Welba App – Terms of Use

BACKGROUND:

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this App (“Our Site/ Our App/ Our Platform”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our App. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our App immediately. These Terms of Use do not apply to the sale of services.

1. Definitions and Interpretation
   • In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

2. Information About Us
   • This App is operated by Welba App Limited, a Company registered in England & Wales under Company Number 13437690. Our Registered Office is located at 59 Rock Hill, Chipping Norton, OX7 5BA, United Kingdom. Our Principal place of business is via our App and from our office located above. (“the Company”).
   • Our App allow individuals, companies, charities, schools or other organisations to set challenges across a range of activities in the well-being, environmental, community and nutrition spaces.
   • Users can set challenge goals, frequency and duration and apply their challenge for fun or for charity. Fundraising targets can be set and payment transmitted via a third-party fundraising portal can be made to 17,000+ registered UK charities.
   • Welba does not charge a transaction fee however the transaction of any funds raised for beneficiaries is made through Stripe’s Payment Platform which charges 5% + 5p (on transactions < £5) or 1.2% + 20p (on transactions < £5) in the UK. For International and American Express payments Stripe charge 2.9% + 20p.
   • The distribution of any funds raised for beneficiaries is made and handled by “Charities Trust” outside of the app and in doing so take a 2.5% handling fee. Charities Trust are registered with the Fundraising Regulator.
   • Currently, we do do not make any charges or take commissions, and do not store your financial information.
   • Our ICO Registration Number is: ZB186253.
3. Access to Our App, Account Registration & Use
   • Access to and use of Our App is free of charge. If there are any changes to this in the future, you will be notified of any fees, charges or updates in advance of any changes taking effect.
   • It is your responsibility to make any and all arrangements necessary in order to access Our App. We may alter, suspend or discontinue Our App (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our App (or any part of it) is unavailable at any time and for any period.
   • In order to access the functions of the App, it is a requirement that you complete our registration process. Please ensure you have read and agreed with Our Privacy and Data Policy before doing so.
   • Use of Our App is intended for UK Users. If you are not inside the UK then you should check that Our App and your use, is compliant with the laws of your own residence. Our Terms and Conditions however, will remain subject to the Laws of England & Wales.
   • In order to open an account or User Profile with Us, you should be at least 18 years of age. If you are under 18 years old then you can still open an account with the express consent of your Parent or Legal Guardian. You should only use your account or profile with the supervision of your parent or Legal Guardian.
   • As with all other Users, you should also take great care when responding to any notices, offers or communications from other Users. Welba App takes no responsibility for your conduct or actions when using our App.
   • Within Our App you can set challenges and goals for various activities. We provide a “Leaderboard” for certain activities undertaken. Users can opt-out of public appearance on the Leaderboard via your user profile. Your profile may still be accessible in non-private/ public challenges.
   • Users can end their own challenge/s they have set at any time. You can also leave a challenge or activity you may have joined at any time.
   • With your consent, from time-to-time Welba App will email participants of a challenge, with applicable marketing or invitations related to an Organisation that have set up particular events or challenges. If you wish, you may opt-out of such communications in your User Profile.
4. Intellectual Property Rights
   • With the exception of User Content, all Content included on Our App and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
   • You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our App unless given express written permission to do so by Us.
   • You may:
     • Access, view and use Our App via any compatible ios and Android mobile phones;
     • Download Our App (or any part of it) for caching and use;
     • Print one copy of any page(s) or screengrabs from Our App;
     • Download extracts from pages on Our App; and
     • Save pages from Our App for later and/or offline viewing.
   • Our status as the owner and author of the Content on Our App (or that of identified licensors, as appropriate) must always be acknowledged.
   • You may not re-use any Content printed, saved or downloaded from Our App for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our App whether by business users or consumers.
5. Links to Our App
   • You may link to Our App provided that:
     • you do so in a fair and legal manner;
     • you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
     • you do not use any logos or trade marks displayed on Our App without Our express written permission; and
     • you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
   • Framing or embedding of Our App on other websites or perma-links is not permitted without Our express written permission
   • You may not link to Our Platform or App, from any other site the main content of which contains material that:
     • is sexually explicit; is obscene, deliberately offensive, hateful or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age; is sexist, blasphemous to religion, is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive another person;is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
     • misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
     • implies any form of affiliation with Us where none exists;
     • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
     • is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

6. Links to Other Sites

6.1       Links to third Party sites such as Charities Trust and individual charitable, welfare and voluntary organisations may be included on Our Platform. Unless expressly stated, these sites are not under Our control. We neither assume nor accept any responsibility or liability for the content of any third-party site. The inclusion of any links to Third Parties via Our App is for  information only and does not imply any endorsement of the sites nor the organisations themselves or of those in control of them. You should check the Terms of Use and Privacy/ Cookies Policy of any third-party sites that we link to as they may not be the same as ours.

7. Liability and Disclaimers
   • Nothing in Our App constitutes actual advice on which you should rely. It is provided for information purposes only. If you are unsure whether our Services or any challenges or activities which are listed, or which you may initiate yourself, (particularly if they involve any degree of physical exercise or physical challenges) meets your needs, professional, medical or specialist advice should always be sought before taking any action on the basis of any information provided in Our App.
   • Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our App will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
   • We make reasonable efforts to ensure that the Content on Our App is complete, accurate, and up to date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up to date.
   • To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our App or the use of or reliance upon any Content (including User Content) included on Our App.
   • If you are a business user, we hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our App or Content. We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
   • If you are a Consumer user, please note that Our App is mostly intended for recreational and personal interest use. If you have an enquiry relating to your rights as an individual Consumer, then you should contact us directly with any request/s.
   • We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
   • Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
   • The limitations of liability included in this Clause 7 apply only to the use of Our App and not to the sale of services, which is governed separately by Our Terms and Conditions of Sale.
   • The User acknowledges that all challenge or event participants, enter specifically and entirely at their own risk. We do not give any advice or guidance which you should refer to as being actual advice. We recommend that all if you suffer from any medical conditions or health concerns, or have any questions whether such challenges are suitable for you, that you seek the advice of your GP or other suitable medical advice before taking part.
8. Viruses, Malware and Security
   • We exercise all reasonable skill and care to ensure that Our App is secure and free from viruses and other malware.
   • You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
   • You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our App.
   • You must not attempt to gain unauthorised access to any part of Our App, the server on which Our App is stored, or any other server, computer, or database connected to Our App.
   • You must not attack Our App by means of a denial-of-service attack, a distributed denial of service attack, or by any other means.
   • By breaching the provisions of these clauses, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our App will cease immediately in the event of such a breach.
9. Acceptable Usage Policy
   • You may only use Our App in a manner that is lawful and that complies with the provisions of this Clause 11. Specifically:
     • you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
     • you must not use Our App in any way, or for any purpose, that is unlawful or fraudulent;
     • you must not use Our App to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
     • you must not use Our App in any way, or for any purpose, that is intended to harm any person or persons in any way.
   • When submitting User Content (or communicating in any other way using Our App), you must not submit, communicate or otherwise do anything that:
   • is sexually explicit; is obscene, deliberately offensive, hateful or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age; is blasphemous to religion, is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive another person; is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
   • misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
   • implies any form of affiliation with Us where none exists;
   • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
   • is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

• We reserve the right to suspend or terminate your access to Our App if you materially breach the provisions of these Terms of Use. Specifically, We may take one or more of the following actions:
  • suspend, whether temporarily or permanently, any Account you may have and/or your right to access Our App;
  • remove any User Content submitted by you that violates this Acceptable Usage Policy;
  • issue you with a written warning;
  • take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
  • take further legal action against you as appropriate;
  • disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or any other actions which We deem reasonably appropriate (and lawful).
  • We hereby exclude any and all liability arising out of any actions (including those set out above) that We may take in response to breaches of these Terms.
• Privacy and Cookies

10.1     Use of Our App is also governed by Our Cookie Policy and our Privacy Policy, available from the footer of our Homepage. These policies are  incorporated into these Terms of Use by this reference.

• Changes to these Terms of Use
  • We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our App after any of the changes have been implemented. You are therefore advised to check this page from time to time.
  • In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
• Contacting Us

12.1     To contact Us, please email Us at [email protected] or by using any of the methods provided on Our Contact Us page.

• Communications from Us
  • If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email.  Such   notices may relate to matters including, but not limited to, service   changes, changes to these Terms of Use, Our Terms of Sale, and   changes to your Account.
  • We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt-out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 7 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
  • For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us by email shown in 12 above or using our App Support page.
• Data Protection
  • These clauses outline our compliance with UKGDPR and The Data Protection Act.
  • All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and the UKGDPR and your rights under them depending on your location.
  • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookie Policy available at the footer of our Homepage.
• Law and Jurisdiction
  • These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and           construed in accordance with the Laws of England & Wales.
  • If you are a business, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.
  • If you are a Consumer, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive  jurisdiction of the courts of England.