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Cycling Planner App Privacy Notice
PLEASE
READ THESE LICENCE TERMS CAREFULLY
BY INSTALLING
THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE
TO THESE TERMS DO NOT BUY THE APP.
IF YOU DO
NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW.
Who we are and what this agreement does
We, LIVERPOOL JOHN MOORES UNIVERSITY, a Higher
Education Corporation established under the Education Reform Act 1988, whose
administrative offices are at Egerton Court, 2 Rodney Street, Liverpool, L1 2UA
license you to use:
·
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Cycling Planner v1.0 mobile application software, the data supplied with the
software, (App) and any updates or supplements to
it.
·
The
related online documentation (Documentation).
·
The
service you connect to via the App and the content we provide to you through it
(Service).
as permitted in these terms.
Your privacy
We only use any personal data we collect through your use
of the App and the Services in the ways set out in our privacy
policy.
Please be aware that internet transmissions are never
completely private or secure and that
any message or information you send using the App or any Service may be
read or intercepted by others, even if there is a special notice that a
particular transmission is encrypted.
Additional terms for specific Services
In addition the Services set out below will be governed by
the following terms of use and privacy policies :
https://www.ljmu.ac.uk/legal/disclaimer and
https://www.ljmu.ac.uk/legal/privacy-and-cookies
Google Play Store's terms also apply
The ways in which you can use the App and Documentation may
also be controlled by Google Play's rules and policies at https://play.google.com/intl/en-GB_uk/about/play-terms/index.html and Google Play's rules and policies
will apply instead of these terms where there are differences between the two.
Apple App Store’s terms also apply
The ways in which you can
use the App and Documentation may also be controlled by Apple App Store's rules and policies https://www.apple.com/legal/internet-services/itunes/ and Apple App Store's rules
and policies will apply instead of these terms where there are differences
between the two.
Operating system requirements
This app
requires a mobile phone or tablet device running the IOS or Android Operating
System. The minimum supported OS Versions are Android 5+ and IOS 10+. The app
requires 60MB of storage.
Support for the App and how to tell us
about problems
Support. If you
want to learn more about the App or the Service or have any problems using them please take a look at our support resources at https://mobile.ljmu-sud.co.uk/support.html.
Contacting us (including with complaints). If you think the App or the Services are faulty or
misdescribed or wish to contact us for any other reason please email our
customer service team at sud@ljmu.ac.uk.
How we will
communicate with you. If we
have to contact you we will do so by email, by SMS or
by pre-paid post, using any contact details you may have provided to us.
How you may use the App, including how
many devices you may use it on
In return for your agreeing to comply with these terms you
may:
·
download
a copy of the App onto Android or Apple mobile phone or tablet and view, use
and display the App and the Service on such devices for your personal purposes
only.
·
use
any Documentation to support your permitted use of the App and the Service.
·
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.
You must be 18 to accept these terms
and buy the app
You must be 18 or over to accept these terms and buy the
App.
You may not transfer the App to someone
else
We are giving you personally the right to use the App and
the Service as set out above at "HOW YOU MAY USE THE APP". You may
not otherwise transfer the App or the Service 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.
Changes to these terms
We may need to change these terms to reflect changes in law
or best practice or to deal with additional features which we introduce.
We will give you at least 30 days notice of any change by
sending you an email with details of the change or notifying you of a change
when you next start the App.
If you do not accept the notified changes you will not be
permitted to continue to ue the App and the Service.
Update to the App and changes to the
Service
From time to time we may automatically update the App and
change the Service 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 and the
Services.
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 may collect technical data about
your device
By using the App or any of the Services, 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 Services to you.
We may collect location data (but you
can turn location services off)
Certain Services, will
make use of location data sent from your devices. You can turn off this
functionality at any time by turning off the location services settings for the
App on the device. If you use these Services, you consent to us and our
affiliates' and licensees' transmission, collection, retention, maintenance,
processing and use of your location data and queries to provide and improve location-based
and road traffic-based products and services.
You may stop us collecting such data at any time by turning
off the location services settings on your mobile device.
We are not responsible for other
websites you link to
The App or any Service 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 will need to make your own independent judgement about
whether to use any such independent sites, including whether to buy any
products or services offered by them.
Licence restrictions
You agree that you will:
·
not
rent, lease, sub-license, loan, provide, or otherwise make available, the App
or the Services in any form, in whole or in part to any person without prior
written consent from us;
·
not
copy the App, Documentation or Services, 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, Documentation or Services nor permit the App or the Services or any part
of them to be combined with, or become incorporated in, any other programs,
except as necessary to use the App and the Services 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 or the Services 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 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 or any Service.
Acceptable use restrictions
You must:
·
not
use the App or any Service 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 Service or any operating system;
·
not
infringe our intellectual property rights or those of any third party in
relation to your use of the App or any Service, including by the submission of
any material (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 or any Service;
·
not
use the App or any Service 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 any Service or our systems or
attempt to decipher any transmissions to or from the servers running any
Service.
Intellectual property rights
All intellectual property rights in the App, the
Documentation and the Services throughout the world belong to us (or our
licensors) and the rights in the App and the Services are licensed (not sold)
to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use
them in accordance with these terms.
Our responsibility for loss or damage
suffered by you
We are
responsible to you for foreseeable loss and damage caused by us. If we
fail to comply with these terms, we are responsible for loss or damage you
suffer that is a foreseeable result of our breaking these terms or our failing
to use reasonable care and skill, but we are not responsible for any loss or
damage that is not foreseeable. Loss or damage is foreseeable if either it is
obvious that it will happen or if, at the time you accepted these terms, both
we and you knew it might happen.
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.
When we are
liable for damage to your property. If defective digital
content that we have supplied damages a device or digital content belonging to
you, we will either repair the damage or pay you compensation. However, we will
not be liable for damage that you could have avoided by following our advice to
apply an update offered to you free of charge or for damage that was caused by
you failing to correctly follow installation instructions or to have in place
the minimum system requirements advised by us.
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
to the App and the Services. The App
and the Services are provided for general information and entertainment
purposes only. They do 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 or the Service. Although we make reasonable efforts to update the
information provided by the App and the Service, we make no representations,
warranties or guarantees, whether express or implied, that such information is
accurate, complete or up to date.
Please back-up
content and data used with the App. We
recommend that you back up any content and data used in connection with the
App, to protect yourself in case of problems with the App or the Service.
Check that
the App and the Services are suitable for you. The App and the Services have not been
developed to meet your individual requirements. Please check that the
facilities and functions of the App and the Services (as described on the
appstore site and in the Documentation) meet your requirements.
We are not
responsible for events outside our control. If our
provision of the Services or support for the App or the Services is delayed by
an event outside our control then we will contact you as soon as possible to
let you know and we will take steps to minimise the effect of the delay.
Provided we do this we will not be liable for delays caused by the event but if
there is a risk of substantial delay you may contact us to end your contract
with us and receive a refund for any Services you have paid for but not received.
We may end your rights to use the App
and the Services if you break these terms
We may end your rights to use the App and Services 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 will give you a
reasonable opportunity to do so.
If we end your rights to use the App and Services:
·
You
must stop all activities authorised by these terms, including your use of the
App and any Services.
·
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 remotely access your devices and remove the App from them and cease
providing you with access to the Services.
We may transfer this agreement to
someone else
We may transfer our rights and obligations under these
terms to another organisation. We will always tell you in writing if this
happens and we will ensure that the transfer will not affect your rights under
the contract.
You need our consent to transfer your
rights to someone else
You may only transfer your rights or your obligations under
these terms to another person if we agree in writing.
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 can bring
legal proceedings in respect of the products in the English courts. If you live
in Scotland you can bring legal proceedings in respect
of the products in either the Scottish or the English courts. If you live in
Northern Ireland you can bring legal proceedings in
respect of the products in either the Northern Irish or the English courts.
Alternative dispute resolution
Alternative dispute resolution is a process where an
independent body considers the facts of a dispute and seeks to resolve it,
without you having to go to court. If
you are not happy with how we have handled any complaint, you may want to
contact the alternative dispute resolution provider we use. You can submit a
complaint to Liverpool John Moores University via their website at
https://www.ljmu.ac.uk/microsites/library/about-ljmu-libraries/contact-us/contact.
Liverpool John Moores University will not charge you for making a complaint and
if you are not satisfied with the outcome you can still bring legal
proceedings. In addition, please note that disputes may be submitted for online
resolution to the European Commission Online Dispute Resolution platform.