Bluehoo – Terms of Service

Welcome to Sentient!

Your relationship with Sentient

This page (together with the documents referred to on it) tells you the terms on which you may make use of our service (“Service”) including website, api, mobile and PC software, whether as a guest or a registered user.

Where you download any software in order to use one of our services, you will be asked to click on the button marked “Accept” to indicate your acceptance of these terms, and that will form a contract between you, the user, and us, the provider. In addition, you should be aware that by using the Service or any software provided through the Service you indicate that you accept and agree to these terms of use. If you do not agree, you should refrain from using the Service and any associated software.

Information about us

The Service is operated by Sentient Limited (“We”). We are registered in England and Wales under company number 03058012 and have our registered office at 16 Taleworth Park, Ashtead, Surrey KT21 2NH.

We are a limited company.

The Service

To use the software and associated service you must be aged 13 or over. If you are under 18 and using the Service, you warrant and represent that your parent or guardian has consented to you using the Service.

By using the Service and associated software you agree that we may send you direct marketing messages to your device and/or email address relating to the Service and similar services provided by us. You acknowledge that you may opt out of this at any time by notifying us via the url in our Privacy Policy displayed on the Website or, in the case of Bluehoo, by uninstalling the software.

In addition, in the case of Bluehoo, by using the Service you acknowledge that you may receive marketing messages to your device relating to selected third party offers. BY SIGNING UP TO THE SERVICE YOU CONSENT TO RECEIVING THESE MESSAGES AND ACKNOWLEDGE THAT YOU MAY OPT OUT FROM RECEIVING THESE MESSAGES BY UNINSTALLING THE SOFTWARE.

You are responsible for providing the necessary documents and other materials and data which you want to upload onto the Service. You should note the restrictions on the use of the Service in terms of the volume of information, materials and data which you are permitted to store and/or submit.

We must emphasise that you are solely responsible for your own health and safety when undertaking or participating in sporting or other activities or challenges to be conducted and filmed for uploading onto the Service. We therefore strongly urge you to take advice from a suitably qualified person or health professional as appropriate beforehand and to ensure that proper and adequate health and safety measures and supervision are taken.

You agree not to use the Service:

(i) for any unlawful purpose;
(ii) to interfere with or disrupt the service or servers or networks connected to the Service nor to in any way attempt to do so or otherwise use the Service in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to the Service, other accounts, computer systems, or networks connected to the server or any part of the server, through hacking, password mining, or any other means;
(iii) to upload, post, print, store, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship.

In addition you warrant, undertake and represent that you will not provide any information to us that is in any way false or misleading, or that you do not have the right to disclose, in particular without limitation you warrant and represent that the credit or debit cards you have specified in the purchase order or registration form concerning the use of the Service and associated software are true and accurate in all respects and that the credit card or debit card so specified is yours or that you have the consent of the cardholder.

We reserve the right to refuse any information, materials and other content which we reasonably consider do not meet the requirements of the Service or we otherwise reasonably consider to be unlawful, offensive, blasphemous, indecent, defamatory or otherwise inappropriate. Please see below in relation to acceptable use and provisions regarding content.

We reserve the right to change the Service at any time.

We cannot and do not guarantee that the Service, website and/or software will be accessible all the time or free from interruption or delay or from viruses. However, we will take reasonable steps to ensure this. In addition, we will take reasonable steps to ensure that the Service and our website are secure and the content’s integrity maintained and there are suitable back up procedures in place to protect your content. If, however, despite taking these reasonable steps data is lost or becomes corrupted, we will not be liable for any loss or damage to such content and materials. If any data or content is lost prior to being backed up, you will need to re-input it.

You acknowledge and agree that you are responsible for any data, content and service charges payable to service providers as a result of using the Service, whether the charges are incurred on a pay as you go or other subscription.

Advertising

Some of the Services are supported by advertising revenue and my display advertisements and promotions. The advertisements may be targeted to the content of information stored on the Services or made through the Services, or other information.

The manner, mode and extent of advertising by Sentient on the Service are subject to change without specific notice to you.

In consideration for Sentient granting you access to and use of the Services, you agree that Sentient may place such advertising on the Services.

Transmissions and storage

There is currently no limit on the size of files or data you wish to upload to the Service and the amount of data and files you may hold under the Service, however, Sentient reserve the right to impose a limit.

You acknowledge that enjoyment of the Service by other users may be affected if you transmit or attempt to transmit large volumes of data or files and agree to use the Service sensibly and with consideration for other users.

The Software

We grant you a non-exclusive, non-transferable, non-sublicensable licence to use the software in connection with the use of the Service, for your own private and non-commercial use.

You agree:

(a) not to make alterations to, or modifications of, the whole or any part of the software nor permit the software or any part of it to be combined with, or become incorporated in, any other programs;
(b) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the software nor attempt to do any such things except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the software with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the software with another software program;
(ii) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it; and
(iii) is not used to create any software which is substantially similar to the software;
(c) to keep all copies of the software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the software.

The software which you use may automatically download and install updates from time to time from Sentient. These updates are designed to improve, enhance and further developer the Service and may take the form of bug fixes, enhanced functions, new software modules and complete new versions. You agree to receive such updates (and permit Sentient to deliver these to you) as part of your use of the Service.

Uploading material

Whenever you make use of a feature that allows you to upload material to the Service, or to make contact with other users of the website or Service, you must comply with the content standards set out in these terms of use. You warrant that any such contribution does comply with those standards, and you indemnify us for any costs, expenses or damages incurred by us or a third party in respect of any breach of that warranty.

In particular you undertake and agree not to submit any content which:

reveals any confidential or sensitive information of any third party;
contains any material which you do not have permission to use (including material which may be protected by copyright, moral right, trade marks or any other intellectual property or proprietary right);
contains viruses or any other components with harmful or contaminating effects on the Service, website or the associated software, and any device or equipment using the Service, website or software;
belongs to a third party or constitutes personal data relating to a third party, as such term is defined by Data Protection legislation.

Any material you upload to the Service will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Service constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Service, website or software.

We will not be responsible, or liable to any third party, for the content or accuracy of any of your content posted by you or any other user of the Service, software or website. You are solely responsible for this.

You are responsible for ensuring that the equipment you use for uploading information, content and/or data onto the Service, such as computers, mobile phones or any other means is your personal property. If the equipment does not belong to you and/ or you will incur a charge for the usage of the equipment, it is your responsibility to obtain the owner’s consent prior to uploading any material onto the Service.

You agree that the content posted by you may be hosted and/or archived by any third party we deem suitable.

Intellectual Property in Your Content

We do not claim ownership of the intellectual property rights in relation to the content submitted by you (“Your Content”). However, by submitting Your Content to the Service you grant us and to each user of the Service the right to use Your Content until it is deleted by you or we remove it.

Monitoring Content

We do not actively monitor the content submitted by users to the Service. You acknowledge that you are solely responsible for all content, data or images that you upload and/or store using the Service. Without prejudice to the foregoing, we reserve the right to review materials stored and/or posted and to remove any materials and other content in its sole discretion and/or to suspend Your Content from display on the Service.

We reserve the right at all times to disclose any information we may deem necessary to satisfy any applicable law, regulations, legal process or governmental request, or to edit, refuse to post, suspend or remove any information content or materials, in whole or in part in our sole discretion.

We also have the right to disclose your identity (where known) to any third party who is claiming that any materials posted or uploaded by you to the Service constitutes a violation of their intellectual property rights, or of their right to privacy or is otherwise unlawful or claimed to be unlawful.

User Disputes

You are solely responsible for your interactions with other Service users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Termination

We may terminate your use of the Service and associated software, and remove Your Content, at any time, with or without notice, if, in our sole discretion, you are in breach of any of these terms of use or if any competent authority requires us to do so.

We may terminate the hosting of Your Content and suspend the Service if any event outside our reasonable control affects our ability to provide the Service and such event continues for a period of 14 days or more. We shall not be liable to you for any delay or failure to perform the Service or host the website for any such reason beyond our reasonable control including (without limitation) governmental acts, war, riots, strikes or trader disputes, technical failure, general availability of the internet, power failure, communications failure, weather, flood, fire, explosion, act of God, natural or local emergency.

The contract for the supply of the Service will automatically terminate with immediate effect if we become insolvent, unable to pay our debts, suffer a winding up order or otherwise cease trading.

On termination we may, in our sole discretion, continue to use Your Content, unless you delete it.

Cancellation

You should note that the Consumer Protection (Distance Selling) Regulations do not apply to the contract for the provision of the Service which means that if you download the software and then change your mind, you will still be liable to pay any payments due for use of the software and Service and no refund will be due to you.

Warranties

We warrant that we will provide the Service and the software enabling use of the Service with reasonable care and skill. All other warranties, representations, terms and other conditions regarding the Service, website and associated software (whether express or implied, statutory or otherwise) are excluded to the fullest extent permissible by law.

Disclaimer

The Service and the software enabling use of the Service shall be provided with reasonable skill and care. Subject to the foregoing, the software and accompanying files are provided "as is" and without warranty, condition or representation except as expressly stated in these terms of use. Any warranty, condition, representation or other term concerning the supply of the Service or associated software which might otherwise be implied into, or incorporated in, the agreement between us, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law. Without prejudice to the generality of the foregoing, no warranty of fitness for a particular purpose is offered. You acknowledge that the Service and associated software has not been created to meet your specific requirements and that it is therefore your responsibility to check that the facilities and functionality of the Service and associated software meet your requirements. You acknowledge that the Service and associated software may not be free of minor bugs, errors and/or viruses and agrees that the existence of such minor bugs, errors and/or viruses does not constitute a breach of the agreement between us and that we will not be liable for any loss or damage caused by any such minor bugs, errors and/or viruses. You acknowledge that it is your responsibility to use up to date effective anti-virus software on your device(s). Further, due to the wide variety of mobile devices available on the market, we cannot guarantee the trouble-free operation of the software with every device. In no event will we be liable to you for any loss of profits, loss of actual or anticipated savings, loss of data, loss of goodwill, or for any incidental, indirect, special or consequential loss or damages, arising out of your use or inability to use the service or software or our breach of the contract between us, or out of our negligence even if advised of the possibility of such damages. We do not assume liability for any losses due to the malfunction of the software. Without prejudice to the foregoing, any liability of ours for malfunction of the software will be limited exclusively to product replacement or a refund of any licence fee. In all other circumstances, the total liability of us under the contract between us or in connection with the provision of the software and/or Service shall not exceed the greater of the fees paid by you in the 12 month period prior to the occurrence of the default complained of, or £25.

Without prejudice to the generality of the foregoing, no warranty of fitness for a particular purpose is offered. You acknowledge that the Service and associated software has not been created to meet your specific requirements and that it is therefore your responsibility to check that the facilities and functionality of the Service and associated software meet your requirements. You acknowledge that the Service and associated software may not be free of minor bugs, errors and/or viruses and agrees that the existence of such minor bugs, errors and/or viruses does not constitute a breach of the agreement between us and that we will not be liable for any loss or damage caused by any such minor bugs, errors and/or viruses. You acknowledge that it is your responsibility to use up to date effective anti-virus software on your device(s). Further, due to the wide variety of mobile devices available on the market, we cannot guarantee the trouble-free operation of the software with every device.

In no event will we be liable to you for any loss of profits, loss of actual or anticipated savings, loss of data, loss of goodwill, or for any incidental, indirect, special or consequential loss or damages, arising out of your use or inability to use the service or software or our breach of the contract between us, or out of our negligence even if advised of the possibility of such damages.

We do not assume liability for any losses due to the malfunction of the software. Without prejudice to the foregoing, any liability of ours for malfunction of the software will be limited exclusively to product replacement or a refund of any licence fee.

In all other circumstances, the total liability of us under the contract between us or in connection with the provision of the software and/or Service shall not exceed the greater of the fees paid by you in the 12 month period prior to the occurrence of the default complained of, or £25.

Force Majeure:

We will not be liable for any failure or delay in performance, if such failure or delay is due to causes beyond its reasonable control, including but not limited to common carrier outages, natural disasters, wars or civil disturbances.

Nothing in these terms of use shall exclude or in any way limit our liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent that it may not be excluded or limited as a matter of law. Nothing in these terms of use shall operate to exclude or limit our liability for death or person injury caused by our negligence or for any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.

This does not affect your statutory rights.

Notices

All notices given by you to us must be given to Sentient Limited at info@sentient.co.uk. We may give notice to you at either the e-mail or postal address you provided to us when registering to use the software or service or by sending a message to your device. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail or electronic message is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail or other electronic message, that such e-mail or electronic message was sent to the specified e-mail address of the addressee.

Rights of Third Parties

The agreement between us is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person.

Assignment

The agreement between us is personal to you and may not be assigned or otherwise dealt with without our prior written consent.

Law and Jurisdiction

These terms of use are subject to and construed in accordance with English law and both you and us submit to the jurisdiction of the English courts.

Change to the Terms

Sentient may make changes to these terms or additional terms from time to time. When these changes are made, Sentient will make a new copy of the terms available at www.sentient.co.uk/tos.

You understand and agree that if you use the Services after the date on which the terms have changed, Sentient will treat your use as acceptance of the updated terms. If you do not accept the amendments you should cease use of the Service.