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PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”) OF THE “My Brompton” SOFTWARE APP [VERSION 1] (“APP”)

BY CLICKING ON THE "ACCEPT" BUTTON YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

  1. WHO WE ARE AND WHAT THIS AGREEMENT DOES

    We are Brompton Bicycle Limited registered in England and Wales under company number 1261512, with our registered office and trading address at Unit 1, Ockham Drive, Greenford, London, UB6 0FD.

     

    The App is only intended for users who reside in the United Kingdom.

     

    We grant you a royalty-free, non-exclusive, non-transferable and non-assignable licence (with no right to sub-licence) to use within the EU only:

    • The App and any updates or supplements to it.
    • The related online or electronic documentation we may make available to our customers (“Documentation”).
    • Our service you connect to via the App and the content we provide to you through it (“Service”).


    as permitted in these Terms.

  2. YOUR USE OF THE APP AND SERVICE
    • Safety Information: You must follow all safety instructions provided to you and comply with all applicable laws (including the High Way Code) when using the App and the Services. By accepting these Terms, you declare and confirm that you have read the safety information and will heed the instructions therein when using the App.

       

    • Additional Terms: Your use of the App and the Services are subject to additional terms and conditions, which are incorporated into these terms:

    • Brompton website Terms of Use: https://www.brompton.com/Legal/Terms-of-use
    • Privacy Policy: https://www.brompton.com/Legal/Privacy-policy.
    •  

       

    • “As Is” and “As Available”: While we aim to operate the App and the Services smoothly, you agree that the App and the Services are available to you on an "as is" and "as available" basis and your use of them is at your sole risk. We do not guarantee continuous uninterrupted or secure access to our App or Services and operation of the App may be interfered with by factors outside of our control. On that basis, except as expressly set out in these Terms, we exclude all other conditions, guarantees, warranties or terms in relation to the App and the Service to the full extent permissible by law.

       

    • Mobile Data Connection
    1. You acknowledge that the use of the App and the Services requires a fully functional and sufficiently charged device which satisfies the relevant operating requirements referred to in clause 5 below.
    2. We are not responsible for the mobile data connection between the App, the Internet and your device. It is your responsibility to make the relevant arrangements with your phone or device provider and mobile network companies. 
    3. You are solely responsible for all charges between your device, the App and the internet, including without limitation connection charges, call charges and roaming fees. 
    4. We are not responsible for the mobile data connection and its performance (speed) including without limitation:
    • sufficient mobile phone signal at your location;
    • the occurrence of disruptions, interferences or interruptions of the mobile phone connection by tunnels, garages or underpasses or other interrupting factors (weather influences like storms, radio-controlled electronic devices, buildings, bridges or mountains, intense mobile phone communication in the concerned radio cell etc.).

  3. YOUR PRIVACY

    We only use any personal data we collect through your use of the App and the Services in the ways set out in our Privacy Policy. You grant us a non-exclusive, perpetual, irrevocable, transferrable, assignable and sub-licensable right to use and/or supply all other data, including without limitation, technical data, which either is not personal data or from which personal reference has been removed (i.e. anonymised data).

    Please be aware that Bluetooth and 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.

  4. APP PROVIDER TERMS ALSO APPLY

    The ways in which you can use the App and Documentation may also be controlled by the rules and policies of the online store from which the App is available, such as App Store or Google Play (“App Provider”).

  5. OPERATING SYSTEM REQUIREMENTS

    This App requires a smart phone or device operating on an App Provider platform together with other systems and other requirements as we may specify from time to time.

  6. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
    • Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at https://brompton.zendesk.com/hc/en-us
    • Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@brompton.com or use live chat which can be found on our website.

      How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

  7. 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 your device and view, use and display the App and the Service on it for your personal purposes only and not for commercial purposes.
    • You may use any Documentation to support your permitted use of the App and the Service.
    • You must comply with all relevant laws and regulations when using the App and the Services, including that if you choose to operate the App while riding, you must ensure it is safe to do so and comply with all applicable laws including the High Way Code.
  8. YOU MUST BE AT LEAST 14 TO ACCEPT THESE TERMS AND USE THE APP

    You must be 14 years old to accept these Terms and use the App. 

  9. YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

    We are giving you personally the right to use the App and the Service as set out in clause 7 above. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. If you sell any device on which the App is installed, we strongly recommend you remove the App from it.

  10. 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 or for other legitimate reasons.

    We will give you 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 and the Service.

  11. UPDATE 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 do not accept automatic updates you may not be able to continue using the App and the Services. As this App is available to you free of charge, you accept that this clause 11 is reasonable.

  12. 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.

  13. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

    By using the App or any of the Services, you agree to us 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.

  14. 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 and road traffic-based products and services.

    You may stop us collecting such data at any time by turning off the location services settings but certain Services will not able available if we are unable to use your location data.

  15. LICENCE RESTRICTIONS

    You agree that you will:

    • ·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, 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, 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 or applications, except as necessary to use the App 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 or the Services nor attempt to do any such things, except to the extent that such actions cannot be prohibited by law; and
    • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.


  16. ACCEPTABLE USE RESTRICTIONS

    You must:

    • ·not use the App 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, or harmful data, into the App, any 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 any Service;
    • ·not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
    • ·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; 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.
  17. THIRD PARTY FUNCTIONALITIES

    The App offers functionalities from third parties which are subject to additional terms of use of these third parties, which can be found on the website of the relevant third parties, to which you must comply when accessing the relevant functions.

     

    The App may also contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. Your use of a third party site may be governed by the terms of that third party site.

    We do not endorse or approve any content made available by third party providers and, consequently, are not responsible for these contents. Accessing such content from these third party services and content is undertaken solely at your own risk.

    We make no representation or commitment as to the reliability or accuracy of the content from third party providers and will have no liability or obligation whatsoever in relation to the same. 

  18. INTELLECTUAL PROPERTY RIGHTS
  19. 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 and the Services are licensed (not sold) to you. 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.

    We and our licensors fully reserve all rights in our name, trade marks, trade names, brands, rights of authors, image rights, personality rights and all intellectual property rights. 

     

    If you become aware that use of the App or Services has or is likely to have infringed third party rights, breach these Terms or contravene any applicable law,  please report this to us immediately by emailing support@brompton.com with the following information:

    • details of the person suspected of misusing the App;
    • a description/listing of the content as well as its location.

     

    If you become aware of or suspect that our rights in the fields of copyright, personality right or trademark law, are being infringed by the contents of a user’s post, you will provide the following information, as far as possible:

    • description of the alleged infringement;
    • indication of the location of the allegedly infringing contents of the App;
    • description and, as the case may be, evidence of the ownership of rights;
    • your complete and correct name and address and contact details.

     

    We reserve the right to block the post and/or to exclude a user from further use of the App where we reasonably believe that the post may infringe any third party rights and/or the user has not complied with these Terms or the law. This will in no way prejudice our other rights, including without limitation to issue civil or criminal proceedings against the relevant persons.


  20. 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.  If defective digital content that we have supplied damages a device or digital content belonging to you, we will either, at our discretion, repair the damage or pay you compensation to the extent required by applicable law.  

    In any event, we will not be liable for any loss of data, loss of profit, loss of business, business interruption, or loss of business opportunity. We will also not be liable for damage that you could have avoided by taking reasonable steps to avoid it or 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 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 is for personal and private use only. 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 and the Services are provided for general information purposes only. They do not offer advice on which you should rely. Use of the App should not replace your good judgment and common sense, and if you reply on the App or the Service, you do so solely at your own risk. 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, reliable, available, complete or up to date. Access to the App and the Service may change from time to time or vary by geographic locations. Maps, directions and other GPS or navigational data, including data relating to your current location, may be unavailable, inaccurate or incomplete.

    Please back-up content and data used with the App. We do not guarantee that historical data will be available or backed up. We recommend that you make your own arrangements to save any data that you wish to keep by other means.

    Check that the App and the Services are suitable for you. The App 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 Provider site and in the Documentation) meet your requirements.

    We are not responsible for damages caused by or resulting from:

    • Improper use of the App or the Services, this includes where an accident occurs due to the rider being distracted by using the App and Services;
    • Your failure to comply with any of these Terms;
    • Breach of any applicable law by you or any third parties, including any breach of data protection laws by a person who was given access to the App by you.
  21. WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES

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

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

    • You must stop all activities authorised by these Terms, including your use of the App and any Services.
    • We may prevent you from logging in to the app.
  22. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

    We may transfer our rights and obligations under these Terms to another organisation. We will inform you if this happens.

  23. 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.

  24. 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.

  25. 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.

  26. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

    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.

  27. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These Terms are governed by English law and both parties can bring legal proceedings in respect of the products in the English courts.