APPLICATION FOR MOBILE DEVICE - USER TERMS

Last modified on 22 November 2017


Abintegro ("your Institution") has authorised you ("you" or "your") to access certain career development resources (the "Services") which utilise a technology platform provided by Abintegro Limited ("we", "us" or "our"). The following terms of use ("Terms of Use") apply solely to your use of this app ("App") in order to access the Services. The Terms of Use for the App are important and affect your legal rights, so please read them and our data privacy policy for individual users https://www.abintegro.com/privacy/abintegro ("Privacy Policy") carefully before you use the App.


1. YOUR ACCEPTANCE OF THESE TERMS OF USE

(a) This App (application for mobile device) is made available to you by us free of charge on behalf of your Institution. We are incorporated and registered in England with company number 6512512, and VAT registration number 932354434. If you have any questions about these Terms of Use, please contact us at mobileapp@abintegro.com or at Abintegro Limited, Building 3, 566 Chiswick High Road, London W4 5YA.

(b) By downloading and using the App, you confirm that you acknowledge our Privacy Policy applies to you and you accept these Terms of Use and that you agree to abide by them. If you do not agree with these Terms of Use or do not understand these Terms of Use, you should cease using the App immediately and uninstall it from your device.

(c) We have the right to change or modify these Terms of Use at any time. As a result, please always verify whether you have consulted the latest version of the Terms of Use. Your continued use of the App constitutes your acceptance of the modified Terms of Use. The date on which the Terms of Use were last modified is indicated at the top of these Terms of Use.

(d) To use the App, you must be at least 18 years of age (or such younger or older age as is necessary to be able to validly consent in your country). If you are younger and you wish to use the App, you must get consent from your parent or guardian before doing so.

(e) We license the use of the App to you on the basis of these Terms of Use and subject to the rules and policies applied by the app store where you have downloaded the App.

(f) From time to time updates to the App may be issued. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.


2. PROTECTION OF YOUR PERSONAL DATA

(a) We respect your privacy. Any personal data collected or otherwise processed through your use of the App shall be processed by us in accordance with our Privacy Policy.


3. INTELLECTUAL PROPERTY RIGHTS AND LICENSE

(a) We (or our licensors where applicable) own all trademarks, copyrights, database rights and other intellectual property rights of any nature in the App and all the underlying software code, together with all developments, improvements, upgrades or enhancements to each of them. All such rights are reserved.

(b) We grant you a worldwide, non-transferable, non-exclusive, royalty-free revocable licence to download, install and use the App on your mobile device for your personal non-commercial use in accordance with these Terms of Use.


4. CONDITIONS OF USE

(a) Except as required by applicable law, you will not, and you will not allow third parties on your behalf to copy, reproduce, distribute, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App, or create derivative works of the App of any kind whatsoever, or attempt to do any of the foregoing.

(b) You must not 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, including viruses, or harmful data, into the App.

(c) You assume sole responsibility for your use of the App. You are solely responsible for any decisions or actions you take based on the information available through the App.


5. INDEPENDENT WEBSITES, CONTENT AND THIRD PARTY TERMS

(a) The App may contains links to your Institution's website and content, and may contain links to other independent websites and applications which are not provided by us. Such independent sites, content and applications are not under our control, and your use of such content, websites and applications will be governed by your Institution’s and/or relevant third party provider’s terms of use and privacy policies.


6. YOUR DEVICE AND CONNECTIVITY

(a) In order to be able to use the App, you need internet access and a compatible mobile telephone or handheld device.

(b) You acknowledge that the terms of agreement with your mobile network provider will continue to apply when using the App. As a result, you or the device owner (as applicable) may be charged by the mobile network provider for access to network connection services while accessing the App. You and the device owner remain at all times responsible for procuring and paying for network connection services and any other costs you may incur in relation to your downloading, installing and/or use of the App. You understand and agree that the downloading of the App to your mobile telephone or handheld device is at your own discretion and risk. Without prejudice to your statutory rights, and save as provided in clauses 9(c) and 9(e), you will be solely responsible for any damages to your mobile telephone or handheld device or loss of data that results from such download and use.

(c) You acknowledge and accept that internet transmissions are never completely private or secure. You understand that any message or information you send using the App may be read or intercepted by others. It's your responsibility to keep your mobile telephone or handheld device and access to the App secure.


7. AVAILABILITY

(a) Due to the nature of the Internet, we cannot guarantee that your access to the App will be uninterrupted, timely or error-free. We may also occasionally need to carry out repairs, maintenance or introduce new facilities and functions which results in the App being unavailable. If the need arises, we may suspend access to the App, or close it indefinitely.

(b) We do not accept any responsibility whatsoever for unavailability of the App from the relevant app store, or communication system failure which may result in the App being unavailable, including any difficulty or inability to download or access information.


8. TERMINATION

(a) This App is provided by us on behalf of your Institution. To be able to use this App you need to have a valid account with your Institution. Your right to access and use this App shall automatically terminate when your account with your Institution terminates for any reason, or if our agreement with your Institution terminates for any reason.

(b) Access to the App may be suspended or terminated for you temporarily or permanently at any time. We will use reasonable efforts to give you prior notice thereof. You also have the right to terminate your use of the App at any time.

(c) We may also terminate your right to access and use this App immediately if you are in breach of any provisions of these Terms of Use.

(d) Upon any termination, the rights and licenses granted to you herein shall terminate and you must cease all use of the App.


9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

(a) You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.

(b) To the maximum extent permitted by the applicable law, the App is provided to you "as is" and "as available", with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the App, either express, implied or statutory.

(c) If we fail to comply with these Terms of Use, subject to clause 9(d), 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.

(d) We will in no event be liable to you for: (i) any loss of profits, business, business opportunities, revenue, turnover, reputation or goodwill, in each case whether direct or indirect; (ii) loss of anticipated savings or wasted expenditure, whether direct or indirect; or (iii) any indirect, consequential or special loss, including any loss arising from any fault of your Institution.

(e) Nothing in these Terms of Use shall exclude or limit our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or to the extent our liability cannot be excluded or limited under applicable law.

(f) 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.

(g) If our provision of support for the App 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 terminate your use of the App.


10. MISCELLANEOUS

(a) You may only transfer your rights or your obligations under these Terms of Use to another person if we agree in writing.

(b) 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, except as expressly set out in these Terms of Use.

(c) Nothing in these Terms of Use intends to deprive you of any rights you may be granted under applicable mandatory laws (including mandatory consumer protection laws where applicable).

(d) Each of the provisions of these Terms of Use operates separately. If any court or competent authority decides that any provision is illegal, invalid or unenforceable, the other provisions will remain in full force and effect, and such provision will be replaced with a valid and enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the illegal, invalid or unenforceable provision.

(e) These Terms of Use and the Privacy Policy constitute the entire agreement between you and us for your use of the App in order to access the Services.

(f) Except to the extent applicable law, if any, provides otherwise, these Terms of Use are governed by and construed in accordance with the laws of England and Wales without regard to its conflict of law rules, and the courts of England and Wales shall have exclusive jurisdiction over any dispute that may arise between you and us in relation to these Terms of Use or the App.


11. DEVICE TERMS

If you are using the App on an Apple device (e.g. iPhone, iPod, iPad)) then in addition to the above Terms of Use you also agree as follows:

(a) you acknowledge that the Terms of Use are between us and you only, and not with Apple Inc. of One Infinite Loop, Cupertino, California 95014, U.S.A. (“Apple”);

(b) the license granted to you to use the App is limited to a non-transferable license to use the App on the mobile operating system product that you own or control as part of your device and as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service;

(c) you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;

(d) in the event of any failure of the App to conform to any applicable warranty you may notify Apple, and Apple will refund the purchase price (if any) for the App to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App;

(e) you acknowledge that we, not Apple, are responsible for addressing any claims of yours or any third party relating to the App including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of the HealthKit and HomeKit frameworks (where applicable);

(f) you acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim;

(g) you represent and warrant that 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 you are not listed on any U.S. Government list of prohibited or restricted parties; and

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

If you are using the App on any other device (e.g android based devices)) then in addition to the above Terms of Use you also agree:

(i) to comply with the Terms of Service of the third party provider of the device (e.g. Google) and its applicable app store (“Provider”);

(j) that the Provider has no responsibility to undertake, or handle, support and maintenance of the App, and any complaints about your App;

(k) that the Provider has no responsibility to you in respect of the App; and

(l) you must comply with all domestic and international export laws and regulations that apply to you and your use of the App.