BY CHECKING THAT YOU AGREE TO OUR APP TERMS & CONDITIONS ON THE LOGIN FORM YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DON’T USE THE APP. YOUR USE OF THE APP IS SUBJECT TO THESE TERMS.

 

THESE TERMS AND CONDITIONS APPLY TO ALL USERS OF THE UNION APPLICATION PROVIDED BY UNION MANCHESTER (EAST AND WEST) MANAGEMENT LIMITED .

Welcome to our Union App (the App)! We appreciate reading [15] pages of legal talk is not for everyone, so we wanted to simplify the core propositions of the App into an easy-to-read introduction. Please note, this does not include EVERYTHING covered in the terms of service, but it does highlight what we think are the most relevant things users need to know. 

You must be 18 or over to accept these terms and download the App. 

The App is designed to improve your Union experience. It aims to be a safe place for people to come together and meet other residents in the Union community. It is not the place for criminal activity, racism, sexism, bullying and quite simply anything that could be deemed inappropriate for the eyes of another user on the platform. We want the App to be a tool for good people to do good things, and we ask you as part of our community to help uphold these principles. 

We really hope you enjoy using the App and appreciate the uses we see for it. We encourage you to recommend improvements to the platform, as well as recommend it to people you think it might be useful for. 

Anyone who uses the App will be referred to in these terms as a “User”. 

OTHER TERMS THAT MAY APPLY 

Your Privacy

The Union Privacy Policy is also applicable in respect of anyone using the messaging and social functionality of the Union App generally. Our Privacy Policy explains how we process your personal data and other important information such as who to contact to exercise your rights. You can read it here. 

Additional terms 

Please note, the Conditions do not cover all terms that apply to your use of the App, but it does highlight what we think are the most relevant things Users of the App need to know. For full details of the terms that apply to your use of the App, we highly recommend that you review the Conditions together with our Full Terms of Service and the Privacy Policy.

Apple Store and Google Play’s Terms Also Apply. 

The ways in which you can use the App may also be controlled by Apple Store and Google Play’s rules and policies (https://developer.apple.com/app-store/review/guidelines/ and https://play.google.com/about/developer-content-policy/#!?modal_active=none). 

Where there are differences between our Terms and the Apple Store or Google Play Terms, their terms will apply.

THE APP AND YOUR DEVICE

This App requires a device operating either the Android version 5.0 Lollipop or iOS 12 or such other later versions as may be released from time to time.

Support For the App And How To Tell Us About Problems

If you want to learn more about the App, have any problems using the App or if you think the App is faulty or misdescribed, please email our customer service team at [email protected].

How We Will Communicate with You.

If we have to contact you, we will do so either through the App, by email or by SMS, using the contact details you have provided to us.

How You May Use The App, Including How Many Devices You May Use It On.

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

• download or stream a copy of the App onto any number of compatible devices and view, use and display the App on such devices for your personal or organisational purposes only;
• provided you comply with these terms, make a copy of the App 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.

ACCEPTABLE USE OF THE APP AND ITS FEATURES  

Breach of these terms and conditions

A breach of these App terms of use may affect your ability to use the App and to stay at Union. 

We may, at our sole discretion, suspend, terminate or limit your ability to use the App in the event you breach any of these terms. A breach of these terms will constitute a breach of the Union House rules and may result in action being taken under the terms of your occupancy agreement with Union. 

Safety

We need your help to ensure a safe and trustworthy environment in the App. 

By accepting these terms and using the App you agree not to:

1. use the App if you are below 18 years old;
2. post unauthorised commercial communications (including advertising & spam) or any material that you are not permitted to use);
3. collect other Users’ content or information, or otherwise access the App, using automated means (such as harvesting bots, robots, spiders, or scrapers);
4. share any personal data (as defined in the Data Protection Act 2018) where it is unnecessary to do so;
5. engage in unlawful multi-level marketing, such as a pyramid scheme, on the App;
6. solicit login information or access an account belonging to someone else;
7. bully, intimidate, or harass any User;
8. post or transfer any material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
9. post content that is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
10. post any material that is defamatory, offensive or otherwise objectionable;
11. post implied links to inappropriate content;
12. post any content on the App that is illegal under UK law or under the laws of the countries where you or other Users of the App reside or view content in;
13. use the App to do anything unlawful, misleading, malicious, or discriminatory;
14. facilitate or encourage any violations of these terms, the Full Terms of Service, our Privacy Policy or any other policies.
15. upload viruses or other malicious code;
16. impersonate anyone (including by using false details to create profiles);

You also agree to:

1. report anything you feel is inappropriate to us at [email protected];
2. cooperate with valid law enforcement requests.

Acceptable Use Restrictions

You must not:

• use the App to collect inappropriate amounts of personal data;
• act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
• infringe our intellectual property rights or those of any third party in relation to your use of the App, including by the submission of any material (to the extent that such use is not licensed by these terms);
• use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users; and
• collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App.

You agree that you will:

• not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us.
• not copy the App, 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, nor permit the App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App 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 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 the Licensor’s 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; and
  • 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.
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

Protecting Other People’s Rights

We respect other people’s rights and expect you to do the same. Therefore, you will not post content or take any action on the App that infringes or violates someone else’s rights or otherwise violates the law. Nor will you post anyone’s identification documents or sensitive financial information on the App without that person’s prior consent.

If you repeatedly infringe other people’s intellectual property rights, we may delete or restrict the functionality of your account as appropriate. 

If you collect information from other Users, you will obtain their consent and make it clear that you (and not us) are the one collecting their information.

Ownership Of Content 

All intellectual property rights (if any) in the content posted by Users of the App will be owned by that User. You grant us and our identified third party service providers for marketing and promotional purposes a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the content that you post on or through the App, subject to our Privacy Policy. 

Messages on the App cannot be deleted by a User. If a User uses the ‘Take a Break’ feature within the App, their messages and profile will be hidden from view to all other Users, but the data will remain. Once a User’s account is closed (whether this is due to the User no longer living at Union, or because a User has been blocked from using the App) all data will be retained for a period of 12 months. If during this time a User is reinstated in the App, this data can be retrieved.

Right to Take down Content and Remove Users

The App is a friendly communication platform, and we are strictly against any inappropriate content being posted on the App. We retain the right to administer and monitor this content. We provide a reporting function whereby Users can report content that is inappropriate. We reserve the right to remove any content from the App and delete or limit the functionality of any User for any reason, without prior notice. We reserve the right to report any content to the relevant authorities and security services if necessary. Please note you will not have the right to be forgotten if we have legal ground for processing your data.

GENERAL 

We are giving you personally the right to use the App as set out above. You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it. 

Changes to These Terms. 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. If you do not accept the notified changes, you will not be permitted to continue to use the App . 

Updates to The App. From time to time we will ‘issue’ updates to the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. This will be ‘issued’ as an automatic update or if you opt out of automatic updates, you can choose to install the update manually. 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. The App will always match the description of it provided to you when you downloaded it. 

If Someone Else Owns the Phone or Device You Are Using

If you download or stream 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 May Collect Technical Data about Your Device.

By using the App you agree to our collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any services to you. 

We May Collect Location Data (But You Can Turn Location Services Off).

Certain services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based services. You may stop us collecting such data at any time by turning off the location services settings on your device settings. Turning these services off may require us to limit functionality or its effectiveness. 

We Are Not Responsible For Other Websites You Link To.

The App 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. 

Notifications 

You can stop the App from sending you notifications by turning off notifications in the settings of your device. Turning off notification settings will prevent some of the App features to work. 

Intellectual Property Rights (Other Than Content) 

All intellectual property rights in the App throughout the world belongs to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use it in accordance with these terms. 

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. However, we will not be liable for damage that you could have avoided by following reasonable precautions or 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. 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. 

The App is provided for general information and entertainment purposes only. It does 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. 

Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. 

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. 

The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App meet your requirements. 

We are not responsible for events outside our control. If our provision of services or 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. 

We May End or Limit Your Rights to Use The App If You Break These Terms. 

We may end or limit your rights to use the App at any time by contacting you 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. 

If we end your rights to use the App: 

•       You must stop all activities authorised by these terms, including your use of the App.

•       You must 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.

If we limit your rights to use the App, you may continue to access the App, but your App functionality will be restricted. 

We may also seek separate remedies to breaches to your Union occupation agreement or the Union House Rules.

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 in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 

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. 

If A Court Finds Part Of This Contract 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 Contract, 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 contract, 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 Contract 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. If you live outside of the England, Scotland or Northern Ireland then you without limitation waive all rights to non-English laws or to take legal action outside of England. If you do enter into any legal action outside of England, Scotland or Northern Ireland then you agree without reservation to pay any and all legal costs that we consider appropriate to defend such actions. 

Alternative Dispute Resolution. 

Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform. 

We have designed the App as a platform to help people to do good things together collectively as a community. We have core values around data, content and privacy which we hope will change the status quo when it comes to online engagement. We hope you enjoy your time using the App and help make the online world a better place by using it.