Salter MiBody - Mobile App Terms of Service

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY

BY CREATING AN ACCOUNT BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. Once you accept these terms, you enter into an Agreement with us.

IF YOU DO NOT AGREE TO THESE TERMS, please do not set up an account or try to use the App.

 

Who we are and what this Agreement does

We, Ultimate Products UK Limited, with company number 03357718 of Manor Mill Victoria Street, Chadderton, Oldham, OL9 0DD are a company under the group Ultimate Products PLC and we license you to use: 

• Salter MiBody v3.11.6 mobile application software, the data supplied with the software, (App) and any updates or supplements to it;
• the related online documentation including FAQs and video user guides (the Documentation); and
• the service you connect to via the App and the content we provide to you through it (Services), 

as permitted in these terms of service (Terms). 

You can find everything you need to know about us and our products, our App and our Services on our website here https://salter.com/.

 

These Terms may have changed since you last reviewed them 

These Terms were most recently updated 07/10/2022. Every time you wish to use our App and the Services, please check these Terms (either on the App or at https://salter.com/ ) to ensure you understand the terms that apply at that time.

 

Your privacy 

We will collect your personal information when you create an account, link a product and use our App. Where necessary, we will obtain your consent via the App at the time of collecting your personal information. 

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal information and for what purposes and your rights in relation to your personal information and how to exercise them. This information is provided in https://salter.com/salter-mibody-app-privacy-notice/ and it is important that you read that information.

 

The app store's terms also apply 

The ways in which you can use the App and Documentation may also be controlled by the rules and policies on the app store from where you download our App and those rules and policies will apply instead of these Terms where there are differences between the two.

 

Operating system requirements 

This App requires either an Android device which supports Android 4.3 or later or an Apple device which supports iOS 8.0 or later.

 

Support for the App and how to tell us about problems 

Support. If you want to learn more about the App or the Services or have any problems using them please take a look at our support resources at https://salter.com/contact-us/.

 

Contacting us (including with complaints). If you think the App, Documentation or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@salterhousewares.co.uk.

 

How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us in your account details.

 

How you may use the App, including how many devices you may use it on 

Our App is made available free of charge. You use the App at your own risk (though please see 'Our responsibility for loss or damage suffered by you' below for more information).

 

In return for your agreeing to comply with these Terms you may: 

• download or stream a copy of the App onto compatible devices and view, use and display the App and the Services on such devices for your personal purposes only. In addition, you may share the App and the Services in accordance with the rules set by the app store from where you download this App;
• use any Documentation to support your permitted use of the App and the Services;
• provided you comply with the 'Licence restrictions' below, make up to one (1) copy of the App and the Documentation for back-up purposes; and
• 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 are responsible for ensuring that your scales and/or blood pressure monitor are maintained in accordance with the instructions provided with them when you purchased them. Please contact us if you have any questions in relation to the App, Services, Documentation or any Salter products at: https://salter.com/contact-us/.

 

Before you embark upon any changes to your diet or exercise routine, you should consult a medical professional. This App and the Services are not medical advice and should not be relied upon. You must not use the App and/or Services for any form of self-diagnosis or to monitor any health conditions that you may (or may not) have. We provide no warranties about the information provided on the App, the Documentation and/or the Services, including (but not limited to) that the information is error-free and/or accurate.

 

You must be aged 13 or older to accept these Terms and to download and use the App 

If you are under the age of 13 years old, you must get consent before using the App from a parent or guardian.

 

The App is available online but you should only access it if your use of the App does not breach any laws or regulations in your location 

The App has been created in the United Kingdom. We do not represent that content available on or through our App is appropriate for use or available in other locations. By continuing to access, view or make use of the App and any related content and the Services, you hereby warrant and represent to us that you are located in a territory where the law does not prohibit you from accessing the App. If for any reason you are located in a territory where the law prohibits access to the App, you must immediately discontinue use of this App and any related content and Services. 

You must not use or access this App if you are located in the United States of America. Please immediately stop using this App on your device if you are.

 

You may not transfer the App to someone else 

We are giving you personally the right to use the App and the Services as set out at 'How you may use the app' above. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Services to someone else, whether for money, for anything else or for free. If you sell or otherwise dispose of any device on which the App is installed, you must first remove the App from it.

 

Changes to these Terms 

We amend these terms from time to time. 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. 

You will be required to click a pop-up or message to accept the changes when you next open the App. If you do not accept the notified changes you will not be permitted to continue to use the App and the Services.

 

Update to the App and changes to the Services 

We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. 

From time to time we may automatically update the App and change the Documentation and/or Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We may suspend or discontinue all or part of the App, Documentation and/or Services at our discretion and we will try to give you reasonable advance notice of this but that may not always be possible. 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, Documentation and the Services. 

We will use reasonable endeavours to ensure that the App works with the current or previous version of the operating system (as it may be updated from time to time) but we provide no guarantee.

 

If someone else owns the phone or device you are using 

If you download 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 are not responsible for other websites you link to 

The App, Documentation 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.

 

You must keep your account details safe 

Before you can access the App you may be required to complete and register for an account and you will be required to provide information requested in a form. The information you provide must be complete, accurate, up-to-date and not misleading. We may rely on any information provided by you so it is important you comply with this requirement. You must tell us promptly about any changes to the information that you have provided to us and you can do this by changing your details in the App via settings. 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. 

We have the right to disable any user identification code, account name, email address and/or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. 

If you know or suspect that anyone other than you knows your user identification code, account details and/or password, you must promptly notify us at https://salter.com/contact-us/. 

We are not responsible for any loss or damages that you may suffer if you disclose any of your account details to anyone else.

 

Licence restrictions 

You agree that you will: 

• except in the course of permitted sharing (see 'How you may use the app', above), 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, the 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, the 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, the Documentation 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, the Documentation 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 our 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;
• 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; and

• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App, the Documentation or any Service. 

 

No text or data mining, or web scraping 

You must not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our App or any Services provided via, or in relation to, our App. This includes using (or permitting, authorising or attempting the use of):

 

• any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the App or any data, content, information or Services accessed via the same; and
• any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

 

The provisions in this paragraph should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). 

This paragraph shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

 

Acceptable use restrictions 

You must: 

• use our App, the Documentation and the Service in accordance with our 'Acceptable Use Policy' (see below);
• not use the App, the Documentation 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, trojans, worms, logic bombs or harmful data, into the App, any Service or any operating system;
• not attempt to gain unauthorised access to our App, the server on which our App is stored or any server, computer or database connected to our App. You must not attack our App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App, the Documentation and the Services will cease immediately;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App, the Documentation 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, the Documentation or any Service;
• not use the App, the Documentation 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.

 

You are also responsible for ensuring that all persons who access our App through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them. 

We are not responsible for viruses and you must not introduce them. We do not guarantee that our App will be secure or free from bugs or viruses. 

You are responsible for configuring your information technology, computer programmes and device to access our App. You should use your own virus protection software. 

We may (but are not obliged to) monitor your activities (or be alerted to the same) on the App for reasons including but not limited to bug fixing, analytics and updates. If you have any questions about this please contact us (see 'Contacting us (including with complaints)' above).

 

Rules for linking to us, the App and our Website 

You may link to our websitehttps://salter.com/which includes more details about the App and the Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 

Our App must not be framed on any other website, nor may you create a link to any part of the App other than the home page. 

We reserve the right to withdraw linking permission without notice. 

The website in which you are linking must comply in all respects with the ‘Content Standards’ set out below. 

If you wish to link to or make any use of content on the App other than that set out above, please contact us (see 'Contacting us (including with complaints)' above).

 

Uploading content to our App 

Whenever you make use of a feature that allows you to upload content to our App, or to make contact with other users of our App, you must comply with the Content Standards set out in our Acceptable Use Policy below. Please see the definition of ‘Contribution’ in the ‘Acceptable Use Policy’ (below). 

You warrant that any such Contribution does comply with those standards, and you will be liable to us and will cover us on a pound-for-pound (£) basis for any losses or damage that we may suffer for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. 

If your Contribution on the App contains photographs of people, you must ensure that you inform them that you intend to use the material on the App and obtain their consent. We may ask you for evidence of any such consent and reserve the right to delete / remove (in whole or in part) your Contribution if you are unable to provide it or if we have doubts about its adequacy. 

Any content you upload to our App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a licence to use, store, copy and/or delete that content and to distribute and make it available to third parties in accordance with the license that you grant to us as described in 'Rights you are giving us to use material you upload' (below). 

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our App constitutes a violation of their intellectual property rights, or of their right to privacy. 

We have the right to remove any posting you make on our App if, in our opinion, your Contribution, content or post does not comply with the Content Standards set out in our 'Acceptable Use Policy' (see below). We may also delete any content or data that you uploaded onto the App if you ask us to delete it. 

You are solely responsible for securing and backing up your content.

 

Rights you are giving us to use material you upload 

When you upload or post content to our App, you grant us the following rights to use that content: 

• a worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable licence to use, store, reproduce, distribute, edit, prepare derivative works of, display, and perform that user-generated content in connection with the Services and the App and across different media including to promote the App or the Services forever without naming you; and
• a worldwide, non-exclusive, royalty-free, transferable licence for other users or our licensees to use the content in accordance with the functionality of the App to expire when the user deletes the content from the App.

 

You irrevocably and unconditionally waive any moral rights in the content that you post on the App to which you or any other individual is now or may be at any future time entitled under Chapter IV of Part I of the Copyright Designs and Patents Act 1988 as amended from time to time or any similar provision from time to time in force anywhere in the world. These waivers will be in favour of Ultimate Products UK Limited and our licensees, sub-licensees, assignees and successors in title to the content that you post on the App. 

You are not entitled to any fees for granting the licences (the rights) you give to us and to our users and licensees. If you want to terminate the licence you grant to us, please contact us (see 'Contacting us (including with complaints)' above). 

For the avoidance of doubt, if we use your content in any way that incorporates your content, for example in the App or any of our other websites as we are allowed by the licence you provide to us,: 

• you continue to own your content; and
• we or our licensors (as applicable) own all other rights, including intellectual property rights, in the creation.

 

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, the Documentation and the Services are licensed (not sold) to you. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 

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. 

You may print off one copy, and may download extracts, of any page(s) from our App or the Documentation for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. 

Our status (and that of any identified contributors) as the authors of content on our App and the Documentation must always be acknowledged (except where the content is user-generated). 

You must not use any part of the content on our App or Documentation for commercial purposes. 

If you print off, copy, download, share or repost any part of our App or the Documentation in breach of these Terms, your right to use our App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

User-generated content is not approved by us 

This App may include information and materials uploaded by other users of the App, including to profile pictures and content in group challenges. This information and these materials have not been verified or approved by us. The views expressed by other users on our App do not represent our views or values.

 

How to complain about content uploaded by other users 

If you wish to complain about content uploaded by other users, please contact us on https://salter.com/contact-us/.

 

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 to the maximum of £1000. 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, the Documentation 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, the Documentation or the Services.

 

Although we make reasonable efforts to update the information provided by the App, the Documentation and the Services, 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 Services.

 

Check that the App, the Documentation and the Services are suitable for you. The App, the Documentation 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 app store site where our App is available to download 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 via email 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 agreement with us.

 

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 via email 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. We decide whether what you have done (or not done) is in breach of these Terms.

 

If we end your rights to use the App and Services: 

• you must immediately stop all activities authorised by these Terms, including your use of the App and any Services;
• you must immediately 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; and
• we may delete your account/profile and data from our systems.

 

We reserve the right to issue legal proceedings against you and/or to take legal action against you. 

We may disclose any information to law enforcement authorities as we reasonably feel is necessary.

 

Your right to end your use the App and the Services 

At any time, you can delete the App from your device and you can stop receiving the Service. Your device may invite you to delete the App and the data stored on it. If you do this, the data will not be recoverable.

 

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 by writing to you at the email address linked to your account on the App if this happens and we will ensure that the transfer will not affect your rights under the agreement.

 

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. That means this agreement is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

 

If a court finds part of this agreement 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 agreement, we can still enforce it later

Even if we delay in enforcing this agreement, 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 agreement, 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 agreement 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. For details of the alternative dispute resolution process please contact us 'Contacting us (including with complaints)' (above).

 

If you are not satisfied with the outcome of the alternative dispute resolution process you can still bring legal proceedings.

 

Acceptable Use Policy 

This Acceptable Use Policy, which is part of the Terms, sets out the content standards that apply when you upload content to our App, make contact with other users on our App, link to our App, or interact with our App in any other way.

 

Prohibited uses 

You may not use our 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 bully, insult, intimidate or humiliate any person;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our 'Content Standards' (see below);
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or excessive / unreasonable 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; or
• to upload terrorist content.

 

You also agree: 

• not to reproduce, duplicate, copy or re-sell any part of our App in contravention of the provisions of these Terms; and
• not to access without authority, interfere with, damage or disrupt:
• any part of our App;
• any equipment or network on which our App is stored;
• any software used in the provision of our App; or
• any equipment or network or software owned or used by any third party.

 

Interactive services 

We may from time to time provide interactive services on our App, including, without limitation: an ability to change a “user name”, profile picture, the “group name” and/or “challenge name”, or such other services as provided for on the App from time to time (Interactive Services).

Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered and how you can use the Interactive Services. We may apply filters to prohibit or block the use of certain words on the App. 

We do not moderate the App or any Interactive Service. We are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our App, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our Content Standards. If you have any questions please contact us (see 'Contacting us (including with complaints)' above).

The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them. 

We do not store terrorist content.

 

Content standards 

These Content Standards apply to any and all material which you contribute to our App (Contribution), and to any Interactive Services associated with it. 

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. 

We, Ultimate Products UK Limited, will determine, in our discretion, whether a Contribution breaches the Content Standards. 

A Contribution must: 

• be accurate (where it states facts);
• be genuinely held (where it states opinions); and
• comply with the law applicable in England and Wales and in any country from which it is posted. 

A Contribution must not: 

• be defamatory of any person;
• be obscene, offensive, hateful or inflammatory;
• bully, insult, intimidate or humiliate;
• prejudice respect for human dignity;
• promote sexually explicit material;
• include child sexual abuse material;
• promote violence;
• include or promote discrimination based on race, sex, ethnic origin, religion or belief, nationality, disability, sexual orientation or age;
• encourage behaviour prejudicial to health or safety;
• encourage behaviour grossly prejudicial to the protection of the environment;
• cause physical, mental or moral detriment to persons under the age of 18;
• 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 content or 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 Ultimate Products UK Limited (or any company in our group), 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 what we could consider to be an unreasonable level of advertising or promote any services or web links to other sites or apps;
• directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
• directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
• exploit the trust of such persons in parents, teachers or others; and
• unreasonably show such persons in dangerous situations.

 

You must use the functionality provided on our App to declare whether, as far as you know or can reasonably be expected to know, any Contribution contains advertising.

 

Breach of this Acceptable Use 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 upon which you are permitted to use our App, the Documentation and the Services and may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use our App, the Documentation and the Services;
• immediate, temporary or permanent removal of any Contribution uploaded by you to our 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; and
• 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. 

Please contact us at the details provided at 'Contacting us (including with complaints)' (above) if you have any questions or wish to discuss this Acceptable Use Policy further.