TERMS OF USE

Welcome to Appy, a service provided by Appy Limited (us and we).  

We offer online services through our site located at www.weareappy.com (the “Site”) and our mobile application (the “App”) (collectively, the “Services”). Our Services allow registered members access to social networking features and specialist advice, content and materials from expert ambassadors in the areas of health, wellbeing, nutrition and fitness. Members will also have access to features including, but not limited to, social networking tools and planner functionality.  

These Terms of Use (together with the documents referred to in them) set out how you may use our Services (“use” includes, without limitation, accessing, browsing, posting and/or sharing content to or registering to use our Services). 

Please read these Terms of Use carefully before you start to use our Services. By using our Services, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use our Services. We reserve the right to update these Terms of Use from time to time at our discretion. If we do so, and the change is significant, we will contact all registered members to notify them on the change. The updated version of these Terms of Use will be effective as soon as it is accessible. You are responsible for regularly reviewing these Terms of Use so that you are aware of any changes. 

You must be at least 13 years of age to use our Services, whether to simply view content posted on them or to share and to post content belonging to you or share content posted to our Services by another user. If you are under the age of 16, you must have your parent or guardian’s permission to use our Services. If you are a parent or guardian and you allow your child to use our Services, you agree to these Terms of Use on their behalf. Please note that we are not able to actively monitor all content hosted on our Services and that even if you are old enough to use our Services, some of that content may not be appropriate for you to view and may contain content intended for mature audiences. 


OTHER APPLICABLE TERMS

These Terms of Use refer to the following additional terms, which also apply to your use of our Services: 

• Our Privacy Policy, which sets out the terms upon which we will process any personal data we collect from you or that you provide to us. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate. 

• Our Community Guidelines, which sets out the permitted uses and prohibited uses of our Services. When using our Services, you must comply with our Community Guidelines. 

• Our Cookie Policy, which sets out information about the cookies on our Services. 


INFORMATION ABOUT US

Our Services are operated by Appy Limited. We are registered in England and Wales under company number 11253924 and have our registered office at 61 International House, Mosley Street, Manchester M2 3HZ. We are a limited company. 


CONTACTING US

The easiest way to contact us is to email us at info@weareappy.com. You can also write to us at our registered office at 61 International House, Mosley Street, Manchester M2 3HZ. 

If you are emailing us or writing to us, please include details of your full name, date of birth, address and contact email address to help us identify you. 

If you wish to contact us to complain about our Services, you can do so by emailing us at info@weareappy.com. If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address details which you provide to us. 

You need to be a registered member if you wish to access archive material, including ambassador articles, videos and other content and access to your planner. 


OUR LIABILITY TO YOU

We do not in any way exclude or limit our liability for: 

• death or personal injury caused by our negligence; or 

• fraud or fraudulent misrepresentation. 

To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services, including any warranty, term or condition as to accuracy, completeness, reliability, satisfactory quality, performance, fitness for purpose, availability and non-infringement. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: 

• your use of or inability to use our Services; 

• injury, loss or damage suffered as a result of not using our Services in accordance with our instructions or as a result of a problem caused by your mobile device, computer, Internet browser or broadband connection; 

• any costs which you incur as a result of exceeding the permitted data limit on your broadband account or mobile device through your use of our Services; 

• any loss or damage caused as a result of downloading or upgrading any software connected to or necessary to use our Services, unless caused by our negligence; 

• any costs, loss or damage that you suffer as a result of any unauthorised use of our Services; or 

• use of or reliance on any content displayed on our Services; 

We will not be responsible if: 

• your broadband Internet connection to your home cannot support our Services; 

• your mobile device, computer or Internet browser is not compatible with our Services and any minimum system requirements in force from time to time; or 

• any subsequent changes to your broadband Internet connection prevent our Services from working. 

From time to time, we may need to upgrade software related to our Services. If your equipment does not support any such upgrade, this may affect the functionality of our Services. Our Services may be temporarily unavailable if we have to carry out emergency or routine maintenance. We will try to inform you in advance but may not always be able to do so. 

To the extent permitted by law, we shall not be liable to you for any damage caused by our Services to your mobile device or computer. 

Please note that we only provide our Services for domestic and private use. You agree not to use our Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity as a result of such commercial or business use. 

We assume no responsibility for the content of websites or mobile applications linked to our Services. Such links should not be interpreted as endorsement by us of those linked websites or mobile applications. We will not be liable for any loss or damage that may arise from your use of them, and it is your responsibility to familiarise yourself with their terms of use and privacy policies. 


OUR SERVICES

To use our Services and become a member of Appy, you will be asked to create an account and provide us with certain information in order to create a profile (your “Information”). Any Information which you submit to us as part of that process must be true, accurate, current and complete. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Information provided to us and you agree to notify us of any changes that are relevant to your registration, your ongoing membership of Appy or your Information. 

You must not use someone else’s name as your username or select a name that violates any third-party intellectual property right, is obscene, defamatory, constitutes a breach of privacy, a criminal offence or is otherwise in our sole discretion objectionable or a breach of these Terms of Use generally. 

You must treat your password as confidential and must not disclose it to any third party. We reserve the right to disable any membership, username or password, whether chosen by you or allocated by us at any time if, in our sole 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, or may have used, your username or password, you must notify us immediately at info@weareappy.com

You understand and acknowledge that if you cancel your membership or your membership is terminated by us, all of your Information, including usage history and personal Information, may be deleted from our databases and removed from any public area of our Services. Your Information may continue to be available for some period of time because of delays in propagating such deletion through our servers. 

We may, at our sole discretion, allow you to create, authorise and sign into an account on our Services using a third-party platform such as Facebook, Twitter, LinkedIn, Stackoverflow, Github and any other platform or social media service from time to time. By using those third- party services to do so, you confirm that you agree to their terms of use, privacy policies and any other agreements or documents which set out the terms of your relationship with them and use of their services, which is separate from your relationship with us and your use of our Services. 


CHANGES TO OUR SERVICES

We may update our Services from time to time and may change their content at any time for any reason. However, please note that any of the content on our Services may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Services, or any content on them, will be free from errors or omissions. 


ADVERTISING

Our Services include advertisements for third-party products and services. Whilst we provide our Services to you completely free of charge, advertisers pay us to show you advertisements that may be of interest to you, based on the Information you have shared with us. By using our Services, you agree that we, and any third-party advertiser, may display advertisements on our Services. We do not endorse or recommend any product or service offered for sale by any advertiser within the advertisements on our Services and we are not responsible for the content of any third-party advertisement.   


ACCESSING OUR SERVICES

We do not guarantee that our Services, or any content on them, will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Services. 

Our Services are directed to people residing in the United Kingdom. We do not represent that content available on or through our Services is appropriate or available in other locations. If you choose to access our Services from any location outside the United Kingdom, you do so at your own risk. 


YOUR LICENCE TO USE OUR SERVICES

We grant you a limited, non-exclusive licence to access and use our Services for your own purposes to view and comment upon content posted on them in accordance with our Community Guidelines. Your licence to use our Services granted by these Terms is personal to you and may not be assigned, transferred or sub-licensed to anyone else. 


INTELLECTUAL PROPERTY RIGHTS IN CONTENT ON OUR SERVICES

We are the owner or licensee of all intellectual property rights in our Services, and in any content and material posted on or available through them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not modify any content that you may have downloaded from them in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Services must always be acknowledged. You must not use any part of the content on our Services for commercial purposes or otherwise not in accordance with these Terms of Use without obtaining a licence to do so from us or our licensors. If you print or download any content from our Services in breach of these Terms of Use, your right to use our Services will cease immediately. 

You grant to us the non-exclusive right to edit, use and reproduce all content that you upload to the Service within the Service and also widely in any media on or offline (including social media channels and third party websites and platforms) whether now known or invented or devised at any time in the future and anywhere in the world and without limit or restriction and without any payment to you. We shall process any personal data in accordance with our Privacy Policy, but we may use any anonymous data for the purposes of our business generally, including within research, marketing and analysis.


ACCOUNT SUSPENSION & DELETION

Each of us may delete your membership of Appy at any time and for any reason. We may, at our sole discretion, suspend, delete or otherwise terminate any membership or block or remove any content which you have posted to our Services if any use of a membership or any such content is, in our sole opinion, in breach of any of these Terms of Use, may expose us to legal action or legal or criminal liability or penalty or may damage our reputation. 

If we delete, suspend or otherwise terminate your account for any of these reasons, you may not register for another account to use our Services, including by using another name or email address, and we may, in our sole discretion, block your email address or IP address to prevent any such further registration. 


NO RELIANCE ON CONTENT AND HEALTH DISCLAIMER

The content on our Services is provided for general information only, and you must obtain professional or specialist advice from your GP or other health professional before taking, or refraining from, any action on the basis of that content. 

Our Services provide information and materials that are intended only to assist members in their personal efforts towards better physical and mental wellbeing. We are not a medical organisation and our staff and ambassadors cannot give you any medical advice or a diagnosis. Nothing contained in our Services should be construed as such advice, recommendation or diagnosis. Any information or materials that you access on our Services and any information and reports that we generate about you through your use of our Services should not be interpreted as a substitute for doctor or specialist consultation, evaluation or treatment. 

You are urged and advised to seek medical advice before beginning any weight management or fitness effort or regime. Our Services are not to be used by children under the age of 13 years, pregnant women or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight management or fitness effort or regime. 


YOUR REPRESENTATIONS AND WARRANTIES

By using our Services, you represent and warrant that: 

• You have the full right and capacity to enter the contract to use our Services as per these Terms of Use; 

• You will comply with the Community Guidelines


VIRUSES

We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Services and should use your own virus protection software. 


LINKING TO OUR SERVICES

You may link to our Services, provided that 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 any 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 our Services in any website that is not owned by you. Our Services and their content must not be framed on any other website, social media platform or service, nor may you create a link to any part of our Services other than their home page. We reserve the right to withdraw linking permission without notice. 

Any website to which you are linking must comply in all respects with the content standards set out in our Community Guidelines. If you wish to make any use of content on our Services other than that set out above, please contact info@weareappy.com


THIRD PARTY LINKS AND RESOURCES IN OUR SERVICES

Where our Services contain links to other services and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those services or resources. 


OTHER IMPORTANT TERMS

Headings used in these Terms of Use are for convenience only and shall not be used to construe them. 

By using our Services or by otherwise providing your Information, email address or other data that identifies you as an individual, you confirm that you agree and consent to receive all communications including notices, agreements, disclosures or other information from us electronically. We may provide all such communications by email to any details that you provide when first registering to use our Services, or via the notifications area of the App. For support-related or legal enquiries, you may contact us at info@weareappy.com. 

We may transfer our rights and obligations under our contract with you relating to your use of our Services to another organisation, but this will not affect your rights or our obligations under these Terms of Use. 

Your licence to use our Services cannot be assigned to any third party. Your contract and licence to use our Services is between you and us. You may only transfer your rights or your obligations under these terms to another person if we agree to such transfer in writing. No other person shall have any rights to enforce any of its terms as set out in these terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. 

Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. In particular, if any court or relevant authority decides that any of our exclusions of liability are unlawful or unenforceable then such exclusions shall be replaced by a term to state that our maximum liability shall be the sum of £25. 

If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 

These Terms of Use set out the whole agreement between us and you in relation to your use of our Services. 


APPLICABLE LAW

Please note that these Terms of Use, their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. 


TRADE MARKS

The “Appy” logo is a UK registered trademark of Dusted Media Limited under number UK00003209613.


CONTACT US 

To contact us, please email info@weareappy.com. Thank you for using our Services.  

ADDITIONAL TERMS FOR USERS WHO DOWNLOAD OUR APP FROM THE APP STORE

We both acknowledge that these Terms of Use are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for our App and the content thereof.

The licence granted to you for our App is limited to a nontransferable licence to use our App on an iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions.

We, not Apple, are solely responsible for providing any maintenance and support services with respect to our App as specified in these Terms of Use. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our App.

We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms of Use. In the event of any failure of our App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for our App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to our App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to our App or your use or possession of our App, including, but not limited to (a) product liability claims; (b) any claim that our App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

We both acknowledge that, in the event of any third-party claim that our App or your possession and use of our App infringes that third-party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.


Last modified 24/09/20