PLEASE READ CAREFULLY BEFORE DOWNLOADING MAN POINTS
This end-user licence agreement (“Terms of Service”) govern your use of the MAN
mobile application software (the “App”), the services accessible via the App (the
“Services”) and form the basis of the legal agreement between you and MAN POINTS
(“us”, “we” or “our”).
We permit you to use the App and Services on the basis of these Terms and subject to any rules or policies applied by any app store provider or operator from whose site you downloaded the App (“Appstore”), such rules of policies being referred to in these Terms of Service as the “App Rules”.
OPERATING SYSTEM REQUIREMENTS
THE APP AND SERVICES REQUIRE A DEVICE WITH A MINIMUM OF 512 MB OF MEMORY, INTERNET ACCESS AND AN
5.0 OR iOS 10(+) OPERATING SYSTEM (“Operating System Requirements”).
- BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. YOUR ATTENTION IS DRAWN, IN
PARTICULAR, TO CLAUSE 9 BELOW WHICH SETS OUT VARIOUS EXCLUSIONS OF LIABILITY RELATING TO THE APP
- IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU WILL NOT BE ABLE TO USE APP AND YOU MUST NOT
DOWNLOAD THE APP.
1.1 These Terms of Service apply to the App and Services,
including any updates or supplements to the App and/or Services, unless they come with separate
terms, in which case those terms apply.
1.2 We may change these Terms of Service at any
If, once the changes have been made, you access the App, you will be deemed to have accepted the
changes. It is important, therefore, that you check these Terms of Service on a regular basis in
case there have been any changes.
1.3 You agree that the App may automatically download and
install updates, upgrades and additional features that we deem reasonable, beneficial to you
reasonably necessary. Some of these updates may also be issued through the Appstore. Depending
the update, you may not be able to use the App or Services until you have downloaded the latest
version of the App and accepted any new terms.
1.4 You will be assumed to have obtained
permission from the owners (if not you) of each mobile telephone or handheld device onto which
have downloaded a copy of the App (“Device”). You or they may be charged by
their service provider for internet access on the Device. In particular if you use the App
of a wifi zone, the App will use the mobile data functionality of the Device. You agree to such
and are responsible for all such charges resulting from this.
1.5 You accept responsibility
accordance with these Terms of Service for the use of the App and Services on the Device,
not it is owned by you. You are also responsible for ensuring that all persons who access the
through the Device are aware of and comply with these Terms of Service and the Appstore
Additionally, by using the App, you acknowledge and agree that internet transmissions are never
completely private or secure. You understand that any message or information you send using the
may be read or intercepted by others, even if there is a special notice that a particular
transmission is encrypted.
1.7 By using the App and Services, you consent to us collecting
using technical information about the Device and related software, hardware and peripherals to
improve our products and to provide the Services to you.
1.8 Without prejudice to our other
rights under these Terms of Service, you acknowledge that if you breach these Terms, or if we
reasonably suspect that you have breached these Terms, we may at our sole discretion terminate
use of the App (in accordance with clause 11) or:
(a) send you one or more formal
(b) temporarily or permanently stop your access to the App;
(c) block computers using your IP address from accessing the App;
(d) contact your internet services provider and request that they block your access to the App;
(e) bring court proceedings against you for breach of contract or otherwise.
- THIRD PARTY SERVICES
2.1 The App may also contain links to other
third-party websites (“Third-party Sites”). Third-party Sites are not under our
control, and we are not responsible for and do not endorse their content or their privacy
2.2 You will need to make your own independent judgement regarding your
with any Third-party Sites, including the purchase and use of any products or services
- PERMISSION TO USE THE APP AND SERVICES
3.1 In exchange for you agreeing to
abide by these Terms of Service we grant you a non-transferable, non-exclusive licence to use
incorporated into these Terms of Service by reference.
3.2 You may download a copy of the
onto the Device and to view, use and display the App and Services on the Device. If you are a
consumer user you are only permitted to use the App and Services for domestic and private use
you agree not to use the App and Services for any commercial, business or resale purposes.
If you are a business user, you may use the App and Services to promote your event but must not
the App and Services for any other commercial use, including for resale purposes.
responsible for ensuring that the Device is compatible with the App and for ensuring that the
has the minimum Operating System Requirements.
- USE OF LOCATION
4.1 The Services will make use of location data sent from
Device. You can turn off this functionality at any time by turning off the location services
settings for the App on the Device but the Services will not work if you do so.
4.2 If you
the App and Services, you consent to us and our affiliates’ and licensees’ transmission,
retention, maintenance, processing and use of your location data and queries to provide and
location-based services. You may withdraw this consent at any time by turning off the location
services on the Device.
Except as expressly set out in these Terms of Service or as
permitted by any local law, you agree:
(a) not to copy the App or Services or any of the
graphics or images that appear on the App, the design, look and feel of the App or any other
material published on the App (together, the “Content”) except where such
is incidental to normal use of the App;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Services;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the App with another software
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the App;
to include our copyright notice on all entire and partial copies you make of the App on any
(f) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(g) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (“Controls”),
- ACCEPTABLE USE
(a) not use the App or Services in any
manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Service, or
fraudulently or maliciously, for example, by hacking into or inserting malicious code, including
viruses, or harmful data, into the App, Services or any operating system;
(b) not infringe
intellectual property rights or those of any third party in relation to your use of the App or
(c) not use the App or Services in a way that could damage, disable, overburden,
impair or compromise our systems or security or interfere with other users; and
or harvest any information or data from the Servicess or our systems or attempt to decipher any
transmissions to or from the servers running the Services.
- YOUR MATERIAL
7.1 The App allows you to submit and post comments and
information about events to other users of the App. You are solely responsible for ensuring that
data, information or content that you submit to the Services including, but not limited to, via
discussions boards or chat rooms shall comply with the standards set out in this clause 7. Such
data, information and content shall be known in these Terms of Service as “Your
7.2 You must comply with the following standards. The standards
apply to the whole or any part of Your Material.
7.3 We may decline to post and/or remove
our sole discretion) any of Your Material at any time, without any liability to you or without
notice being provided to you.
7.4 We do not carry out any automatic monitoring of posts,
information or pictures submitted to the App. You are responsible for flagging to us any
inappropriate posts or pictures to enable us to take any necessary action.
(a) be accurate (where it states facts);
(b) be genuinely held (where it states opinions); and
(c) comply with applicable law in any country from which it is posted.
Your Material must not:
(a) identify a person without having obtained that person’s
(b) contain images of a person’s property unless you have obtained that person’s permission in advance;
(c) contain any material which is defamatory of any person;
(d) contain any material which is obscene, offensive, hateful or inflammatory;
(e) promote sexually explicit material;
(f) promote violence;
(g) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(h) infringe any copyright, database right or trade mark of any other person;
(i) be likely to deceive any person;
(j) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(k) promote any illegal activity;
(l) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(m) be likely to harass, upset, embarrass, alarm or annoy any other person;
(n) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(o) give the impression that they emanate from us or that any event appearing on the App (“Event”) is organised in association with us or endorsed by us; or
(p) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- INTELLECTUAL PROPERTY RIGHTS
8.1 We acknowledge that Your Material
any intellectual property rights contained in it) belongs to you or third party licensors from
you have licensed Your Material.
8.2 You agree that you are entitled to publish Your
and you are entitled to permit us to publish Your Material. Accordingly, you grant to us a
non-exclusive, royalty free, worldwide, perpetual licence, to use and exploit Your Material as
see fit including for commercial purposes.
8.3 You acknowledge that all intellectual
rights in the App and Services anywhere in the world belong to us or our licensors, that rights
the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the
Services other than the right to use each of them in accordance with these Terms.
Content is provided under licence from third parties and such third parties own all intellectual
property rights in such Content.
8.2 You acknowledge that you have no right to have access
the App in source-code form.
- NO WARRANTY, NO RELIANCE AND EXCLUSION OF LIABILITY
9.1 You acknowledge
the App has not been developed to meet your individual requirements, and that it is therefore
responsibility to ensure that the facilities and functions of the App, including the Services,
9.2 You further acknowledge that the App and Services are provided to
free of charge and therefore we exclude all conditions, warranties, representations or any
terms which may apply to the App and/or the Services.
9.3 The information on the App is
provided by other users of the App. It may therefore be inaccurate, incomplete or out of date.
Accordingly, without prejudice to the general nature of clause 9.2 above, we make no
representations, warranties or guarantees, whether express or implied, that the information on
App is accurate, complete or up-to-date.
9.4 Subject to clause 9.8 below, we shall not be
liable to you for any loss or damage, whether in contract, tort (including negligence), breach
statutory duty or otherwise in relation to your access to, use of, or inability to use or access
App and Services or your reliance on any of the Content.
9.5 Subject to clause 9.1 above,
shall not be liable to you for any loss or damage, whether in contract, tort (including
breach of statutory duty or otherwise in relation to any event that you attend as a result of
use of the App.
9.6 If you are a commercial user we have no liability to you for any loss
profit, loss of business, business interruption, or loss of business opportunity.
not be liable for any loss or damage caused to the Device or any loss of or delay in your
connection arising out of the download and/or use of the App and Services or any Content
in relation to any harmful material or viruses which may infect the Device).
9.8 Nothing in
these Terms shall limit or exclude our liability for:
(a) death or personal injury
from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other
liability that cannot be excluded or limited by English law.
You agree to defend, indemnify and hold us harmless against
actions, proceedings, losses (whether direct or indirect), damages, expenses and costs
without limitation court costs and reasonable legal fees) arising out of or in connection
(a) any breach by you of these Terms of Service;
(c) Your Material; and/or
(d) any event that is organised, promoted and/or held by you.
11.1 We may terminate your use of the App and Services at any
at our discretion and without liability to you.
11.2 You may terminate your use of the App
Services by deleting the App from the Device. Please note that the deletion of the App in itself
will not delete Your Material from our servers. If you would like us to delete Your Material
contact us using the details in clause 12 below.
11.3 On termination for any reason all
granted to you under these Terms of Service shall cease and you must immediately delete or
the App from the Device, and immediately destroy all copies of the App then in your possession,
custody or control.
- COMMUNICATION BETWEEN US
12.1 If you wish to contact us in writing, or if
these Terms of Service require you to give us notice in writing, you can send this to us by
or by prepaid post to us at the address at the top of these Terms of Service or by email at email@example.com.
We will endeavour to respond to all communications but cannot provide a guarantee that an
response will be received. It may be the case that the answer to your query is posted on one of
forums or FAQ pages.
12.2 If we have to contact you or give you notice in writing, we will
so by e-mail or by pre-paid post to the address you provide to us in your request for the App.
13.1 If we fail to insist that you perform any of your obligations
under these Terms, or if we do not enforce our rights against you, or if we delay in doing so,
will not mean that we have waived our rights against you and will not mean that you do not have
comply with those obligations. If we do waive a default by you, we will only do so in writing,
that will not mean that we will automatically waive any later default by you.
13.2 Each of
terms and conditions in these Terms operates separately. If any court or competent authority
that any of them are unlawful or unenforceable, the remaining terms and conditions will remain
full force and effect.
13.3 We may transfer, sub-contract or otherwise deal with our rights
and/or obligations under these Terms without notifying you or obtaining your consent. You may
transfer, sub-contract or otherwise deal with your rights and/or obligations under these
13.4 These Terms constitute the legal agreement between you and us in relation to your use of
App, and supersede all previous agreements in respect of your use of this App.