• Android: Devices running Android 7.0 (API level 24) or higher

Operating system:

• iOS: iOS 12.0 or higher (minimum system version specified in Info.plist)
• Android: Android 7.0 (API level 24) or higher (minimum SDK version from build.gradle)

Space:

• Minimum storage required: 100 MB of free storage space 

Other technical requirements:

• RAM: Minimum 2 GB RAM recommended
• Processor: ARM64 architecture required for iOS devices
• Internet connection: Stable internet connection required for app functionality
• Device capabilities:
  • Camera access (for photo features)
  • Location services (for location-based features)
  • Calendar access (for event reminders)
  • Photo library access (for saving files)
  • Face ID/Touch ID support (for secure authentication)
• Screen orientation: Portrait mode only
• Architecture: ARM64 support required for iOS devices

Support and contact

• 2.1 If you need to get in touch with us, you can use any of the following methods:
  • Email app@sixbynico.co.uk
  • Post Six by Nico Holdings Ltd 1st Floor, Pavilion 2. Junction 24 Business Park Glasgow G51 3AD
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• 2.2 If we need to get in touch with you, we will do so by email or an in-app notification.

3 Privacy and your personal information

Protecting your personal information is important to us. Our privacy policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint about how we are managing or using your personal information.

4 Collection of technical information

We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the app. If this information personally identifies you, we shall process it in accordance with our privacy policy. Otherwise, as long as it is in a form that does not personally identify you, we may use this information to improve products or to offer new rewards, offers, services, recipes, events, experiences and features to you.

5 Location data

• 5.1 The app makes use of functionality on your device that can pinpoint your location. We do this in order to recommend local events and restaurants to you based on your location.
• 5.2 When you open the app for the first time, and potentially at other times during your usage of the app (such as if you select to use a feature requiring location services and have previously opted out of location services), you will be asked whether the app can use your location and in what circumstances.
• 5.3 You can change your choices at any time in the app settings, or (depending on your device) in your device’s settings, and you can also turn the location services off at any time. The app will still function if location services are off, but its functionality may be reduced.

6 Acceptable use

• 6.1 You must not use the app to do, or assist others to do, any of the following things:
  • 6.1.1 break the law or encourage any unlawful activity;
  • 6.1.2 send or upload anything (including posts to the Six Community) that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
  • 6.1.3 infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);
  • 6.1.4 transmit any harmful software code such as viruses;
  • 6.1.5 try to gain unauthorised access to computers, data, systems, accounts or networks; or
  • 6.1.6 deliberately disrupt the operation of anyone’s website, app, server or business.
• 6.2 You must at all times comply with:
  • 6.2.1 the Acceptable Use Policy (available here: https://sixbyyou.co.uk/acceptable-use-policy/) which is part of this agreement;
  • 6.2.2 all applicable laws relating to the use or receipt of the app or any services from us; and
  • 6.2.3 all other provisions of this agreement and any other applicable agreement or terms.

7 Updates to the app

• 7.1 We may update the app from time to time for reasons that include fixing bugs, enhancing functionality or adding new content, services and features. We might also change or remove functionality but if we do, we will ensure that the app still meets the description of it that was provided to you at the time you downloaded the app.
• 7.2 Updates will either download automatically or you may need to trigger them yourself, depending on your device or its settings.
• 7.3 We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the app may not work properly (or at all) or you may be exposed to security vulnerabilities if you do not keep the app updated to the latest version that we make available.

8 Changes to this agreement

• 8.1 We may need to revise this agreement from time to time to reflect changes in the app’s functionality, to deal with a security threat or if there is a change in the law or guidance.
• 8.2 You will be asked to agree to any material changes in advance by an in-app notification, usually when you download an update. If you do not accept the changes, you will not be able to use the app.

9 External services

• 9.1 The app may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).
• 9.2 We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.
• 9.3 You must not use external services in any way that:
  • 9.3.1 is inconsistent with these terms or with the terms of the external service; or
  • 9.3.2 infringes our intellectual property rights, or the intellectual property rights of any third party.
• 9.4 From time to time, we may change or remove the external services that are made available through the app.

10 Our responsibility to you

• 10.1 If we breach this contract or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time this contract was made, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
• 10.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
• 10.3 If the app damages your device or any software installed on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, we will compensate you. We may ask you for information (including photographs) about what has happened so that we can understand the nature of the problem.
• 10.4 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

11 Failures of networks or hardware

The app relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection and your device, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the app due to a poor internet connection, faulty components in your device or anything else that it would not be reasonable to expect us to control.

12 Ending this agreement

• 12.1 We can end this agreement if you do not comply with any part of it.
• 12.2 If we end this agreement under clause 13.1, we will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the app or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.
• 12.3 We may also end this agreement at any time by giving you reasonable notice (which will be at least 30 days’ in advance) if we stop providing our services or supporting the app (in whole or in part) or if we, acting reasonably, believe it is necessary to do so to comply with applicable law or to support our legitimate business interests.
• 12.4 The consequences of the agreement ending are:
  • 12.4.1 you are no longer allowed to use the app and we may remotely limit your access to it;
  • 12.4.2 you must delete it from any devices that it has been installed on;
  • 12.4.3 we may delete or suspend access to any accounts that you hold with us; and
  • 12.4.4 where it has been ended by us because you have not complied with a part of the agreement, you are not entitled to a refund.

13 Third parties

No one other than us or you has any right to enforce any term of this agreement.

14 Transferring this agreement

• 14.1 We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
• 14.2 You are not allowed to transfer your rights under this agreement to anyone without our prior written consent.

15. Intellectual Property Rights

• 15.1 The SIX BY NICO, SIX BY YOU and other SIX marks are all owned by or licensed to us. The app and the apps’ code and all intellectual property rights in or associated with it are all owned by us.

16. Governing law and jurisdiction

• 16.1 The laws of England and Wales apply to this agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
• 16.2 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.