BROMPTON ELECTRIC APP TERMS AND CONDITIONS
These Terms were last updated on 19 August 2020.
These terms and conditions (‘Terms’) set out the terms and conditions on which you may access and use this Brompton app (the ‘App’).
Please read these Terms carefully before using any aspect of the App. By ticking the "[I Accept]" box when you first access the App, you indicate that you accept these Terms and agree to abide by them. If you do not agree to these Terms, you must not use or access the App.
The App is owned and operated by Brompton Bicycle Limited, a company registered in England and Wales under company number 1261512 with registered address at Unit 1, Ockham Drive, Greenford, London, UB6 0FD. In these Terms we use ‘Brompton’, ‘we’, ‘our’ and ‘us’ to refer to Brompton Bicycle Limited.
Use of the App
The App (including any documentation/material accessible via the App) is made available for you to use through a licence. We grant you a non-exclusive, non-transferable, revocable licence to download a copy of the App on to your device and view, use and display the App, as well as any upgrades or supplements to it, for your own personal, non-commercial use. In addition to the prohibited uses, set out below, you may not transfer, redistribute or sub-licence the App and you may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the App, any updates, or any part thereof.
To use the App you will be required to create a personal account. 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 whether as a result of your failing to keep this information secure and confidential, or otherwise.
You must comply with all relevant laws and regulations when using the App, including, if you choose to operate the App while riding, in the UK the Highway Code. HOWEVER, WE STRONGLY RECOMMEND THAT YOU DO NOT USE THE APP WHILST RIDING, THIS IS TO ENSURE YOUR OWN SAFETY AND THE SAFETY OF OTHERS AROUND YOU.
You acknowledge that your agreement with your mobile network provider (‘Mobile Provider’) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third-party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the device being used to access the App, or do not have permission from the bill payer for using the App, you must not use the App.
Prohibited uses of the App
In using the App, you are prohibited from:
• any unlawful use or any use inconsistent with these Terms including acting fraudulently or maliciously – for example, any hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any service or operating system;
• infringing our intellectual property rights or those of any third party in relation to your use of the App;
• transmitting any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
• using the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• collecting or harvesting any information or data from any App or our systems or attempting to decipher any transmissions to or from the servers running any App.
Intellectual Property Rights
All intellectual property rights in the App and any and all material published on or available via the App (including but not limited to text, graphics, photos, logos, button icons, images, trade marks, audio and audio visual clips, databases, data compilations, documents, data and software) throughout the world belong to us (or our licensors) and the rights in the App and any such material are licensed (not sold) to you subject to these Terms. You have no rights in, or to, the App or the material published on or available via the App other than the limited right of use in accordance with these Terms. For the avoidance of doubt you may not, without our prior written consent:
• copy, reproduce, use or otherwise deal with any content on the App;
• modify, distribute or re-post any content on the App for any purpose; or
• commercially exploit the content of the App.
Third Party Terms
Your use of the App will also be subject to the terms and conditions of the third-party app store via which you downloaded the App. You should ensure that you have read such terms and abide by them as they will be binding on you in addition to these Terms.
We will use reasonable endeavours to ensure that no part of the App will contain or spread any viruses or other malicious code. However, we recommend that you ensure that computers/devices used to access the App run up-to-date anti-virus software as a precaution.
Our Liability to You
These Terms are not intended to, and shall not , limit or exclude any liability that we are not permitted to limit or exclude under applicable law , including our liability for personal injury or death caused by our negligence, for fraud or fraudulent misrepresentation, or for our breach of applicable consumer laws or your statutory rights as a consumer.
We are only responsible for losses that are a foreseeable consequent of our breach of these Terms. We will not be liable to you to the extent we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) do or fail to do or due to evens which are beyond our reasonable control.
We only supply the App for domestic and private use. We will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.
Law and Jurisdiction
These Terms, and any dispute or claim arising out of or in connection with these terms and conditions of Terms and/or your use of the App, shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.
Third Party Rights
Only you and Brompton shall be entitled to enforce these Terms. No other person shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, we may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and will ensure that the transfer does not negatively affect your rights under these Terms.
Ending your rights under these Terms
We may end your right to use the App if you break these Terms in a serious way. If you can put what you have done right, we may 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, and delete or remove the App from any devices in your possession.
Online Dispute Resolution
Brompton currently does not participate in the alternative dispute resolution procedure accessible through the EU Online Dispute Resolution App.
Changes to these Terms
We reserve the right to change and update these Terms from time to time, in order to reflect changes in law or best practice, changes in our business practices, or to deal with additional features of functionalities which we may introduce to the App.
We will notify you in advance of any material changes to these Terms via messaging on the App. By continuing to use the App after changes are notified and have come into effect, you are accepting those changes and will be bound by them. If you do not agree to any changes, you should immediately cease using the App.