Our Platform, including the Big Team Challenge service, is operated by Team Challenge Apps Ltd (also referred to as “we”, “us” or “our”), a company registered in Scotland with company number SC517746 and registered office at Team Challenge Apps Ltd, Unit 12, 69 Dixon Rd, Glasgow, Scotland, G42 8AT.

We provide our client organisations (being limited companies, registered charities, public or local authorities or otherwise) (our “Clients”) with the ability to set up and purchase step and/or exercise challenge initiatives (“Challenges”) for our Clients’ users to participate in. We have separate terms of service with our Clients.

To contact us, please email [email protected].

To access the services on our Platform (including the ability to participate in Challenges), you will need to register an account with us. You must be at least 16 years of age to be eligible for registration. If you are a child between 12 and 15, you are only permitted to use our Platform via an account owned by your parent, or the appropriate person with parental responsibility, with their permission and under their direct supervision. You must not use our Platform if you are under 12 years of age.

At our discretion, we may refuse your application for registration. If your application for registration is accepted, provided you have completed all mandatory information required, you will be given access to the Platform shortly after registering.

Each account is for a single user only. You must not share your username and password with any other person or with other users on a network.

You accept sole responsibility for all use of, and for keeping safe and confidential, any password that may have been given to you or chosen by you for use on the Platform. You will notify us immediately of any unauthorised use of them or any other breach of security of the Platform of which you become aware.

You undertake that all information provided by you for the purposes of registering with us is accurate and complete. If any of your information changes, it is your responsibility to ensure that your account and profile is kept up to date.

We have the right to disable any account or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these T&Cs or there is a threat of harm, illegality or security to or against us, our Platform, or other persons.

You can terminate your account at any time by logging into your account and going into your settings.

We may from time to time change the content or functionality of the Platform, or suspend or discontinue all or any aspect of the Platform, which may include losing your access to it or your ability to continue using it. If we do so, we will not be liable to you for any impact that any change, suspension or discontinuation may have on you.

As well as what is set out in these T&Cs, your use of our Platform, and conduct we expect from all users of our Platform is, governed by our Acceptable Use Policy, annexed to these T&Cs and which we may update from time to time. Please ensure you read the Acceptable Use Policy as it forms part of these T&Cs.

You agree that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use the Platform and that your computer system is compatible with the Platform.

We will use your personal information as set out in our Privacy Policy: https://torbay.bigteamchallenge.com/privacy.

What is User Content?

We define “User Content” as any content you, as a user of our Platform, post or upload onto our Platform (such as your profile picture, step count data, images, logos and messages). This includes any content you upload onto the Chat (see below).

You own your User Content

You (or your licensor(s) where applicable) own any and all intellectual property rights (including copyright and related rights, trade marks, service marks and database rights) in your User Content.

You are responsible for your User Content

You acknowledge that you take full responsibility for User Content that you post or upload onto the Platform, including its accuracy, completeness, correctness and legality. You promise, and represent, to us that:

• you have all necessary rights to your User Content and all necessary permissions to upload, post and/or share your User Content on our Platform;
• your User Content is at all times appropriate and complies with the Acceptable Use Policy; and
• your User Content does not contain any material which does, or could potentially, infringe the intellectual property rights of a third party.

You agree that we are not responsible for, and do not endorse, any User Content. The views expressed by other users do not necessarily represent our views or values.

You are solely responsible for your interactions with other users whether or not using the Platform. Always use your best judgment and take appropriate safety precautions when communicating with other users through the Platform and meeting other users in person through the Platform, such as protecting your personal information.

You will be responsible for any loss or damage we suffer as a result of any breach of the promises and representations made above.

Your licence to us to use your User Content

By posting or uploading User Content onto the Platform, you grant us a licence to use it so we can enable you to use the Platform.

Action we might take against infringing content

Please first escalate the issue to your appropriate contact at the relevant Client (your challenge organiser) if you suspect any User Content uploaded by another user is in breach of these T&Cs or the Acceptable Use Policy, or you believe your rights in respect of any User Content are being, or have been, infringed. You may also contact us (our contact details are in section 1 above) and/or use the ‘Report’ button as is made available on the Platform for this purpose.

We will determine in our discretion whether any User Content has breached these T&Cs (and/or violated the Acceptable Use Policy). Where we believe such a breach has occurred, we may take such action we deem appropriate. Such action may include immediately, temporarily and/or permanently:

• blocking or removing any User Content uploaded by a user; and
• withdrawing a user’s right to use our Platform.

For example, we can take down a user’s profile picture if we believe it infringes another person’s rights. Where appropriate, we may decide to take further legal action and/or disclose all relevant information to law enforcement or authorities as we reasonably feel necessary.

In addition to all of our rights set out above, we reserve the right to take down any User Content that you upload to our Platform at any time without notice and without having to give a reason.

Monitoring

Whilst it is the responsibility of the Client to actively monitor user activity on the Platform and User Content, we reserve the right, without necessary obligation, to monitor, moderate, edit, disable access to or remove use of the Platform or User Content (whether moderated or not) which we deem to be in breach of these T&Cs, including our Acceptable Use Policy.

User chat function

The Platform offers a group chat function (“Chat”) which the Client may choose to enable for its users. Subject to any pre-enabled settings, any messages posted by you will be visible to other members of the Chat who have signed up to the same Challenge as you and/or the relevant Client. You and the relevant Client are responsible for all User Content that you post on the Chat, and we do not actively monitor any User Content posted on the Chat.

You agree that any User Content you post on the Chat are at all times appropriate and comply with these T&Cs, including our Acceptable Use Policy.

All User Content posted on the Chat will be:

• deleted from the Platform 30 days after being posted, unless deleted earlier, under moderation or if required under applicable laws. This is to minimise the amount of time messages are present on the Platform;
• stored on our secure servers and subject to appropriate encryption measures; and
• subject to the escalation procedure referred to in the Action we might take against infringing content section above.

We own the rights to our Platform

The copyright and all other intellectual property rights in the Platform (including the Big Team Challenge - and company - name and logo, site domain name, underlying code, and the look and feel of the Platform itself) belong, and shall continue to belong, to us or our licensor(s).

Our licence to you

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform in accordance with these T&Cs (including the Acceptable Use Policy). You must not use or commercialise any of our intellectual property without our express written permission.

8. Our and the Client’s Obligations

It is our Clients’ responsibility to ensure their respective users (that is, you) are informed about Challenges and are given sufficient notice to register, and proper opportunity to participate, before the Challenge begins.

We offer technical support for users via email only and during regular business hours based on UK time. Any non-technical support (including queries from users in relation to their Challenge) are the responsibility of our Clients.

PLEASE ENSURE YOU READ THIS SECTION CAREFULLY

Liability we do not exclude

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, and for fraud or fraudulent misrepresentation.

Our Platform is for general information purposes only

Any and all information provided on the Platform, including any content produced by the Platform (such as number of steps) and User Content, is for general information purposes only. You are responsible for what you do with any data or conclusions drawn from the information on the Platform or any actions taken by you or anyone else on the basis of any such information. Nothing made available in connection with the Platform is, or shall be deemed to constitute, medical, fitness, wellness or any similar types of advice.

You are responsible for your own fitness

You are solely responsible for determining whether you are fit (medically or otherwise) to participate in any Challenge. We recommend that you seek independent professional medical advice if ever in doubt.

We are not liable for any damage, including physical injury (unless caused by our negligence), as a result of your participation in a Challenge.

User Content

We are not liable for any loss or damage suffered by you due to any User Content (including, but not limited to, messages exchanged on the Chat) uploaded onto the Platform.

We make no warranties on the content made available

All information on the Platform is provided on an “as is” basis. We make no representations, warranties or guarantees as to the legality, accuracy, reliability, completeness, quality, authenticity, decency, usefulness or timeliness of any information available via the Platform.

Security or interruption

Whilst we endeavour to ensure that any material or content on the Platform is not contaminated in any way, we do not warrant or guarantee that such material or content will be free from infection, viruses and/or similar code or other technologically harmful material.

Due to the nature of software provided online and the Internet, we do not guarantee that any part of the Platform or our service will be uninterrupted or error-free and we accept no liability for any failure, delay, interruption or breakdown in network connections and/or point-to-point connectivity across the Internet and other networks which may affect their provision and is outside our immediate control.

Third parties

Our services will from time to time enable or assist you to connect to services from third parties (for example, Google Maps or Fitbit). Such connection is carried out solely at your own risk. We make no representation, warranty or commitment, and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party provider, or any transactions completed, and any contract or terms of use entered into by you, with any such third-party provider. Any contract entered into, and any transaction completed via any third-party provider, which may be required in order for you to receive our services, is between you and the relevant third-party, and not us. We recommend that you refer to the third-party's terms and conditions (including any terms around acceptable use) and privacy policy prior to using their services. For further information about what personal data we may collect via such third-party providers, please visit our Privacy Policy.

Exclusion of business losses

You agree not to use our Platform for any commercial or re-sale purposes, and we have no liability to you for any loss of profit or revenue, loss of business, business interruption, or business opportunity or damage to goodwill or reputation.

Exclusion of implied warranties

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Platform or any content on it, whether express or implied.

We reserve the right, at our sole discretion, to bar any person from using our Platform - particularly if we feel that there has been a breach of these T&Cs (including the Acceptable Use Policy) or there is a threat of, or actual, harm or there is a security risk - and/or restrict or disable their access or use of any or all elements of our services, whether on a permanent or temporary basis.

We appreciate and welcome any suggestions or feedback that you make about how we may improve the Platform and our service. Please feel free to contact us (using the contact details in section 1 above) if you have any comments, suggestions, ideas or improvements. Please note, however, that any such feedback will be deemed non-confidential, and you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use that feedback (including making public) for any purpose, without restriction or any obligation to pay you for it.

If you are in a dispute with another user on the Platform, your employer, a Client or a third party via the Platform, we recommend that you contact that other party and try to resolve the dispute with them. If that is not possible, please email us using the contact details in section 1 above.

If you are not happy with us, we strongly encourage you to contact us directly so that we can try to resolve your issue. Depending on the issue, we may suggest that you and we follow an alternative dispute resolution procedure, such as mediation.

Governing law

These T&Cs, the relationship between you and us (whether contractual or otherwise) and any claim, dispute or matter arising under or in connection with these T&Cs, shall be governed by Scots law.

If you are a consumer

If you are a consumer based in the UK, any dispute, controversy, proceedings or claim between you and us relating to these T&Cs or to the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency. If you are a consumer outside the UK, you and we agree to submit to the non-exclusive jurisdiction of the courts of Scotland.

If you are a business (or if you are not a consumer)

If you are a not a consumer (e.g. you are an employee or representative of one of our Clients), any dispute, controversy, proceedings or claim between you and us relating to these T&Cs or to the relationship between you and us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Scotland.

We may change these T&Cs (including the Acceptable Use Policy and any other codes, policies or statements referred to in these T&Cs) from time to time by updating them on the Platform. Please ensure you check these T&Cs from time to time to ensure you understand the terms that apply at that time. If we believe any changes to our T&Cs are significant, we will aim to tell you in the most appropriate way, whether by an announcement via the Platform, by emailing you or otherwise. Your continued use of the Platform following the changes to the T&Cs constitutes your acceptance of the updated T&Cs.

These T&Cs (including the Acceptable Use Policy and any other codes, policies or statements referred to in these T&Cs) form the entire agreement between you and us, and supersede any other agreement, in relation to your use of the Platform.

We may transfer our rights and obligations under these T&Cs to another organisation.

You may only transfer your rights or your obligations under these T&Cs to another person if we agree to this in writing, though we may, and reserve our right to, refuse.

No person shall have any rights to enforce any of these T&Cs other than you, the user, and us.

Each of the paragraphs of these T&Cs 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.

If we do not insist immediately that you do anything you are required to do under these T&Cs, or if we delay in taking steps against you in respect of your breaching these T&Cs, 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.

We reserve the right, at our sole discretion, to bar any person from using Big Team Challenge (including disabling any account and restricting access) and remove any content on our Platform, if we believe that there has been a violation of this policy or there is a threat of harm or security to us, our platform, or other persons.

We are strongly against, and you are strictly prohibited from engaging in, the following types of behaviour on our Platform (whether actual, intended, attempted or threatened):

• Breaking or violating any applicable law.
• Promoting, encouraging, assisting, inciting and/or supporting acts of violence, terrorism, unlawful or criminal activity, sexual exploitation, self-harm, suicide, abuse, abuse of drugs, medication or alcohol, discrimination or hate speech.
• Introducing, uploading, sharing or promoting any material which is sexually explicit, pornographic, hateful, inflammatory, defamatory, libellous, inappropriate, abusive, exploitative of minors, offensive or damaging to a person’s or business’ reputation (including the reputation of Big Team Challenge and our business partners).
• Bullying, harassment, stalking, intimidation, trolling, insulting or humiliation of another person.
• Discrimination or hate speech against a person or group of people based on their race, ethnicity, nationality, gender, gender identity, disability, religious or philosophical beliefs, sexual orientation or age.
• Fraud, deception, purposely providing false information (such as erroneous step count data), misrepresentation of identity or impersonating someone else or registering an account to a bot, script or something similar.
• Infringing another person’s right to privacy or using a person’s personal information in a way that you do not have a right to.
• Infringing the intellectual property rights (including copyright, trade mark and database rights) belonging to us or another person or entity (including any intellectual property rights in any content belonging to another person).
• Breach of any lawful duty owed to another person, including contractual duties, duties of care and confidentiality obligations.
• Breach of any of our terms and conditions.
• Misusing our Platform, technology or services, including hacking, scraping, circumventing security, disrupting, interfering with or impairing the operation of our systems.
• Obscuring or attempting to remove any copyright notice or “powered by” credit displayed on our Platform.
• Introducing or transmitting onto our Platform, technology or services any viruses, malicious code, trojans, worms, logic bombs or other material which is or could be malicious or technologically harmful.
• Using any automated program (including, without limitation, any spider or other web crawler) to access our system.
• Using, or attempting to use, another person’s account.
• Attempting to access data or features of our Platform which you do not have permission to access or bypassing or circumventing any measures we use to prevent or restrict such access (for example, circumventing the requirement to log in when required to do so).
• Making unauthorised copies, modifying, adapting, translating, reverse engineering, disassembling, decompiling or creating any derivative works of our Platform, technology or services or any content included in them, including any files, tables or documentation (or any portion of them).
• Determining, or attempting to determine, any source code, algorithms, methods or techniques embodied by our Platform, technology or services.
• Distributing, licensing, transferring, or selling, in whole or in part, any of our Platform, services or technology, or any derivative works of those, without our prior written agreement.
• Using our Platform, services or technology, without our express written authorisation, for any commercial or unauthorised purpose, including communicating or facilitating any commercial advertisement or solicitation, reselling or attempting to resell our service, spamming or incorporating our Platform (as aspects of it) into another site, programme or product.