Terms and Conditions for Users

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE DOWNLOADING, BROWSING OR USING NOW-U

1. Introduction

1.1 These terms and conditions govern your use of now-u, including the now-u app and website (as applicable).

1.2 By using now-u, you accept these terms and conditions in full; if you do not agree with any part of these terms and conditions, you must not use or browse now-u, or cease using or browsing now-u immediately.

1.3 Upon registration with now-u as a User, you will be asked specifically to agree with these terms and conditions. A record of this acceptance will be made and retained by now-u. Alternatively, your use of the now-u website constitutes your agreement to follow and be bound by these terms and conditions in relation to the website.

2. Terms

The following terms are used throughout this document:

2.1 “now-u” refers to, as applicable, the now-u application (“App”), the now-u website and all associated materials, documentation and code;

2.2 “Privacy Notice” means the latest privacy notice adopted by us from time to time;

2.3 “Users” refers to, as applicable, people’s accounts who sign into the app and use the app features, as individuals, or those who browse the now-u website.

3. Licence to use now-u

3.1 As a User of the App, you may:

a) Create your User account in now-u;

b) Manage your User account using the tools provided; and

c) Participate in campaigns, actions, or any other feature provided by the software,

subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not use now-u in any other way.

3.3 As a User, you may only use now-u for the purposes of browsing our content or participating in campaigns, and you must not use now-u for any other purpose.

3.4 now-u CIC reserves the right to restrict access to parts or all of now-u, at our discretion, without warning, and you must not at any time circumvent, or attempt to circumvent, any access controls or restrictions on now-u.

3.5 As a User, you may NOT:

a) Modify, alter, change, or otherwise make any modification to now-u or create derivative works based upon now-u;

b) You shall not rent, lease, resell, sublicense, assign, redistribute, export, or otherwise transfer now-u;

c) Copy, decompile, reverse engineer, disassemble, include in other software, or translate now-u, or use now-u in any manner not authorised by these terms and conditions;

d) Republish or redistribute material from now-u, in any public or private domain unless expressly permitted under clause 11; and

e) Exploit material from now-u for commercial purposes.

4. Acceptable Use

4.1 As a User, you may NOT:

a) Use now-u in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website and/ or the App;

b) Use now-u in any way that is unlawful, illegal, fraudulent, misleading or harmful, or in connection with any unlawful, illegal, fraudulent, misleading or harmful purpose or activity;

c) Use now-u to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

d) Conduct any systematic or automated data collection activities (including without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to now-u without the express written consent of the now-u team;

e) Access or otherwise interact with now-u using any robot, spider or other automated means, except for the purpose of search engine indexing;

f) Perform any penetration testing or other security-based testing without the express written consent of the now-u team;

g) Violate our policies, including these terms and conditions or our Privacy Policy; and/or

h) Attack our website or our App via a denial-of-service attack or a distributed denial-of service attack.

4.2 You must ensure that all the information you supply to now-u, or in relation to now-u, is to the best of your knowledge true, accurate, current, complete and non-misleading.

4.3 Breach of this clause might constitute a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website and our App will cease immediately.

5. Registration

5.1 You should register for a User account using the app.

5.2 Your User account should only be used by yourself. You must protect the details of your User account and not allow other unauthorised persons to use your account. We recommend that you refrain from disclosing your details to anyone.

5.3 You must contact the now-u team immediately if your account becomes compromised or you become aware of any unauthorised use or activity on your account.

5.4 You must not use any other User’s or account details at any time.

6. User Account Suspension or Cancellation

6.1 At any time, at the sole discretion of the now-u team, and without notice or explanation, the now-u team may:

a) Suspend your account;

b) Cancel your account; and

c) Delete your account & all associated data permanently.

7. Limited Warranties

7.1.To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to now-u. In particular, we do not represent that the website or the App will be error-free, free of viruses or other harmful components, or that defects will be corrected.

7.2 now-u does not warrant to provide additional services, support, upgrades, additional functionality, bug fixes or changes at any time.

7.3 We reserve the right to discontinue or alter any or all of now-u’s services or products, and to stop publishing now-u, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any now-u service or product, or if we stop providing any now-u service or product.

8. Limitations and exclusions of liability

8.1 Nothing in these terms and conditions will:

a) limit or exclude any liability for death or personal injury resulting from negligence;

b) limit or exclude any liability for fraud or fraudulent misrepresentation;

c) limit any liabilities in any way that is not permitted under applicable law; or

d) exclude any liabilities that may not be excluded under applicable law.

8.2 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

8.3 We will not be liable to you in respect of any losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, data, commercial opportunities or goodwill.

8.4 We will not be liable to you in respect of any loss or corruption of any data, database or software.

8.5 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

8.6 We will not be liable for any content, services, features or resources from any of our partners or any other third party company, or any use of personal data by such a partner or third party, even if you have accessed such content, service, feature or resource through now-u. The inclusion of any link or resource in our website or App does not imply endorsement by us of the linked site or resource.

8.7 You accept that we have an interest in limiting the personal liability of our team and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our team in respect of any losses you suffer in connection with now-u or these terms and conditions.

9. Breaches of these terms and conditions

9.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

a) send you one or more formal warnings;

b) temporarily suspend your access to now-u;

c) permanently prohibit you from accessing now-u;

d) suspend, cancel or delete your account on now-u;

e) commence legal action against you, whether for breach of contract or otherwise.

9.2 Where now-u suspends or prohibits or blocks your access to now-u or a part of now-u, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation, creating and/or using a different account).

10. Intellectual Property

10.1 All intellectual property rights subsisting in respect of now-u belong to us or have been licensed to us for use on the website and/or the App. Our website and App and all content within is protected by copyright and other intellectual property rights under applicable copyright laws, international conventions, and other intellectual property laws.

10.2 You undertake that: (a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of our website and/or the App in whole or in part; (b) you shall only download or copy the any material within our website or App for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such material; and (c) you shall not store any significant portion of any material in any form. Copying or storing any material other than personal and non-commercial use is expressly prohibited without prior written permission from now-u or from the copyright holder identified in such material’s copyright notice.

11. Linking to our website or App

11.1 You may link our website or App for non-commercial purposes provided that you do so in a way that is fair and legal and which does not damage our reputation or take unfair advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.

11.2 You must not link to our website or App in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

11.3 If you would like to link to our Website for commercial purposes or any purpose not included above, please contact us.

11.4 We reserve the right to withdraw linking permission at any time and without notice.

12. Privacy Notice

For our policy relating to its use of your personal data, please review our current Privacy Notice, which is hereby incorporated by reference to these terms and conditions. Your acceptance of these terms and conditions constitutes your acceptance and agreement to be bound by our Privacy Notice.

13. Variation

13.1 We may revise these terms and conditions from time to time, in which case an up to date version will be available via the website and our App. You should check this regularly to ensure that you are happy with any changes.

13.2 The revised terms and conditions shall apply to the use of now-u from the date of publication of the revised terms and conditions on the website and the App, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. You will be deemed to have accepted any changes to these terms and conditions if you continue to access or use the website or the App, therefore if you do not agree to the revised terms and conditions you must stop using now-u immediately.

14. Assignment

14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

15. Severability

15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provisions will continue in effect.

16. Third party rights

16.1 A contract under these terms and conditions is for now-u CIC’s benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

16.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

17. Law and jurisdiction

17.1 These terms and conditions shall be governed by and construed in accordance with English law.

17.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

18. Entire agreement

Subject to Section 8.1, these terms and conditions, together with our Privacy Policy, shall constitute the entire agreement between you and now-u CIC in relation to your use of now-u and shall supersede all previous agreements between you and now-u CIC in relation to your use of now-u.

19. Statutory and regulatory details

19.1 now-u a registered community interest company in England and Wales with the Company Registration Number: 12709184

19.2 now-u’s registered office is at: 2 Granville Road, Sevenoaks, Kent, TN13 1ER.

19.3 “now-u” is a trading name of now-u CIC.

19.4 now-u can be contacted by email at [email protected].

Date of Publication: December 2022