App terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY

BY DOWNLOADING THIS MOBILE APPLICATION YOU AGREE TO AND ARE BOUND BY THESE TERMS OF USE.

Who we are and what these Terms of Use do

We, Fuse Aware Limited of The Old Church, 48 Verulam Road, St Albans, Hertfordshire AL3 4DH, (or our permitted assignees or successors) (“Fuse Aware”, “we”, “us” or “our”) are the owners of:

  • Fuse Aware mobile application software, the data supplied with the software, and any updates or supplements to it ("App"); and
  • the related electronic documentation ("Documentation").

Pursuant to the terms of a Customer Agreement (the “Master Agreement”) between us and the legal entity which has permitted you to use the App and Documentation (the “Authorising Entity”) and in consideration for your agreement to abide by these Terms of Use, we grant you a non non-transferable, non-exclusive licence (i.e. permission) to use the App and Documentation subject to these Terms of Use.

By downloading the App you confirm you are an authorised user (employee, agent or independent contractor) of the Authorising Entity or a subcontractor of the Authorising Entity.

Google Play and Apple App store’s terms may also apply

The ways in which you can use the App and Documentation may also be controlled by the Google Play store's or Apple App store's terms, rules and policies (as appropriate).

Privacy

We may use any personal data we collect through your use of the App in the ways set out in our privacy statement.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others.

Operating system requirements

Your use of this App requires an [Apple iPhone 5S and above OR an Android] device with a minimum of [2GB and the [iOS or Android] operating system [11 or 4.4] and above.

Support for the App and problems

Support

If you require any support using the App then please contact your Authorising Entity.

Problems

If you experience any problems with the App, including if you think it is faulty, please contact your Authorising Entity.

Communication with you

All of our correspondence regarding the App must be made directly to your Authorising Entity. However, in the event we do have to contact you directly on the instructions of your Authorising Entity we will do so by email, by SMS or by pre¬paid post, using any contact details you (or your authorising entity) have provided to us. Only where directed to do so by, or with the permission of, your Authorising Entity may you contact us directly, Our contact email address is: contactus@fuseaware.com.

How you may use the App

In accordance with the ‘Licence Restrictions’ set out in these Terms of Use and the revocable authority granted to you by your Authorising Entity under the Master Agreement, you may:

  • download or stream a copy of the App onto any number of mobile telephone or handheld devices ("Devices") and view, use and display the App on such Devices for the purposes specified by the Authorising Entity using your personal log-in information only;
  • use any Documentation to support your permitted use of the App; and
  • receive and use any supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

You must not transfer the App to someone else

You must not transfer the App 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 or, alternatively, ask you to update the App. 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 Device you are using

If you download or stream the App onto any Device not owned by you, you must have the owner's permission to do so. You must follow these Terms of Use, whether or not you own the Device.

We are not responsible for other websites you link to

The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You must use your own independent judgement about whether to use any third party sites, including whether to buy any products or services offered by them.

Licence Restrictions

You must comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

You further 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;
  • copy the App or Documentation, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Documentation nor permit the App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App as permitted in these Terms of Use and/or as permitted by the Authorising Entity; and
  • 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 fuseAware’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.

Acceptable use restrictions

You must not:

  • infringe our intellectual property rights or those of any third party in relation to your use of the App, including by the submission of any material;
  • use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, worms or Trojan horses, or other harmful data, into the App or any operating system;
  • access without authority, interfere with, damage or disrupt:
    a) any part of the App;
    b) any equipment or network on which the App is stored;
    c) any software used in the provision of the App; or
    d) any equipment or network or software owned or used by any third party.
  • send, knowingly receive, upload, download, use or re-use any material in an inappropriate or otherwise objectionable manner (including but not limited to material which is defamatory or harassing of any person, obscene or offensive, promotes discrimination or infringes any intellectual property rights of third parties);
  • transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  • use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • 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 the App.

User-generated content

The App may include information and materials uploaded by other users, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users do not represent our views or values. If you wish to complain about information and materials uploaded by other users, please contact your Authorising Entity.

In accordance with the terms of your permitted authority, whenever you make use of a feature that allows you to upload content to the App, or to make contact with other users, you must comply with the acceptable use restrictions and other restrictions set out in these Terms of Use.

Any content you upload to the App will be considered non-confidential and non-proprietary. You must, in accordance with the terms of your permitted authority, permit us and other users of the App (free of charge) an irrevocable non-exclusive, worldwide license to use, store and copy that content and to distribute and make it available to third parties. However, you will retain all of your ownership rights in your content.

We may disclose your identity to any third party who is claiming that any content posted or uploaded by you to the App constitutes a violation of their intellectual property rights, or of their right to privacy.

We may remove any posting you make on the App if, in our opinion, your post does not comply with the acceptable use restrictions and other restrictions set out in these Terms of Use.

Viruses

You must configure your information technology, computer programmes and platform to access the App. You must use your own virus protection software.

You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. If you do so, you would commit a criminal offence under the Computer Misuse Act 1990 and we will report any such breach to the relevant law enforcement authorities. We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your permitted authority to use the App will cease immediately.

Rules about linking to the App

You may upload links to third party websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the App in any website nor frame the App on any site.

Any website in which you are linking must comply in all respects with the acceptable use restrictions and other restrictions set out in our end-user policy.

Intellectual property rights

All intellectual property rights in the App or the Documentation throughout the world belong to us (or where applicable the Authorising Entity) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Documentation other than the right to use them in accordance with the permission granted to you by the Authorising Entity and in accordance with these Terms of Use.

Trade marks are registered

"Fuse Aware" is a UK registered trade mark. You are not permitted to use it without our approval. If you wish to obtain approval, please contact your Authorising Entity.

No rights for third parties

Except as provided for in the Master Agreement. these Terms of Use do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Use.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify your Authorising Entity and, if possible, change your password.

Terminating your use of the App

We can stop your access to the App at any time, without contacting you, if you breach these Terms of Use. We may also end your rights to use the App if the Authorising Entity has withdrawn permission for you to use them. If you cannot gain access, please contact your Authorising Entity.

If we end your rights to use the App you must:

  • stop all activities authorised by these terms, including your use of the App;
  • delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have;
  • grant us, if required, remote access your devices to remove the App.

Disclaimer

We provide the App and Documentation on an “as is” and “as available” basis. We make no guarantee that they will be uninterrupted, error free, or free from viruses or other harmful components. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content in the App or Documentation is accurate, complete or up-to-date. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply to the App or Documentation, whether express or implied.

You agree to compensate us for any claim or damages (including legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from any breach or suspected breach by you of these Terms of Use or the rights of a third party. In the event that any entity brings a claim that the App or Documentation or your possession and/or use, infringes a third party’s intellectual property rights, we (and not any third party app store provider) shall be responsible for the investigation, defence, settlement and discharge of any such claim.

Our responsibility for loss or damage suffered by you

We are not responsible to you for any loss or damage suffered by you, howsoever arising, in connection with your use of the App or Documentation. In the event that you suffer any loss or damage, please contact your Authorising Entity.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

Changes to these Terms of Use

We may need to change these Terms of Use to reflect changes in the law or best practice or to deal with additional features which we introduce, We will notify you of any such changes, however, you should also review these Terms of Use from time to time to ensure you are aware of any changes. Your continued access or use of the App after such a change shall signify your acceptance of the updated terms.

Even if we delay in enforcing these Terms of Use, we can still enforce them later

Even if we delay in enforcing these Terms of Use, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of your breaking this Terms of Use, 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.

Severability

Each of the conditions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.

Governing Law

These Terms of Use are governed by English law and the courts of England and Wales will have exclusive jurisdiction.

Last Updated: 5th June 2018