Terms and Conditions for Using the mybvi app.

PLEASE READ THESE LICENCE TERMS CAREFULLY 

BY CLICKING ON THE ‘ACCEPT’ BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.  IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE ‘REJECT’ BUTTON BELOW. 

Who we are and what this agreement does 

We Select Research Limited of Malvern Hills Science Park Geraldine Road Malvern WR14 3SZ  license you to use: 

● The mybvi mobile application software, the data supplied with the software, (App) and any  updates or supplements to it; 

● The electronic documentation (Documentation); 

● The service you connect to via the App and the content we provide to you through it (Service); as permitted in these terms. 

Your privacy 

Under data protection legislation, we are required to provide you with certain information  including who we are, how we process your personal data and for what purposes and your rights  in relation to your personal data and how to exercise them. This information is provided in  https://www.bodyvolume.com/privacy-policy, with additional terms set out in  https://www.bodyvolume.com/api-terms and it is important that you read that information. 

Other terms that may apply to you 

Our Cookie Policy set out in https://www.bodyvolume.com/cookie-policy, which sets out  information about the cookies used by the App also form part of these terms. 

Google Play and Apple app Store's terms also apply 

The ways in which you can use the App and Documentation may also be controlled by the Google Play https://play.google.com/about/play-terms/index.html and Apple app Store's  https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html rules and policies and  will apply instead of these terms where there are differences between the two.  

Operating system requirements 

This App requires a mobile phone with: 

● an Android or iOS device using a currently supported operating system.  

● an internet connection and  

● a camera.

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Support for the App and how to tell us about problems 

Support. If you want to learn more about the App or the Service or have any problems using them  please take a look at our support resources at https://www.bodyvolume.com/contact.  

Contacting us (including with complaints). If you think the App or the Services are faulty or  misdescribed or wish to contact us for any other reason please email our customer service team  at info@select-research.com.  

How we will communicate with you. If we have to contact you we will do so by email using the  contact details you have provided to us. 

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 or stream a copy of the App onto any supported mobile or handheld device and  view, use and display the App and the Service on such devices for your personal purposes only.  

● use any Documentation to support your permitted use of the App and the Service. 

● 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 buy the App 

You must be 18 or over to accept these terms and buy 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 as set out above. 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 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.  

We will give you at least 30 days’ notice of any change by sending you an email with details of the  change or by popup notification within the App of a change when you next start the App.  

If you do not accept the notified changes you will not be permitted to continue to use the App  and the Service and you may apply to the Appstore for a refund, which will reflect the period the  App and the Service have been available to you prior to cancellation.

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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.  

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.  

The App will always work with the current or previous version of the operating system (as it may  be updated from time to time) and] match the description of it provided to you when you bought  it. 

If someone else owns the phone or device you are using 

If you download or stream the App onto any phone or other device not owned by you, you must  have the owner's permission to do so. You will be responsible for complying with these terms,  whether or not you own the phone or other device.  

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.  

Licence restrictions 

You agree that you will: 

● (except in the course of permitted sharing) not rent, lease, sub-license, loan, provide, or  otherwise make available, the App or the Services in any form, in whole or in part to any  person without prior written consent from us; 

● not copy the App, Documentation or Services, except as part of the normal use of the App or  where it is necessary for the purpose of back-up or operational security; 

● not translate, merge, adapt, vary, alter or modify, the whole or any part of the App,  Documentation or Services nor permit the App or the Services or any part of them to be  combined with, or become incorporated in, any other programs, except as necessary to use  the App and the Services on devices as permitted in these terms; 

● not disassemble, de-compile, reverse engineer or create derivative works based on the whole  or any part of the App or the Services nor attempt to do any such things, except to the extent  that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such  actions cannot be prohibited because they are necessary to decompile the App to obtain the  information necessary to create an independent program that can be operated with the App 

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or with another program (Permitted Objective), and provided that the information obtained  by you during such activities: 

o is not disclosed or communicated without the Licensor's prior written consent to any  third party to whom it is not necessary to disclose or communicate it in order to  achieve the Permitted Objective; and 

o is not used to create any software that is substantially similar in its expression to the  App; 

o is kept secure; and 

o is used only for the Permitted Objective; 

● comply with all applicable technology control or export laws and regulations that apply to the  technology used or supported by the App or any Service. 

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, including by the submission of any material (to the extent that such  use is not licensed 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 licensed (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. 

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  our breaking these terms or our failing to use reasonable care and skill, but we are not responsible 

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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. 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  information and entertainment purposes 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. 

Please back-up content and data used with the App. We recommend that you back up any  content and data used in connection with the App, to protect yourself in case of problems with  the App or the Service. 

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 on the Appstore site and in the Documentation) meet your  requirements. 

We are not responsible for events outside our control. 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.  Provided we do this we will not be liable for delays caused by the event but if there is a risk of  substantial delay you may contact us to end your contract with us and receive a refund for any  Services you have paid for but not received. 

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.

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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. 

● We may remotely access your devices and remove the App from them and cease providing  you with access to the Services. 

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 Contracts (Rights of Third Parties) Act  1999 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 agreement, 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 agreement, 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 agreement and where you may bring legal proceedings 

These terms are governed by English law and you can bring legal proceedings in respect of the  products in the English courts. If you live in Scotland you can bring legal proceedings in respect of  the products in either the Scottish or the English courts. If you live in Northern Ireland you can  bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

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Alternative dispute resolution 

Alternative dispute resolution is a process where an independent body considers the facts of a  dispute and seeks to resolve it, without you having to go to court. If you are not happy with how  we have handled any complaint, you may want to contact the alternative dispute resolution  provider we use. You can submit a complaint to CEDR at info@cedr.com or via their website at  https://www.cedr.com/consumer/. CEDR will not charge you for making a complaint and if you  are not satisfied with the outcome, you can still bring legal proceedings.