Customer app acceptable use policy

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE MOBILE APP

WHAT’S IN THESE TERMS?

This acceptable use policy sets out the content standards that apply when you upload content to our mobile app, link to our mobile app, or interact with our mobile app in any other way.

WHO WE ARE AND HOW TO CONTACT US

BY USING OUR MOBILE APP YOU ACCEPT THESE TERMS

By using our mobile app, you confirm that you accept the terms of this policy and that you agree to comply with them.

If you do not agree to these terms, you must not use our mobile app.

We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

Our Terms of use www.bpha.org.uk/customer-app-terms-of-use also apply to your use of our mobile app.

WE MAY MAKE CHANGES TO THE TERMS OF THIS POLICY

You may use our mobile app only for lawful purposes. You may not use our mobile app:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our mobile app in contravention of the provisions of our terms of webmobile app use www.bpha.org.uk/customer-app-terms-of-use.
• Not to access without authority, interfere with, damage or disrupt:
• any part of our mobile app;
• any equipment or network on which our mobile app is stored;
• any software used in the provision of our mobile app; or
• any equipment or network or software owned or used by any third party.

INTERACTIVE SERVICES

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS

Any content uploaded to our mobile app must not:

• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be in contempt of court.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates from [bpha LIMITED], if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Contain any advertising or promote any services or web links to other mobile apps.

BREACH OF THIS POLICY

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use www.bpha.org.uk/customer-app-terms-of-use upon which you are permitted to use our mobile app, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our mobile app.
• Immediate, temporary or permanent removal of any Contribution uploaded by you to our mobile app.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

Please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.