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Terms & Conditions
End User Licence Agreement
We, (ViaBob Limited, Chiswick Green, 610 Chiswick High Road, London, W4 5RU, United Kingdom) (“We”) license you to use the BOB 3.0 web and mobile application software, including the website, the data supplied with the software, and any updates or supplements to it and the functions within the App (“App”) on the terms and conditions set out in this End User Licence Agreement.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
APP STORE TERMS ALSO APPLY
The ways in which you can use the App may also be controlled by the App Store’s rules and policies and App Store’s rules and policies will apply instead of these terms where there are differences between the two.
OPERATING SYSTEM REQUIREMENTS
The website requires a Google Chrome, Firefox, Safari or Microsoft Edge browser. The native mobile app requires an Apple iPhone or Android device, and does not support any software version predating iOS 12 and Android 8 respectively.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
If you want to learn more about the App or have any problems using it, please email email@example.com
HOW YOU MAY USE THE APP
In return for your agreeing to comply with these terms you may:
- access the web version of the App via a compatible browser or, download a copy of the App
- onto any Apple iPhone or Android mobile device with the approved operating system onto which the App may be downloaded
- and view, use and display the App on such devices for your personal purposes only; and
- receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you. The App is intended for personal use.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND DOWNLOAD/USE THE APP
You must be 18 or over to accept these terms and use the BOB service via the native app or web browser
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App as set out above and under. You may not otherwise transfer the App or any part of it to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
UPDATE TO THE APP
From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App may contain links to, or contain functionality enabling interaction with, other independent websites, services and applications which are not provided by us. Such independent websites, services and applications are not under our control, and we are not responsible for their practices, including any information or content contained within them. You expressly acknowledge that any interaction with such independent websites, services and applications is solely between you and them, is solely at your own risk and is solely your responsibility. Please remember that when you
YOUR INTERACTION WITH OTHERS
You agree that you are solely responsible for your interaction (including any information sharing) with any potential and current user of the App, whether within the App or offline. In addition, you agree that we are not responsible or liable for the actions of any App user.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App throughout the world in perpetuity belong to us (or our licensors) and the rights in the App are licensed (not sold) to you for personal use only. You have no intellectual property rights in, or to, the App or any part of it other than the right to use it in accordance with these terms.
You agree that you will: • not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us; • not copy the App or any part of it, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security; • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms; • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities: • is not disclosed or communicated without the applicable licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and • is not used to create any software that is substantially similar in its expression to the App; • is kept secure; and • is used only for the Permitted Objective; • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
ACCEPTABLE USE RESTRICTIONS
You must: • not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any part of it or any operating system; • not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these terms); • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App • not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and • not collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running any part of the App.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are not liable for business losses.
The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
LIMITATIONS OF THE APP
The App is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We are not liable for any loss whatsoever relating to your use of this information and you agree that any reliance placed on it is at your sole risk.
We are not responsible for information sharing within the App.
We do not have any obligation to pre-screen, monitor, edit or remove any information shared by users of the App. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that any decision to submit and/or share information does not place us in a position that is any different from the position held by members of the general public, including with regard to any decision to share your information with other users. We will not be liable for any use or disclosure of information that you choose to share with other users.
CHECK THAT THE APP IS SUITABLE FOR YOU
The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App meet your requirements. We are not responsible for events outside our control.
If the functions within the App or support for the App are delayed by an event outside our control then we will make reasonable commercial efforts contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
WE MAY END YOUR RIGHTS TO USE THE APP IF YOU BREAK THESE TERMS
We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we may give you a reasonable opportunity to do so. If we end your rights to use the App: • You must stop all activities authorised by these terms, including your use of the App. • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this. We may also remove posts or content at our discretion that We consider inappropriate.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English law and you or we can bring legal proceedings in respect of the App and this contract in the English courts.
CHANGES TO THESE TERMS
We may modify or update these terms from time to time, so please review them periodically. We may provide you additional forms or notice of modifications or updates as appropriate under the circumstances. Your continued use of the App will constitute your acceptance of such modification.
VIABOB LIMITED are committed to protecting and respecting your privacy.
- The website available at > and the application available at https://itunes.apple.com/gb/app/bob-find-great-tv-and-movies/id1439054679</a> once you have downloaded or streamed a copy of the same onto your mobile telephone or handheld device (together the “App”);
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
- Information you give us (Submitted information): This is information you give us about you by filling in forms on the App, by corresponding with us (for example, by e-mail, phone, chat or otherwise), and information you share when you use the App, such as comments. This includes but is not limited to information you provide when you register to use the App, download or register the App, subscribe to any of the App functions, search for the App, share data via the App and report a problem with the App. If you contact us, we may keep a record of that correspondence. The information you give us may include your name, address, e-mail address and phone number, the device’s phone number, age, username, password and other registration information, financial and credit card information, personal description and photograph. Note that your username you select will be publicly available. Friends you connect with will be able to see your username, profile picture and any other content you post. When you sign in to the App using your Facebook or Google login details, you give permission to these sites to share with us certain aspects of your account and personal data, which includes: your full name, email address, link to your profile, link to your profile picture and age range. You may also sign into the App using your Apple ID login, in which case you give permission to Apple to share your personal data with us, including your email address.
- Information we collect about you and your device. Each time you use the App we may automatically collect the following information:
- technical information, including the type of mobile device you use, a unique device identifier (for example, your device’s IMEI number, the mobile phone number used by the device), mobile network information, your mobile operating system, the type of mobile browser you use, geographical location, time zone setting and/or Internet Protocol (IP) address used to connect to the Internet (“Device Information”);
- information stored on your Device, including contact information, friends lists, login information, photos, videos or other digital content, check ins, (“Content Information”);
- details of your use of any of our Apps including, but not limited to traffic data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access (“Log Information”).
FINDING YOUR FRIENDS
- If you choose, you can find and connect with App users through a search of user names on the App.
INVITE YOUR FRIENDS
- If you choose, you can invite your friends to use the App, whereby you will be taken directly to your message service on your mobile device from which you can select a person directly from the contacts list on your device and send a text with an invitation and a link to the app store from your personal mobile network. You understand and agree that you are solely responsible for any communications sent from your device, and because this invitation is coming directly from your personal account or device, the App does not have access to or control of this communication.
- You agree that you are solely responsible for any data or other charges you incur through use of this feature.
LAWFUL BASIS OF PROCESSING YOUR DATA
Information you give to us. We may collect and process this information:
- to carry out our obligations arising from any contracts entered into between you and us, including for the download and use of the App, and to provide you with the information that you request from us;
- for our legitimate interests to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you, only where you have provided opt-in consent. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. You may withdraw your consent to receive such information by unsubscribing or emailing us at firstname.lastname@example.org;
- for our legitimate interests to notify you about changes to our service;
- for our legitimate interests to defend any legal claims, to enforce or apply the EULA https://www.bob.show/tcs/ and other agreements, or to protect the rights, property or safety of ViaBoB, Limited, our customers, or others, including exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction; and
- to comply with any legal requirements, such as to comply with our tax obligations or to respond to governmental authorities.
Information we collect about you. We may collect and process this information:
- for our legitimate interests to administer the App and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- for our legitimate interests to monitor and improve the App to ensure that content is presented in the most effective manner for you and for your mobile device;
- for our legitimate interests as part of the efforts to keep the App safe and secure;
- for our legitimate interests to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you. Where we send any direct marketing to you via email or SMS, this will be on the basis of your consent.
Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
DISCLOSURE OF YOUR INFORMATION
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006, including without limitation Viasat World Limited at Chiswick Green, 610 Chiswick High Road, London W4 5RU, United Kingdom. We may share your information with selected third parties including:
- Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you; and
- Analytics and search engine providers that assist us in the improvement and optimisation of our site.
In addition, we may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- If we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets; or
- As required by law.
PARTIES WITH WHOM YOU MAY CHOOSE TO SHARE YOUR INFORMATION:
Any information that you voluntarily disclose becomes available to the other user(s) if you connect with them as your friend, or otherwise post comments or engage on the App. Once you have shared information on the App, that information may be re-shared to others and we have no control over this personal data. You are responsible for maintaining the secrecy of your unique password and account information, and controlling access to emails between you and the App, at all times. We are not responsible for the functionality, privacy or security measures of any other organization.
WHERE WE STORE YOUR PERSONAL DATA
The data that we collect from you may be transferred to, and stored at a destination outside the UK and European Economic Area (EEA), including without limitation in the USA. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. These staff may be engaged in the fulfilment of your request, order or reservation, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. Where any personal data is transferred to a country outside of the UK and EEA, where required, personal data is protected by standard contractual clauses as approved by the European Commission, binding corporate rules or another form of adequate protection under law.
All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer technology. Where we have given you (or where you have chosen) a password that enables you to access certain parts of the App, you are responsible for keeping this password confidential.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the App; any transmission is at your own risk. Once We have received your information, we will use industry standard procedures and security features to try to prevent unauthorised access.
HOW LONG WE KEEP YOUR PERSONAL DATA
We will only keep your personal data for as long as reasonably necessary for the purposes for which we collected it, including to satisfy any legal, regulatory, tax, accounting or reporting requirements. We may keep your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation.
We take into account various factors to determine the appropriate retention period for personal data, including: the amount, nature and sensitivity of the personal data; the potential risk of harm from unauthorised use or disclosure of your personal data; the purposes for which we process your personal data and whether we can achieve those purposes through other means; and the applicable legal, regulatory, tax, accounting or other requirements.
You may have the right to ask us to:
- access your personal data;
- erase your personal data or rectify information you think is inaccurate or is incomplete;
- restrict, or you may object to, the processing of your personal data in certain circumstances, i.e. where we no longer need such data to perform a contract or comply with a legal requirement;
- transfer the information from one organization to another, or give it to you, in certain circumstances, i.e. where we process your data based on your consent or under a contract.
- Please contact us at email@example.com for any request in respect of the above Please note that any such information may be subject to a reasonable administration fee.
LINKS TO THIRD PARTY WEBSITES AND PLATFORMS
The App may, from time to time, contain links to and from the websites of our partners, advertisers and affiliates (including, but not limited to, websites on which the App is advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
If you do not allow Analytics Cookies, we will not be able to monitor the performance of the App or know when you have visited it.
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Last updated August 2021