Terms of Service
BY CLICKING ON THE “ACCEPT & CONTINUE” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS PLEASE DON’T USE THE APP OR OUR WEBSITE.
YOUR USE OF THE SERVICE (WHETHER VIA THE APP OR THE WEBSITE) IS SUBJECT TO THESE TERMS.
YOA APP OWNER, ADDRESS AND CUSTOMER SERVICES INFORMATION CAN BE FOUND ON THE ‘IMPORTANT INFORMATION’ SECTION OF THE APP
Who we are and what this agreement does
Under these terms of service, we the YOA App Owner of Address specified in the ‘Important Information’ section license you to use:
- the YOA App mobile application software registered to this YOA App Owner (“App”) and any updates or supplements to it;
- the website if agreed by both parties to be created (“Website”);
- the related online documentation (“Documentation”); and
- the service you connect to via the App and/or Website and the content we provide to you through it (“Service”)
as permitted in these terms.
You must be 13 to accept these terms and download the App or use the Website
You must be 13 or over to accept these terms and download the App or use the Website. A parent or legal guardian can create sub-accounts (to their own account) which can be used by children under the age of 13. The main account holder can control and limit the content children have access to on their sub-account. The main account holder will be responsible for monitoring the sub-account holder’s activities. By creating a sub-account you are authorising the children’s use of the App/Website to access the Service.
- OTHER TERMS THAT MAY APPLY
The Service is powered by Padoq Limited of Hanleys Spring Road, Hale, Altrincham, Cheshire, WA14 2UQ (“Padoq Limited”). By creating an account on the Service you are also creating an account on Padoq Limited’s app known as ‘Padoq’ (available at https://itunes.apple.com, https://play.google.com and the website at [INSERT URL]) (“Padoq App”). The Services can be accessed and viewed via the App, Website and Padoq App. Please note, if you download and use the Padoq App then additional terms and conditions will apply.
The Services allow users to create user groups (“User Groups”). If you create a User Group then you are the administrator of that User Group (“Admin”) and additional terms will apply to you.
You acknowledge that by its nature posts that you make using the Service may be visible to other members of relevant User Groups within the Service. You should not post information that you want to keep confidential.
You acknowledge that by joining a User Group you consent to use of your data by the Admin; and accept that we bear no responsibility for the activities of the Admin in relation to the onward transmission of your data.
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. You are responsible for ensuring that you connect to secure networks when using the App to reduce the risk of information being intercepted.
Apple Store and Google Play’s terms also apply
The ways in which you can use the Service and Documentation may also be controlled by Apple Store and Google Play’s rules and policies https://developer.apple.com & https://play.google.com and Apple Store and Google Play’s rules and policies will apply instead of these terms where there are differences between the two.
- THE SERVICE AND YOUR DEVICE
Operating system requirements
Where you are accessing the Service via the App, your device should be operating either the Android version 5.0 Lollipop or iOS 10 or such other later versions as may be released from time to time. Where you accessing the Service via the Website [INSERT BROWSER REQUIREMENTS].
Support and how to tell us about problems
Support. If you want to learn more about the Service or have any problems accessing/using them via the App or Website then please contact firstname.lastname@example.org.
Contacting us (including with complaints). If you think the App, Website 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 or at the address provided in the ‘Important Information’ section.
How we will communicate with you. If we have to contact you we will do so either through the App, by email, by SMS or by pre-paid post, using the contact details you have provided to us.
How you may use the App to access the Service, including how many devices you may use it on
In return for your agreeing to comply with these terms you may:
- download or stream a copy of the App onto any number of compatible devices and view, use and display the App and the Service on such devices for your personal or organisational purposes only.
- use any Documentation to support your permitted use of the Services via the App, and/or Website.
- provided you comply with these terms, make a copy of the App for back-up purposes; 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.
- ACCEPTABLE USE OF THE SERVICE
We do our best to keep the Service a safe and trustworthy environment, but we cannot guarantee it. We need your help to keep the Service safe and trustworthy, which includes the following commitments by you:
- You will not post unauthorised commercial communications (including advertising and spam) on the Service.
- You will not collect users’ content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders or scrapers) without our prior permission.
- You will not share any personal data (as defined in the Data Protection Legislation) where it is unnecessary to do so.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Service.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not post any content on the Service that is illegal under UK law or under the laws of the countries where you or other members of the Service reside or view content in.
- You will not use the Service to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of the Service.
- You will not facilitate or encourage any violations of these terms or our policies.
- You will not impersonate anyone (including by using false details to create profiles).
- If you see anything that you feel is inappropriate you shall report it to us or the Admin (where such content is in a User Group).
- You will cooperate with valid law enforcement requests.
- You will not post implied links to inappropriate content.
Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
- You will not post content or take any action on the Service that infringes or violates someone else’s rights or otherwise violates the law.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks or any confusingly similar marks, except with our prior written permission.
- You will not post anyone’s identification documents or sensitive financial information on the Service without that person’s prior consent.
- You will not tag users or send email invitations to non-users without their consent. The Service offers social reporting tools to enable users to provide feedback through the App.
Acceptable use restrictions
- not use the Service to collect inappropriate amounts of personal data;
- not use the 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 Service, including by the submission of any material (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 Service;
- not use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; 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.
Ownership of content
If a user deletes content off the Service, then that data will be deleted completely provided that we have no other legal grounds for retaining it (such as complying with law enforcement). We do not retain copies of that content.
When creating a User Group on the Service you will be given the option to publish such User Group on the Padoq App. If you select this option then your User Group including any content posted on it will also be published and be accessible by members of the User Group on the Padoq App and the Padoq App’s terms and conditions will apply.
Right to takedown content and remove users
The Service is a family friendly communication platform and we are strictly against any inappropriate content being posted on the Service.
We provide a reporting function whereby users can report content that is inappropriate to Admins. Any reported content will be notified to the Admin who may delete the content (if appropriate).
We reserve the right to remove any content from the Service and delete any user for any reason, without prior notice. We reserve the right to report any content to relevant authorities and security services if necessary.
Please note you will not have the right to be forgotten if we have legal ground for processing your data.
Operating a User Group
In order to help us keep the Service as a family friendly communication platform we require Admins to (and as an Admin you agree to) provide the following commitments:
- You will monitor any content posted in your User Group.
- You will ensure that members of your User Group comply with these terms.
- You will delete any content posted in your User Group that does not comply with these terms.
- If you collect any data from the members of your User Group (“User Group Data”) then you are a Data Controller (as defined in the General Data Protection Regulation or any accompanying or subsequent data protection legislation in force from time to time (“Data Protection Legislation”)) of that data as well as us. You will comply with all your legal obligations under the Data Protection Legislation. You will indemnify us in respect of any breach of your obligations under such Data Protection Legislation.
- You will not allow users of your User Group to unnecessarily post, share or collect personal data (as defined in the Data Protection Legislation).
- You will not sell any data that you collect from the Service or use the data for any illegal purpose or any purpose which the User Group members have not consented to.
- If you receive any complaint in relation to the content posted in your User Group, or a particular member of your User Group, then you will use all reasonable endeavors to resolve that complaint and take suitable action (e.g. deleting the content or removing the user from the User Group).
- You will remove any user from your User Group if you become aware that such user does not meet the minimum age limit for that User Group.
- You will inform us of any user that is posting inappropriate content.
- You shall not set up a User Group pretending to represent an official brand, club or other body where you don’t have the appropriate permission.
- You shall only collect such data from your members as may be necessary for the operation and running of your User Group.
Each User Group has 5gb of storage. [If you are an Admin of a User Group that is not generating advertising revenue and you exceed the 5gb storage limit then Padoq Limited may:
- Delete content (including messages and images) posted in your User Group; and/or
- Propose and charge you a fee for increased storage.]
Data processor provisions (for Admins only)
You acknowledge that the Service is powered by Padoq Limited and that Padoq Limited may from time to time act as a data processor on behalf of the Admin. This section applies to Admins only and sets out the terms and conditions (where Padoq Limited is processing personal data) on which Padoq Limited will process personal data on behalf of the Admin in accordance with the Data Protection Legislation. Both parties will comply with all applicable requirements of the Data Protection Legislation.
- The parties acknowledge that the Admin is a data controller of the User Group Data and where Padoq Limited is processing personal data, on behalf of the Admin and at the request of the Admin then to that effect Padoq Limited is a data processor (as defined in the Data Protection Legislation) in relation to the User Group Data.
- The processing of personal data by Padoq Limited shall be:
- for the sole purpose of helping the Admin administer their User Group;
- provided for the duration that the Admin operates a User Group; and
- in relation to User Group member details (such as names, addresses and e-mail addresses).
- The Admin will ensure that they have all necessary appropriate consents and notices in place to enable lawful collection of the User Group Data for the duration and purposes set out above.
- Padoq Limited shall:
- process personal data only for the purposes of administering the User Group (this constituting the written instructions of the Admin) unless Padoq Limited is required by law to process personal data (“Applicable Laws”);
- ensure that it has in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it); and
- ensure that all personnel who have access to and/or process personal data are committed to keep the personal data confidential.
- Padoq Limited will assist the Admin (at the Admin’s cost) in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators.
- Padoq Limited will:
- notify the Admin without undue delay on becoming aware of a personal data breach;
- at the written request of the Admin, delete or return User Group Data and copies thereof to the Admin (on expiry of the duration set out above) unless required by Applicable Law to store the User Group Data; and
- maintain complete and accurate records and information and allow for audits by the Admin or the Admin’s designated auditor.
- Padoq Limited may authorise a third party (“Subcontractor”) to process the User Group Data provided that the subcontractors’ contract is on terms which are substantially the same as those set out in this agreement in relation to personal data and it notifies the Admin of the identity of such Subcontractor.
- Padoq Limited will not be liable for any claim brought by a data subject arising from any action or omission by Padoq Limited or one of its Subcontractors, to the extent that such action or omission resulted directly from the Admin’s instructions.
Advertisements and other commercial content
You agree to the following:
- You give us permission to display adverts to you.
- You understand that we may not always identify paid services and communications as such.
- You understand that we [and Padoq Limited] may be earning commission from the adverts.
Person-to-person transfer of electronic value (“P2P“) may be made available to you at our sole discretion. The P2P service will be provided by Mangopay and it is your sole non-advised choice as to what services you or other members of User Groups you are a member of use. Any use of the P2P service will be subject to their terms https://www.mangopay.com/terms/end-user-terms-and-conditions/Mangopay_Terms-EN.pdf. If you use P2P, you also consent to the following applicable risks and other terms:
- We may require that you provide more information in order to complete a transaction.
- If you receive and accept a P2P transfer, you are liable to us for not only the payment, but also any fees that may result from a later invalidation of that payment for any reason, including, without limitation, if you lose a claim or a chargeback, or if the payment is reversed. You agree to allow us to recover any amounts due to us by debiting from your electronic value balance. If your electronic value balance is insufficient to cover this amount, we reserve the right to charge your funding instrument or take any other legal action to collect the funds to the full extent allowed by applicable law.
- P2P use is at your sole risk, and we assume no responsibility for the underlying transaction of funds, or the actions or identity of any transfer recipient or sender. Disputes regarding funds are between you and the sender of a payment. If a sender files a claim for a chargeback after a P2P transaction, we are not responsible for determining the veracity of claims or the disposition of the payment.
- Use of P2P may subject you to fees, including, without limitation, those from third parties, such as reversal charges or other fees for insufficient funds if your attempted payment is rejected.
- P2P must be used in compliance with applicable law and may not be used in connection with any illegal or illicit transaction. If illegal or illicit transactions are reported or discovered, we reserve the right to take action, including, without limitation, the following, without notice to you: place a hold on your transactions; place a reserve on your funds; limit your ability to use the P2P service; report the activity to authorities or deactivate your account entirely.
- Payments may be in the same currency, between wallet types, use of PSD2 / open banking services, between currencies. You authorise us to use a suitable method to route the payments where it is not just a simple wallet to wallet transfer within the same wallet type / provider / country as legally required or as we see fit. This may require multiple payment transactions to effect a single payment which we will show on a reconciliation ledger for you to match against your personal records.
- Where you use the functionality for someone to pay on your behalf you retain all legal responsibility for the payment until they accept to pay on your behalf and have effectively contracted to pay for you.
- The P2P service provider is the first point of recourse for any transaction related queries.
The fees for using the P2P service are set out below for the wallet
|Top-up Wallet via bank transfer||Free|
|Top-up Wallet via debit/credit card||Free|
|Transfer of funds between wallets||Free|
|Withdrawal of funds||2% with a minimum fee of £2|
We allow users of the App to store their data via a personal data store. This service will be provided by Padoq Limited using HATDeX Ltd technology and their terms and conditions will apply https://hatdex.org/terms-of-service-hat-owner-agreement. You will own any and all data in the App and licence it for use by Padoq Limited, us and Admins. We will own all derived and aggregated data.
You may not transfer the App to someone else
We are giving you personally the right to use the Service as set out above. You may not otherwise transfer the App, Website 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 or to deal with additional features which we introduce.
We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
Updates and changes to the Service
From time to time we will ‘issue’ updates to the Service (may be the App or Website) to improve performance, enhance functionality, reflect changes to the operating system or address security issues.This will be ‘issued’ as an automatic update or if you opt out of automatic updates, you can choose to install the update manually.
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 Service. The App will always match the 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 may collect technical data about your device
By using the Services, you agree to us collecting and using technical information about the devices you use (to access the Service) and related software, hardware and peripherals to improve our products and to provide any Services to you.
We may collect location data (but you can turn location services off)
Certain Services, will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent 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 services.
You may stop us collecting such data at any time by turning off the location services settings on your device settings. Turning these services off may require us to limit functionality or its effectiveness.
We are not responsible for other websites you link to
The 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.
You can stop the App from sending you notifications by turning off notifications in the settings of your device. Turning off notification settings will prevent some of the App features to work.
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App, Website or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the App, Website, 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, Website, Documentation or Services nor permit the App, Website 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, Website 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;
- 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.
Intellectual property rights (other than content)
All intellectual property rights in the App, Website, the Documentation 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, Website, the Documentation or the Services other than the right to use them in accordance with these terms.
Our responsibility for loss or damage suffered by you
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 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.
When we are liable for damage to your property. If defective digital content that we have supplied is proven to have solely damaged 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 reasonable precautions or 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. If you use the Services 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 Services. 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 Service. Although we make reasonable efforts to update the information provided by 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 Service. We recommend that you back up any content and data used in connection with the Service, to protect yourself in case of problems with the App, Website or Service.
Check that the App, Website and the Services are suitable for you. The App, Website and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App, Website and the Services (as described on the appstore 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, Website 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 and/or access the Services if you break these terms
We may end your rights to use the 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.
If we end your rights to use the Services:
- You must stop all activities authorised by these terms, including your use of the App, Website 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 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 you are a business
Our total liability to you (whether under contract, tort (including negligence) or otherwise) shall be limited to the amount paid by you to us. Nothing in these terms shall limit our liability for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation.
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 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. If you live outside of the England, Scotland or Northern Ireland then you without limitation waive all rights to non-English laws or to take legal action outside of England. If you do enter into any legal action outside of England, Scotland or Northern Ireland then you agree without reservation to pay any and all legal costs that we consider appropriate to defend such actions.
Alternative dispute resolution
Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform or in the case of the UK leaving the European Union, such other body as may be nominated by the UK Government.
We have designed the App as a platform to help people to do good things together collectively as a community. We have core values around data, content and privacy which we hope will change the status quo when it comes to online engagement. We hope you enjoy your time on the App and help make the online world a better place by using it.