App terms of use

PLEASE READ THESE APP TERMS OF USE CAREFULLY

BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS OF USE WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, CLICK ON THE “REJECT” BUTTON BELOW.

1. Who we are and what these Terms of Use do

We Withers LLP of 20 Old Bailey, London, EC4M 7AN license you to use:

• ‘W’ mobile application software, the data supplied with the software, (the ‘App’) and any updates or supplements to it.
• The related electronic documentation (‘Documentation’).
• The service you connect to via the App and the content we provide to you through it (the ‘Services’).
• As permitted in these Terms of Use.

The App is a tool to assist and promote the recruitment of partners to Withers. Whilst the app will be freely available for download on iTunes and Play, access can only be granted to pre-authorised accounts. Users will be sent their login details via a separate system (e.g. email). Once logged in, the user will be able to access selected information about the firm.

2. Your privacy

2.1 Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in the App Privacy Notice and it is important that you read that information.

2.2 Please be aware that internet transmisssions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

3. App store terms also apply

The ways in which you can use the App and Documentation may also be controlled by the rules and policies of the app store from which you download the App, and those rules and policies will apply instead of these Terms of Use where there are differences between the two.

4. Support for the App and how to tell us about problems

4.1 Contacting us (including with complaints). If you have any problems with the App or the Services or wish to contact us for any other reason please contact recruitment@withersworldwide.com.

4.2 How we will communicate with you. If we have to contact you we will do so by email, by push notification or telephone, using the contact details you have provided to us.

5. How you may use the App

In return for your agreeing to comply with these Terms of Use you may:

• download a copy of the App onto your device and view, use and display the App and access the Services on such device for your personal purposes only.
• use any Documentation to support your permitted use of the App and the Service.
• provided you comply with the Licence Restrictions set out below, make one copy of the App and the Documentation for back-up purposes; and
• receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

6. You may not transfer the App to someone else

We are giving you personally the right to use the App and the Services as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free.

7. Changes to these Terms of Use

7.1 We may need to change these Terms of Use to reflect changes in law or best practice or to deal with additional features which we introduce.

7.2 We will give you at least ten days’ notice of any change by notifying you of a change when you next start the App.

7.3 If you do not accept the notified changes you will not be permitted to continue to use the App and the Services.

8. Updates to the App and changes to the Services

8.1 From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

8.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

9. If someone else owns the phone or device you are using

If you download the App onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms of Use, whether or not you own the device.

10. We may collect technical data about your device

By using the App or any of the Services, you agree to us collecting and using technical information about the device you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

11. We are not responsible for other websites you link to

11.1 The App or Documentation may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

11.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

12. Licence restrictions

12.1 You agree that you will:

• not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
• not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these Terms of Use;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
• is not disclosed or communicated without Withers LLP’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
• is not used to create any software that is substantially similar in its expression to the App;

• is kept secure; and
• is used only for the Permitted Objective;
• comply with local laws that apply to you if you choose to access the App or Services from locations outside the United Kingdom.

13. Acceptable use restrictions

You must:

• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these Terms of Use);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

14. Intellectual property rights

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these Terms of Use.

15. Limits on our liability to you

15.1 The App and the Services have not been developed to meet your individual requirements. Documentation and any other content accessed via the App is provided for your general information purposes only and to inform you about us, the Services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

15.2 While we try to make sure that the App is available for your use, we do not promise that the App is available at all times nor do we promise the uninterrupted use by you of the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Services.

15.3 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

• losses that: (i) were not foreseeable to you and us when these Terms of Use were formed; or (ii) that were not caused by any breach on our part;
• business losses; and
• losses to non-consumers.

16. We shall have no liability to you for any breach of these Terms of Use caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

17. We may end your rights to use the App and the Services if you break these Terms of Use

17.1 We may end your rights to use the App and Services at any time by contacting you if you have broken these Terms of Use in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

17.2 If we end your rights to use the App and Services:

• You must stop all activities authorised by these Terms of Use, including your use of the App and any Services.
• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
• We may remotely access Withers owned devices and remove the App from them and cease providing you with access to the Services.

18. General

18.1 We may transfer our rights and obligations under these Terms of Use to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

18.2 No one other than a party to these Terms of Use, their successors and permitted assignees shall have any right to enforce any of its provisions.

18.3 Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

18.5 To the extent possible, these Terms of Use are governed by English law and you can bring legal proceedings in respect of the products in the English courts.