Last updated on 14 February 2017
PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP
When you register to use the App, you accept and agree to be bound by the following terms and conditions in relation to the use of the App.
THROUGH THE APP.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST DELETE THE APP FROM YOUR DEVICE.
PLEASE REVIEW PEPTALK'S PRIVACY STATEMENT. THE TERMS OF THE PRIVACY STATEMENT ARE INCORPORATED INTO, AND CONSIDERED A PART OF THIS AGREEMENT.
1.2 We may change these terms at any time by notifying you of a change when you next start the App. The new terms may be displayed or "pop up" on-screen and you may be required to read and accept them to continue your use of the PepTalk Services.
1.3 From time to time updates to the App may be issued through email or through pop-up notifications in the App. Depending on the update, you may not be able to use the PepTalk Services until you have downloaded or installed the latest version of the App and accepted any new terms. We reserve the right to charge a fee or amend fees for the App and any licences granted to such.
1.6 By using the App or any PepTalk Service, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for PepTalk Services that are internet-based or wireless to improve our products and to provide any PepTalk Service to you.
1.7 The App or any PepTalk Service may contain links to other independent third-party websites (the “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 statements (if any). 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.
1.8 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2. Grant and SCOPE
2.2 You may download or install a copy of the App onto any Apple iPhone device (except iPhone 4s) operating iOS version 9.0 or later or any mobile device operating the Android platform version 4.4 or later.
3. licence restrictions
3.1 not to copy the App, any PepTalk Service, or any content except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
3.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App, any PepTalk Service or any content;
3.3 not to make alterations to, or modifications of, the whole or any part of the App and/or any PepTalk Service or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
3.4 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 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:
3.4.1 is used only for the purpose of achieving inter-operability of the App with another software program;
3.4.2 is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
3.4.3 is not used to create any software that is substantially similar to the App;
3.5 to include our copyright notice on all entire and partial copies you make of the App on any medium;
3.6 not to provide or otherwise make available the App in whole or in part (including object and source code) and/or any PepTalk Service in any form to any person without prior written consent from us; and
3.7 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any PepTalk Service (“Technology”),
(together, “Licence Restrictions").
4. acceptable use restrictions
4.3 not transmit any material that is defamatory, offensive, threatening or otherwise objectionable in relation to your use of the App and/or any PepTalk Service;
4.4 not use the App and/or any PepTalk Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users; and
4.5 not collect or harvest any information or data from any PepTalk Service or our systems or attempt to decipher any transmissions to or from the servers running any PepTalk Service.
(together, “Acceptable Use Restrictions”).
5. uploading material to the app
5.1 Whenever you make use of a feature that allows you to upload material such as photographs to the App, you must comply with the Content Standards (see Clause 6 below). You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
5.2 Any material you upload to the App will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the App constitutes a violation of their intellectual property rights, or of their right to privacy.
5.3 Material uploaded to the App by you will remain on the App for such time as we may determine from time to time and will be removed by us at our discretion. We reserve the right to limit and/or reduce the overall number of items posted or uploaded to the App by you as we determine in our sole discretion.
5.4 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the App.
5.5 We have the right to, and you agree that we may, without liability to you, remove any material or posting you make on the App if, in our opinion, such material does not comply with the Content Standards (see Clause 6 below).
6. content standards
6.1 These content standards apply to any and all material which you contribute to the App (the "Contributions"), and to any Interactive Services associated with it (the "Content Standards").
6.2 We do not endorse any opinions expressed or Contributions made by any User of the App and shall have no liability for such opinions expressed or Contributions made.
6.3 You must comply with the spirit of the following standards as well as the letter. The Content Standards apply to each part of any Contribution as well as to its whole.
6.4 Contributions must:
6.4.1 be accurate (where they state facts);
6.4.2 be genuinely held (where they state opinions);
6.4.3 be uploaded to the App only with the consent of any person identified, described or featured within the Contribution; and
6.4.4 comply with applicable law in Ireland and in any country from which they are posted.
6.5 Contributions must not:
6.5.1 contain any material which is defamatory of any person;
6.5.2 contain any material which is obscene, offensive, hateful, threatening or inflammatory;
6.5.3 be uploaded to the App without the consent of any person identified, described or featured within the Contribution;
6.5.4 promote sexually explicit material;
6.5.5 promote violence;
6.5.6 promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
6.5.7 infringe any patent, copyright, database right, trade mark or other intellectual property right of any other person;
6.5.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
6.5.9 promote any illegal activity;
6.5.10 be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
6.5.11 be likely to harass any other person;
6.5.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
6.5.13 give the impression that they emanate from us, if this is not the case; or
6.5.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
7. intellectual property rights
7.2 You acknowledge that you have no right to have access to the App in source-code form.
8. warranty and limitation of liability
8.1 Unless otherwise agreed by us in writing, the material and content displayed on the App or on the PepTalk Services is provided “as is” without any guarantees, conditions or warranties as to its accuracy or other terms of any kind.
8.2 To the fullest extent permitted by applicable law, we, other members of our group of companies, our offers and directors and third parties connected to us hereby exclude:
8.2.1 all conditions, warranties and other terms which may otherwise be implied by statute, common law or the law of equity, including without limitation:
(a) that the App and PepTalk Services are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing;
(b) that the App will meet your requirements, is error-free, without interruption or available at all times;
(c) that the results obtained from using the App, including any PepTalk Services or deals, will be effective reliable accurate or meet your requirements;
(d) warranties as to privacy and security other than as stated in our Privacy Statement;
(e) that you will be able to access or use the App or PepTalk Services at times or locations of your choosing; and
(f) any warranties on the basis of oral or written information given by our representative;
8.2.2 any liability for any direct, indirect, consequential, special, incidental or exemplary loss or damage incurred by you in connection with the App or in connection with the use, or results of the use of the App, any apps linked to it any materials posted on them, including without limitation any liability for:
(a) loss of income or revenue
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings, the use of money or opportunity;
(e) loss of data;
(f) loss of goodwill or reputation;
(g) wasted management, office time or personnel time;
(h) work stoppage, computer failure or malfunction, or
(i) any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
8.4 While we endeavour to ensure that the App is normally available 24 hours a day, we are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of our Services or combination thereof, including any injury or damage to your or to any person's Device related to or resulting from participation in connection with the PepTalk Services. Access to the App may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
8.5 We will use reasonable endeavours to correct any errors or omissions as soon as practicable upon notification of them. However, we do not guarantee that the App or the PepTalk Services will be free of faults and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to:
8.6 We reserve the right at any time to modify or discontinue, temporarily or permanently, the App with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuation of the PepTalk Services.
8.7 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 meet your requirements.
8.8 We only supply the App for private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.9 We will not be liable to any User 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:
8.9.1 use of, or inability to use, the App; or
8.9.2 use of or reliance on any content displayed on the App.
8.10 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
8.11 We assume no responsibility for the content of websites linked on the App and/ or the PepTalk Services. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
8.13.1 death or personal injury resulting from our negligence;
8.13.2 fraud or fraudulent misrepresentation; and
8.13.3 any other liability that cannot be excluded or limited by Irish law.
9.1 You should consider the risks involved and consult with an appropriate medical professional before engaging in any physical activity or relying on any information obtained via the App and/or the PepTalk Services including but not limited to information relating to physical activity, diet, nutrition, food intolerances, mental health and/or wellbeing. PepTalk is not responsible or liable for any injuries or damage you may sustain that result from the use of, or inability to use the features of the App. If you engage in any exercise, dietary or wellbeing programme from the App or the PepTalk Services, you agree that this is done at your own risk and you are voluntarily participating in these activities. You should not rely on any information available through the App and/or any PepTalk Service as a substitute for professional medical advice, diagnosis or treatment. The use of any of the information available through the App is solely at your own risk.
9.2 The PepTalk Services and/or the results of the PepCheck questionnaire or any other questionnaires completed by you on the App shall in no circumstances constitute a medical assessment or a diagnostic tool. You should always consult a healthcare provider before making any dietary or nutritional changes. All information contained in the App and the PepTalk Services, including but not limited to nutrient information, ingredients, food allergens, and information relating to medical and health conditions is for informational purposes only and not provided as medical, nutritional or any other professional advice, diagnosis or treatment. PepTalk is not responsible or liable for inaccuracies or misstatements about products, whether based on manufacturer information, third party information, Users' information, and assessments generated by PepTalk via the App and/or PepTalk Services. You should carefully read all information provided by the manufacturers of the products, whether online or on the actual product packaging and labels, including nutrient content, ingredients, food allergen and contract information, and health claims before using or consuming a product.
9.3 Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of something you have read on the App. If you have or suspect that you have a medical problem, condition or injury, please contact a qualified healthcare professional immediately.
9.4 Although every effort has been made to provide useful and accurate information, PepTalk makes no warranties, express or implied, or representations as to the accuracy of any information provided through the Services in particular the accuracy of the step count details accessible through the App's PepStep feature. PepTalk is not responsible or liable for any loss or damage suffered by any person arising out of the reliance of any information available on or through the App or the PepTalk Services.
10.1.2 if you breach any of the Licence Restrictions, the Acceptable Use Restrictions or the Content Standards.
10.2 On termination for any reason:
10.2.3 you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control.
11. communication between us
11.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by registered post to the address you provide to us in your request for the App.
12. events outside our control
13. other important terms
Please email if you wish to receive a copy of these terms for your records.