PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE OR USING THE ADMINISTRATION SYSTEM.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and International Christian Maritime Association (Licensor, us or we) for the chaplains support application and the data supplied with the software (App) and administration system (Admin).
We license use of the App and Admin to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site, located at https://play.google.com/store/apps/details?id=org.sailors_society.app&hl=enhttps://play.google.com/store/apps/details?id=org.sailors_society.app&hl=en (Appstore), https://itunes.apple.com/us/genre/ios/id36?mt=8 downloaded the App (Appstore Rules). We do not sell the App to you. The App and Admin is owned by the Sailors' Society, and We distribute it under licence from the Sailors' Society.
OPERATING SYSTEM REQUIREMENTS: THIS APP REQUIRES INTERNET ACCESS, A TYPE OF ANDROID DEVICE (VERSION 5.0 OR LATER) WITH A MINIMUM OF 2.4M MEMORY OR AN APPLE DEVICE RUNNING IOS 8.0 OR GREATER. THE ADMIN SYSTEM REQUIRES AN INTERNET CONNECTION AND AN INTERNET BROWSER SUCH AS GOOGLE CHROME, SAFARI, OPERA OR FIREFOX.
- By downloading the app from this website or clicking on the "accept" button below you agree to the terms of the licence which will bind you.
- If you do not agree to the terms of this licence, we will not license the app to you and you must stop the downloading process now by clicking on the "cancel" button below. in this case the downloading process will terminate.
You should print a copy of this EULA for future reference.
- The terms of this EULA apply to the App and Admin or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA
- 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 on-screen and you may be required to read and accept them to continue your use of the Services.
- From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
- You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
- By submitting personal information via the App or Admin, you acknowledge that we will be processing this personal data as a data controller. We agree to manage this personal data in accordance with the requirements of the Data Protection Act 1998, and will take reasonable steps to prevent accidental or unlawful processing of personal data, and prevent loss, damage, corruption or deletion of that personal data. We will ensure that personnel access Your personal data are appropriately trained and aware of their responsibilities when handling personal data. You understand that the nature of the App and Admin means that information will be accessible around the world in jurisdictions that may not offer the same level of protection as existing in the UK and Europe.
- By using the App or Admin or any of the Services, you consent to us collecting and using technical information about the mobile phone or devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you. 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 or any Service may be read or intercepted by others.
- Certain Services, will make use of location data sent from your mobile device. You can turn off this functionality at any time by turning off the location services settings for the App on your mobile device. If you use these 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 and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings via the “Settings” functionality of your device.
- The App or Admin or any Service may 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). You will need to make your own independent judgement regarding your interaction with any Third-party Sites.
- 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.
Grant and Scope of Licence
- You may download or stream a copy of the App onto Android 5.0 mobile devices (and later versions) or IOS 8.0 compatible iPhones and to view, use and display the App for your personal purposes only.
Except as expressly set out in this EULA or as permitted by any local law, you agree:
- not to copy the App 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;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Admin;
- not to make alterations to, or modifications of, the whole or any part of the App or Admin, or permit the App or Admin or any part of it to be combined with, or become incorporated in, any other programs;
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or Admin 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 or Admin with another software program, and provided that the information obtained by you during such activities:
- is used only for the purpose of achieving inter-operability of the App with another software program;
- is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- is not used to create any software that is substantially similar to the App;
- to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
- to include our copyright notice on all entire and partial copies you make of the App on any medium;
- 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
- 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.
- together Licence Restrictions.
Acceptable use restrictions
- not use the App or Admin or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by this EULA);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- not use the App or Admin or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
- together Acceptable Use Restrictions.
Intellectual Property Rights
- You acknowledge that all intellectual property rights in the App and Admin and the Technology 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 Technology other than the right to use each of them in accordance with the terms of this EULA.
- You acknowledge that you have no right to have access to the App or Admin in source-code form.
- We warrant that the App or Admin will perform correctly in accordance with the description of the App or Admin available from our website (Specification) listed when properly used and on an operating system for which it was designed for a period of 30 days from the date on which the App is downloaded or streamed to the Devices (Warranty Period).
- If within the Warranty Period you notify us in writing of any defect or fault in the App or Admin as a result of which it fails to perform correctly, we will enable you to download a further copy.
The warranty does not apply:
- if the defect or fault in the App or Admin or any Service results from you having altered or modified the App;
- if the defect or fault in the App results from you having used the App in breach of the terms of this EULA; and
- if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
- This warranty is in addition to your legal rights in relation to software that is faulty or not as described.
Limitation of Liability
- You acknowledge that the App or Admin 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 as described in the Specification meet your requirements.
- Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the sum of £1. This does not apply to the types of loss set out in condition 7.3.
Nothing in this EULA shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation; and
- any other liability that cannot be excluded or limited by English law.
We may terminate this EULA immediately by written notice to you:
- if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and
- if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
On termination for any reason:
- all rights granted to you under this EULA shall cease;
- you must immediately cease all activities authorised by this EULA, including your use of any Services;
- 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 and certify to us that you have done so; and
- we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services.
Communication between us
- If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to International Christian Maritime Association, at The Mission to Seafarers, St Michael Paternoster Royal, College Hill, London EC4R 2RL firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail.
Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
- If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Other important terms
- We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
- You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
- If we fail to insist that you perform any of your obligations under this EULA, 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.
- Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
This agreement has been entered into on the date you download the App and/or used the Admin.