Number 2 Donor and Number 2 Management app Terms of Use

Last updated on 4th April 2022

BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THE APP.


WHO WE ARE AND WHAT THIS AGREEMENT DOES

We, EnteroBiotix Limited, with our registered office at 1 West Regent Street, Glasgow, Scotland, G2 1AP (registered number SC559230) (we, us, our) have set out the below terms which cover our relationship with you in relation to your use of:

  • Number 2 Donor and Number 2 Management mobile application software (App) and any updates or supplements to it;

  • the related documentation that we provide (if any) (Documentation); and

  • the service you connect to via the App and the content we provide to you through it (Service),

as permitted in these terms.

These terms apply to you if you use our App and are legally binding. You may want to print them out or save them on your device in case you ever want to come back to them in the future.

HOW THE APP WORKS

The App is an independent online platform made available by us which provides private one-way communication from you, as a donor, to our donation team once you have registered and have been accepted by us as a Number 2 donor.

You will sign-in and use the App using the username and password that we will send to you. Once you have signed in to the App your account will be authorised to submit a donation. On the day of your donation, you will complete a short medical questionnaire regarding your health on that day as well as be required to upload a photograph of that donation. Providing false contact information of any kind to us may result in the suspension or termination of your account.

We will monitor our systems for any evidence of emails sent to you not being delivered but you must notify us if your email address, mobile telephone number or any other information provided to us changes in the future so that we can update our records and maintain the security of our communications to you.

YOUR LOGIN DETAILS

You must not reveal or share your login details with anyone else and keep them safe at all times. You must take reasonable steps to prevent any unauthorised use of your login details including the use of them by anyone else.

If your login details are lost or stolen or you believe that someone else may know your login details, you should change your password and tell us immediately so that we can change or disable your login details, if necessary.

You can change your password at any time.

We may ask you to or we ourselves may change your login details at any time and for any reason, for example security or technical reasons.

YOUR PRIVACY

We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy available at: https://www.enterobiotix.com/privacy-policy (“Privacy Policy”).

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

OPERATING SYSTEM REQUIREMENTS

If you are using an Apple device, this App requires a minimum of 65 MB of available storage and the iOS 10.0 or later operating system.

If you are using an Android device, this App requires a minimum of [65 MB] of available storage and the [Android 5.0] or later operating system.

SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

Support and contacting Us. If you want to learn more about the App or the Service or have any problems using them or if you think the App or the Services are faulty or misdescribed or wish to contact us generally, please email us on support@number2.org.

HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON

In return for your agreeing to comply with these terms you may:

  • download the App(s) onto your personal mobile device and view, use and display the App and the Service on such device for your personal purposes only;

  • use any Documentation to support your permitted use of the App and the Service; and

  • receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE THE APP

You must be 18 or over to accept these terms and use the App.

YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

We are giving you personally the right to use the App and the Service. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must first remove the App from it.

CHANGES TO THESE TERMS

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce or for any other valid reason.

We will notify you of any changes to the App by way of the “What’s New” subsection of the App listing on Google Play Store or Apple App Store respectively.

If you do not accept the notified changes you [may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you.

UPDATE TO THE APP AND CHANGES TO THE SERVICE

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons. We may also withdraw the App or the Services or any part of them at any time and we’ll use commercially reasonable efforts to notify you in such event.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

ACCEPTABLE USE RESTRICTIONS

You must:

  • not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as 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 permitted by these terms);

  • 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 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.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us and the rights in the App and the Services are provided as a service (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

You permit us to use any information, data or other content (Content) you provide to us through the App or that we obtain or receive on your behalf and you agree that we can use, modify, display, distribute and create new material using the Content so that we may provide you with the App (and the Services offered through it) and for any other purposes set out in these terms, including our Privacy Policy. By submitting Content you confirm and agree that the owner of that Content has expressly agreed that, without any particular time limit, and without the payment of any fees, we may use the Content for the purposes set out in these terms and our Privacy Policy.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation limited to the damage caused but would not cover any consequential losses incurred by you. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Services are provided for general communication purposes between you, as donor, and our donation team only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described in the Documentation) meet your requirements.

WE ARE NOT RESPONSIBLE FOR EVENTS OUTSIDE OUR CONTROL. PROVIDED WE HAVE COMPLIED WITH OUR REGULATORY OBLIGATIONS TO HAVE APPROPRIATE SYSTEMS AND CONTROLS IN PLACE TO GUARD AGAINST BREAKDOWNS IN OUR SERVICE, IF OUR PROVISION OF THE SERVICES OR SUPPORT FOR THE APP OR THE SERVICES IS DELAYED BY AN EVENT OUTSIDE OUR CONTROL THEN WE WILL CONTACT YOU AS SOON AS POSSIBLE TO LET YOU KNOW AND WE WILL TAKE STEPS TO MINIMISE THE EFFECT OF THE DELAY. WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

  • you must stop all activities authorised by these terms, including your use of the App and any Services;

  • you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and

Additionally, we may stop you using the App and/or Services immediately if the App and/or Services are at risk or if we suspect there has been unauthorised or fraudulent use.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

NO RIGHTS FOR THIRD PARTIES

This agreement does not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any term of this agreement.

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by Scots law. If there is a dispute under these terms you and we submit to the exclusive jurisdiction of the courts of Scotland to settle it.