General

Applied Living Technologies Limited (“Company”) owns and operates BBM Services from the following non-exhaustive list of Sites: www.businessbymobile.com, www.mpolls.co.uk, www.businessbymobile.co.uk, www.mpolls.com The Sites above are the property of the Company and its licensors.

You, as a BBM Service Event Participant or Sites Visitor can view the applicable Interpretations & Definitions and other terms referenced herein and party to these legal notices by following this Link

Following are the Legal Notices applicable to you, as a Service Event Participant or Sites Visitor.

BY USING THE SITES AND OR PARTICIPATION IN A SERVICE EVENT, YOU AGREE TO THESE LEGAL NOTICES. IF YOU DO NOT AGREE, DO NOT USE THE SITES OR PARTICIPATE IN A SERVICE EVENT.

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of the Sites, any BBM Service and all terms and conditions at any time. It is your responsibility to check these periodically for changes. Continued use of the Sites and participation in Service Events (including and following any changes) confers your acceptance to these changes.

As long as you comply with these Legal Notices and the applicable Terms of Use on the Sites, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use Specific portions of the Sites and Participate in Service Events.

Service Event Participation

You can participate in a Service Event through use of (but not limited to) Internet (PC & Mobile handset) browsers and or the Company’s handset software application (“Penny”). Penny software resides and operates on your selected user handset device with the Penny Software License Agreement (“PSLA”) defining its terms and conditions of use.

Participant Registration, Consent & Use of Personal Data

The Company provides BBM Services (E.g. MPOLLS, iME) for use by its Business Client to create a Service Event that generates Service Event Transactions. A select Service Event may acquire appropriate personal preference, contact, demographic and private information (collectively called “Your Profile Data”).

Following submission by you of a BBM Service Event, you consent to the Company storing personal information about you for use as defined in these Legal Notices in a Company Database. You also consent to

• Having registered status of any User Group in the Company Database (unless you deregister through Account Set Up function in a BBM Service)
• Allow the Company to distribute Your Personal Data as required and determined in any Service Event you participate in, and from which you submit a response

IF YOU DO NOT CONSENT TO THE ABOVE, PLEASE DO NOT PARTICIPATE IN THE SERVICE EVENT.

Your Pass Code

Your participation in one or more Service Events may require a Pass Code. The Company sets this to a default value, and may inform you of the pass code by marketing and other means. At the Company’s option, a BBM Service may be set to allow you to reset this pass code from the Account Set Up function in a BBM Service. You are entirely responsible for maintaining the confidentiality of the Pass Code, and for ‘any and all’ activity that occurs from the use of this Pass Code (in collaboration with your unique mobile telephone number). You agree the Company is not liable for losses incurred by the Business Client or other third parties due to fraudulent use of the Pass Code & your Mobile telephone number, and indemnify the Company against such occurrence.

Service Event Incentive

A Service Event created by a Company Business Client may from time to time offer an Incentive to you for successful participation in a specific Service Event. The Company accepts no liability or warrants any Incentive suggested or offered is valid or will be provided (either directly or via a 3rd party fulfillment agent).

Sites Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Sites is owned, controlled or licensed by or to the Company, and is protected by applicable trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws

Except as expressly provided herein no part of the Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web Sites or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.

Use of the Sites

You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any Company server or software application, or to any of the services offered on or through the Sites, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Sites or any network connected to the Sites, nor breach the security or authentication measures on the Sites or any network connected to the Sites. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Sites, or any other client of the Company, including any Company account not owned by you, to its source, or to exploit the Sites or any service or information made available or offered by or through the Sites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Sites.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or the Company’s systems or networks, or any systems or networks connected to the Sites or to the Company. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any transaction being conducted on the Sites, or with any other person’s use of the Sites.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Company on or through the Sites or any service offered on or through the Sites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Sites or any Content for any purpose that is unlawful or prohibited by these Notices or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others.

Purchases; Other Terms and Conditions

Additional terms and conditions (“additional terms”) may apply to purchases of goods or services and to specific portions of a Service Event or on the Sites, including contests, promotions or other similar features. These additional terms, by this reference are part of these Notices and you agree to abide by such additional terms. If there is a conflict between these Notices and the additional terms posted for or applicable to a specific portion of a Service Event or on the Sites the latter additional terms shall control with respect to your use of that portion of a Service Event or on the Sites.

The Company’s obligations, if any, with regard to BBM services is governed solely by the contracts pursuant to which they are provided, and nothing on the Sites should be construed to alter such contracts.

The Company may change any products or services offered on the Sites, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Sites with respect to products and services may be out of date, and the Company makes no commitment to update the materials on the Sites with respect to such products and services.

Links to Other Web Sites

The Sites or Service Event may contain links to other independent third party Web Sites (“Linked Sites”). The Company provides these Linked Sites only as a convenience to you. Such Linked Sites are not under the Company’s control, and the Company is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimer

THE COMPANY DOES NOT PROMISE ANY SERVICE EVENT, THE SITES, OR ANY CONTENT, SERVICE OR FEATURE OF THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITES OR PARTICIPATION IN SERVICE EVENTS WILL PROVIDE SPECIFIC RESULTS.

SERVICE EVENTS AND THE SITES AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITES OR IN SERVICE EVENTS IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITES OR AS A RESULT OF YOUR PARTICIPATION IN A SERVICE EVENT WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF YOU AND ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITES OR ANY PARTICIPATION IN ANY SERVICE EVENT

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR PARTICIPATION IN A SERVICE EVENT, USE OF THE SITES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH A SERVICE EVENT, THE SITES OR ANY CONTENT IS TO STOP USING THE SITES OR PARTICIPATE IN THE SERVICE EVENT OR ANY SUCH CONTENT.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

The Company reserves the right to do any of the following, at any time, without notice; (1) to modify, suspend or terminate operation of or access to a Service Event, for any reason; (2) to modify, suspend or terminate operation of or access to the Sites, or any portion of the Sites, for any reason; (3) to modify or change the Sites, or any portion of the Sites, and any applicable policies or terms and conditions; and (4) to interrupt the operation of the Sites, or any portion of the Sites, or a Service Event as necessary to perform routine or non-routine maintenance, error correction, or other changes

Limitation of Liability

Except where prohibited by law, in no event will the Company be liable to you, as a Visitor or Event Participant for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the Company has been advised of the possibility of such damages. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold the Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Company by any third party due to or arising out of or in connection with your use of the Sites or participation in a Service Event

Violation of These Notices

The Company may disclose any information we have about you if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your participation in a Service Event or use of the Sites, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the Company’s rights or property, or the rights or property of Visitors/Panelists/Business Client Administrators to or users of the Sites or Participation in Service Events

The Company reserves the right at all times to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process or governmental request. The Company also may disclose your information when the Company determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that the Company may preserve any transmittal or communication by you with the Company through the Sites or any Service Event offered independently, on or through the Sites, and may also disclose such data if required to do so by law or the Company determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Legal Notices, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of the Company, its Employees, Business Clients, Event Participant or Visitors to the Sites, and the public

You agree that the Company may, in its sole discretion and without prior notice, and where possible, terminate your access to the Sites or Service Event and/or block your future access to the Sites or Service Event if we determine that you have violated these Notices or other contracts or guidelines, which may be associated with your use of the Sites or Participation in a Service Event

You also agree that any violation by you of these Legal Notices constitutes an unlawful and unfair business practice, and may cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity.

You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Sites or Service Event, for cause, which includes but not limited to (1) requests by law enforcement or other government agencies, (2) a request by you to be removed from a User Group, (3) discontinuance or material modification of the Sites or any service offered on or through the Sites, or (4) unexpected technical issues or problems

If the Company takes any legal action against you as a direct result of your violation of these Notices, the Company will be entitled to recover from you and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Company. You agree that the Company will not be liable to you or to any third party for termination of your access to the Sites or Service Events as a direct result of any violation of these Notices.

Jurisdiction

These Notices are governed by and construed with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Contract and the place of performance of this Contract is agreed by you to be England.

Miscellaneous

You may not use, or transfer, or sell, or export, or re-export any Content or any copy or adaptation of such Content, or any Content obtained from Service Event participation or the Sites, in violation of any applicable laws or regulations, including without limitation UK export laws and regulations.

You warrant and indemnify the Company against all content provided by you from participation in Service Events and use of the Sites, and confirm this Content is the property of you and you have the legitimate copyright, ownership and usage rights. You agree all content viewed or received by you from use of the Sites or participation in a Service Event provided on a temporary basis. The Company, at its option may present differing Panelist terms and conditions of participation for any Service Event and will inform you in at the time of availability.

You, accepts the Company has no responsibility or liability for any Content you provide or that is viewed or received by you and any damages that may arise following the use of this Content from any Service Event or Sites due to infringement or other breach of applicable laws, regulations and third party agreements

The Company’s failure to insist on or enforce strict performance of these Notices shall not be construed as a waiver by the Company of any provision or any right it has to enforce these Notices, nor shall any course of conduct between the Company and you or any other party be deemed to modify any provision of these Legal Notices. These Legal Notices, shall not be interpreted or construed to confer any rights or remedies on any third parties

If any of the provisions of these Notices are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Notices, so that these Notices shall remain in full force and effect.

The terms and conditions on the Sites (including these Legal Notices) constitute the entire agreement with regard to your use of the Sites or participation in a Service Event.