GOVIDA – END USER LICENCE AGREEMENT
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY DOWNLOADING THE APP, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE APP.
WHO ARE WE AND WHAT THIS LICENCE AGREEMENT DOES
We Propel Wellbeing Limited “GoVida” of Copyrite House, 1 Levens Road, Hazel Grove, Stockport, Manchester, SK7 5DL license you to use:
- The GoVida mobile application software, the data supplied with the software, (App) and any updates or supplements to it.
- The related online or electronic documentation (Documentation).
- The service you connect to via the App and the content we provide to you through it (Service) as permitted in these terms.
To use the App and our Service, you will need to create an account by providing us with information including (but not limited to) your full name, a valid business e-mail address linked to your Employer, and a password. You must keep this information secret, and notify us immediately if you discover or suspect any security breach related to your account with us.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
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 COLLECT ACTIVITY DATA
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SETTINGS OFF)
We only use location data sent from your devices if you enable location services in relation to the App, and to enable you to check-in to and to check-out of venues listed in the GoVida app. . You can turn off this functionality, and stop us collecting such data, at any time by turning off the location services settings for the App. If you enable location services in relation to the App, you agree to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.
USE OF THE APP AND OUR SERVICE
The App, Documentation and Service do not diagnose, treat, cure or prevent medical conditions and should not be used to do so. Nor are they designed to provide you with any support particular for you and materials are for general reference. Any reliance upon the App, Documentation or Service is at your own risk. We recommend that you consult a Medical Practitioner before starting an exercise regime or changing your diet and use of the App, Documentation or Service for these purposes should be done following their advice. We are not responsible for any health problems which you may experience in conjunction with activities related to or from your use of the App, Documentation or Service and you agree that your use of them is at your own risk and undertaken on a voluntary basis.
The App, Documentation and the Service are a general wellbeing aid. You should not rely on any of these to manage your mood or mental health. It is important that you seek professional assistance or other support where necessary.
APP STORE AND GOOGLE PLAY TERMS ALSO APPLY
The ways in which you can use the App and Documentation may also be controlled by the App Store and Google Play’s rules and policies (including their Privacy Policies), and those rules and policies will apply instead of these terms where there are differences between the two.
OPERTAING SYSTEM AND ACCESS REQUIREMENTS
This app requires an iOS or Android smartphone device and supports the operating systems: iOS 11 and all following iOS and Android Lollipop and all following OS for Android excluding iOS and Android beta versions.
You are solely responsible for paying any fees relating to your use of the App through your device, including data and roaming charges, and must provide all equipment, software and access necessary to use the App and our Services. You may not be able to continuously access the App or our Service whilst using another feature of your device, such as voice calling, dependent upon your settings or its capability.
YOUR GOVIDA DASHBOARD
Once you have created an account and connected to Apple Health, Google Fit, Fitbit, Garmin or Strava, the GoVida Dashboard within the “Home” tab of the App will display your activity data for the Day, Week, Month and Year, as well as the number of GoVida Points in your GoVida Wallet, which can be redeemed for rewards and benefits from your Employer and from our GoVida Reward Affiliates. Your GoVida Dashboard will also display which challenges you have accepted and are currently taking part in through the “My Ongoing Challenges” tab.
We are not responsible for and do not provide Apple Health, Google Fit, Fitbit, Garmin or Strava or any linked device. When using these you will be doing so under the terms and conditions of the relevant provider.
You can refresh your GoVida Dashboard to update and sync recent data by pulling down on the screen when the dashboard is open until you see the “refresh” symbol fully rotating.
Your GoVida Dashboard displays your GoVida Point earnings (“GoVPs”) See how to earn GoVida points via link below:
Charity Earnings are calculated as a percentage of your total GoVP earnings (This percentage is determined by your employer and the earnings are expressed in the national currency and are the responsibility of the employer to pass over to the respective charity).
POINTS, BENEFITS AND REWARDS
GoVPs are non-transferable, do not have any monetary value and cannot be redeemed for cash. They may not be “sold” to any third party. We reserve the right at our sole discretion to deduct GoVPs from any user account in the event of any breach of the terms of this licence.
The number of GoVPs needed to redeem against any reward or benefit is subject to change in our sole discretion and that of the relevant Employer, and any previous redemption value is not indicative of any future redemption value.
The rewards and benefits offered through the redemption of GoVPs (and their expiry date or other terms) may change over time, and may be either amended or removed from redemption from time to time in our sole discretion and that of the relevant Employer.
We are not obliged in any situation to credit GoVPs to the account of any user in the event that they have not been validated by our systems, even in the event the data from a device may suggest that they should be awarded based upon activity.
Any decision on the allocation or removal of GoVPs is in our absolute discretion and our determination as to whether GoVPs should be awarded or removed is final.
Once GoVPs have been redeemed towards a reward or benefit they will not be re-credited to a user’s account, regardless of whether or not they have changed their mind in wanting to receive the reward or benefit in relation to which they were redeemed.
In the event that we incorrectly calculate the number of GoVPs redeemed in relation to a reward or benefit, we may in our sole discretion, recredit your account or arrange for redemption in any event.
Where you leave employment or your employer ends their contract with us your access to the App will end. When your access ends your GoVPs will be removed,
You can earn GoVPs through your use of the App on the basis set out in the App, Documentation or Service. Any change to the basis of allocation of GoVPs shall apply as soon as an update is made. See how to earn GoVPs via the link below:
Users can see a list of rewards associated with their account through the “Rewards” tab on the App. Clicking on a reward will show further details, and if a User has enough GoVPs available to spend in their wallet (shown at the top left of the App), then they can click “Redeem” and confirm that they want to proceed. The related GoVP value will be deducted from the User’s Wallet.
We offer two types of rewards: “Employer Powered” and “GoVida Powered”. Redemption of Employer Powered Rewards must be authorised by the User’s Employer. Once authorised, a User will receive a confirmatory push notification through their device and an e-mail to their work e-mail address provided on registration. GoVida Powered Rewards are automatically authorised by GoVida, after which the User will receive a confirmatory e-mail to their work e-mail address with further details on how the reward can be redeemed, along with a link to any related terms and conditions.
Once a reward has been redeemed, it will show in the “My Rewards” Tab in the App. Any Employer Powered Rewards awaiting authorisation will show as “Pending”, and any authorised or otherwise redeemed rewards will show as “Delivered”.
Any user of the App can see a Leaderboard containing activity information relating to their colleagues’ step count and distance covered over the day, week, month and year. By using the App you agree to the use of the Leaderboard on this basis. To sync the most recent Leaderboard information to the App, pull down on the home/dashboard screen until you can see the refresh symbol rotate.
Your information may not be shown on the Leaderboard but can be viewed in the administration section of the App. [You can choose not to participate in a Leaderboard, to do this you must opt out of this feature]
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or the Service or have any problems using them please click on the “Help and Support” Tab within the App or email: firstname.lastname@example.org
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 our customer service team at email@example.com
How we will communicate with you. If we have to contact you we will do so by email, by SMS or by notification through your device (provided that they are turned on), using the contact details you have provided to us.
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE ON IT
In return for your agreeing to comply with these terms you may:
- download a copy of the App onto your own devices and view, use and display the App and the Service on such devices for your personal purposes only.
- use any Documentation to support your permitted use of the App and the Service; and
- 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.
You must be 18 to accept these terms and DOWNLOAD the app
You must be 18 or over to accept these terms and download the App.
You may not transfer the App to someone else
We are giving you personally the right to use the App and the Service as set out above. 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.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice, our relationship with our users, employers and commercial partners, or to deal with additional features which we may introduce from time to time.
We will give you at least 30 days’ notice of any change by sending you either an SMS or e-mail with details of the change or notifying you of a change when you next open the App.
If you do not accept any notified changes, you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you.
UPDATE TO THE APP AND CHANGES TO THE SERVICE
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.
The App will work with the current or previous version of the operating system (as it may be updated from time to time) and match the basic description of it provided to you when you downloaded it.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
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.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or any Service may contain links to other independent websites or providers which provide benefits or rewards that are not directly provided by us. Such independent sites or providers 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.
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, 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;
- 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;
- 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:
- 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
- is not used to create any software that is substantially similar in its expression to the App; and
- is kept secure; and
- is used only for the Permitted Objective;
- 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.
ACCEPTABLE USE RESTRICTIONS
- 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;
- 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);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- 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;
- not “game” the App in any way, or encourage others to do so; and
- 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.
INTELLECTUAL PROPERTY RIGHTS
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.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE YOU SUFFER
We are responsible to you 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 direct 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 you accepted these terms, both we and you knew it might happen.
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.
Updates and Upgrades. We are not obliged to maintain or support the App or our Services, nor to update or upgrade them. You agree that we may automatically issue or require updates or upgrades to the App or our Services, and that these terms apply to any such upgrade or update.
When we are liable for damage to your property. 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 minimum system requirements advised by us.
We are not liable for business losses. 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.
Limitations to the App and the Services. The App and the Services are provided for general information and entertainment 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.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
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 App Store or Google Play site and in the Documentation) meet your requirements.
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 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.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
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.
We may end your use of the App and Services if you cease to be an employee of the employer who has an agreement with us or if your employers agreement with us ends. If we cease to provide the App or Services generally we may end your use.
If we end your rights to use the App and Services:
- You must stop all activities authorised by these 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.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
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 affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
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.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
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.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
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.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English law and you can only bring legal proceedings in respect of the products in the courts of England and Wales.