PLEASE
READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE. These
terms and conditions were last updated on 16 February 2024.
Important Announcement
regarding Push Notifications:
Push Notifications: Note that the myEPS app uses push notifications to notify you of schedule
changes, new messages, shift requests and more.
To provide you with this service, we partner with OneSignal,
a trusted notification delivery platform.
What we share: To ensure you
receive relevant notifications, we share information with OneSignal,
which is limited to your user ID and company ID. Your privacy is important to us. The information shared is used solely for
notification services.
Your Choices: You have full
control. You can opt-in to enable push
notifications and change your preference at any time in the app privacy
settings. Choosing not to opt-in will
not affect your use of myEPS but you will not receive
notifications.
This end-user licence
agreement (this “EULA”) is a legal agreement
between you (the “End-user” or “you”)
and Eproductive Limited (Company No. 04076548) whose registered and trading
office is at Lymehouse Studios, 3rd Floor
Rear, 30-31 Lyme Street, London NW1 0EE (the “Licensor”, “we”, “us”, “our”)
for:
·
Any and all of our application software, currently including (without
limitation) EPR, myEPR, EPS, myEPS,
EPROS, EPR Touch, Gift Aid Training App, Supporter App and Team and the
associated media (the “App”); and
·
The
electronic documents accompanying the App including the user instructions (“Documents”).
We have entered in to a contract with a third party (“Our Client”) who has requested that we make the App and Documents
available to you for use by you in order for you to perform your obligations to
Our Client (the “Purpose”).
We license use of the
App and Documents to you on the basis of this EULA and
subject to any terms, conditions, rules and policies applied by any appstore provider or operator (such as, for example, the
Apple App Store and Googleplay, each an “Appstore”)
from whose site you downloaded the App (“Appstore Rules”). Our Client
may also impose certain rules and policies on your use of the App and Documents
(the “Client Rules”).
In the event of any
conflict between the Appstore Rules, the terms of this EULA and the Client
Rules, the order of priority shall be as follows: 1. The Appstore Rules; 2. The
terms of this EULA; 3. the Client Rules.
We do not sell the App
or Documents to you and/or to Our Client. We remain the
owners of the App and Documents at all times.
Any words following the
terms including, include, in particular or for example or any similar phrase shall
be construed as illustrative and shall not limit the generality of the related
general words.
The App requires an iOS
device supporting iOS9 or an Android device supporting version 4.4 and above.
IMPORTANT NOTICE:
BY DOWNLOADING THE APP FROM THIS WEBSITE OR BY USING THE
APP IN ANY WAY (WHICHEVER OCCURS EARLIER) YOU AGREE TO THE TERMS OF THIS
LICENCE WHICH WILL BIND YOU. THE TERMS OF THE LICENCE INCLUDE, IN PARTICULAR,
THE PRIVACY POLICY DEFINED IN CONDITION 1.5 AND LIMITATIONS ON LIABILITY IN CONDITION 7.
You should print a copy of this EULA for future reference.
Agreed terms
1.1
The
terms of this EULA apply to the App and any of the services accessible through
the App (the “Services”),
including any updates or supplements to the App or any Service, unless they
come with separate terms, in which case those terms apply. Please be aware that
some of the provisions contained in this EULA may be superseded by provisions
or notices published elsewhere on the App.
If any open-source software is included in the App or any Service, the
terms of an open-source licence may override some of the terms of this EULA.
1.2
We
may change these terms at any time by notifying you of a change when you next
start the App and/or visit our website at eproductive.com. The new terms may be
displayed on-screen and you may be required to read
and accept them to continue your use of the App and/or Services.
1.3
From
time to time updates to the App may be issued through
our website and/or the Appstore. Depending on the update, you may not be able
to use the Services until you have downloaded or streamed the latest version of
the App and accepted any new terms.
1.4
You
will be assumed to have obtained permission from the owners of any Devices that
are controlled, but not owned, by you prior to you downloading or streaming a
copy of the App onto such Devices. You and they (the Device owner) may be
charged by your and their service providers for internet access on the Device(s).
You accept responsibility in accordance with the terms of this EULA for the use
of the App or any Service on or in relation to any Device, whether
or not it is owned by you.
1.6
By
using the App or any of the Services, you consent to us collecting and using
technical information about the Device(s) and related software, hardware and
peripherals for Services that are internet-based or wireless to improve our
products and to provide any Services to you.
1.7
Certain
Services may 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 and road traffic-based products and services.
1.8
The
App or any Service may contain links to other independent third-party websites
(each a “Third-party
Site”). Third-party Sites are not under our control and we are not responsible for and do not endorse
their content or their privacy policies (if any). You will need to make your
own independent judgement regarding your interaction with any Third-party
Sites, including the purchase and use of any products or services accessible
through them.
1.9
You
hereby confirm and represent that:
(a)
you are at least 16 years old; or
(b)
If you are under 16 years old that you have obtained your parent
or guardian’s consent to your use of the App and their agreement to the terms
of this EULA;
(c)
You are not located in a country that is subject to a US
Government embargo, or that has been designated by the US Government as a
‘terrorist supporting’ country; and
(d)
You are not listed on any US Government list of prohibited or
restricted parties
2.1
In
consideration of you agreeing to abide by the terms of this EULA, we grant you
a non-transferable, non-exclusive licence to use the App on the Devices, subject
to these terms, the Privacy Policy and the Appstore Rules, incorporated into
this EULA by reference. We reserve all other rights.
2.2
You
may:
(b)
receive
and use free supplementary software code or update of the App incorporating
“patches” and corrections of errors as we may provide to you; and
(c)
use
the Documents for the Purpose only.
Except
as expressly set out in this EULA or as permitted by any local law, you agree:
(a)
not
to copy the App or Documents except where such copying is incidental to normal
use of the App, or where it is necessary for the purpose of back-up or
operational security;
(b)
not
to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the
App or Documents;
(c)
not
to transfer (whether paid or for free) the App or Documents to any other third
party. If you sell or transfer the device on which the App is installed, you
must remove the App from it;
(d)
not
to download or stream the App onto any phone or other device not owned by you
unless you have the owner’s permission to do so;
(e)
not
to translate, merge, adapt, vary, alter or modify, the whole or any part of the
App, Documentation or Services, or permit the App, Documentation or Services or
any part of it to be combined with, or become incorporated in, any other programs;
(f)
not
to disassemble, decompile, reverse-engineer or create derivative works based on
the whole or any part of the App or attempt to do any such thing except to the
extent that (by virtue of section 296A of the Copyright, Designs and Patents
Act 1988) such actions cannot be prohibited because they are essential for the
purpose of achieving inter-operability of the App with another software
program, and provided that the information obtained by you during such
activities:
(i)
is
used only for the purpose of achieving inter-operability of the App with
another software program;
(ii)
is
not unnecessarily disclosed or communicated without our prior written consent
to any third party;
(iii)
is
kept secure; and
(iv)
is
not used to create any software that is substantially similar to the App;
(g)
to
keep all copies of the App secure and to maintain accurate and up-to-date
records of the number and locations of all copies of the App;
(h)
to
include our copyright notice on all entire and partial copies you make of the
App on any medium;
(i)
not
to provide or otherwise make available the App in whole or in part (including
object and source code), in any form to any person without prior written
consent from us;
(j)
not
to access without prior written authority, interfere with, damage or disrupt: i) the App or any part thereof; ii) any equipment, Device
or network on which the App and/or Documents are stored; iii) any software used
in or used in the provision of the App; and/or iv) any equipment, network or
software owned or used by a third party, without obtaining all necessary
consents and authorities in advance; and
(k)
to
comply with all technology control and/or export laws and regulations that
apply to the technology used or supported by the App or any Service (“Technology”),
together
“Licence
Restrictions”.
4.1
As part of the Services we may, from
time to time, provide interactive services via the App, including access to
Twitter, Facebook, bulletin boards, blogs and chat rooms (together, the “Interactive Services”). Where we do provide any
Interactive Service, we will use reasonable endeavours to provide clear
information to you about the type of service being offered, whether it is
moderated by us and if relevant, what form of moderation we apply (including
where appropriate, whether it is human or technical) but you acknowledge and
agree that we are under no obligation to monitor or moderate any Interactive
Service made available through the App and, to the fullest extent permitted by
law. We expressly exclude any liability suffered or incurred arising from use
of an Interactive Service, irrespective of whether it is monitored and/or
moderated by us or not.
4.2
Where applicable, we will use reasonable endeavours to
provide you with details as to how to contact the moderator of an Interactive
Service.
4.3
As part of the Interactive Services
you and other users of the App may be able to create and/or post content to
other users, such as text, photos and other images (“User Generated Content”). You understand and agree that any and all User Generated Content must:
(a) be factually correct
where asserting facts, and genuinely held where stating opinion;
(b) comply with applicable
law in the UK and in any country from which they are posted;
(c) not contain any
material which is defamatory of any person;
(d) not contain any
material which is violent, obscene, offensive, hateful or inflammatory;
(e) not promote or contain
sexually explicit material;
(f) not promote violence;
(g) not promote
discrimination based on race, sex, religion, sexual orientation, nationality,
discrimination, age or any other form of discrimination;
(h) not infringe any third
party’s copyright or any other intellectual property rights;
(i)
not
be likely to deceive any person;
(j)
not
be made in breach of any legal duty owed to a third party, such as a contractual
duty or a duty of confidence;
(k) not promote or endorse
any illegal activity;
(l)
not
be threatening or abusive or cause annoyance, inconvenience or needless anxiety;
(m) not contain any third
party’s personal information, such as phone number, emails address, financial
information etc. and must not in any way be invasive of a third party’s privacy;
(n) not be likely to
harass, upset, embarrass, alarm or annoy any other person;
(o) not be used to
impersonate any person, or to misrepresent your identity or affiliation with
any person;
(p) not give the impression
that the User Generated Content, in whole or in part, originates or emanates
from or is endorsed by us and/or the Client unless you have our or our Client’s (as applicable) prior written consent and approval
to such assertion and material; and
(q) not advocate, promote or assist any unlawful act such as (by way of
example only) copyright infringement or computer misuse.
5.
Acceptable use
restrictions
You
must:
(a)
not
use the App or any Service in any unlawful manner, for any unlawful purpose, or
in any manner inconsistent with this EULA, or act fraudulently or maliciously,
for example, by hacking into or inserting malicious code, including viruses, or
harmful data, into the App, any Service or any operating
system;
(b)
not
infringe our intellectual property rights or those of any third party in
relation to your use of the App or any Service, including the submission of any
material (to the extent that such use is not licensed by this EULA);
(c)
not
transmit any material that is defamatory, offensive or otherwise objectionable
in relation to your use of the App or any Service;
(d)
not
use the App or any Service in a way that could damage, disable, overburden,
impair or compromise our systems or security or interfere with other users;
(e)
not
use the App or any Service for the purpose (whether direct or indirect) of
harming or attempting to harm minors in any way;
(f)
not
transmit (or procure the sending of) any unsolicited or unauthorised
advertising or promotional material or any other form of similar solicitation
(spam);
(g)
not
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; and
(h)
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;
together,
the “Acceptable Use
Restrictions”.
6.
Intellectual property
rights
6.1
You
acknowledge that all intellectual property rights in the App, the Services and the
Documents and the Technology anywhere in the world belong to us or our
licensors (as applicable); that rights in the App and the Documents are
licensed (not sold) to you; and that you have no rights in, or to, the App, the
Documents and/or the Technology other than the right to use each of them in
accordance with the terms of this EULA.
6.2
You
acknowledge that you have no right to have access to the App in source-code
form.
6.3
The
Appstore shall have no responsibility in the event of any third
party claim that the App or your possession and use of the App infringes
a third party’s intellectual property rights. In the event of such a claim, we
shall be solely responsible for any investigation, defence, settlement
and discharge (as we deem necessary or desirable) of such claim and the
Appstore shall play no part in any such claim.
7.1
Nothing
in this condition 7 excludes or limits either party’s liability to the other party
for death or personal injury caused by its negligence, or in respect of any
other liability to the extent that it cannot be excluded or limited as a matter
of law.
7.2
You
understand that the App, Services and Documents are made available to you at
the request of Our Client but you shall have no
automatic right to access or use any of the aforementioned. Further, we make no
warranty to you with regards to the accuracy, availability or functionality of
the App, the Services, the Documents and/or any content or other material
(including User Generated Content) you encounter further to your use of any of
the aforementioned.
7.3
You
acknowledge that the App is provided ‘AS IS’ and has not been developed to meet
your individual requirements. It is therefore your responsibility to ensure
that the facilities and functions of the App and any Services as described in
the Documents meet your requirements.
7.4
We
shall not be liable for any loss, cost, damage or
expense suffered or incurred by you in connection with any Offensive Material
you may encounter in the course of using the App and/or the Services.
7.5
We
shall not be liable for any interruption or cessation of transmission to or
from our servers.
7.6
Except
as expressly set out in this EULA, all warranties, conditions and other terms implied by statute or common law or
otherwise are, to the fullest extent permitted by law, excluded from this EULA.
Nothing in this EULA limits or excludes either party’s liability for death or
personal injury arising from negligence; or for fraud
or fraudulent misrepresentation.
7.7
We
only supply the App and Documents to you for use by you for the Purpose. You
agree not to use the App and Documents for any other purpose and subject to
condition 7.6 above, we have no liability to you for any
loss of profit; loss of business; loss of or damage to goodwill or similar
losses; loss or corruption of data or information; business interruption; or loss of business
opportunity.
7.8
Subject
to condition 7.6 above, Our maximum aggregate liability under or in connection with
this EULA (including your use of any Services) whether in contract, tort
(including negligence) or otherwise, shall in all circumstances be limited to £0.01.
7.9
You
hereby indemnify us in respect of any loss, damage and
cost which we may suffer which arises as a result of you breaching condition
4.3 and/or condition 5.1 of this EULA.
7.10
You warrant that you
shall back up any content and data used in connection with the App, to protect
yourself in case of problems with the App or the Service.
7.11
You
understand and agree that the Appstore shall not be responsible in any way for
addressing any claim you or any third party may have relating to the App or
your possession and/or use of the App.
7.12
You
acknowledge that the content may be updated, altered or removed, from time to
time, at any time, without notice to you
7.13
We are not responsible
for any data usage, roaming or other charges you incur when accessing the
internet through your mobile or other Device, as specified in condition 1.4.
8.1
You
understand and agree that we shall be entitled to take such action as we, in
our sole discretion, deem appropriate in the event we determine that there has
been a breach of this EULA.
8.2
Failure
to comply with the terms of this EULA constitutes a material breach of the
terms upon which you have been permitted to use the App and Services. In the
event we
become aware or suspect that you have or are likely to breach the terms of this
EULA you understand and agree that such breach or suspected breach may result
in us taking all or any of the following actions against you and/or the Client
(please note this is not an exhaustive list):
(a)
Immediate (without notice), temporary or permanent withdrawal of
your right to use and access the App and Services. Where we take such action we may notify Our Client of the action we have taken
and you understand that we may, at our discretion, provide details to Our
Client as to why we have taken such action;
(b)
Immediate, temporary or permanent removal and, at our discretion,
deletion, of any User Generated Content uploaded or otherwise posted by you to
the App;
(c)
Issue you with a warning;
(d)
Instigate legal proceedings against you for reimbursement of all
costs on an indemnity basis (including reasonable administrative and legal
costs) arising from the breach;
(e)
Legal action against you; and
(f)
Disclosure of such information to law enforcement authorities as
we deem, in our reasonable opinion, to be appropriate.
8.3
You
understand that we may at any time, without notice to you and/or Our Client,
remove on a temporary or permanent basis any User Generated Content posted by
you using the App and Services if we deem it to be in breach of the terms of
this EULA. Unless otherwise agreed in writing in advance, we do not keep copies
of any User Generated Content that we have removed from the App
and we shall be entitled to irretrievably delete such material at our
discretion.
8.4
We
may terminate this EULA and your right to use the App and Services, in whole or
in part, immediately without notice to you:
(a)
if
we determine that you have committed a material or persistent breach of this
EULA which you fail to remedy (if remediable) within 14 days after the service
of written notice requiring you to do so;
(b)
if
we determine that you have breached any of the Licence Restrictions or the
Acceptable Use Restrictions;
(c)
if
you cease to be employed or engaged by Our Client; and/or
(d)
at
the request of Our Client.
8.5
On
termination for any reason:
(a)
all
rights granted to you under this EULA shall cease;
(b)
you
must immediately cease all activities authorised by this EULA, including your
use of any Services; and
(c)
you
must immediately delete or remove the App from all Devices, and immediately
destroy all copies of the App and Documents then in your possession, custody or
control and certify to us that you have done so;
9.1
If
you wish to contact us in writing, or if any condition in this EULA requires
you to give us notice in writing, you can send this to us by e-mail or by
prepaid post to us marked for the attention of Client Services Manager at Lymehouse Studios, 3rd Floor Rear, 30-31 Lyme
Street, London NW1 0EE or info@eproductive.com. We will confirm receipt of this
by contacting you in writing, normally by e-mail.
9.2
If
we have to contact you or give you notice in writing,
we will do so by e-mail or by pre-paid post to the address you provide to us in
your request for the App.
10.1
We
will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations under this EULA that is caused by any
act or event beyond our reasonable control, including failure of public or private
telecommunications networks (each, an “Event Outside Our Control”).
10.2
If
an Event Outside Our Control takes place that affects the performance of our
obligations under this EULA:
(a)
our
obligations under this EULA will be suspended and the time for performance of
our obligations will be extended for the duration of the Event Outside Our
Control; and
(b)
we
will use our reasonable endeavours to find a solution by which our obligations
under this EULA may be performed despite the Event Outside Our Control.
10.3
Notwithstanding condition 10,2 above, should an
Event Outside Our Control continue for a period of one (1) month, we may
terminate this EULA on written notice to you. Should this EULA be terminated in
accordance with this condition 10.3, the provisions of condition 8.5 shall
apply.
11.1
We
may transfer our rights and obligations under this EULA to another
organisation, but this will not affect your rights or our obligations under
this EULA.
11.2
The
Appstore and its subsidiaries are third party beneficiaries of this EULA and
will have the right to enforce the terms of this EULA against you as a third party beneficiary. Except as aforementioned in this
condition 11.2, no one other than you and us shall have the right to enforce
any term of this EULA, under the Contracts (Rights of Third Parties) Act 1999
or otherwise.
11.3
You
may only transfer your rights or obligations under this EULA to another person
if we agree in advance and in writing.
11.4
If
we fail to insist that you perform any of your obligations under this EULA, or
if we do not enforce our rights against you, or if we delay in doing so, that
will not mean that we have waived our rights against you and will not mean that
you do not have to comply with those obligations. If we do waive a default by
you, we will only do so in writing, and that will not mean that we will
automatically waive any later default by you.
11.5
In the event that you encounter any
problems with the App or Services, please contact us at the address detailed in
condition 9.1 above or alternatively, please contact the Client. Please be aware that, to the fullest extent
permitted by law, the Appstore shall not be liable for the App in any way and
shall not be responsible for providing any maintenance or support in respect of
it.
11.6
Each
of the conditions of this EULA operates separately. If any court or competent
authority decides that any of them are unlawful or unenforceable, the remaining
conditions will remain in full force and effect.
11.7
Please
note that this EULA, its subject matter and its
formation, are governed by English law. You and we both agree that the courts
of England and Wales will have non-exclusive jurisdiction.
11.8
This
agreement has been entered into on the date of your first download of the
App(s).
11.9
Contains
OS data © Crown copyright and database right 2021
11.10
"Contains
Royal Mail data © Royal Mail copyright and Database right 2021
11.11
Contains
National Statistics data © Crown copyright and database right 2021"