1. INTRODUCTION
1.1 NFU provides news coverage to their members through the use of its mobile application on your mobile device.
1.2 These terms of use were most recently updated on 2 April 2019.
2. DEFINITIONS
2.1 In the terms of use for the mobile application:
- App means the NFU mobile application for use by individuals, and includes any Services we provide through the App;
- App Store is the digital distribution platform for mobile computer software where you downloaded the App;
- Login Details means the NFU membership identification number and password which you use to access the App;
- Mobile Device means a handheld mobile phone, smartphone, tablet, or other device that is made for portability, on which the App may be used;
- Mobile Provider means the provider of your mobile network or other facility which you use to obtain wireless data transmission services;
- Privacy Policy means the privacy policy set out here, as updated from time to time;"Privacy Policy means our privacy policy, as updated from time to time;"
- Services means the access we provide to you and other related services that we make available to you via the App from time to time;
Virus means computer viruses, trojans, worms, logic bombs, disabling code or routines, or other material which is malicious or technologically harmful;
we, us, our, or NFU means
- National Farmers Union of England and Wales, a registered Employers Association under the Trade Union and Labour Relations (Consolidation) Act 1992 with the Certification Office number 245E, and an office at Agriculture House, Stoneleigh Park, Kenilworth, Warwickshire CV8 2TZ;
- NFU Services Limited, a company incorporated in England and Wales (Registered Number 03687910) having its registered office at Agriculture House, Stoneleigh Park, Kenilworth, Warwickshire, CV8 2TZ; or
- NFU Energy Limited, , a company incorporated in England and Wales (Registered Number 04056474) having its registered office at Agriculture House, Stoneleigh Park, Kenilworth, Warwickshire, CV8 2TZ;
- and includes a number of brand names under which they operate, for example, NFU Cymru, NFU Countryside, NFUPro, NFU Employment Service, FEC Energy (NFU Energy Service), Great British Chicken, Campaign for the Farmed Environment, Tried and Tested and TB Free England;
- you or your means the person accessing and using the App.
3. TERMS OF USE
3.1 These terms of use (together with the documents referred to in it) set out the terms and conditions on which you may use the App and the Services.
3.2 By using the App and the Services, you are accepting and consenting to: (i) the practices described in these terms of use (such use of the App includes downloading, installing, accessing, or using the App in any other way); and (ii) our use of thirty party suppliers to support our provision of the App or Services to you.
3.3 Please read these terms of use carefully before you start to use the App and the Services, as they will apply to your use of the App and the Services.
3.4 We may use third party suppliers to provide some or all of the Services.
3.5 By using the App and the Services, you confirm that you accept these terms of use and that you agree to comply with them.
3.6 If you do not agree to these terms of use, you are not permitted to use the App and or Services, and must immediately uninstall the App from your Mobile Device.
4. OTHER APPLICABLE TERMS
4.1 To use the App, you will require internet connectivity and appropriate telecommunication links.
4.2 The following terms also apply to your use of the App and the Services:
4.2.1 Our Privacy Policy, which sets out the terms on which we process any personal data that: (i) you provide to us and (ii) we collect from you;
4.2.2 The terms and conditions of the applicable App Store. If you do not accept these terms, you will not be able to download the App.
4.2.3 Any terms and conditions in relation to use of your Mobile Device, including those put in place by your Mobile Provider.
4.2.4 The terms which apply to your use of the App and the Services under the laws of the country in which you reside, receive Services, or use the App.
5. CHANGES AND UPDATES
5.1 We may amend these terms of use from time to time. Every time you wish to use the App and the Services, please check these terms of use to ensure you understand the terms that apply at that time.
5.2 We may update the App and the Services (and change the content on the App) from time to time. We will try to give you reasonable notice of any major changes but reserve the right to make changes as necessary without providing notice. Your continued use of the App after an update has been made signifies your acceptance of those changes. Depending on the update, you may not be able to use the App until you download the latest version and accept any new or additional terms.
6. ACCESSING THE APP
6.1 The App and the Services may only be used by current NFU members . We do not represent that the Services, App, and/or content available on or through the App are permitted by law, or is appropriate or available in locations in which we operate or where you may use the App. We may limit the availability of the App and the Services to any person or geographic area at any time at our discretion.
6.2 You may not use the App or any Services if:
6.2.1 You are located in a country which is subject to UK, EU, or US sanctions or embargo which impact the App or the use of similar services, or has been designated a "terrorist supporting country;" or
6.2.2 You are listed on any government list of prohibited or restricted persons.
6.3 You must not download the App from anywhere other than an App Store approved of by us, or install or use the App on a Mobile Device which has been jail-broken or rooted.
6.4 You may only download and use the App on Mobile Devices which belong to you or are under your control.
6.5 You are required to have a compatible Mobile Device with supported software on it to use the App, and we may ask you to update your Mobile Device, or may decide to no longer support certain devices or software.
6.6 In using the App or Services, you are not permitted to:
6.6.1 Use the App or Services in a fraudulent or malicious way, or in any way which is unlawful or in breach of these terms;
6.6.2 Allow any unauthorised person to use the App on your mobile device;
6.6.3 Change or modify the App (in any way), or reverse-engineer the App, or infringe on any intellectual property rights in relation to using the App or Service;
6.6.4 Attempt to unencrypt or otherwise intercept any transmission of data from the App to our servers; and
6.6.5 Use or attempt to use the App in any way which could disable or compromise our security or the Services, or interferes with the use of the App by other users.
7. COSTS
7.1 We will provide you with access to the App free of charge.
7.2 If you are not the bill payer for the Mobile Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App. You are solely responsible for any Mobile Provider costs and taxes associated with your use of the App.
8. REGISTRATION, LOGIN, AND SECURITY
8.1 To use the App and the Services, you will be required to have an active NFU membership which can be obtained on our website here.
8.2 After installing the App, in order to use it you must sign in using your Login Details. You may be asked to provide additional information as required as part of our security procedures. If your Login Details are saved on the App or your Mobile Device, we may ask you to re-enter your Login Details from time to time as a security measure.
8.3 If using your Mobile Device's stored biometric data (such as fingerprint or facial recognition data) to log in, we may ask you to manually enter your Login Details from time to time as a security measure. We will not collect or use your biometric data. If you elect to use your biometric data to access the App then you are fully responsible for managing how that data is used, and can control that data use through the appropriate menu settings of your Mobile Device. We do not recommend using biometric data to access the App if multiple people can access your Mobile Device using their biometric data.
8.4 You must treat your Login Details as confidential and you must not disclose them to any third party.
8.5 If you know or suspect that anyone other than you knows your Login Details, you must promptly notify us at [email protected]
9. PUSH NOTIFICATIONS
9.1 You agree to receive push notifications from us while using the App. You may turn these notifications off at any time by selecting the appropriate menu settings on your Mobile Device.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 We are the owner or the licensee of all intellectual property rights in the App and in the material published on it and the owner of all intellectual property rights of any nature arising out of or in connection with the use of the App or provision of the Services, including all trademarks, copyright, database rights, and other intellectual property rights (including the appearance and branding of the App and Services). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
10.2 The intellectual property rights associated with the branding, name, or use of the same belonging to the App Stores remain with those companies, and you may not use that intellectual property without first obtaining explicit consent to do so from the applicable companies.
10.3 The App may utilise or include open source software code of third party software and copyrighted material or may be subject to third party or open source licences.
10.4 We grant you a non-exclusive, revocable, and limited right to use the App and Services solely in accordance with these terms. At no time do you have permission to use our name or branding.
10.5 You will not, or allow any third parties to on your behalf, to:
10.5.1 Make and distribute copies of the App;
10.5.2 Attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate the App;
10.5.3 Create derivative works of the App;
10.5.4 Remove or tamper with any copyright notice attached to or contained in the App;
10.5.5 Rent, lease, sub-license, loan, translate, merge, adapt, vary, or modify any part of the App;
10.5.6 Make alterations to, or modifications of, the App, or permit the App to be combined with, or become incorporated in, any other programmes.
10.6 In using the App or any Services, you are solely responsible for compliance with any technology control or export laws and regulations which may apply to the technology used or supported by the App.
10.7 Any materials which can be downloaded or shared from the App are provided to you for your record-keeping purposes only. You must not modify any materials you have downloaded or shared in any way from the App, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or intellectual property marks. Our status (and that of any identified contributors) as the authors of content on the App must always be acknowledged. You must not use any part of the content on the App for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy, download, or share any part of the App in breach of these terms of use, your right to use the App and the Services will cease immediately and you must, at our option, promptly return, destroy, or delete any copies of the materials you have made or shared. If you share any content from the App in any form, including physical or electronic, you must at all times remain fully compliant with the terms of use or licences associated with whatever method you use to share the content (including via email or on social media platforms).
11. NO RELIANCE ON INFORMATION
11.1 The content on the App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the App.
11.2 Although we make reasonable efforts to update the information on the App, we make no representations, warranties or guarantees, whether express or implied, that the content or any information provided on the App is accurate, error-free, complete, or up-to-date.
11.3 The App and Services are provided "as is" and without warranty of any kind.
12. LIMITATION OF OUR LIABILITY
12.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
12.2 We shall have no liability to you under or in connection with these terms or your use of the App or Services (whether in contract, tort (including negligence) or any other cause) or if a relevant cause arises from your breach of these terms or actions (including your fraudulent activity or us following your instructions), events outside of our control, or the need to comply with legal requirements.
12.3 Notwithstanding the provisions of these terms, should a court of competent jurisdiction find us liable to you in relation to your use of the App or Services and that liability:
12.3.1 Relates to us not having met our obligations under applicable law to protect your personal information or keep it secure (but only insofar as that personal information is used in the App), or it relates to any obligation under applicable law which we cannot exclude (or limit, to the extent it cannot be limited), then we will be liable to the extent required by law; or
12.3.2 Relates to any other cause (regardless of the form of action or timing), then we will only be liable to you for loss or damage which you personally suffer under any claim or series of connected claims arising from the same cause up to a maximum of £1.00 in the aggregate.
12.4 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
12.4.1 use of, or inability to use, the App and/or the Services; or
12.4.2 use of or reliance on any content displayed on the App.
12.5 Please note that in particular, we will not be liable for:
12.5.1 loss of profits, sales, business, or revenue;
12.5.2 business interruption;
12.5.3 any loss in connection with any error, omission, defect, Virus or system failure;
12.5.4 loss of anticipated savings or investment gains;
12.5.5 loss of business opportunity, goodwill or reputation; or
12.5.6 any indirect or consequential loss or damage.
12.6 We will not be liable for any loss or damage caused by a Virus which may infect your Mobile Device, computer equipment, computer programs, data or other proprietary material due to your use of the App and/or the Services or in relation to your downloading any content from the App, or on or from any third party website linked to the App.
12.7 We will have no liability to you for damage or alterations to your Mobile Device as a result of the installation or use of the App.
12.8 We assume no responsibility for the content of third party websites linked on the App. Such links should not be interpreted as endorsement by us of those linked websites. We are not liable for any loss or damage that may arise from your use of them.
12.9 We are not responsible for, and do not check that you are a member of NFU, are trying to use the App or Services from an country which has been embargoed, sanctioned, or designated a "terrorist supporting country," or if you are on any government list of prohibited or restricted persons.
12.10 All information, content, and material displayed on the App is provided for information purposes only, and is not intended to be advice which you should rely on. We are not liable to you for any loss or damage arising from action or inaction resulting on your reliance on the information, content, or materials displayed on the App.
12.11 To the extent permitted by law, we exclude all other conditions, warranties, representations or other terms which may apply to the App and the Services or any content on it, whether express or implied.
12.12 You agree to reimburse us for any losses we incur as a result of your breach of, or failure to comply with, these terms or if we suffer any losses as a result of your use of the App.
13. SUSPENSION/TERMINATION OF APP USE AND SERVICES
13.1 We do not guarantee that the App and the Services (or any content on the App), will always be available or be uninterrupted. Access to the App and the Services is permitted on a temporary basis.
13.2 We may suspend, withdraw, discontinue or change all or any parts of the App and the Services without notice.
13.3 We may, at any time, suspend or terminate your use of the App and/or Services (in whole or in part) temporarily or permanently. We may do this:
13.3.1 if we are making repairs, updates, or conducting maintenance on our systems;
13.3.2 if we have concerns about the security of the App;
13.3.3 if we suspect that your Login Details have been compromised or used fraudulently or in an unauthorised way;
13.3.4 if we suspect that you may be using the App and/or Services in a fraudulent or unauthorised way or in violation of these terms;
13.3.5 if there are legal obligations which we have to meet;
13.3.6 if we are prevented from providing the App or Services for any reason beyond our reasonable control;
13.3.7 if you have not accessed or used the App or Services for a period of 12 months or more; or
13.3.8 for any other reason at our absolute discretion.
13.4 We will endeavour to give you advance notice of any suspension or termination, but may not be able to do so in all circumstances. We will not provide notice to you if providing that notice would compromise our security measures or is unlawful.
13.5 You may request the reactivation of your App account if we suspended or terminated it, but we are under no obligation to do so.
13.6 We will not be liable to you if for any reason any part of the App or Services are unavailable at any time or for any period.
13.7 You can terminate your use of the App or Services at any time by uninstalling or otherwise deleting the App from your Mobile Device. It is your responsibility to remove the App from your Mobile Device if you change your Mobile Device or otherwise dispose of it.
14. VIRUSES
14.1 We do not guarantee that the App and the Services will be secure or free from Viruses.
14.2 You are responsible for configuring your Mobile Device in order to access the App and use the Services safely. You should use and maintain your own virus protection software.
14.3 You must not misuse the App by knowingly introducing Viruses. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack.
15. LINKING TO THE APP AND PUBLICATION
15.1 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
15.2 You must not establish a link to the App in any website that is not owned by you.
15.3 The App must not be framed on any other website, nor may you create a link to any part of the App other than the home page.
15.4 You may not use our name or branding (including any trade mark) in any way without our prior written consent, which may be granted or rejected in our sole discretion.
15.5 We reserve the right to withdraw linking permission or the use of our name or branding without notice, and to approve or reject requests for permission at any time at our sole discretion.
15.6 If you wish to make any use of content on the App other than as set out above, please contact us at [email protected]
16. THIRD PARTY LINKS AND RESOURCES IN THE APP
16.1 The App may contain some material provided by third parties and we accept no responsibility or liability for the accuracy of such material.
16.2 No third party is permitted to link any other website to the App without obtaining our prior written consent.
16.3 Where the App contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources and any use of them by you is solely at your own risk.
17. MISCELLANEOUS
17.1 These terms constitute the entire agreement between us.
17.2 If any part of these terms becomes or is held by a court to be invalid, illegal, or unenforceable, this will not affect the validity of the remaining terms which will remain in full force and effect.
17.3 Ceasing to use the App or Services, including by uninstalling or deleting the App from your Mobile Device, does not affect any provision of these terms which is expressly or by implication intended to continue on in effect.
17.4 We may transfer our rights and obligations under these terms to another organisation at any time and at our discretion. You may not transfer your rights or obligations to anyone else.
17.5 No attempt by you to vary these terms will be valid.
17.6 These terms are written in the English language, and whilst we may elect to publish translations of these terms in other languages, those translations are provided for your convenience only. In the event of a conflict or discrepancy between the English version of these terms and that of any other language, the English version will prevail.
17.7 These terms, its subject matter and formation (and any non-contractual disputes or claims), and the use of the App and any Services, are governed by English law. We both agree to the exclusive jurisdiction of the courts of England in respect of any disputes.
18. TRADE MARKS
NFU (in both figurative and word formats) are UK registered trade marks of The National Farmers Union Trust Company Limited, a company registered in England and Wales (Registered Number 00248343), with a registered address of Agriculture House, Stoneleigh Park, Stoneleigh, Warwickshire CV8 2TZ, or its affiliated companies.
19. CONTACT US
If you have any questions regarding these terms of use, please contact us at [email protected].