TERMS AND CONDITIONS OF USE
This document sets out the terms and conditions (“Terms”) on which Sexual Advice Association (Company Registration No.04997095) at registered office 59 Knowle Wood Road, Dorridge, West Midlands B93 8JP (“we”, “us”, “our”) provides you (“you”, “your”) with access to the SMART SAA mobile app (“App”) or website.
Please read these terms very carefully. You acknowledge and agree that by clicking on “I Accept”, you signify that you have read, understood, and agree to be bound by these Terms. These terms apply to all services provided by us to you via the App (“the Service”). If you do not accept these Terms, you will not be able to use the App.
IMPORTANT NOTICE: SMART SAA is a private App which is designed for secure and confidential advice between users and the Sexual Advice Association.
- About SMART SAA
- The SMART SAA mobile application and website are owned and managed by the Sexual Advice Association, a company registered in England and Wales under company number 04997095, registered charity number 1104691. We can be contacted by writing to Sexual Advice Association, Suite 301 Emblem House, London Bridge Hospital, 27 Tooley Street, London SE1 2PR or by the contact page on the website.
- The Service can be accessed through the SMART SAA mobile application, available for download in object code form through the Apple and Google Play app stores and other download sites as made available from time to time. In using the app, you may also access our website at www.SexualAdviceAssociation.com (“Website”). In these Terms a reference the “Use” of the Service or the App, refers to use of an App, the Website or any other electronic delivery of services to you (as may be applicable).
- You must enter a personal identification number (“PIN”) in order to use the App in accordance with the terms below. Upon registration you will be a “User” of the App for the purpose of these Terms.
- The App provides you with the following key functionality:
- create a profile page with a PIN (your “Profile”);
- access various questionnaires related to sexual function;
- access to and use of any other features and functionalities of the Service which may be provided by the App to you from time to time.
- We reserve the right to make changes to the App or part thereof from time to time including without limitation, the removal, modification and/or variation of any elements, features and functionalities of the App.
- Registration for the App
- In order to use the App, you may be required to create and submit a 4 digit PIN. By applying to register with us, you consent to us analyzing the anonymous information provided by you during usage of the App.
- By using the App, you warrant and represent that:
- you are legally capable of entering into binding contracts; and
- you are 17 years old or above.
- You must keep your login details confidential and secure at all times. You must not allow any other person to access the App using your log-in details, whether on your behalf or otherwise. This restriction includes but is not limited to any of your representatives, agents or employees.
- Accessing the App
- Subject to these Terms, we hereby grant to you a non-exclusive, non-transferable, terminable license to:
- to download, install and use the App on your mobile device; and
- access the Website or other available electronic means of access as necessary to use the Service.
- This license is in respect of your use of the App for your own individual, personal, non-commercial purposes only and does not include or extend to any of your representatives, agents or employees.
- Except as expressly permitted in these Terms, you shall not, and shall not permit others to (i) modify, translate, create derivative copies of or copy the App or Website, in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the App or Website to source code form; (iii) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the App or Website or your right to Use the App or Website; (iv) remove or modify any copyright, trademark, or other proprietary notices belonging to Us or our licensors contained within the App or Website; or (v) use the App or Website in any manner not expressly authorised by these Terms.
- We cannot guarantee that the App will be uninterrupted or fault free. Routine and essential maintenance and upgrades may be required from time to time to improve, add functions or restore the service. Notice may not occur at the time of any of the events listed within this clause 3.3.
- Subject to these Terms, we hereby grant to you a non-exclusive, non-transferable, terminable license to:
- Use of App
- When accessing the App you acknowledge and agree that:
- the App is in no way linked, connected or affiliated with Apple or Android or other store provider (“App store”) other than for delivery of application for download;
- access to and use of the App may be limited by your network carrier and may be limited if you are attempting to access the App from outside your country of residence;
- you acknowledge you will not be able to access and use certain functionalities of the App unless you have internet access through a GPRS, 3G, 4G, Wi-Fi or any other wirelessly connected mobile device. All traffic charges or access charges incurred due to the use of the App are subject to your agreed terms with your mobile network provider.
- neither your airtime provider nor any App store, App kiosk or kiosk operator shall bear any responsibility or liability whatsoever in relation to sale, distribution, functionality, accessibility, performance or non-performance of the App;
- your airtime provider and any App store, App kiosk or kiosk operator are third party beneficiaries in respect of this clause 4.1 and accordingly have the right to enforce the provisions of this clause 4.1;
- no App store is responsible for providing any support and maintenance in respect of the App; and
- you will comply with any applicable third party terms and conditions in your use of the App.
- Further, if you use an App obtained from the Apple ‘AppStore’, you acknowledge and agree that:
- you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a ‘terrorist supporting’ country;
- you are not listed on any US Government list of prohibited or restricted parties;
- these Terms are concluded between you and us and accordingly Apple is not a party to these Terms;
- Apple has no obligation to provide any maintenance and support services in respect of the App;
- if the App fails to conform to any warranty herein, you may notify Apple following which Apple will have no further liability whatsoever in respect of any such failure;
- Apple has no responsibility to address any claims by you or any third party whatsoever with respect to the App;
- Apple shall not be responsible for any claims made by any third party that the App infringes any third party intellectual property rights; and
- ‘AppStore’ and ‘Apple’ are trademarks of Apple Inc.
- When accessing the App you acknowledge and agree that:
- You shall, at all times:
- comply with all applicable laws, regulations, directives and legislation in your Use of the Service;
- ensure your use of the Service does not contravene or breach any contract or other binding obligations with your employers, agents and/or any other third parties (including any confidentiality obligations);
- comply with any guidelines provided or reasonable instructions issued by us from time to time in respect of your Use of the Service;
- not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the App;
- not use the Service and/or any knowledge, information, know-how and/or expertise derived from using the Service to commit any criminal act.
- not use the Service and/or not do anything that shall or be reasonably deemed to infringe any Intellectual Property Rights or other rights of any third parties;
- ensure your mobile device:
(i) complies with the minimum specifications required for your mobile device to install and use all features of the App, as specified by us on our website; and
(ii) contains adequate anti-virus protection;
and you acknowledge that we will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your mobile device due to your Use of the App.
- You are responsible for your use of the App and for any consequences thereof.
- You shall, at all times:
- App Intellectual Property
- Other than in relation to any links to third party websites, we own or have a licence to use all right, title and interest in and to the App and the Website, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey title to or ownership of the Website, App or the content contained therein to you. All rights in and to the App, Website or other Service content not expressly granted to you are reserved by us.
- You are expressly prohibited from removing, modifying, altering or using any registered or unregistered marks/logos owned by us, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the intellectual property rights owned and/or licensed to us, without first obtaining our written permission.
- Term and Termination
- These Terms will remain in full force and effect from the time you register with the Service (whether through the App or the Website) through until termination in accordance with this clause 7.
- You may elect to terminate your Contract with us by deleting your SMART SAA App
- We may, at any time and for any reason, suspend or terminate your access to the Website or App, whether wholly or partly, at any time without notice to you. In particular we may suspend or terminate your access to the Website or App if any of the following events occur:
- the third party services and network providers cease to make the third party service or network available to us or provision of the Services is no longer commercially viable;
- we are undertaking repairs, planned maintenance or upgrades to the App or Website;
- we believe that you or someone using your login details has failed to comply with one or more of these Terms;
- we believe that there has been fraudulent use, misuse or abuse of features or functionalities of the App or Website (in whole or in part);
- we believe that you have provided us with any false, inaccurate or misleading information; or
- we believe that you are not acting in a personal capacity.
- On termination of your Contract in accordance with this clause 7:
- you will no longer be entitled to access the App or website or receive the Services; and
- we may remove all information available on you to the extent that we are not bound by any existing law and legislation to retain such information.
- 2, 4, 6, 7.4, 7.5, 8, 9, 10 and 11 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against you and us.
- Any content, information or material provided to you as part of the App is provided on an ‘as is’ basis for your convenience only. Such content, information and material does not constitute advice or a recommendation and therefore it should not be solely relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
- You acknowledge and agree that the primary function of App is to connect you with the answers you need to check on your sexual health. The Sexual Advice Association will use reasonable efforts to include accurate and up-to-date information on the App and Website. This information cannot provide (and is not intended to provide) comprehensive coverage of the relevant issues. Sexual Advice Association makes no warranties or representations as to the accuracy of the information provided and expressly disclaims any obligation to update said information.
- The medical advice provided is as accurate and comprehensive as possible but is only general advice and should not be used as a substitute for advice received on consulting a Health Professional. The information provided may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context and if you do use the information in another context we will not be liable for any loss or damage which arises as a result.
- You should ensure that any actions or decisions made by you after viewing the information we provide are made taking into account other factors (apart from the information we provide) of which you and your medical advisers should be aware and you should ensure that you have consulted such professionals.
- All users agree that they access and use this Website at their own risk. Any views expressed by third parties on the site are not necessarily shared by The Sexual Advice Association which accepts no responsibility for such views.
- The Sexual Advice Association has not reviewed all of the sites that may be linked to this App and Website and makes no warranties or representations as to the accuracy and/or any other aspect of the information contained in any off-site pages or any other site linked to this App and Website. All users agree that the linking is at their own risk.
- The information from this App and Website is provided by the Sexual Advice Association and is designed to comply with laws and regulations of England and Wales. Although accessible by users from other countries, it and its content are intended for access and use by residents of the United Kingdom only.
- You acknowledge and agree that we are not liable for any loss or damage suffered by you in the course of using the Service due to any act or omission.
- Links to third party websites and companies may appear on the App or Website. We accept no responsibility for the availability, suitability, reliability or content of such third party websites and do not necessarily endorse the views expressed within them.
- Use of the App is provided to you for your domestic and private use only. You agree not to use the App for any professional, commercial or business purposes.
- Subject to clause 9.5, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the App.
- Specifically, we shall not be responsible for any:
- losses, damages, costs and expenses which were not reasonably foreseeable to be incurred by you and could not have been reasonably foreseeable by you or us on entering these Terms (loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you enter into these terms, both we and you knew it might happen); or
- loss of profits, lost data, employment or income, loss of an anticipated outcome or anticipated improvement whether caused by our negligence, the negligence of our employees or agents or otherwise .
- Subject to clause 9.5, our maximum aggregate liability under, arising from or in connection with these Terms, whether arising in contract, tort (including negligence) or otherwise shall not exceed the greater of the fees you have paid us to access the Service or £100.
- We accept and do not limit our liability to you for the following categories:
- death or personal injury;
- our negligent misrepresentation, fraud or fraudulent misrepresentation
- your statutory rights pursuant to the Consumer Rights Act 2015 which cannot be excluded or limited.
- Website Funding and Advertisement
- Currently our website (www.sexualadviceassociation.co.uk) is funded by charitable donations made to the Sexual Advice Association (Registration number 1104691). The funding is charitable only. All donations support our charity’s resources which extends our mission to help people, and partners of people, with all forms of sexual problems.
- Our website (www.sexualadviceassociation.co.uk) does not host any form of advertisement.
- You may print and keep a copy of these Terms, which form the entire agreement between you and us and supersede any other communications with respect to the App and the Service.
- We may update or revise these Terms from time to time. If the change is material, we will notify you of any such updates and revisions through a message displayed on the App or Website. By continuing to use the App or Website after such alteration, you will be deemed to have accepted any amendment to these Terms. If you do not agree with the changes to these Terms, you may terminate your contract with us in accordance with clause 7.
- You shall comply with all laws and regulations which apply to your use of the App or Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
- If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law.
- Any failure by you or us to enforce at any time any term or condition under these Terms will not be considered a waiver of any right thereafter to enforce each and every term and condition of these Terms.
- Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
- Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against us and such third parties shall not be entitled to enforce any term of these Terms against us.
- These Terms, its subject matter and formation are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland we or you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, we or you may also bring proceedings in Scotland.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following information from you:
- Information that you provide by filling in forms on any SMART SAA mobile application (each, an “App”) or our site www.SexualAdviceAssociation.co.uk (Website). This includes information provided at the time of registering to use our Website or App, subscribing to our service, posting material or requesting further information or services.
- If you contact us, we may keep a record of that correspondence. This includes if we ask you for information when you report a problem with our Website or App.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through the App or Website.
- Anonymous medical information provided by you through the App in order to access the information and services we provide.
Details of your visits to our Website, App and third parties including, but not limited to, traffic data, location data, weblogs and other communication data, and the resources that you access.
RETENTION OF YOUR PERSONAL DATA
We take appropriate measures to ensure that any personal data are kept secure and are kept for the duration of your use of our service. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data when transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
If your personal details change you may update them by accessing the relevant page of the App or Website. If you have any questions about how we use data collected which relates to you, please contact us by sending a request by email to the contact details below.
USES MADE OF YOUR INFORMATION
We use information held about you in the following ways:
- To ensure that content from our site is presented in the most effective manner for you and for your computer or mobile device.
- To provide you with information, products or services that you request from us.
- To carry out our obligations arising from any contracts entered into between you, us and any related third parties.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service
We may also take steps to remove personally identifiable information from the data you provide us, and we may then analyse the data you have provided with other data we hold for the purposes of medical, social or academic research.
We will not disclose your data to third parties for marketing purposes.
If you do not want us to use your data in this wayplease tick the relevant box situated on your settings page within App.
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006 (where applicable).
We may disclose your personal information to third parties:
- in the event that we merge our organisaiton or its assets with another organisation (for example if we were to merge with another charity with similar objects), in which case we may disclose your personal data to the prospective merger partner (but we will take steps to ensure that your rights are protected); or
- if our organization or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers may be one of the transferred assets (but we will take steps to ensure that your rights are protected); or
- if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Website Terms and Conditions and other agreements; or
- to protect the rights, property, or safety of Sexual Advice Association, the Apps, the Website, our other Members and any third party we interact with the to provide the website.
IP ADDRESSES AND COOKIES
The cookies we use are “analytical” cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our website works, for example by ensuring that users are finding what they are looking for easily.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking/ticking certain tick boxes within the records we hold on file accessed via your Settings page within the App. You can also exercise the right at any time by contacting us using our contact details set out below.
ACCESS TO INFORMATION
The Data Protection Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Data Protection Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.