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
By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any relevant recommendations of audio-visual content available in the relevant
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 firstname.lastname@example.org
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.