PLEASE READ CAREFULLY BEFORE DOWNLOADING MAN POINTS

This end-user licence agreement (“Terms of Service”) govern your use of the MAN POINTS 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 CLUB (“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 ANDROID 5.0 OR iOS 10(+) OPERATING SYSTEM (“Operating System Requirements”).

IMPORTANT NOTICE

  • 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 AND SERVICES.
  • 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.

AGREED TERMS

  1. ACKNOWLEDGEMENTS
    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 time. 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 and/or reasonably necessary. Some of these updates may also be issued through the Appstore. Depending on 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 you have downloaded a copy of the App (“Device”). You or they may be charged by your or their service provider for internet access on the Device. In particular if you use the App outside of a wifi zone, the App will use the mobile data functionality of the Device. You agree to such use and are responsible for all such charges resulting from this.
    1.5 You accept responsibility in accordance with these Terms of Service for the use of the App and Services on the Device, whether or not it is owned by you. You are also responsible for ensuring that all persons who access the App through the Device are aware of and comply with these Terms of Service and the Appstore Rules.
    1.6 The terms of our Privacy Policy are incorporated into these Terms of Service by reference. 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 App 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 and 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 your use of the App (in accordance with clause 11) or:
    (a) send you one or more formal warnings;
    (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.
  1. THIRD PARTY SERVICES
    2.1 The App may also contain links to other independent 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 policies (if any).
    2.2 You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
  2. 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 the App and Services on the Device, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into these Terms of Service by reference.
    3.2 You may download a copy of the App 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 and you agree not to use the App and Services for any commercial, business or resale purposes.
    3.3 If you are a business user, you may use the App and Services to promote your event but must not use the App and Services for any other commercial use, including for resale purposes.
    3.4 You are responsible for ensuring that the Device is compatible with the App and for ensuring that the Device has the minimum Operating System Requirements.
  3. USE OF LOCATION
    4.1 The Services will make use of location data sent from the 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 use the App and 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 withdraw this consent at any time by turning off the location services on the Device.
  1. RESTRICTIONS
    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 text, 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 copying 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 program;
    (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;
    (e) to include our copyright notice on all entire and partial copies you make of the App on any medium;
    (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”),
  1. ACCEPTABLE USE
    You must:
    (a) not use the App or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Service, or act 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 our intellectual property rights or those of any third party in relation to your use of the App or Services;
    (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
    (d) not collect 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.
  2. 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 all 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 Material”.
    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 (at our sole discretion) any of Your Material at any time, without any liability to you or without any 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.
    7.5 Your Material must:
    (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.
    7.6 Your Material must not:
    (a) identify a person without having obtained that person’s permission in advance;
    (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.
  1. INTELLECTUAL PROPERTY RIGHTS
    8.1 We acknowledge that Your Material (including any intellectual property rights contained in it) belongs to you or third party licensors from whom you have licensed Your Material.
    8.2 You agree that you are entitled to publish Your Material 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 we see fit including for commercial purposes.
    8.3 You acknowledge that all intellectual property rights in the App and Services anywhere in the world belong to us or our licensors, that rights in 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.
    8.1 Certain 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 to the App in source-code form.
  2. NO WARRANTY, NO RELIANCE AND EXCLUSION OF LIABILITY
    9.1 You acknowledge that the App 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 App, including the Services, meet your requirements.
    9.2 You further acknowledge that the App and Services are provided to you free of charge and therefore we exclude all conditions, warranties, representations or any implied 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 the 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 of statutory duty or otherwise in relation to your access to, use of, or inability to use or access the App and Services or your reliance on any of the Content.
    9.5 Subject to clause 9.1 above, we shall not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise in relation to any event that you attend as a result of your use of the App.
    9.6 If you are a commercial user we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    9.7 We will not be liable for any loss or damage caused to the Device or any loss of or delay in your internet connection arising out of the download and/or use of the App and Services or any Content (including 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 resulting from our negligence;
    (b) fraud or fraudulent misrepresentation; and
    (c) any other liability that cannot be excluded or limited by English law.
  3. INDEMNITY
    You agree to defend, indemnify and hold us harmless against claims, actions, proceedings, losses (whether direct or indirect), damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with:
    (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.
  1. TERMINATION
    11.1 We may terminate your use of the App and Services at any time at our discretion and without liability to you.
    11.2 You may terminate your use of the App and 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 please contact us using the details in clause 12 below.
    11.3 On termination for any reason all rights granted to you under these Terms of Service shall cease and you must immediately delete or remove the App from the Device, and immediately destroy all copies of the App then in your possession, custody or control.
  2. 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 e-mail or by prepaid post to us at the address at the top of these Terms of Service or by email at contact@manpoints.club. We will endeavour to respond to all communications but cannot provide a guarantee that an individual response will be received. It may be the case that the answer to your query is posted on one of our forums or FAQ pages.
    12.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.
  3. GENERAL
    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, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    13.2 Each of the terms and conditions in these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in 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 not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
    13.4 These Terms constitute the legal agreement between you and us in relation to your use of the App, and supersede all previous agreements in respect of your use of this App.