WHO WE ARE AND THE PURPOSE OF THESE TERMS
We are Square Mile Sport Services Limited ("Square Mile Sport", "us", "we", "our", "SMS" and similar terms) a company registered in England with company number 11015254, whose registered office is at 110 High Holborn, 5th Floor, London, WC1V 6JS.
We license you to use:
- our "Square Mile Sport" mobile app ("App") is a fun online community that will transform the way teams and organisations participate in physical activity, immersing users in a virtual world that enables them to earn points, progress through levels, and unlock charitable donations through individual and team challenges. Incorporating 40 different activity types and a range of single, multiplayer and head-to-head challenges to connect colleagues together, this fully inclusive platform is intended to allow businesses to better engage with their employees in a remote, hybrid or dispersed environment, as well as promoting the health, wellbeing, and productivity of their people.; and
- the services accessible via the App ("Service"),
in accordance with these Terms.
DESCRIPTION OF THE SERVICES
- The App allows integration of personal data from third-party applications such as major mobile sports applications, GPS watches and connected wristbands.
- Personal data can be integrated from an individual's third-party application into the Services and thus record all of their personal data within the App.
- Users will be automatically served weekly challenges and have the ability to choose more activities. As users record physical activity, they will earn 'Journey Points' with the app, these points will open up new areas of the app and allow for badges to won.
We do not guarantee that the App or the Service will meet your exact requirements, be available 100% of the time or be free of bugs.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
APPS STORES' TERMS ALSO APPLY
The ways in which you can use the App may also be controlled by the apps store from which you download the App. The apps store’s rules and policies will apply instead of these Terms where there are differences between the two.
MINIMUM OPERATING SYSTEM
The App requires a mobile telephone or handheld device with a minimum of Android 9 or iOS 12.1 operating system.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Contacting us (including with complaints): If you think the App or the Service are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at [email protected].
Communications with you: If we have to contact you, we will do so by email or by text message, using the contact details you have provided to us.
HOW YOU MAY USE THE APP
In return for your agreeing to comply with these Terms you may:
- download a copy of the App onto a mobile telephone or handheld device ("Device") to view, use and display the App and the Service for your personal purposes only; and
- receive and use any free update of the App incorporating "patches" and corrections of errors as we may provide to you.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE THE APP
You must be 18 or over to accept these terms and use the App. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
ACCOUNT HOLDER REQUIREMENTS
To sign up and use the Service you must:
- Provide your full name;
- Provide your company information;
- Provide a valid email address; and
- Provide any other information indicated as required.
We reserve the right to reject approving a signup, or cancel an account at any time in our sole discretion.
UPDATES TO THE APP AND CHANGES TO THE SERVICE
From time to time, we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. 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 and the Service.
IF SOMEONE ELSE OWNS THE DEVICE YOU ARE USING
If you download the App onto any 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 Device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
WE MAY COLLECT LOCATION DATA
RESTRICTIONS ON YOUR USE OF THE APP
You agree that, except as permitted by these Terms, you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;
- not copy the App, the Service, 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 Service nor permit any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service 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 only used 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 or the Service.
ACCEPTABLE USE RESTRICTIONS
- not use the App or the 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, or harmful data, into the App, the Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or the any Service (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 or the Service;
- not use the Services for any inappropriate commercial solicitation purposes;
- not access any content on the App through any technology or means other than those provided or authorised by the Services;
- not use the App or the Service 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 Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Service and throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Service and other than the right to use them in accordance with these Terms.
We will not be liable for any loss, damage or legal fees where the content or materials were uploaded by our users or where we used the content or materials in good faith or based on a commercial or non-commercial licence for example creative commons.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
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.
We are not liable for business losses. The App and the Service are 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 Service. The App and the Service are provided for general information 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 or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, 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 keep your own back up of any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Service are suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service meet your requirements.
We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service 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.
SMS does not accept liability for any loss, damage or injury that might arise as a result of, or in connection with, your use of the App or the Service, apart from in instances where it would be illegal for us to exclude liability. In cases where our ability to exclude liability is limited by law, we exclude all liability which we are legally entitled to do so, including financial responsibility for damages incurred.
A breach of any section in these Terms as determined by us, may result in an immediate termination of your account and/or end your rights to use the App and Service, without notice. 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 and Service:
- you must stop all activities authorised by these terms, including your use of the App and the Service;
- 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; and
- we may remotely access your Devices and remove the App from them and cease providing you with access to the Service.
WE MAY TRANSFER OUR CONTRACT WITH YOU 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 your contract with us ("Contract").
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under the Contract to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
EACH OF THESE PARAGRAPHS IS A SEPARATE TERM
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 THE CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing our contract with you, 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 the 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.
LAWS APPLYING TO THE 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 App and the Service in the English courts. The Service can be accessed globally, and each country has laws that may differ from those of England, United Kingdom. By accessing the Service, you agree that all matters relating to the use of the Service will be governed by and construed in accordance with English law. Any legal action brought by or against SMS shall be brought in the courts of England, United Kingdom. You hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.