Terms & Conditions

Ur Back Up UK CIC: 13947494 
Terms and Conditions. 

YOUR USE OF THE UR BACK UP APP

The Ur Back Up App is designed to enable personnel and veterans of the British Armed Forces to mental health support.  It is your own responsibility to use the Ur Back Up App in the way it us intended, and at your own risk as to how your use affects you.  Under no circumstances can the Ur Back Up App replace psychological, psychiatric or other professional diagnosing and/or treatment by trained professionals.  We do not take any responsibility for the actions of the user or charities while utilising the platform.  The Ur Back Up App, can under no circumstances, be held liable for the consequences of your use, including any emotional or physical affects.

Do not rely on the Ur Back Up App during a time of medical emergency.  The app offers an avenue to finding support but cannot be held liable for any delays in support being achieved, or of any harm or self-harm which comes to yourself from any of these delays.  

If you are experiencing a medical emergency, including thoughts of harm to yourself or others, please immediately contact emergency medical services such as 999, or a crisis hotline – The Samaritan’s and Combat Stress numbers can be found through pressing ‘red’ on the app.  We are not responsible or liable for any interaction with these external emergency/crisis services. 
 

The Ur Back Up App has been designed for military personnel and veterans.  It is not set up for civilian use and is not to be used by anyone under the age of 18.  Any civilian, or person under 18, who is attempting to use the app, is choosing to violate the terms of use, and we cannot be held liable for their use or any harm which comes to them through using it.  If we discover that a person using the app is not a serving member or veteran of the British Armed Forces, or is under the age of 18, we will immediately delete that individuals account and information.  We will also alert the charity they are connected too, unless they have been the ones to inform us.  We do not carry out background checks on individuals registering on the app.  It is the responsibility of the charities themselves to check this.  We hold no liability for any individual, who is not within the charities’ criteria for use, utilising their services.  It is the responsibility of the charity to inform the Ur Back Up App immediately, if an individual is using the app, when they are in fact violating the characteristics set for use.   

Charities must be registered as either a non-profit company or a charity.  They must work to serve with British Armed Forces serving personnel or veterans with mental health support.  Charities agree to host initial contact with users, upon ‘amber’ submission, within 48 hours.  Charities agree to host initial contact with users, upon ‘red’ submission, within 24 hours.  Interaction with users, known or previously unknown to the charity, is done so at the charities own risk.

LICENSE AGREEMENT

The ‘Ur Back Up’ app may be obtained via download through the Apple iTunes App Store (“iTunes”) or through the Google Play Store App. This paragraph applies to any application version of the Ur Back Up app.  You are solely responsible for ensuring that your devices are compatible with either the iTunes or Google Play app. 
 
This Agreement is entered into between you and Ur Back Up UK CIC. Apple, Inc. (“Apple”) and Google LLC (google) are not party to this Agreement and shall have no obligations with respect to the Ur Back Up app.  Ur Back Up UK CIC, not Apple nor Google, is solely responsible for the Ur Back Up app, including any maintenance and support, and the content thereof as set forth hereunder.  As the app is free to download and use, neither Ur Back Up UK CIC, Apple or Google, are liable or responsible for addressing any end-user or third-party claims related to the Ur Back Up app, including, but not limited to product liability claims.

DISCLAIMERS

Your use of the UR Back Up app is done so at your own risk.  We do not present or warrant that the app will be uninterrupted or error free, nor do we guarantee that the app is free of viruses or other harmful components, but that any known defects will be corrected if they arise.  We do not make any warranties or representations regarding completeness, correctness, accuracy, adequacy, usefulness, timeliness or reliability of the app, nor of any of the charities using the app.  No advice or information, whether through Ur Back Up UK CIC or an app connected charity, will create any warranty not expressly made herein.  We do not hold any liability to the charities utilising the app if any errors should occur which prohibits or reduces their work effectiveness or reputation.  We do not hold any liability to the users of the app if any errors should occur which prohibits or reduces their access to support.          
 

Ur Back Up UK CIC is not liable for any criminal acts including but not limited to: abuse, misconduct, threat, assault, fraud, act of terrorism, or any other inappropriate or criminal  behaviour, shown towards (a) a charity by a user of the Ur Back Up app, or (b) shown towards a charity by somebody who has accessed their information through the connected website or social media pages, or (c) shown towards a user by a charity on the Ur Back Up app, or (d) shown towards a user by somebody who has accessed their information through the connected website or social media pages.   

Although due diligence will be done to provide the best support options to users, Ur Back Up UK CIC does not endorse any specific charity, beyond allowing it to use the app, and sharing it’s information on the linked website or social media channels.  Users choosing to engage with the charities on the app do so at their own risk.  Anybody choosing to donate to, or use the services of, any of the charities on the Ur Back Up app do so at their own risk.   

LIMITATIONS OF LIABILITY

Ur Back Up UK CIC does not assume any responsibility for, and will not be liable for, any damage to or any virus that may affect your computer, equipment, mobile devise or any other property caused by – or arising from – your access to, or use of, or browsing of, or downloading of, the UR Back UP app.  In no event will Ur Back Up, or any of its directors, employees, affiliates or successors, nor any party involved in the creation, production or transmission of the Ur Back Up app, be liable to you or anyone else for any direct, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost data or business interruption)  arising out of the use, or inability to use, the Ur Back Up app, any websites or social media linked to the Ur Back Up app, whether based on warranty, contract, tort or any other legal theory, and whether or not advised of the possibility of such damages.  You specifically acknowledge that Ur Back Up UK CIC, shall not be liable for user conduct, nor any defamatory, offensive, or illegal conduct from the user or any of the third-party charities. The risk of harm or damage from the foregoing, rests entirely with yourself.  In the event of any problems with the Ur Back Up app, you agree to contact us to inform us immediately and, you may need to cease use of the app immediately.  

DATA PROTECTION  

The Ur Back Up app will hold the information freely given by yourself until the termination of your account.  Users will automatically have their information shared with the third party charity that they have connected too.  Ur Back Up UK CIC is not liable for any data leak, sale or further third-party sharing of user information from the third-party charities using the app.   

We collect personal information that you voluntarily provide to us when you (a) register on the app, (b)express an interest in obtaining information about us or our app and services through the website, social media, or email 

The personal information we collect from users, and share with the third-party charity they have chosen, include name, (former) military information, email and phone number.  We collect email information for the third-party charities during registration.      

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.  We keep information held and shared to a minimum to prevent damage caused by any potential data leaks or hacking.  We are not liable for any damage caused by a data leak or hacking.     

We may also collect information through cookies and similar technologies, which could include, Log and Usage Data, Device Data and Location Data.  

We may also, or in the future, access your geo-location information, mobile device access permissions, mobile device data and push notifications.  

We only process, store or share your information for purposes based on legitimate business interests, the fulfilment of our contract with you, compliance with our legal obligations, and/or your consent.  If it is deemed necessary to share your information with a third-party emergency service or crisis responder, we will do so.  We are not liable for any further interactions, data collection or communication between yourself and those third-parties we have deemed it necessary to share your information with.  

We may use the information we collect or receive: 

  1. To facilitate account creation and login processes 
  2. To facilitate access of users to third-party charities 
  3. To request feedback 
  4. To enable communications  
  5. To manage account 
  6. To protect our services  
  7. To send administrative information or notifications to you 
  8.  To enforce our term and conditions and policies 
  9. To pass onto third-party emergency or crisis support 
  10. To comply with legal or regulatory requirements  
  11. To respond to legal requests 
  12.  To facilitate criminal investigations into a user or third-party charity 
  13. To respond to inquiries 
  14. To share testimonials – express consent will be requested for name sharing, otherwise a name may be made up in place. 
  15. To share third-party charity information on our website and social media platforms as we wish 

By using the Ur Back Up app, you are consenting to us accessing, using or sharing your data in the ways specified above.  We will not request consent unless previously agreed. 

Information will not be transferred internationally from the United Kingdom.  Information from users and third-party charities in the United States of America, who may use this app, will be transferred internationally from the United States of America to the United Kingdom.   

User information will not be shared with another user or charity, outside of their chosen third-party charity.  If a user changes their chosen charity, Ur Back Up UK CIC holds no responsibility or liability, for the data help by previously chosen charities.  It is the responsibility of the user to inform the chosen charity of their wish to change and to have their data removed from their own internal data storage systems – unless expressly, and separate to this agreement, it has been arranged for Ur Back Up UK CIC to engage with the charity on the users behalf.   

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us. 

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. 

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be completely secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, as well as through the sharing of personal information to third party charities, sharing your information within the app or website is at your own risk. You should only access the app or website within a secure environment.   

We hold no responsibility or liability for breaches of data security from the third-party charity of which a user is connected to or has been connected too previously.   

You have certain rights under applicable data protection laws, which may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability.  

In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided by Ur Back Up UK CIC.  We will consider and act upon any request in accordance with applicable data protection laws. You have the right to withdraw your consent and request to deactivate your account at any time. This will not affect the processing of your personal information conducted in emergency or crisis situation or on lawful processing grounds other than consent. 

Account Information  

If you would at any time like to review or change the information in your account you can do so yourself through the app for users or through the website for charities.  Alternatively, or if you’d like to terminate your account, you can contact us using the contact information provided. 

Upon your request to terminate your account, we will delete your account and any information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements. 

Users and charities will be informed of updates to this policy.  This policy can be accessed at any time through the Ur Back Up website.   

Termination

1. Users and charities may terminate their account by contacting Ur Back Up through the website.  Ur Back Up UK CIC holds the right to terminate any account if it is deemed to be against user policy, 
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2. Termination of this agreement is without prejudice.  It does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
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Dispute Resolution
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1. If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
             1. Includes or is accompanied by full and detailed particulars of the Dispute; and
             2. Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
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2. Within 10 Business Days after a Dispute Notice is given, a representative (with the authority to resolve the dispute) parties must meet (virtually or otherwise) and seek to resolve the Dispute.
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3. Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
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4. Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, or declaratory relief in respect of a Dispute.
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5. Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.

Electronic Communication, Amendment & Assignment
(In this section, User refers to both British Armed Forces serving personnel, veterans and the charities) 

  1. The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning. 
  2.  The User agrees that when they provide any consent, authority or agreement through Ur Back Up UK CIC, does so as an electronic transaction and warrants that such transaction shall be binding on the party.
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  3. The User agrees that any request for a consent, authority, or agreement it sends to other Users through the Ur Back Up app as an electronic transaction may be sent directly from its email address.
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  4. The User can direct notices, enquiries, complaints and so forth to Ur Back Up UK CIC as set out in this Agreement.  The Company will notify the User of a change of details from time-to-time.
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  5. The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.  It is the Users responsibility to change notification settings as needed.  It is the Users responsibility to communicate any problems with the app or with other users immediately and directly through the contact details provided by Ur Back Up UK CIC.
  6.  A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.7. Notices must be sent to the parties’ most recent known contact details.8. The User may not assign or otherwise create an interest in this Agreement.9. The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.General1. Special Conditions. The parties may agree to any special conditions to this Agreement in writing.
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    2. Prevalence. To the extent this Agreement is in conflict with, or inconsistent with, the terms of any other Agreement between the Company and the User, or any special conditions made under this Agreement, as relevant, the terms of those other agreements or special conditions shall prevail.3. Disclaimer.  Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.4. Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.5. Waiver.  No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.6. Further Assurances.  Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement.

    7. Governing Law.  This Agreement is governed by the laws of th7. Governing Law.  This Agreement is governed by the laws of the England, United Kingdom.  Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.

    8. Severability.  Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement. ‍

If you have any questions or concerns about these terms or conditions, or our practices with regards to your personal information, please contact us at info@urbackup.co.uk