LAST UPDATED: 12th March 2019
What do these Terms cover?
These Terms are the terms and conditions that govern your access to, and use of, the Solution. This Solution is not intended for people below 18 and you should not use the Solution (and/or accept these Terms) if you are below 18 years of age.
Why should you read these Terms?
These terms create a legally binding agreement between you and us. By accessing or using the Solution, you are accepting these Terms. You confirm that you can enter the agreement. You confirm and promise to us that you have the right, authority, and capacity to enter into these Terms. The key terms that you should consider in particular detail are:
the 87% platform
App Store Terms Also Apply. Your use of the 87% app is also controlled by the Apple Media Services Terms and Conditions, available here and Android Appstore Terms and Conditions for your applicable jurisdiction, available here.
Operating System Requirements. To allow 87% to stay current in the rapidly moving mobile and online market, your devices must comply with the Minimum Platform Requirements. The Minimum Platform Requirements are subject to change at any time, at the sole discretion of 87%. This may be with or without advance notice.
What to do if you don’t want to accept these Terms? If you do not agree with all of the provisions of these Terms, do not access and/or use the Solution.
1. INFORMATION ABOUT 87% AND CONTACT DETAILS
1.1. Who we are. 87% is a company registered in England and our company registration number is 11020037
1.2. Where we are based. Our registered office is located at 2 Stone Buildings, London, England, WC2A 3TH.
1.3. How to contact us. You can contact us by writing to us at firstname.lastname@example.org.
1.4. How we may contact you. If we have to contact you we may do so by email to the address you provided when you registered for an Account (defined below).
1.5. Email counts as “in writing”. When we use the words “writing” or “written” in these Terms, this includes emails. For contractual purposes, you: (a) consent to receiving communications from 87% by email; and (b) agree that all communications that we provide to you by email satisfy any legal requirement that such communications would satisfy if it were be in a hard copy writing.
2. HOW DO WE DEAL WITH YOUR PERSONAL INFORMATION?
3.1. Account Creation. In order to use certain features of the Solution, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form.
3.2. Accurate and up-to-date Information. All the registration information you submit must be truthful and accurate. If for any reason any information you submit becomes untruthful, inaccurate and/or incomplete, you agree that you will update that information to maintain its accuracy.
3.3. What to do if you want to delete your Account. You can delete your Account at any time, for any reason, by emailing email@example.com. You can also delete your data at any time using the ‘Delete my Data’ feature within your profile on the 87% app.
3.4. Automatic Account Deletion. Your Account will also be automatically deleted, if your employer notifies us that you have left or will leave their employment. We will notify you thirty (30) days before your Account is so deleted. If you believe the Account deletion notification is an error, you must contact your human resources manager within your employer.
3.5. You are responsible for your Account. You are responsible for maintaining the confidentiality of your Account log-in information (including, for example, your password). Accordingly, you are responsible for all activities that occur under your Account.
3.6. What to do if you become aware of, or suspect, unauthorised use of your Account. You should notify us immediately if you suspect or become aware of any unauthorised use of your Account or any other breach of security.
4. ACCESS TO THE SOLUTION
4.1. License. Subject to these Terms (in particular, the restrictions described in Section 4.2), 87% grants you a licence to use and access the Solution on the basis that this licence is:
4.1.1. not a commercial licence – you can only access and use the Solution for your own personal, non-commercial uses (i.e., not for your business);
4.1.2. non-transferable – you can’t pass this right to someone else;
4.1.3. non-exclusive – other people can access and use the Solution;
4.1.4. revocable – we have the right to remove your ability to use the Solution in accordance with these Terms; and
4.1.5. limited – the licence does not extend beyond what has just been described above.
4.2. Certain Restrictions. The rights granted to you in these Terms are subject to several important restrictions, particularly relating to how you access and use the Solution. In particular, you agree that your use of the Solution is subject to the following restrictions:
4.2.1. you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Solution, whether in whole or in part, or any content displayed on the Solution;
4.2.2. you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Solution, otherwise that as permitted by applicable law for interoperability purposes;
4.2.3. you shall not access the Solution in order to build a similar or competitive website, product, or service; and
4.2.4. except as expressly stated in these Terms, you agree that no part of the Solution may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
4.3. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Solution shall be subject to these Terms. All copyright and other proprietary notices within the Solution (or on any content displayed within the Solution) must be retained on all copies thereof.
4.4. Modification. 87% reserves the right, at any time, to modify, suspend, or discontinue the Solution (in whole or in part). We may do this with or without notice to you. You agree that 87% will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Solution or any part thereof.
4.5. No Support or Maintenance. You acknowledge and agree that 87% will have no obligation to provide you with any support or maintenance in connection with the Solution. However, if a fault occurs in the Solution, please report it to us at firstname.lastname@example.org for our review and, where we determine it is appropriate to do so, attempt to correct the fault. If the need arises, we may suspend access to the Solution while we address the fault. We will not be liable to you if the Solution is unavailable for the period of time it takes to fix or attempt to fix such fault. Your access to the Solution may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.
4.6. Ownership. Excluding any User Content (this term is defined below) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Solution and its content are owned by 87%, 87%’s suppliers or, in the case of other users’ User Content, other users of the Solution. Neither these Terms (nor your access to the Solution) transfers to you or any third party any rights, ownership or similar interests in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 4. 87% and its suppliers reserve all rights not granted in these Terms. There are no implied licences granted under these Terms.
5. USER CONTENT
5.1. User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Solution (e.g., content in the user’s profile or postings in the community, or any profile image you upload to your Account). You are solely responsible for your User Content. You assume all risks associated with use of your User Content in accordance with these Terms, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party.
5.2. How User Content cannot be used. You confirm and promise to us: that your User Content does not and will not violate our Acceptable Use Policy (defined in Section 5.4). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by 87%. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.
5.3. Backing up User Content. 87% is not obligated to backup any User Content, and your User Content may be deleted from the Solution at any time without prior notice – accordingly we recommend you store and backup copies elsewhere. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
5.4. Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
5.4.1. Protection of our reputation and third party rights. You agree not to use the Solution to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortuous, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
5.4.2. Protection of our systems. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Solution any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Solution unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Solution to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Solution, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorised access to the Solution (or to other computer systems or networks connected to or used together with the Solution), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Solution; or (vi) use software or automated agents or scripts to produce multiple accounts on the Solution, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Solution (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Solution for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials.
5.5. How might we enforce these Terms if you violate them? We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person – the action we take will be determined by us acting in our sole discretion. Examples of action that we might take could include: removing or modifying your User Content, terminating your Account in accordance with Section 3, and/or reporting you to your employer and/or law enforcement authorities.
5.6. Feedback. If you provide 87% with any feedback or suggestions regarding the Solution (“Feedback”), you hereby transfer to 87% all rights in such Feedback. You also agree that 87% shall have the right to use and fully exploit such Feedback and related information in any manner it considers appropriate.
5.7. Do not send us confidential information in Feedback. Please note that the Feedback you provide to 87% will not be treated as confidential information – accordingly, you agree not to submit to 87% any information or ideas that you consider to be confidential or proprietary.
6. THIRD-PARTY LINKS & APPS: OTHER USERS
6.1. Third-Party Links. The Solution may contain links to third-party websites and services (collectively, “Third-Party Links”). Where the Solution contains links to Third-Party Links, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. 87% does not review, approve, endorse or make any promises with respect to Third-Party Links.
6.2. You use Third-Party Links at your own risk. You use all Third-Party Links at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, not these Terms.
6.3. Other Users. Each Solution user is solely responsible for any and all of its own User Content.
7. OUR RESPONSIBILITY FOR LOSS OR DAMAGE
7.1. The Solution is not bespoke to you. You acknowledge that the Solution 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 Solution meet your requirements.
7.2 87% products are designed purely as a self-help programme, which in some cases may include individualised support and feedback from content selected by our Scientific team. Our services do not include the provision of medical care, mental health services or other professional advice.
While the Services may provide access to certain general health information, they are not intended to provide medical advice. We advise you to always seek the advice of a physician or qualified healthcare provider with any questions regarding your personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical or psychological advice from your doctor or other qualified healthcare provider because of something you have read as part of our service.
By using our service, you acknowledge that although some of the content that is provided to may be from individuals in the medical profession, the provision of such information does not create a medical professional /patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you in completing your self-help programme.
7.3 If you have or suspect that you have a medical or psychological emergency, please contact a qualified healthcare professional or dial 999 immediately. 87% services are not a substitute for a qualified counsellor, therapist or mental health practitioner. If you are already in therapy for mental health-related concerns, you should discuss using our programmes with your therapist. If you are unsure about the effects of using our services, or if you have concerns about your health and wellbeing, you should consult your GP or Medical Adviser. You should not rely on the material or information in this app as the basis for making any business, legal, personal, financial or other decisions. You should consult an appropriate professional for specific advice.
7.4. We are responsible to you only 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 these Terms are entered into both we and you knew it might happen.
7.5. We are not liable for business losses. As noted above, we only make the Solution available for your domestic and private use. If you use the Solution for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.6. No liability for User Content. We do not control User Content, you acknowledge and agree that we are not responsible for any User Content, and in particular the content of any community posts, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content.
7.7. No liability for user interactions. Your interactions with other Solution users (for instance, through the use of the community) are solely between you and such users. We simply host the Solution and do not control your interactions with other Users, you agree that 87% will not be responsible for any loss or damage incurred as the result of any such interactions.
7.8. No liability for damage caused by unauthorised access. We will not be responsible for any loss or damage incurred as a result of unauthorised access to your Account which is not within our reasonable control, including where you fail to comply with Section 3.
7.9. What we do not exclude. Nothing in these Terms shall limit or exclude our liability for:
7.9.1. death or personal injury resulting from our negligence;
7.9.2. fraud or fraudulent misrepresentation; or
7.9.3. any other liability that cannot be excluded or limited by English law.
8. TERM AND TERMINATION
8.1. Duration of Terms. Subject to this Section 8, these Terms will remain in full force and effect while you use the Solution.
8.2. When we might suspend or terminate your Account or Solution access. We may suspend or terminate your rights to use the Solution (including your Account) at any time for any reason at our sole discretion, including for any use of the Solution in violation of these Terms.
8.3. What happens when these Terms terminate? Upon termination of your rights under these Terms, your Account and right to access and use the Solution will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases – for this reason, we recommend you pay particular attention to Section 5.3 (Backing up User Content).
8.4. What terms will continue after these Terms have been terminated? Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 to 5.5, and Sections 6 to 9.
9. OTHER IMPORTANT TERMS
Headings and Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
We may transfer these Terms to someone else. We may transfer our rights and obligations under these Terms to another organisation – for example, this could include another member of our group of companies or someone who buys our business. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
Nobody else has any rights under these Terms. These Terms are between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of these Terms illegal, the rest will continue in force. Each of the Sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Sections will remain in full force and effect.
Even if we delay in enforcing these Terms, 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 these Terms, 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.
Which laws apply to these Terms and where you may bring legal proceedings. These Terms are governed by English law and we both agree to submit to the non-exclusive jurisdiction of the English courts. This means that, if you are a citizen of a country in the EU, you may bring a claim to enforce your consumer protection rights in connection with these Terms in England or in the EU country in which you live.
Copyright/Trademark Information. Copyright © 2019 87% Ltd. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Solution are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.