Terms of Use (Business Client Administrator)

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 can view the applicable Interpretations & Definitions and other terms referenced herein party to these terms of use by following this Link

Following are the Terms of Use applicable to you (“Business Client Administrator”), acting as an authorized representative and on behalf of a Business Client, who has a valid and existing Commercial Client Contract (“CCC”) with the Company. Your use of the Sites or any BBM Service contrary to the Company operational and management objectives for the Sites is unacceptable and prohibited.

BY USING THE SITES OR BBM SERVICE, YOU AGREE TO THESE TERMS OF USE AND THE REFERENCED CCC. IF YOU DO NOT AGREE, DO NOT USE THE SITES OR BBM SERVICE.

The reproduction, copying, downloading, decompiling, storage, recording, broadcasting, retransmission and distribution of any part (including, but not limited to the company’s intellectual property, processes, know how and technology) as identified and or sourced from the Sites is not permitted without prior written consent of the Company.

You do not receive any, and the Company retains all, ownership rights in any Intellectual Property, processes, know how and information on the Sites and in BBM Services.

BBM Services are provided "as is" without warranty of any kind, either expressed or implied, arising by law or otherwise, including but not limited to warranties of effectiveness, completeness, accuracy, or fitness for a particular purpose. The Company shall have neither liability nor responsibility to any person or organization with respect to any loss or damage arising from use of or any information identified or sourced from the Sites or your use of a BBM Service.

Disclaimer of Endorsement

Reference to any products, services, processes, hypertext links to (or from) third parties or other information on the Sites or BBM Service does not necessarily constitute or imply its endorsement, sponsorship or recommendation by the Company. The Company’s name, BusinessByMobile or any service product brand (E.g. MPOLLS, iME) and logo may not be used in any manner whatsoever without the prior written consent of the Company.

Jurisdiction

These Terms of Use 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.

Prohibited Uses of the Sites and BBM Services

Some non exhaustive, guidelines of prohibited uses of the Sites and BBM Services are described below;

  • Illegal/Criminal Activity
  • You may not use the Sites or a BBM Service in connection with criminal or civil violations of laws, regulations, or other government requirements of any jurisdiction. Such violations include theft or infringement of copyrights, patents, trademarks, trade secrets, or other intellectual property, export control violations, fraud, forgery, pyramid or other prohibited business schemes; and theft, misappropriation, or unauthorized transmission or storage of funds, credit card information, personal information, or online services.

  • Security Violations
  • You may not use the Sites or a BBM Service to violate the security of a network, service or other system. Examples of security include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; distributing viruses or other harmful software; smurf attacks; and unauthorized alteration or destruction of websites or other information.

  • Threats
  • You may not use the Sites or a BBM Service to transmit or store material of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation.

  • Offensive Materials
  • You may not use the Sites or a BBM Service to transmit or store material of an offensive nature, including obscene, pornographic, indecent, abusive and harmful materials, or to transmit to recipient's material, inappropriate for them, including obscene or offensive materials to children.

  • SMS Spam
  • You may not use the Sites or a BBM Service for SMS spam that could in the Company’s judgement could provoke complaints.

  • Security System
  • You may not use the Sites or a BBM Service directly or indirectly, with systems not configured or maintained in a manner preventing their use by others in violation of these Terms of Use.

  • Attempts
  • You may not use the Sites or a BBM Service to attempt an activity prohibited by these Terms of Use, whether or not successful.

  • Violations
  • You may not use the Sites or a BBM Service in a manner that damages The Company’s reputation or goodwill or interferes with another's use of the Sites or a BBM Service. This action constitutes a violation of these Terms of Use.

  • Indirect Use
  • A violation of these Terms of Use by a person having only indirect access to a BBM Service through another Business Client is a violation by you whether or not with the knowledge or consent of the other Business Client. You assume full responsibility for the actions of any Administrator to whom they directly or indirectly provide the authority for others to use BBM services.

  • Responses to Violations
  • To achieve the objectives of the Sites or a BBM Service, the Company will determine whether a use of the Sites or BBM Service is in violation. When the Company becomes aware of a violation it may take such action as deemed appropriate to address the violation. Such as a demand for immediate removal of offending material, immediate temporary or permanent filtering, blocked access, suspension or termination of service, or other response appropriate to the violation

  • Important User Information
  • These Terms of Use by itself may not be sufficient to prevent possible harm to persons, the Company or other Business Clients who use the Sites or BBM Service resulting from a violation. The Company will not be liable for harm that results from violations of these Terms of Use, even when aware of those violations.

    A violation of these Terms of Use by an Administrator is a material breach of the valid ‘Commercial Client Contract’ and ‘Business Client Terms’ between the Client and the Company and may result in termination or other consequences.

  • Incident Reporting
  • You can send complaints regarding violations of the Sites or BBM Services by email to violations@appliedliving.com

The Company reserves the right to change these Terms of Use at any time.

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