USER TERMS OF USE

Last updated on 3 Apr 2024.

Welcome to Joyned! Joyned is a platform developed by CommLoop Ltd to enable people within a community to stay connected To make it easier for you to understand the terms on which we provide our services, we' ve tried to keep these terms of use (Terms) as simple as possible by using plain English.

When we talk about "CommLoop", "we", "us" or "our" in these Terms we are referring to CommLoop Ltd, a company registered in England and Wales under company number 12631707, with registered office at: Unit 1, Ground Floor, Riverside Business Centre, Shoreham-By-Sea, West Sussex, BN43 6RE, United Kingdom.

When we talk about the "Services" in these Terms, we are referring to our website, our mobile application available on the Apple iOS Store and the Google Play Store, and any associated services we offer.

In these Terms:

  • references to the ' App Store' means Apple' s App Store and we refer to their rules and policies contained in the Apple Media Services Terms and Conditions as the ' Apple Store Rules' .
  • references to ' Google Play' means the Services distribution platform operated by Google and known as Google Play, and we refer to Google' s terms of service (and other applicable terms) collectively as ' Google' s Rules' .
  • in clauses where we use the phrase "Apple Store Rules or Google' s Rules (as applicable)", we intend for the Apple Store Rules to apply to users who have obtained the Services via the Apple Services Store, and for Google' s Rules to apply to users who have obtained the Services via the Google Play distribution platform.

1 INTRODUCTION

These Terms set out the terms and conditions that apply when you use the Services.

  1. Our Services are available to, and may only be used by, persons who are able to form legally binding contracts under applicable laws. If you do not qualify, please do not use our Services. You must be at least 13 years old, or the minimum age of digital consent in your country, to use the Services. However, if you are under the age of 18 we require parental/guardian consent.
  2. By downloading or using the Services, or otherwise engaging with the content on the Services, you represent and warrant that you:
    1. are at least 18 years old, have the legal capacity to enter into a binding legal agreement with us and you agree to be bound by these Terms; or
    2. are the parent or legal guardian of a person under the age of 18 but older than 13, or the minimum age of digital consent in your country, who intends to use the Services, and you agree to be bound by these Terms on that person' s behalf.
  3. Please have a careful read through these Terms together with our Privacy Policy, available at my.joynedapp.com/legal/privacy/ before using the Services. Only download the Services if you have read these Terms and agree to them. If you don' t agree to these Terms, we will not allow you to use the Services and you should not download it.
  4. We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the Services after we modify our Terms, you' ll be taken to have agreed to the Terms as modified; and you' ll be taken to have affirmed each of your previous agreements to the Terms (in the forms the Terms took at the time of those previous agreements). If you do not accept a change to the Terms, you must stop accessing or using the Services immediately.

2 THE RELATIONSHIP BETWEEN US, YOU AND THE CUSTOMER

  1. You are a *' User' * of a Community Space controlled by a *' Customer' *. A Customer is an organisation or third party that has set up a Community Space.
  2. The Customer has separately agreed to our Customer Subscription Agreement (the Agreement) that permitted the Customer to create and configure a workspace so that you and others could join. Everyone granted access to the Services, including you is a User.
  3. When a User (including you) submits particular information to the Services, including messages or files (Customer Data), you acknowledge and agree that the Customer Data is owned by the Customer and the Agreement provides the Customer with many choices and control over the Customer Data.
  4. As between us and the Customer, you agree that it is solely the Customer' s responsibility to:
    1. inform you and any Users of any relevant Customer policies and practices that may impact the processing of Customer Data;
    2. obtain any rights, permissions or consent from you and any Users that are necessary for the lawful use of Customer Data and the operation of the Services;
    3. ensure that the transfer and processing of Customer Data under the Agreement is lawful; and
    4. respond to and resolve any dispute with you and any User relating to or based on Customer Data, the Services or the Customer' s failure to fulfil these obligations.
  5. CommLoop makes no representations or warranties of any kind, whether express or implied, to you relating to the Services, which are provided to you on an ' as is' and ' as available' basis.

3 THESE TERMS

  1. These terms are an agreement is made between you and us and:
    1. Apple is not a party to this agreement and has no responsibility for the Services or its content; and
    2. Google is not a party to this agreement and has no liability under it.
  2. We license you to download and use the Services:
    1. For iOS users, onto any Apple-branded product, and to use it once you have downloaded it, provided you follow all of the rules described in this agreement and the App Store Rules
    2. For Google Play Store users, to use the Services provided you follow all of the rules described in this agreement and also Google' s rules.
  3. The licence:
    1. starts when you download the Services; and
    2. covers content, materials, or services accessible from, or bought in, the Services including all of our support resources. It also covers updates to the Services unless they come with separate terms, in which case we will give you an opportunity to review and accept
  4. You must comply with the Apple Store Rules and Google' s Rules (as applicable) as well as these terms but, if there is any conflict between them, you should follow the Apple Store Rules or Google' s Rules rather than the equivalent rule here.
  5. You do not own the Services or any of its contents but you may use it on devices that you own or control, as permitted by these terms and by the Apple Store Rules or Google' s Rules (as applicable).
  6. If you sell or give away the device on which you have downloaded the Services, you must first remove the Services from the device.
  7. You are not allowed to:
    1. modify the Services' code in any way, including inserting new code, either directly or through the use of another Services or piece of software;
    2. deliberately attempt to avoid or manipulate any security features included in the Services; or
    3. pretend that the Services is your own or make it available for others to download or use (including by way of copying the code of the Services and creating an independent version).

4 ACCOUNT REGISTRATION

  1. In order to use some of the functionalities of the Services, you will be required to sign up for an account (Account).
  2. When you register for an Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
  3. You agree that you're solely responsible for:
    1. maintaining the confidentiality and security of your Account information and your password; and
    2. any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.
  4. You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.
  5. We won't be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.

5 ACCEPTABLE USE

We'll need you to make a few promises about the way you'll use the Services.

You agree:

  1. not to copy, reproduce, translate, adapt, vary or modify the Services without our express consent;
  2. not to use the Services in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  3. not to use the Services for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
  4. not to attempt to breach the security of the Services or CommLoop's system security, or otherwise interfere with the normal function of the Services, including by:
    1. gaining unauthorised access to Accounts or data about other users of the Services;
    2. scanning, probing or testing the Services for security vulnerabilities;
    3. overload, flood, mailbomb, crash or submit a virus to the Services or CommLoop's system; or
    4. instigate or participate in a denial-of-service attack against the Services or CommLoop's system; and
    5. to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the Services comply with the Terms.
  5. You represent and warrant that:
    1. you will share Customer Data only with intended recipients;
    2. you are authorised to provide the Customer Data;
    3. the Customer Data does not contain sensitive or commercial secrets;
    4. the Customer Data is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
    5. the Customer Data does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
    6. our use of Customer Data will not infringe any third-party Intellectual Property Rights;
    7. any information given to you through the Platform by us another User is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information;
    8. the Customer Data does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system;
    9. the Customer Data does not breach or infringe any applicable laws; and
    10. you indemnify us from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of such infringement or in connection with any third party claim that Customer Data infringes any third party's Intellectual Property Rights.

6 YOUR CONTENT

6.1 TYPES OF CONTENT

As part of using the Services, you'll be uploading images, content, information and materials you share with us or the public (including feedback, suggestions and enhancement requests), including by using the features of the app, sharing content via the app on social media or by contacting us, or when you register an Account (Posted Materials).

6.2 POSTED MATERIALS

By providing or posting any Posted Materials, you represent and warrant that:

  1. you are authorised to provide the Posted Materials;
  2. the Posted Materials are free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;
  3. the Posted Materials are not "passing off" of any product or service and does not constitute unfair competition;
  4. the Posted Materials do not infringe any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement ( Intellectual Property Rights );
  5. the Posted Materials are accurate and true at the time they are provided;
  6. any Posted Materials which are in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
  7. the Posted Materials do not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and
  8. the Posted Materials do not breach or infringe any applicable laws, regulations or orders.

6.3 POSTED MATERIALS – IP LICENCE

By uploading any Posted Materials, you grant to CommLoop (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material in order for CommLoop to use, exploit or otherwise enjoy the benefit of such Posted Material.

6.4 REMOVAL OF POSTED MATERIALS

We don't have any obligations to screen Posted Materials in advance of them being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Posted Materials at any time without giving any explanation or justification for removing the material and/or information.

7 OUR CONTENT

  1. Unless we indicate otherwise, all materials used in the Services (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us.
  2. You can only access and use these materials for the sole purpose of enabling you to use the Services in accordance with the plan you are on, except to the extent permitted by law or where you have received prior written approval from us.

8 SUPPORT AND CONTACT

  1. We are responsible for customer service in relation to the Services and can help you if you are having any issues.
  2. For iOS user, you acknowledge that Apple has no obligation whatsoever to provide any support or maintenance services in relation to the Services.
  3. For Google users, you acknowledge that Google has no obligation to provide any support or maintenance services in relation to the Services.
  4. If you need to get in touch with us, please contact us via the support site, located at https://my.joynedapp.com/support/.
  5. If we need to get in touch with you, we will do so by email or an in-Services notification

9 PRIVACY AND YOUR PERSONAL INFORMATION

Protecting your personal information is important to us. Our Privacy Policy, which is available at my.joynedapp.com/legal/privacy/, explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint.

10 COLLECTION OF TECHNICAL INFORMATION

We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the Services. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.

11 LOCATION DATA

  1. The Services makes use of functionalities on your device that can pinpoint your location. We do this in order to allow a Users to use the "find organsations near me" functionality.
  2. All location data is processed pursuant to our Privacy Policy (see above clause 9: 'Privacy and your personal information').

12 OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS

  1. The intellectual property rights in the Services and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Services (the 'Content') are owned by us and our licensors.
  2. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, patents, trademarks, service marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners or licensors of them and are free to use them as we see fit.
  3. Nothing in these terms grant you any legal rights in the Services or the Content other than as necessary for you to access it and use it. You agree not to adjust, try to circumvent or delete any notices contained in the Services or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.

13 UPDATES TO THE SERVICES

  1. We may, at our absolute discretion, update the Services from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that, we will ensure that the Services still meets the description of it that was provided to you at the time you downloaded the Services.
  2. Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the Services store.
  3. We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the Services may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the Services updated to the latest version that we make available.

14 CHANGES TO THESE TERMS

  1. We may need to revise these terms from time to time to reflect changes in the Services' functionality, to deal with a security threat or if there is a change in the law or guidance.
  2. You will be asked to agree to any material changes in advance by an in-Services notification, usually when you download an update. If you do not accept the changes, you will not be able to use the Services.

15 EXTERNAL SERVICES

  1. The Services may enable you to access services and websites that we do not own or operate (referred to below as 'external services').
  2. We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.
  3. You must not use external services in any way that:
    1. is inconsistent with these terms or with the terms of the external service; or
    2. infringes our intellectual property rights, or the intellectual property rights of any third party.
  4. From time to time, we may change or remove the external services that are made available through the Services.

16 LIABILITY

  1. Nothing in these Terms shall exclude or limit CommLoop's liability for death or personal injury caused by our negligence or willful misconduct, liability for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under the laws of England and Wales.
  2. Subject to clause 16(a), CommLoop shall bear no liability of any kind whatsoever for (but not limited to) any direct or indirect/consequential, foreseeable or unforeseeable, losses, costs, damages, fees, expenses, any inaccuracy or misleading information, any loss of profit, revenue, suffered by you or any third-party, relating to, in connection with, or arising from, these Terms, the Services and/or CommLoop's products and services.
  3. In any case, subject to clause 16(a) and to the extent permitted under applicable law, CommLoop's total aggregate liability arising from or in connection with these Terms or the Services (whether the liability arises because of breach of contract, tort or for any other reason) shall be limited to no more than one hundred pounds sterling (£100).
  4. You agree to indemnify CommLoop and its employees, contractors and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with:
    1. any negligent acts, omissions or wilful misconduct by you;
    2. your access or use of the Services; and/or
    3. any breach of these Terms by you.
  5. If the Services fails to meet the standards required by law (including that the Services is of satisfactory quality, fit for purpose and as described), please contact Apple who will, in the event that the Services was not made available for free, provide you with a full refund of the price you paid for the Services. Apple has no other responsibility or obligation in relation to the Services beyond providing a refund in the circumstances described in the present clause 16(e).
  6. To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these Terms, including for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.

17 SERVICES LIMITATIONS

The Services is made available to you strictly on an 'as is' basis. We can't guarantee, and make no warranties, to the extent permitted by law, that:

  1. the Services will be free from errors or defects;
  2. the Services will be accessible or available at all times;
  3. messages sent through the Services will be delivered promptly, or delivered at all;
  4. information you receive or supply through the Services will be secure or confidential (other than any personal information which will be dealt with in accordance with our Privacy Policy); or
  5. any information provided through the Services is accurate or true.

18 FAILURES OF NETWORKS OR HARDWARE

The Services relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the Apple Store or Google Play (as applicable), are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the Services due to a poor internet connection, faulty components in your device (such as a faulty GPS signal, failing in the API with any suppliers of our Content or related features), Apple Store failure or failure of Google Play to function properly (as applicable) or anything else that it would not be reasonable to expect us to control.

19 ENDING THESE TERMS

19.1 YOUR RIGHT TO TERMINATE

You may stop using the Services at any time and for any reason. You can delete your Joyned account in the Settings section of the app.

19.2 OUR RIGHT TO TERMINATE

  1. We can end these Terms and our agreement with you for any reason and at our absolute discretion, including but not limited to if you do not comply with any part of them.
  2. We will give you a reasonable amount of notice before the terms and our agreement with you ends but if what you have done is serious then we may end our agreement with you immediately and without advance notice to you. 'Serious' means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the Services or doing anything else that we think presents a big enough risk to justify us ending our agreement with you quickly.
  3. The consequences of our agreement with you ending are as follows:
    1. you are no longer allowed to use the Services and we may remotely limit your access to it;
    2. you must delete it from any devices that it has been installed on;
    3. we may delete or suspend access to any accounts that you hold with us; and
    4. you are not entitled to a refund to the extent you paid for the Services of any of its features.

20 THIRD PARTIES

  1. No one other than us or you has any right to enforce of these terms, except that in the case of iOS users:
    1. Apple and Apple's subsidiary companies are third party beneficiaries of these terms and to this agreement. This means that if you breach any of these terms, Apple has the right to enforce it and to take action against you directly, with or without our involvement.

21 GENERAL

21.1 GOVERNING LAW AND JURISDICTION

  1. The laws of England and Wales apply to this agreement, although if you are resident elsewhere acting in a non-professional capacity, you will retain the benefit of any mandatory protections given to you by the laws of the country in which you live.
  2. Any disputes will be subject to the non-exclusive jurisdiction of the English courts. This means that you can choose whether to bring a claim in the courts of England or in the courts of another part of the UK in which you live.

21.2 ASSIGNMENT

  1. We may transfer our rights under these Terms to another party without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
  2. You are not allowed to transfer your rights under these Terms to anyone without our prior written consent.

21.3 THIRD PARTY RIGHTS

These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms, except that in the case of iOS users, Apple and Apple's subsidiary companies are third party beneficiaries of these Terms. This means that if you breach any of these Terms, Apple has the right to enforce it and to take action against you directly, with or without our involvement.

21.4 SEVERANCE

Any term contained within these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.

21.5 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

21.6 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

21.7 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

21.8 ENTIRE AGREEMENT

These Terms embody the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these Terms.

21.9 interpretation

  1. (singular and plural) words in the singular includes the plural (and vice versa);
  2. (gender) words indicating a gender includes the corresponding words of any other gender;
  3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  4. (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  5. (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
  7. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  8. (includes) the word "includes" and similar words in any form is not a word of limitation; and
  9. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.