End User Licence Agreement
Version 1 (September 2022)
BCB Group Mobile App is licensed to You (‘End-User’) by BCB Digital Limited, a company incorporated under the laws of England and Wales with company number 12071985 having its registered office 5 Merchant Square, London,England, W2 1AS (‘Licensor’), for use only under the terms of this Licence Agreement.
By downloading the Licensed Application from Apple’s software distribution platform (‘App Store’) and Google’s software distribution platform (‘Play Store’), and any update thereto (as permitted by this Licence Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Licence Agreement, and that You accept this Licence Agreement. App Store and Play Store are referred to in this Licence Agreement as ‘Services’
The parties of this Licence Agreement acknowledge that the Services are not a Party to this Licence Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. The Licensor, not the Services, is solely responsible for the Licensed Application and the content thereof.
This Licence Agreement may not provide for usage rules for the Licensed Application that are in conﬂict with the latest Apple Media Services Terms and Conditionsand Google Play Terms of Service (‘Usage Rules‘). The Licensor acknowledges that it had the opportunity to review the Usage Rules and this Licence Agreement is not conﬂicting with them.
BCB Group Mobile App when purchased or downloaded through the Services, is licensed to You for use only under the terms of this Licence Agreement. The Licensor reserves all rights not expressly granted to You. BCB Group Mobile App is to be used on devices that operate with Apple’s operating systems (‘iOS’ and ‘Mac OS’) or Google’s operating system (‘Android’).
BCB Group Mobile App (‘Licensed Application‘) is a piece of software created to allow customers and their representatives to securely authenticate their logins to the BCB Group payments console (when they ﬁrst register for the payments console, as well as periodically thereafter). The BCB Group Mobile App will be used to generate a secure 6-digit code or to approve a notiﬁcation to authenticate a customer login. The app can only be used to authenticate access to BCB Group services. BCB Group may add other functionality to the BCB Group Mobile App in future to enhance the BCB Group customer experience.
The Licensed Application is not tailored to comply with industry-speciﬁc regulations, so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA) (if applicable to You).
Scope of Licence
- You are given a non-transferable, non-exclusive, non-sublicensable licence to install and use the Licensed Application on any Devices that You own or control and as permitted by the Usage Rules.
- This licence will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the ﬁrst Licensed Application, unless a separate licence is provided for such update, in which case the terms of that new licence will govern.
- You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with the Licensor’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
- You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with the Licensor’s prior written consent).
- You may not copy (excluding when expressly authorised by this licence and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this licence, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
- Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to legal action and damages.
- Licensor reserves the right to modify the terms and conditions of licensing.
- Nothing in this licence should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
- You acknowledge that it is Your responsibility to conﬁrm and determine that the app End-User device on which You intend to use the Licensed Application satisﬁes the technical speciﬁcations mentioned above.
- Licensor reserves the right to modify the technical speciﬁcations as it sees appropriate at any time.
Maintenance and Support
- The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.
- The Licensor and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this Licence Agreement.
- You have the written consent, release, and/or permission of each and every identiﬁable individual person in your Contributions to use the name or likeness or each and every such identiﬁable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this Licence Agreement.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, ﬁlthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a speciﬁc person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of this Licence Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this Licence Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.>
By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
- Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to any liability in respect of death or personal injury.
- Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Licence Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application made by you, You will not have access to the Licensed Application.
- Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
- No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorisedly modiﬁed, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of the Licensor’s sphere of inﬂuence that affect the executability of the Licensed Application.
- You are required to inspect the Licensed Application immediately after installing it and notify the Licensor about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been emailed within a period of ﬁve (5) days after discovery.
- If we conﬁrm that the Licensed Application is defective, the Licensor reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
- In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
The Licensor and the End-User acknowledge that the Licensor, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
- product liability claims;
- any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection, privacy, or similar legislation…
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a ‘terrorist supporting’ country; and that You are not listed on any US Government list of prohibited or restricted parties.
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
5 Merchant Square
The licence is valid until terminated by the Licensor or by You. Your rights under this licence will terminate automatically and without notice from the Licensor if You fail to adhere to any term(s) of this licence. Upon Licence termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
Third-party Terms of Agreements and Beneficiary
The Licensor represents and warrants that it will comply with applicable third-party terms of agreement when using Licensed Application.
In accordance with Section 9 of the ‘Instructions for Minimum Terms of Developer’s End-User Licence Agreement’, both Apple and Google and their subsidiaries shall be third-party beneﬁciaries of this End User Licence Agreement and upon Your acceptance of the terms and conditions of this Licence Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User Licence Agreement against You as a third-party beneﬁciary thereof.
Intellectual Property Rights
The Licensor and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes on the third party’s intellectual property rights, the Licensor, and not the Services, will be solely responsible for the investigation, defence, settlement, and discharge or any such intellectual property infringement claims.
This Licence Agreement is governed by the laws of England and Wales and the English courts shall have exclusive jurisdiction in respect of any disputes arising hereunder…