End-user license agreement

Created on 27/11/17 and last modified on 27/11/17

Please read the full terms of use because it applies to you.

Introduction

These are the general terms of the relationship between you (the website visitor and user of the application) and us (the website and application owner). The terms are subject to our privacy policy and cover all use of this website and the application. You agree to be legally bound by the terms by visiting and using this website. Please do not use the website if you do not agree to the terms.

We are the owner of this website and this application, these are our terms of use with you, and You agree to them by visiting this website and using this application.

Definitions and interpretation

Definitions

In the agreement: ‘volunteers’ means sighted people; ‘terms’ means the terms, consisting of: these terms of use; and any other relevant specific terms, policies, disclaimers, rules, and notices agreed between the parties, (including any that may be applicable to a specific section or module of the website); ‘we’, ‘us’, or ‘our’ means our organisation, the owner of the website and the application. It includes our officers, agents, employees, owners, co-branders, and associates where the terms limit or exclude our liability; ‘you’ or ‘your’ means any visitor to this website and user of the application, including any other person, website, business, or agent (including any virtual or robotic agent) associated with the visitor. ‘BVI’ means Blind or Visually Impaired People.

Interpretation

If the meaning of any general terms conflicts with any other relevant specific terms, the specific terms will apply. Specific terms apply to a specific section of the website and application or have been specifically agreed between you and us.

 

Use of the application and website

BVIs’ use of the application

You are responsible for the content you upload and send our application. The content will be seen or heard by another user, therefore we recommend that you do not upload and send content that is high risk. If you choose to send high risk content, then you are solely responsible for this. We cannot guarantee that another user will not save the content.

You must not post offensive content (nude images, hate speech etc.) or engage in any other offensive conduct.

Volunteers’ use of the application

You must only use the content that is sent to you to answer the question posed to you by the BVI user. You may not save or use the content for any other purpose.
We do our best to monitor and remove any unsavoury content, but we are not responsible for any content posted on the application. You must not post offensive content (nude images, hate speech etc.) or engage in any other offensive conduct.

Consent to monitoring

You consent to us monitoring your use of the website and application for security purposes and in order to ensure that both are always running and functioning as they should. We monitor your use of the application through various tools, and can use these observations to tailor your experience of the application. We can see all images and communications sent on the application from all parties.

 

Licence

We grant you a limited licence to use this website and the application on these terms. We may cancel your licence at any time for any reason. Your licence is automatically cancelled if you do not get our written permission before using the application and website in a way these terms do not allow.

 

Breach

If you breach any of the terms or infringe any other person’s rights (including copyright), we may remove your content, cancel your licence, block you from using the website and the application, claim specific performance or damages against you, and take any other steps the law allows, without affecting our rights. You will breach these terms under the following circumstances:

  • if you post offensive pictures or engage in any other offensive conduct;
  • if you abuse, harass, threaten, impersonate or intimidate other users or use the service for any illegal or unauthorised purpose;
  • if you use the pictures, or any other information provided to you, for a purpose in violation of these terms and any other terms connected hereto, including our privacy policy.

We may cancel your licence and take other steps if you breach any of these terms.

 

Mobile network charges

Our application needs Internet access for certain features, which it is capable of getting through the mobile network on your device. The terms of your agreement with your mobile network provider will continue to apply when using our mobile application. This means that your mobile network provider may charge you for their network connection services for the duration of the connection while using our application on their network. You accept responsibility for these charges.

 

No support or maintenance

We are not responsible for any support or maintenance of our application. However, we may upgrade the version of our application from time to time to add support for new functions and services.

 

System requirements

You are required to have a compatible computing device with internet access, and the necessary minimum specifications to use our application.

 

Your data

We are not responsible for any of your data stored on our system or submitted through our application, except to the extent that we are required to be responsible by applicable law. You grant us permission to anonymously use the responses and images you submitted as part of any research activity we might carry out in the future.

 

Capacity

You promise that you are entitled to visit this website and use the application and agree to the terms because you:

  • are at least 18 (or regarded as legally adult), and have the legal right and capacity to do so; or
  • are not 18 yet, but have permission from your parent (or legal guardian) to do so.

You agree to these terms on the basis that you have the capacity to visit this website and use the application.

 

Accurate information

You promise that you will only give accurate information to us for use on the website and application.

 

Intellectual property

Ownership

Except as provided to the contrary in the agreement, all rights, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to, or of this website and application are our sole property or will vest in us or a third party licensor. All moral rights are reserved.
We or our third party licensors own all rights in this website and application.

Trademarks

Our logo and sub-logos, marks, and trade names are our trademarks and no person may use them without our permission. Any other trademark or trade name that may appear on our marketing material is the property of its respective owner.

All our trademarks are our property and you may not use them without our permission. All other trademarks are their respective owners’ property.

 

Restrictions

Except as expressly permitted under the agreement and under the law, you will not:

  • use the application in any unlawful manner or in a manner that encourages illegal activity;
  • attempt to gain unauthorised access to the application or any related servers or networks;
  • except to the extent as may be permitted by law, modify, translate or create derivative works based on the website and application, nor reverse assemble, de-compile or reverse engineer the application, whether in whole or in part, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, programming of the website and application or any files contained in or generated by the application, nor may it permit, whether directly or indirectly, any third party to do so
  • You may not change, hire out, reverse engineer, or copy the application without our permission.

 

Limits to our liability

Own risk

We provide the application “as is” and do not give any express or implied warranty or make any other promise. For example, we do not warrant that both are of good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that they are free of latent defects, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of both.

You use this website and the application at your own risk and we make no warranties about it.

Indemnity

You indemnify (or promise to protect) us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) related to your use of this website and the application.

You indemnify us against any liability related to your use of this website and the application.

Faults

When the fault lies with the website and application, we will do our best to fix it as soon as reasonably practical after we find out about it. This is the limit of our responsibility and liability for any fault in both the website and the application.

Direct damages limited

If the previous clause does not apply for any reason, our maximum liability to you for all claims for direct damages is 10 GBP. This limit applies whether a claim is based on contract, delict (tort) or any other legal cause of action.

Our maximum liability to you for all claims for direct damages related to this website is 10 GBP.

Indirect damages

We will never be responsible for any indirect or consequential damages or losses, even if we should have foreseen them. These may include any loss of profit, loss of goodwill, loss of use or damages related to lost or damaged data.

Other persons and websites

We are not responsible for anyone else’s website or for the actions of third parties you disclose your information to.

Security

Each authorised user is responsible and liable for activities that occur under their account. You can authorise us to act on any instruction given by an authorised user, even if it transpires that someone else has defrauded both us and you, unless you have notified us in writing prior to you acting on a fraudulent instruction. We are not liable for any loss or damage suffered by you attributable to an authorised user’s failure to maintain the confidentiality of their credentials.

 

General

Entire agreement

The terms are the entire agreement between the parties on the subject.

Changes to website and application

We may change or stop publishing this website without notice and will not be responsible for any consequences. We may also wish to no longer make the application available for download or for use and will place a notification of that on the website or on the application.

Changes to terms

We may change the terms at any time by placing a notice on this website or updating this web page and a notice on the application as well. We may make changes and:

  • provide you with an option to upgrade to a different version of the application,
  • differentiate between paid use and free use of the application, and, therefore
  • require you to pay in order to gain access to other features not currently available.

If you do not agree with the changes, you must stop using this website and the application or the changed terms will apply to you.

We may change any of these terms at any time in terms of this clause.

Facts about website and application

If an administrator of this website and application signs a letter confirming any fact related to both, that letter is conclusive proof of its contents. These may include the version of the terms that apply to any dispute, or what content or functions both had at a particular time or date

Waiver

We do not ever waive (give up) our rights, even if we allow you any favour or extension of time, or we delay enforcing our rights against you.

Severability

Any term that is invalid, illegal, or cannot be enforced must be regarded as deleted. The remaining terms continue as intended.

Law and jurisdiction

English law and conditions (such as time and date) govern the terms. Only the English courts may decide any dispute about the terms.