June 30, 2021
TAHORA END USER AGREEMENT
These terms set out the basis on which we license you to use the Tahora mobile application software and the related services (together referred to in these terms as the Tahora App). By clicking on the "accept" button you agree to these terms which will bind you.
Your employer has invited you to access the Tahora App in relation to your employment by them. You must not forward your link to the Tahora App or share your access to the Tahora App with any third party.
We, Tahora Ltd (company number 12430540, registered office 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ) are the creators of the Tahora App.
Under data protection legislation, we are required to provide you with certain information about 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 our Privacy Notice below.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Tahora App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Contact us. If you need to contact us for any reason please email our customer service team at email@example.com.
How we will communicate with you. If we need to contact you we will do so by email using the contact details provided to us.
Your use of the Tahora App
You must be 16 or over to accept these terms and use the Tahora App. You may not transfer your access to the Tahora App to someone else. If you sell or transfer any device on which the Tahora App is installed, you must remove the Tahora App from it.
You agree that you will:
You must not:
You must keep your account details safe
If you choose, or you are provided with, a user identification code or other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or other security information, 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 terms.
If you know or suspect that anyone other than you knows your user identification code or other security information, you must promptly notify us at firstname.lastname@example.org.
Changes to these terms
We may need to change these terms at any time to reflect changes in law or best practice, to deal with additional features which we introduce or for any other reason. We will notify you of a change when you next start the Tahora App. If you do not accept the notified changes you will not be permitted to continue to use the Tahora App.
Updates to the Tahora App
From time to time we may automatically update the Tahora App to improve performance, enhance functionality, reflect changes to the operating system, address security issues or for any other reason. Alternatively we may ask you to update the Tahora 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 Tahora App.
If you download or stream the Tahora 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 may collect technical data about your device
By using the Tahora App or any part of it, you agree to us collecting and using technical information about the devices you use the Tahora App on and related software, hardware and peripherals to improve our products and to provide any services to you.
We may collect location data (but you can turn location services off)
Certain services on the Tahora App will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the Tahora App on the device. If you use these services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
You may also provide location data as part of the information you input when using the Tahora App. Where you provide this information, you can update or delete this information via the Tahora App.
We are not responsible for other websites you link to
The Tahora App 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.
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to the Tahora App, or to make contact with other users of the Tahora App, you must comply with the content standards found below.
You agree that any such contribution will comply with those standards and you will be responsible for any loss or damage we suffer as a result of your failure to comply with those standards.
Any content you upload to the Tahora App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but by uploading content you grant us and other users of the Tahora App an ongoing, worldwide, non-exclusive, royalty-free, irrevocable, transferable, sub-licensable licence to use, store, copy, modify, adapt, change, reproduce, distribute, prepare derivative works of, display and perform that content and to make it available to third parties both with or without attributing that content to you. You consent to any act or omission which would otherwise constitute an infringement of your moral rights to your content.
You acknowledge that any content which you upload to the Tahora App is public and may be shared with third parties, including employers or others, and we are not responsible for how third parties use this information. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Tahora App constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on the Tahora App at any time and for any reason including, by way of example if, in our opinion, your post does not comply with the content standards set out in these terms or if we are asked to do so by your employer or any third party.
If we become aware that any material you contribute to the Tahora App does not comply with our content standards, we may notify your employer and provide them with a copy of that material and other information in relation to that non-compliance.
The following content standards apply to any and all material which you contribute to the Tahora App or any part of it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Your contributions must:
Your contributions must not:
How to complain about content uploaded by other users
If you wish to complain about content uploaded by other users, please contact us at email@example.com or via the Tahora App.
Intellectual property rights
All intellectual property rights in the Tahora App throughout the world belong to us (or our licensors) and the rights in the Tahora App are licensed (not sold) to you. You have no intellectual property rights in, or to, the Tahora App other than the right to use them in accordance with these terms and the rights in the content which you provide as described in these terms.
You may print off one copy, and may download extracts, of any page(s) from the Tahora App for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status as the authors of content on the Tahora App must always be acknowledged.
You must not use any part of the content on the Tahora App for commercial purposes without obtaining a licence to do so from us or our licensors.
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 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.
We do not guarantee that the Tahora App will be secure or free from bugs or viruses. If defective digital content that we have supplied as a result of our negligence 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 maintain virus protection software or 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.
The Tahora App is provided for personal use. If you use the Tahora 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 Tahora App
The Tahora App is provided for general information purposes and has not been developed to meet your individual requirements. It does not offer advice (including but not limited to, medical advice) on which you should rely. You must obtain professional, medical or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Tahora App. Although we make reasonable efforts to update the information provided by the Tahora App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
We are not responsible for any opinion, advice, information or statement made or displayed in any Tahora App forums by any users and we are not responsible for any errors or omissions in such postings, or for links embedded in any messages. The opinions expressed in any Tahora App forums are solely the opinions of the participants and do not reflect the opinions of us or our employees or affiliates.
Your employer is not responsible for the Tahora App
Your access to the Tahora App is sponsored by your employer but your employer is not responsible for the provision of the Tahora App or your use of it and your access to the Tahora App is not an employee benefit or a condition of your employment.
Please back-up content and data used with the Tahora App
We recommend that you back up any content and data used in connection with the Tahora App, to protect yourself in case of problems with the Tahora App.
Events outside our control
If our provision of the Tahora App or any part of it 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 but will not be liable for delays caused by the event
Terminating your access to the Tahora App
We may terminate your right to access to the Tahora App at any time by contacting you if:
If we terminate your right to access the Tahora App for any reason:
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 this agreement.
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 these terms 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 agreement, we can still enforce it later
Even if we delay in enforcing these terms, we can still enforce them at a 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 these terms, 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.
Mobile App Store Terms
If you access the Tahora App on a mobile device, you are responsible for any data charges by your mobile carrier. When you download the Tahora App you will also be subject to any terms imposed by the store through which you obtain the Tahora App (for example, the Apple App Store or Google Play Store) and you must comply with those terms.
Apple App Store Disclaimer
Where you access the Tahora App via the Apple App Store the following terms will apply in addition to those set out above: