ALPHA NOW APP TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING THIS APP.
BY DOWNLOADING OR USING THIS APP YOU AGREE TO THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT USE THIS APP. PLEASE SIGNIFY THAT YOU ACCEPT THESE TERMS AND CONDITIONS BY CLICKING [Install]. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, WE WILL NOT LICENCE THE APP TO YOU AND YOU MUST STOP THE DOWNLOADING PROCESS NOW BY CLICKING ON THE [Cancel] BUTTON BELOW.
1 WHO WE ARE AND WHAT THIS AGREEMENT DOES
1.1 The App is operated by Alpha International (“we”, “us”, “our”). We are a charity registered in England and Wales under charity number 1086179 and have our registered office at HTB Brompton Road, London SW7 1JA. To contact us, please email email@example.com
1.2 We have developed a number of online courses that we make available to churches which are run and overseen by each church and its authorities (each an “Alpha Course”). Each church will appoint a course administrator to deliver an Alpha Course (the “Course Administrator”). Whilst we have developed the Alpha Course materials, the individual church and its authorities are responsible for the delivery of each Alpha Course to its guests.
1.3 The App will enable a Course Administrator to invite guests to a mobile, video-conferencing experience that will allow for small group conversation and to stream the Alpha Film Series via Vimeo, third party, which is the agreed means of streaming the content.
1.4 We grant you a non-transferable, non-exclusive licence you to use:
1.4.1 Alpha Now mobile application software, the content and data supplied with the software, (App) and any updates or supplements to it.
1.4.2 The related online documentation located [here] (Documentation).
1.4.3 The service you connect to via the App and the content we make available to the Course Administrator to stream through it (Service).
as permitted in these terms.
2 BY USING OUR APP YOU ACCEPT THESE TERMS
2.1 These terms apply to all users of the App – including if you have been granted access to the App and to participate in the Alpha courses by your church, and if you are a Course Administrator managing the App accounts on behalf of your church. By accessing and using the App you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not access or use our App.
2.2 Please note, if you are an Alpha course administrator it is your responsibility to ensure that all of your participants have read and agreed to these terms prior to access, and that they comply with them throughout their use of the App.
3 OTHER TERMS THAT MAY APPLY TO YOU
3.1 These terms only apply to your access to and use of the App. All other services we provide to you, including your registration for and participation in each Alpha Course (whether accessed through the App or otherwise) are governed separately from these terms of service. You may complete your course registration using MyAlpha or the relevant Church Administrator may complete the registration on your behalf where you have provided permission for them to do so.
3.2 The relevant church authority and/or Course Administrator may also have separate terms of service in place which you would be required to sign up to prior to completing your registration for the relevant Alpha Course.
3.3 The Alpha Course will be streamed within the App using our third party supplier, Vimeo. As a result the Vimeo terms of service, located [here], will apply to your use of the App.
4 YOUR PRIVACY
4.2 Please be aware 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. 5 GOOGLE PLAY STORE’S TERMS ALSO APPLY TO USE OF THIS APP
5.1 The ways in which you can use the App and Documentation may also be controlled by the Google Play Store’s rules and policies Google Play Terms of Service and Google Play Stores rules and policies will apply instead of these terms where there are differences between the two.
6 OPERATING SYSTEM REQUIREMENTS
6.1 The App requires an Android device and the Android operating system 11. Additionally, within the browser, the app requires the latest version of Chrome.
7 SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
7.1 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 www.alpha.org/alpha-now-support.
7.2 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 firstname.lastname@example.org.
7.3 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.
8 HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
8.1 In return for your agreeing to comply with these terms you may:
8.1.1 download or stream a copy of the App onto your device and view, use and display the App and the Service on such devices for your personal purposes only;
8.1.2 use any Documentation to support your permitted use of the App and the Service; and
8.1.3 receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
9 YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE THE APP
9.1 You must be 18 or over to accept these terms and use the App.
10 YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
10.1 We are giving you personally the right to use the App and the Service as set out above in Section 8. 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.
11 CHANGES TO THESE TERMS
11.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
11.2 We will give you at least 30 days’ notice of any change by notifying you of a change when you next start the App.
11.3 If you do not accept the notified changes you may, except where the notified changes constitute a critical change, continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you. If the notified changes constitute a critical change you will not be permitted to continue to use the App and the Service.
12 UPDATE TO THE APP AND CHANGES TO THE SERVICE
12.1 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.
12.2 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.
12.3 The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you first downloaded it.
13 IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
13.1 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 these terms, whether or not you own the phone or other device.
14 WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
14.1 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.
15 WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
15.1 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 and cookie policies (if any).
15.2 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.
16 WE ARE NOT RESPONSIBLE FOR DATA CHARGES
16.1 We are not responsible for any charges or fees you may incur in connecting to the App or the Service. It is your responsibility to check the terms of your mobile data provider.
17 LICENCE RESTRICTIONS
17.1 You agree that you will:
17.1.1 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;
17.1.2 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;
17.1.3 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, except as necessary to use the App and the Services on devices as permitted in these terms;
17.1.4 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 necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
(a) is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
(b) is not used to create any software that is substantially similar in its expression to the App;
(c) is kept secure; and
(d) is used only for the Permitted Objective;
17.1.5 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.
18 ACCEPTABLE USE RESTRICTIONS
18.1 You must:
18.1.1 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;
18.1.2 not use the App or any Service in any manner which may cause harm to you or any other individual, for example, whilst driving or whilst operating heavy machinery. This is a non-exhaustive list of prohibited uses;
18.1.3 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
18.1.4 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
18.1.5 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
18.1.6 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.
19 INTERACTIVE SERVICES
Uploading content through our App
19.1 Whenever you make use of a feature that allows you to upload content to our App, or to make contact with other users of our App whether by video link or test, you must comply with the content standards set out in these terms.
19.2 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our App constitutes a violation of their intellectual property rights, or of their right to privacy.
19.3 We have the right to remove any content you share on our App if, in our reasonable opinion, your content does not comply with the standards set out in these terms.
19.4 These content standards apply to any and all material which you contribute to our App and to any interactive services associated with it, including the use of video links.
19.5 Each contribution must be accurate (where it states facts), be genuinely held (where it states opinions) and comply with the applicable law. Contributions must not:
19.5.1 contain any material which is defamatory of any person;
19.5.2 contain any material which is obscene, offensive, hateful or inflammatory;
19.5.3 promote sexually explicit material;
19.5.4 promote violence;
19.5.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
19.5.6 infringe any copyright, database right or trade mark of any other person;
19.5.7 be likely to deceive any person;
19.5.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
19.5.9 promote any illegal activity;
19.5.10 be threatening, abusive or an invasion of another’s privacy, or cause annoyance, inconvenience or needless anxiety;
19.5.11 be likely to harass, upset, embarrass, alarm or annoy any other person;
19.5.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
19.5.13 give the impression that they emanate from us, if this is not the case;
19.5.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
19.5.15 contain any advertising or promote any services or web links to other sites unless authorised by us.
19.6 You must at all times be respectful of other users of the App.
User Generated Content
19.7 The App may include information and materials uploaded by other users of the App, through the App’s chat functions, notice boards and/or any other features developed by us to encourage collaboration and sharing on our App. This information and these materials have not been verified or approved by us. The views expressed by other users on our App do not necessarily represent our views or values.
19.8 If you wish to complain about content uploaded by other users, please email us at email@example.com
20 INTELLECTUAL PROPERTY RIGHTS
20.1 All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us 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.
21.1 As set out in paragraph 1.2 of these Terms, responsibility for delivery of an Alpha Course sits with the relevant church and its authorities running that Alpha Course. Each church has its own safeguarding statement and is responsible for the safeguarding of its members and guests. If there is a safeguarding concern relating to any element of your Alpha Course please contact the church authority running or overseeing your Alpha Course as soon as possible. If the issue is not dealt with or resolved satisfactorily, please direct your safeguarding concern as soon as possible to the appropriate local authorities and/or, if appropriate, the emergency services, such as the local police.
22 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
22.1 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. 22.2 Different limitations and exclusions of liability will apply. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, including the provision of the Alpha courses which will be governed by our relevant terms of service.
22.3 We are not responsible for events outside our control. 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 by email as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
22.4 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. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. 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, complete or up to date.
22.5 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 appstore site and in the Documentation) meet your requirements.
22.6 If you are an organisation user the following limitations on liability will apply:
22.6.1 We exclude all implied conditions, warranties, representations or other terms that may apply to the App or any content on it.
22.6.2 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, the App; or
(b) use of or reliance on any content displayed on or accessed within the App.22.6.0
22.6.1 In particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation
(e) loss of use or corruption of software or personal data; or
(f) any indirect or consequential loss or damage.
22.7 If you are an individual user the following limitations on liability will apply:
22.7.1 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. 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.
22.7.2 If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided 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 operating system requirements advised by us.
22.7.3 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 use or corruption of software or personal data, loss of business, business interruption, or loss of business opportunity.
23 WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
23.1 We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
23.2 If we end your rights to use the App and Services:
23.2.1 You must stop all activities authorised by these terms, including your use of the App and any Services.
23.2.2 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.
23.2.3 We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
24 WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
24.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not adversely affect your rights under the contract.
25 YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
25.1 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
26 GEOGRAPHIC ACCESS RESTRICTIONS
26.1 In order to comply with all applicable UK and US sanction and export control laws, we limit access to our App based on geographic location. If you are located in a country or region which is subject to applicable sanction or export controls, you may not be able to access our App, which as at the date of these terms includes Cuba, Iran, North Korea, Syria and the Crimea region of Ukraine/Russia (and may be amended from time to time by the applicable governmental authorities). In addition, you may not access our App if you are an individual subject to applicable UK or US sanctions and by accessing our App you certify that you are not subject to such UK or US sanctions and that you are not located or ordinarily resident in a country or region which is subject to applicable sanction or export controls including any of those listed above.
27 NO RIGHTS FOR THIRD PARTIES
27.1 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.
28 IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
28.1 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.
29 EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
29.1 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.
30 WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
30.1 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 a different country you can bring legal proceedings in respect of the products in either the courts of your country of residence or the English courts.