BOXT CUSTOMER APP AND WEBSITE – POLICY FOR ACCESS AND USE

PLEASE READ THIS POLICY CAREFULLY BEFORE ACCESSING OR USING OUR APP AND OUR WEBSITE.

WHEN USING OUR APP AND OUR WEBSITE YOU MUST COMPLY WITH THE TERMS OF THIS POLICY.

1. Scope of this Policy 

This policy sets out the rules for using our App and Website (together our Platforms) and applies to all BOXT customers as a condition of access to and use of our Platforms.

2. Who we are 

We are BOXT Limited, a company registered in England under company number 08086606. Our registered address is at 3320 Century Way Thorpe Park, Leeds, West Yorkshire, England, LS15 8ZB.

To contact us, please email [email protected].

3. Your privacy

We will use your personal information in accordance with our Privacy Notice and our Cookies Policy.

4. System requirements and support for the Platforms 

We do not guarantee that our Platforms will be secure or free from bugs or viruses.

You are responsible for configuring your technology to access our Platforms. The App requires a device with a minimum of 75MB of memory and an up-to-date Android or iOS operating system. If your device does not meet these requirements you may not be able to use the App.

We are not obliged to provide you with any support services for the Platforms. Please note that the Platforms are provided to you on an “as is” basis.

5. How you may use the Platforms 

You may:

• access the Website;
• download a copy of the App; and
• receive and use any free update to the App that we may provide from time to time.

When accessing or using the Platforms, you must ensure that all of the information you provide to us is accurate and up-to-date.

When accessing or using the Platforms, you must not:

• use the Platforms for any commercial purpose. The platforms are available for your personal use only;
• transfer your account to someone else;
• copy the Platforms or any part of them except as part of the normal use of the Platforms or where it is necessary for the purpose of a back-up;
• translate, merge, adapt, vary, alter or modify the whole or any part of the App or permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted by this policy;
• disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platforms or attempt to do any such things, except to the extent that such actions are essential for the purpose of achieving inter-operability of the Platform with another software program, or a particular web browser;
• use the Platforms in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this policy, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platforms or any operating system;
• infringe our intellectual property rights or those of any third party in relation to your use of the Platforms;
• share or upload any material that is illegal, deceptive, defamatory, offensive or otherwise objectionable or likely to offend;
• use the Platforms in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, including by uploading images that include embedded viruses or malware; and/or
• collect or harvest any information or data from our systems.

In addition, you shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Platforms. This includes using (or permitting, authorising or attempting the use of):

• Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Platforms or any data, content, information or services accessed via the Platforms;
• Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

6. You must keep your account details safe 

You must only access the Platforms using your pin code and you must keep your login details confidential.

User pin codes protect the App and are your responsibility to keep secure. You should not share your pin code with anyone else. If you know or suspect that anyone other than you knows your pin code, you must notify us immediately.

7. Monitoring and access

Please be aware that your use of the Platforms may be monitored. Your account may be accessed by us where necessary for a lawful purpose.

8. Updates to the Platforms 

From time to time we may update the Platforms to reflect changes to our products, our customers’ needs and our business priorities, and to improve performance, enhance functionality, update the operating system and address security issues. Please note that we may ask or require you to update the App for these reasons. 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.

Although we make reasonable efforts to update the information on our Platforms, we make no representations, warranties or guarantees that the content on our Platforms is accurate, complete or up-to-date.

9. We may suspend or withdraw our Platforms 

We do not guarantee that our Platforms, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platforms for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. We are not responsible for websites we link to.

Where our Platforms contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

10. User-generated content is not approved by us

The Platforms may include information and materials uploaded by other users. This information and these materials have not been verified or approved by us.

11. Intellectual property rights

All intellectual property rights in the Platforms and any material published on our Platforms belongs to us (or our licensors). and the rights in the Software are licensed (not sold) to you. You have no intellectual property rights in, or to, the Platforms or related materials other than the right to use them solely in accordance with this policy.

12. App store terms also apply

The ways in which you can use the App may also be controlled by your app store’s rules and policies. Please see the annex to this policy for further details.

13. Breach of this policy

We may end your rights to use the Platforms at any time if you breach the terms of this policy.

If we end your rights to use the Platforms:

• you must immediately stop using the Platforms;
• you must delete or remove the App from all devices in your possession; and
• we may remove or disable the App functionality from or on your device(s).

If you become aware of a breach of this policy, you should report it to [email protected].

14. Changes to this policy

This policy was last updated in February 2023.   We may change and update this policy from time to time.  Any updates will be published in the App and on our Website.

ANNEX – APP TERMS AND CONDITIONS

Apple users

If you download the App from Apple’s App Store and / or are using the App on an Apple device the following additional terms shall apply and, to the extent that there is any inconsistency between the terms set out in this Annex and the rest of these terms, the terms set out in this Annex shall prevail:

1. 1. Acknowledgement. You and we acknowledge that this policy is concluded between us, and not with Apple, and we, not Apple, are solely responsible for the App and the content thereof. These terms and conditions do not provide for usage rules for licensed applications that are in conflict with the Apple Media Services Terms and Conditions.
   2. Scope of Licence. The licence granted to you for the App is limited to a non-transferable licence to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts which you hold, for example via Family Sharing or volume purchasing.
   3. Maintenance and Support. We are solely responsible for providing any maintenance and support services with respect to the App, as specified in these terms and conditions, or as required under applicable law. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
   4. Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if applicable); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
   5. Product Claims. You and we acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of the HealthKit and HomeKit frameworks.
   6. Intellectual Property Rights. You and we acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
   7. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
   8. Developer Name and Address. BOXT Limited is a company registered in England and Wales with company number 08086606. Our registered address is 3320 Century Way Thorpe Park, Leeds, West Yorkshire, England, LS15 8ZB and any questions, complaints or claims with respect to these terms and conditions may be directed to that address, via email to [email protected].
   9. Third Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the App, and you must not be in violation of your wireless data service agreement when using the App.
   10. Third Party Beneficiary. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms and conditions, and that, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third party beneficiary thereof.

Google users

If you download the App from Google Play, the ways in which you can use the App may also be controlled by Google Play’s rules and policies, including Google Play’s Terms of Service. Google is not a party to this agreement and has no responsibility or liability under it.