1. General
The “App” shall mean the software provided by Bangor University (“the University”) to offer services related to the University, the University’s companies, the University’s products and services, and their partners’ products and services, to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the App.
The “website” shall mean the companion website of the app hosted at www.saltmarshapp.com
By installing the App, or accessing the Website, you agree to be bound by these terms of use (the “terms”). Please review them carefully before installation and/or accessing the Website. If you do not accept these App terms, please do not install or do not continue to use the App and/or Website.
The University may revise these terms at any time and without prior notice. You are advised to review these terms periodically, as they are binding upon you.
2. Data protection
By registering as a visitor or member of the Saltmarsh App Website or App, you will be asked to submit limited personal information about yourself e.g. name, postcode and email address in order to receive and use products and services on the App and Website.
All data collected by the Saltmarsh App and Website shall be held in accordance with the University’s Data Protection Policy which may be downloaded in full from the following location https://www.bangor.ac.uk/planning/dataprotection/documents/data-protection-policy.pdf
Data and personal information you submit to the Saltmarsh App and Website will only be used to provide products and services to you and for the benefit of the University’s research activities. Where personal information is used to support research it shall only be made available in an anonymised and redacted form. The University may share your personal information with its agents and sub-contractors for the purposes of delivering the products and services you have requested by using the Website and App.
If you request to become a member of a group within the App and Website you agree to the group administrator being able to see the personal information you have entered.
The University will disclose all information it holds when obliged to do so by law.
3. Proprietary rights and licence
All design and information contained in this App are the property of the University.
All trademarks, copyright, database rights and other intellectual property rights of any nature in the App and Website are the property of the University.
The University hereby grants you a worldwide, non-exclusive, royalty-free revocable licence to use the App and Website for your personal and not for profit use in accordance with these terms.
4. Conditions of use
You will not, nor allow third parties on your behalf to (i) make and distribute copies of the App, (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App or Website, or (iii) create derivative works of the App or Website of any kind whatsoever.
The App and Website is currently made available to you free of charge for your personal and not for profit use. The University reserves the right to amend or withdraw the App or Website, or charge for the App or Website or products or services provided to you in accordance with these terms, at any time and for any reason.
You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the App. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or any such third party charges as may arise. You accept responsibility for any such charges that arise.
If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
You agree that when submitting images, you own the rights for those images and that there are no legal infringements. You will grant unrestricted rights to the University to use these images and waive rights for any compensation in this regard.
If you register a group you are considered a group administrator and additionally accept the responsibility for managing that group, and agree to not misuse the personal data of the members of that group, only using it in accordance with the data protection and privacy policy and terms and conditions of use of the App and Website.
5. Availability
This App and Website is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. The University will use reasonable efforts to make the App available at all times. However you acknowledge the App and Website is provided over the internet and mobile networks and so the quality and availability of service may be affected by factors outside the University’s control.
The University will not accept any responsibility whatsoever for the unavailability of the App or Website, or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable or not working correctly.
The University will not be responsible for any support or maintenance for the App or Website.
6. System requirements
In order to use the App, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (“Software Requirements”).
The Software Requirements are as follows: Apple iOS devices running iOS8 or above, and Android OS devices running Android OS 4.4 or above.
The version of the App software may be upgraded from time to time to add support for new functions and services.
In order to use the Website you are required to have access to a current version of an Internet Browser running on a laptop, desktop or handheld computing device. Functional compatibility is ensured for IE 10+, visual compatibility for IE11+.
7. Termination
The University may terminate use of the App or Website at any time and with immediate effect by giving a simple notice of termination to you.
Upon termination, the rights and licenses granted to you herein shall terminate and you must cease all use of the App and Website and remove the App from and device on which you have installed it.
8. Limitation of liability and disclaimer of warranties
Any information, document or other material made available on this App and Website is without warranty of any kind, either express or implied, including but not limited to the warranties of completeness, accuracy, fitness or non-infringement.
The University will not be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the App or Website, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
The University will be not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the App or Website.
To the maximum extent permitted by law, and for the avoidance of doubt, the University hereby disclaims all implied warranties with regard to the App and Website. The App software and Website are provided “as is” and “as available” without warranty of any kind.
9. External Sites
The App and Website displays web links to the following external providers of additional information:
- Saltmarsh location data from http://magic.defra.gov.uk ;
- Tidal data from http://www.visitmyharbour.com ;
- Weather data from the http://www.metoffice.gov.uk
The University ca not accept any responsibility for the content provider by these other external providers.
You acknowledge that you understand that the information made available by these sites is subject to the provider’s own terms and conditions and is not made available to you by the University.
10. Governing Law
You hereby irrevocably submit to the exclusive jurisdiction of the courts of England for the purpose of hearing and determining any dispute arising out of or in connection with these Terms or their formation or validity and for the purpose of enforcement of any judgment so arising.