Work Friends App Terms of Use

1. The Work Friends mobile application (App) is licensed to you by Care Friends Ltd, T/A Work Friends, a company registered in England and Wales under company number 11548822 and with registered office 11 Village Street, Petersfield, United Kingdom, GU32 2AH (we, us or our).
2. Please read these licence terms (App Terms) before you start to use the App as they will apply to your use of the App, including any updates or supplements to the App, and the service you connect to via the App and the content we provide to you through it (Service).
3. By using the App, you confirm that you agree to the App Terms and you agree to comply with them. If you do not agree to these App Terms you must immediately uninstall the App and discontinue its use.

1. The following terms are incorporated into these App Terms by reference and apply to your use of the App and the Services:
2. • Privacy Policy. Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy, which you can view at https://workfriendsapp.com/appprivacy/. 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. We will also share the personal data that you provide to us when you use the Service with your Employer. Please check your Employer’s privacy policy to ensure that you understand how they will use your personal data.
   • Employee Referral Scheme. You have been granted access to the App by your employer (Employer) as part of their employee referral scheme (Referral Scheme). Use of the App and the Service, including any referrals made by you using the App will be subject to your Employer’s Employee Referral Scheme Policy.
3. In addition the ways in which you can use the App may also be controlled by the rules and policies of Apple Inc. [view here] or Google Play [view here] (Appstore Provider) depending on which Appstore Provider you used. The Appstore Provider rules and policies will apply instead of these App Terms where there are differences between the two.
4. By using the App you acknowledge 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.

1. We grant you a non-exclusive, non-transferable licence to use the App subject to these App Terms.
2. There is no charge to you to either download or use the App, however 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 the App and you accept responsibility for such charges. If you are not the bill payer of the device being used to access the App you will be assumed to have received permission from the bill payer to use the App.
3. You may download a copy of the App onto any number of mobile or handheld devices and view, use and display the App on such devices for personal, non-commercial use only.
4. We are giving you personally the right to use the App and the Service. You may not otherwise transfer the App or the Service 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.
5. 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 the App Terms, whether or not you own the phone or other device.

1. We may change these App Terms at any time to reflect changes in law or best practice or to deal with additional features which we introduce. We will notify you of any change to the App Terms when you next start the App.
2. 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 Services.
3. You are responsible for making all arrangements necessary for you to have access to the App. We may change the minimum specification required to access the App at any time. We give no guarantee that you will have access the App on your mobile device (or continue to have access to the App). We shall not be liable to you if any such change in specification results in your mobile device becoming incompatible with the App.

1. You may only use the App if you have been provided with a company registration code by your Employer as part of their Referral Scheme. Eligibility to participate in the Referral Scheme is determined solely by your Employer.
2. You will need to register to use the App. You are responsible for safeguarding the password that you use to access the App and the Service and are responsible for any activity using your account, whether or not you authorised that activity.
3. We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these App Terms or any other policies and/or guidelines created for the App.
4. If you know or suspect that anyone other than you knows your password, you must promptly notify us at [email protected].

1. The points that you collect by using the App and the Service are redeemable in accordance with your Employer’s Referral Scheme.
2. You acknowledge and accept that your Employer, not us, is solely responsible for providing any payments to you in respect of the points you have collected and we shall have no liability to you in respect of such payments.

1. 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 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 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, except as necessary to use the App and the Services on devices as permitted in these App 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 (by virtue of sections 50B and 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:
  • is used only for the purpose of achieving inter-operability of the App with another software program;
  • is not disclosed or communicated without our prior written consent to any third party; and
  • is not used to create any software that is substantially similar in its expression to the App;

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2. 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.

You must:

• 1. 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;
  2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);
  3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  4. not use the App or any Service in a way that is likely to harass, upset, embarrass, alarm or annoy any other person;
  5. 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
  6. 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.

1. All intellectual property rights in the App 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 or the Services other than the right to use them in accordance with these App Terms.
2. The source code and content of the App must not be copied, reproduced, used or otherwise dealt with for any other reason.
3. Trademarks, logos and brand names shown on our website are owned by us and our licensors and no rights are granted to use any of them without the prior permission of us and/or our licensors (as applicable).

The App or any Service 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.

1. The App is provided to you in good faith and you accept that the functionality provided and information shown is provided “as is” without guarantees, conditions or warranties as to its operation or accuracy. We’ve taken all reasonable steps to ensure that the App and the Services function as intended and the information displayed is correct at the time of inclusion, but there may be inadvertent or occasional errors for which we apologise. Where errors come to our attention, we’ll try to correct them as soon as reasonably possible however we accept no liability for any errors, omissions or inaccuracies contained in the App or its content. We make no representation or warranty that your use of the App, or the operation of it, will be uninterrupted, error, bug, or virus free and we accept no liability for effects of the same.
2. Use of the App is at your own risk and you’re wholly responsible for downloading and installing it and for decisions that you make as a result of information you read.

1. You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
2. To the extent permitted by the laws of England we expressly exclude any liability:
   • for direct, indirect and consequential loss or damage (including, loss of income, use, revenue, business, profits, contracts, anticipated savings, goodwill, wasted management or office time, data or corruption of data) how ever such loss or damage arises and whether incurred by you in connection with the App; the use, inability to use, failure to access, or results of the use of the App; your use of any sites linked to the App; and/or any materials or content contained in the App or a third-party site.
   • for any loss or damage which was not reasonably foreseeable by you or us.
   • for the accuracy, suitability, quality or completeness of any information and the value and integrity of Services offered through the App.
   • for any loss or damage caused by viruses, malicious or other technologically harmful material that may infect your device, equipment, programs, data or other proprietary material as a result of your use of the App or any site linked to or from it.
   • arising from any reliance placed on content accessible on or via the App. Information provided by us does not constitute legal or professional advice (financial or otherwise) and shouldn’t be relied upon without taking independent advice. You’re wholly responsible for any decisions that you make as a result of information you read.
3. The App is 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.
4. 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 and for fraud or fraudulent misrepresentation.

If our provision of the Services or support for the App or the Services 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.

1. We may end your rights to use the App and Services at any time by contacting you if you have broken these App Terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
2. If we end your rights to use the App and Services:
   • You must stop all activities authorised by these App Terms, including your use of the App and any Services.
   • 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.
   • We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
   • Any payments due to you on termination will be entirely at the discretion of your Employer in accordance with their Referral Scheme.

1. We may transfer our rights and obligations under these App 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.
2. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
3. 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.
4. 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.
5. 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.
6. 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.