Terms & Conditions: Affiliate – the CWU app
BACKGROUND:
These Terms and Conditions, together with all the information referred to herein, set out the terms of use under which you may use Affiliate – The CWU App (our “webapp”). Please read these Terms and Conditions carefully and ensure that you understand them. You will be required to read and accept these Terms and Conditions when signing up for an Account (defined in clause 1). If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to use our webapp.
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required to access and use our webapp, as detailed in Clause 4;
“User” means a user of our webapp;
“Content” means all text, links, photos, images, videos, graphics and any other form of information related to the User’s case created and/or uploaded by Users in or to our webapp;
“Services” may contain the User Content including content created with or submitted to the webapp by you or through your Account (“Your Content”);
“We/Us/Our” means The Communication Workers Union (CWU) a Trade Union whose head office is at 150 The Broadway, Wimbledon, SW19 1RX.
2. Information About Us
2.1 Affiliate – The CWU App is owned and operated by the CWU.
3. Our Web App
3.1 Our webapp is provided as a communications platform that allows us to provide information and newsfeed content (amongst other information) to Users who visit the webapp. It also allows CWU members to tailor newsfeeds and access their personal details.
3.2 It is the User’s responsibility to make any and all arrangements necessary in order to access our webapp.
3.3 We will aim to ensure that our webapp is available at all times. There could be limited occasions where the app goes down from time to time for maintenance, however, we will endeavour to keep the interruption to service to a minimum.
4. Additional Content and verification
4.1 Members of the CWU can access additional content following further verification via the webapp. In order to access this further content then the User must be a member of the CWU.
4.2 When undergoing the verification process, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
5. Intellectual Proprietary Rights and Prohibited Uses
5.1 You (the User) acknowledge that we retain all proprietary rights, title and interest in the Services we provide to you via our webapp, our name, logo or other marks (together referred to as the CWU marks) and other intellectual property rights including without limitation all modifications, enhancements and upgrades thereto;
5.2 We therefore grant you the non-exclusive right to use our webapp as an extension of the services we provide to you subject to these terms and conditions.
5.3 You agree that you will not use or register any trademark, service mark, business name, domain name or social media account name which incorporates in whole or in part the CWU webapp or is similar to any of these.
5.4 All other Content included in our webapp (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.5 By accepting these Terms and Conditions and by linking to CWU webapp you hereby undertake:
5.5.1 To do so in a fair and legal manner;
5.5.2 Not to copy, download or otherwise attempt to acquire any part of our webapp;
5.5.3 Not to do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
5.5.4 Not to use any of Our logos or trademarks (or any others displayed on our webapp) without Our express written permission;
5.5.5 Not to disassemble, decompile or otherwise reverse engineer our webapp;
5.5.6 Not to allow or facilitate any use of our webapp that would constitute a breach of these Terms and Conditions or a violation of applicable laws or regulations;
5.5.7 Not to embed or otherwise distribute our webapp on any website, ftp server or similar;
5.5.8 Not to do so in a way that is calculated to damage Our reputation or to take unfair advantage of it; and
5.5.9 Not to copy, distribute, publicly perform, publicly display, reproduce or create derivative works based upon, another User’s User Content without first obtaining the express consent of the User to whom the User Content in question belongs.
5.6 You may not upload to our webapp, nor link to our webapp from any other website the content of which contains material that:
5.6.1 Is sexually explicit;
5.6.2 Is obscene, deliberately offensive, hateful or otherwise inflammatory;
5.6.3 Promotes violence;
5.6.4 Promotes or assists in any form of unlawful activity;
5.6.5 Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
5.6.6 Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
5.6.7 Is calculated or is otherwise likely to deceive another person;
5.6.8 Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;
5.6.9 Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
5.6.10 Implies any form of affiliation with Us where none exists;
5.6.11 Infringes, or assists in the infringement of the intellectual property rights (including, but not limited to, copyright, trademarks, patents and database rights) of any other party; or
5.6.12 Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
5.6.13 Please note that the content criteria described above apply only to content over which the owner of the website in question has direct control. You will not, therefore, be in breach of these Terms and Conditions if, for example, other users of a website on which you establish a link to our webapp post content such as comments that violate the above criteria.
6. Links to Other Content
We may provide links to other content such as websites, web apps and downloadable apps. Unless expressly stated, this content is not under our control. We neither assume nor accept responsibility or liability for such third party content. The provision of a link by Us is for reference only and does not imply any endorsement of the linked content or of those in control of it.
7. Your Content
7.1 By submitting Your Content to the Services, you represent and warrant that you have all the rights and authority necessary to your Content within these terms and conditions. When your Content is created with or submitted to the Services, you grant us irrevocable, non-exclusive, fully transferable, royalty-free license to use, copy, modify, adapt, store, archive, syndicate, publish, transmit, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your Content for the purposes of operating our webapp.
7.2 All content uploaded on the App as well as messages sent/received can be viewed by all Users having access to their membership.
7.3 You agree that you will be solely responsible for any and all User Content that you create or upload using CWU webapp. Specifically, you agree, represent and warrant that you have the right to create or upload the User Content and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 8.
7.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 7.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
7.5 If you wish to remove User Content, you may do so by deleting the content within the webapp itself. However, all files/messages uploaded/sent are transferred and stored onto our internal database and deleting them on the App will not remove them altogether from the case management system. You acknowledge, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
7.6 Although We have no obligation to screen, edit or monitor Your Content, we may in our sole discretion delete or remove Your Content at any time and for any reason including for a violation of these Terms and Our Acceptable Usage Policy or if you otherwise create liability for us.
8. Acceptable Usage Policy
8.1 You may only use our webapp in a manner that is lawful and that complies with the provisions of this Clause. Specifically:
8.1.1 You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
8.1.2 You must not use our webapp in any way, or for any purpose, that is unlawful or fraudulent;
8.1.3 You must not use our webapp to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
8.1.4 You must not use our webapp in any way, or for any purpose, that is intended to harm any person or persons in any way.
8.1.5 We reserve the right to suspend or terminate your Account and/or your access to our webapp if you materially breach the provisions of this Clause or any of the other provisions of these terms and conditions. Specifically, We may take one or more of the following actions:
8.1.5.1 Suspend, whether temporarily or permanently, your Account and/or your right to access our webapp;
8.1.5.2 Remove any of your User Content which violates this Acceptable Usage Policy;
8.1.5.3 Issue you with a written warning;
8.1.5.4 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
8.1.5.5 Take further legal action against you as appropriate;
8.1.5.6 Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
8.1.5.7 Any other actions which We deem reasonably appropriate (and lawful).
8.2 We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.
9. Disclaimers
9.1 Subject to any legal rights you may have as a consumer, insofar as is permitted by law, We make no representation, warranty, or guarantee that our webapp will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
9.2 We make reasonable efforts to ensure that the Content contained within our webapp is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that our webapp (and the Content therein) is complete, accurate or up-to-date.
9.3 If you are a consumer, and as a result of our failure to exercise reasonable care and skill, any digital content of which our webapp is comprised (that is not User Content) damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
9.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created using our webapp. Any such opinions, views, or values are those of the relevant User, and do not reflect our opinions, views, or values in any way.
10. Our Liability
10.1 We will be liable to you for any foreseeable loss or damage that is caused by Us as a result of Our breach of these Terms and Conditions or Our failure to exercise reasonable care and skill.
10.2 To the fullest extent permissible by law, We accept no liability to consumers or for loss or damage that is not foreseeable.
10.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our webapp or any Content (including User Content) included in our webapp.
10.4 We exercise all reasonable skill and care to ensure that our webapp is free from viruses and other malware. Subject to Clause 11, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our webapp (including the downloading of any Content (including User Content) from it) or from any other website We may provide a link to.
10.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our webapp resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
10.6 Nothing in these Terms and Conditions excludes or restricts our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
11. Viruses, Malware and Security
11.1 We exercise all reasonable skill and care to ensure that CWU webapp is secure and free from viruses and other malware (including, but not limited to, the scanning of any and all User Content for viruses and malware as it is uploaded). We do not, however, guarantee that Our Web App is secure or free from viruses or other malware and accept no liability in respect of the same.
11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our webapp.
11.4 You must not attempt to gain unauthorised access to any part of our webapp, the server on which our webapp is stored, or any other server, computer, or database connected to our webapp.
11.5 You must not attack our webapp by means of a denial of service attack, a distributed denial of service attack, or by any other means.
11.6 By breaching the provisions of sub-Clauses 11.3 to 11.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use our webapp will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.
12. Privacy and Cookies
The Use of CWU webapp is also governed by Our Privacy and Cookie policies “Policies”.
These policies are incorporated into these Terms and Conditions by this reference.
13. Data Protection
13.1 All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with the provisions of the General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018 and your rights and Our obligations under that Act.
13.2 We may use your personal information to:
13.2.1 Reply to any communications that you send to Us;
13.2.2 Send you important notices, as detailed in Clause 14;
13.2.3 Update you with the current status of your case(s)
13.2.4 We will not pass your personal information on to any third parties except where we are compelled to do so under the circumstances outlined in the Privacy Policy separate to these Terms and Conditions.
14. Communications from Us
14.1 We may from time to time send you important notices by secure message namely notices related to your case status. Other notices may relate to matters including, but not limited to, changes to these Terms and Conditions, changes to our webapp, and changes to your Account which may affect your use thereof and Content. You need to contact us if you do not wish to receive secure messages.
14.2 These terms and conditions are between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
14.3 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
14.4 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
15. Changes to these Terms and Conditions
15.1 We may alter these Terms and Conditions at any time and you will be prompted accordingly with such changes. They will become binding on you upon your first use of our webapp after the changes have been implemented. You are therefore advised to check Terms and Conditions from time to time.
15.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
16. Contacting Us
To contact Us, please email Us at apps@cwu.org or by using any of the methods provided on our contact page at www.cwu.org.uk.
17. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Us shall be governed by and construed in accordance with the laws of England & Wales. Therefore any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of England & Wales.