Valid from: December 6, 2018
Last amended: n.a.
The MyConvaTec mobile application (the “App”) is made available by ConvaTec Ltd., a company registered in England and Wales with number 01309639 and with registered address GDC First Avenue, Deeside Industrial Park, Deeside, Flintshire, CH5 2NU, United Kingdom(“ConvaTec”, “us”, “we” or “our”).
The purpose of this App is to provide ConvaTec employees with communication tools such as bulletin boards, forums and/or other messaging and communication methods designed to enable ConvaTec to communicate with its employees and you to communicate with your fellow employees.
App and Related Terms
Depending on the version of the App you have downloaded, these App Terms incorporate Apple’s or Google Android’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.
We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App.
Use of the App
ConvaTec hereby grants you a non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use and only on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and in accordance with these App Terms (“User License”). All other rights in the App are reserved by ConvaTec.
In the event of your breach of these App Terms we will be entitled to terminate the User License immediately.
You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
Intellectual Property Content Ownership
The ConvaTec name and logo, and other ConvaTec trademarks, service marks, graphics and logos used in connection with the App are trademarks of ConvaTec (collectively “ConvaTec Trademarks”). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The ConvaTec Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of ConvaTec or the applicable trademark holder. The App and the ConvaTec Content featured in the App, including materials and other items relating to ConvaTec and its products and services, and similar items from ConvaTec’s licensors and other third parties, are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to ConvaTec and its licensors.
You retain your rights to any user Content you submit, post or display on or through the App. You grant ConvaTec a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, host, run, copy, reproduce, process, adapt, translate, modify, publish, transmit, display and distribute Your content for the purposes of providing, supporting, enhancing, and developing our products and services. All Your content must comply with the provisions of the Acceptable Use section below.
Use of this App is subject to compliance with ConvaTec’s Social Media Policy, Code of Ethics and other employee directed policies issued by ConvaTec from time to time (available on Catalyst here or through your HR Business Partner. You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (the “Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and You acknowledge that by using the App and its services you may be exposed to Content that may offend you. ConvaTec will not be liable in any way for any Content of for any loss or damage of any kind resulting from the use of any Content transmitted via the App or its services and You agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
You agree not to use the App or its services in any way that:
is unlawful, illegal or unauthorised;
is defamatory of any other person;
is obscene or offensive;
promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringes any copyright, database right or trade mark of any other person;
is likely to harass, upset, embarrass, alarm or annoy any other person;
is likely to disrupt our service in any way;
makes available or uploads files that contain a virus, worm, trojan or corrupt data that may damage the operation of the compute or property of another;
collects or stores personal information about others, including personal information;
advertises or offers to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
impersonates any person or entity for the purpose of misleading others; or
advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
The above are by way of example and not limitation.
ConvaTec is under no obligation to monitor, screen or sanction the App services but shall be entitled to review materials posted to a communication facility and, at its sole discretion, to remove at any time and without notice any material that breaches these App Terms or is otherwise objectionable. ConvaTec shall also be entitled to block Your access to this App should You fail to respect the App Terms.
You agree to indemnify ConvaTec for any breach of these App Terms. ConvaTec reserves the right to control the defence and settlement of any third party claim for which you indemnify ConvaTec under these App Terms and you will assist us in exercising such rights.
ConvaTec provides the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, ConvaTec does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content. ConvaTec further reserves the right to modify, suspend, cancel or discontinue the App at any time or terminate your access to the App due to your failure to comply with these App Terms.
To the fullest extent permitted by applicable law, ConvaTec hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.
Reliance on Information
The App is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the App. THE APP IS IN NO WAY TO BE CONSIDERED OR USED AS A REPLACEMENT FOR OFFICIAL COMMUNICATIONS FROM OR BY CONVATEC.
Exclusion of ConvaTec’s Liability
Nothing in these App Terms shall exclude or in any way limit ConvaTec’s liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.
To the fullest extent permitted under applicable law, in no event shall ConvaTec be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device failure or malfunction.
ConvaTec shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.
In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall ConvaTec’s liability arising under or in connection with these App Terms and your use of the App exceed £50.
These App Terms shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute between them arising under or in connection to these App Terms.
If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
If you have any questions regarding our App, you can email us firstname.lastname@example.org
© 2018 ConvaTec