PLEASE READ THESE APP TERMS AND CONDITIONS CAREFULLY. BY DOWNLOADING THE LVN APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE APP.
1. WHO WE ARE
1.1 We, Local Village Network (formerly London Village Network, “LVN“, “we” or “us“) of 27 Pear Tree Street, London, EC1V 3AG with Registered Charity Number: 1161275, license you to use the LVN mobile software application and any updates or supplements to it (together, the “App“), and the services and content provided via the App (the “Services“) in accordance with these terms.
1.2 LVN’s mission is to bring community and businesses together for the advantage of young people.
1.3 The ways in which you can use the App may also be controlled by the Google Play Store’s and / or Apple App Store’s rules and policies.
2. WHAT WE DO
2.1 The Services offered by LVN on the App include:
(a) The signposting of opportunities which are offered by different organisations to users of the App (“Opportunity” or “Opportunities”). These Opportunities are held at various different venues as outlined in the Opportunity description. Opportunities include (but are not limited to):
(a.i) Sessions where volunteers donate one hour of their time to help young people (an initiative called “Power of an Hour“). The Power of an Hour sessions take place at pre-approved venues (“LVN Host Centres“) and they are supervised by trained individuals (a “LVN Upskilled Youth Practitioner” or “Tutor“); and
(a.ii) Information about youth centres and Organisations using the App.
(b) And all other content provided on the App.
3. YOUR PRIVACY
3.2 Please be aware that internet transmissions 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.
4. WHO CAN USE THE APP
4.1 There are broadly four categories of users of the Services provided by the App:
(a) Young people aged 14-24 years (the “Young Person” or “Young People“) are invited to use the App to view relevant information and search for Opportunities, including requesting a Power of an Hour session;
(b) Volunteers who sign-up to donate one hour of their time to help a Young Person through The Power of an Hour (“Volunteers“). On signing up to the App, all participating Volunteers will be asked to agree to relevant safeguarding procedures, and to provide two references; and
(c) Organisations approved by LVN who can use the App to promote Opportunities for Young People (“Organisations“), subject to additional terms and conditions (Organisation Terms and Conditions [insert link]).
(d) Other users who browse the App using guest access (“Guest Users“). This includes outreach practitioners who may use the App to search for Opportunities as an outreach tool on behalf of young people. Guest Users may also include targeted youth workers, parents and young people that prefer not to sign-up for the App. Guest access provides view-only access. It is necessary to register in order to use the ‘I want to go’ function or Power of an Hour.
4.2 You must be 14 or over to accept these terms and use the App.
5. HOW YOU MAY USE THE APP
In return for agreeing to comply with these terms you may:
(a) Download or stream a copy of the App onto your mobile handheld device(s) and view, use and display the App and the Services on such devices for your personal purposes only. You may not transfer the App or the Services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
(b) Receive and use any free supplementary software code or updates of the App incorporating “patches” and corrections of errors as we may provide to you.
6. CHANGES TO THESE TERMS
6.1 We may need to change these terms to reflect changes in law or best practice or to deal with features which we introduce, change or remove.
6.2 Where we make material changes to these terms, we will give you at least 30 days’ notice of any change by sending you a message with details of the change or notifying you of the change when you next start the App.
6.3 If you do not accept the notified changes you must not continue to use the App and the Services.
7. UPDATES TO THE APP AND CHANGES TO THE SERVICE
7.1 From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system, address security issues or deal with features which we introduce, change or remove. Alternatively, we may ask you to update the App for these reasons.
7.2 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.
7.3 The App will always work with the current or previous version of the operating system listed when you first downloaded the App (as it may be updated from time to time) and match the description of it provided to you when you first downloaded the App.
8. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
9. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
9.1 The App or Services may contain links to other independent websites which are not provided by LVN. 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).
9.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy or use any products or services offered by them.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 You acknowledge that all intellectual property rights in the App, its contents, the Services and the technology used or supported by the App anywhere in the world, including, without limitation, the trade mark ‘LVN’ and ‘Local Village Network’ and the pending trade marks ‘Local Village Network’ and ‘Power of an Hour’, belong to us or our licensors, that rights in the App are licensed (not sold) to you and that you have no rights in or to the App or the technology used or supported by it other than the right to use each of them in accordance with these terms and conditions.
10.2 You acknowledge that you have no right to have access to the App in source code form.
11. OPERATING SYSTEM REQUIREMENTS
This App requires a device with Android and Apple iOS version 10 or higher.
12. ACCEPTABLE USE RESTRICTIONS
12.1 Except as expressly set out in these terms and conditions, you agree:
(a) not to copy the App except where such copying is incidental to normal use of the App or where it is necessary for the purpose of back-up or operational security;
(b) not to sell, rent, lease, sub-license, loan, translate, adapt, vary or modify the App;
(c) not to permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to access without authority, interfere with, damage or disrupt any part of the App, any equipment or network on which the App is stored, any software used in the provision of the App or any equipment or network or software owned or used by any third party;
(e) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing 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 App 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 App with another software program; (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (iii) is not used to create any software that is substantially similar to the App;
(f) not to provide or otherwise make available the App in whole or in part (including object and source code) in any form to any person without prior written consent from us;
(g) not use the App or any Service with bad intentions, including (but not limited to) to bully, insult, manipulate or groom another person, to request money, send spam, impersonate another person or misrepresent your identity;
(h) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, 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;
(i) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;
(j) not transmit any material that is defamatory, offensive, explicit or otherwise objectionable in relation to your use of the App or any Service;
(k) 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
(l) 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.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
13.3 When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
13.4 We are not liable for business losses. The App is for personal, charitable and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.5 Limitations to the App and the Services. The App and the Services are provided for general information purposes only. They do not offer advice on which you should rely, nor does LVN guarantee that use of the App or the Services will result in employment for young people. LVN is not responsible for any action you take or refrain from taking on the basis of information obtained from the App or the Services. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. LVN is not responsible for any advice provided by or other acts or omissions by the Volunteers, LVN Host Centres, Organisations, youth leaders or any other third party.
13.6 Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App where appropriate, to protect yourself in case of problems with the App or the Services.
13.7 Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the app store site) meet your requirements.
13.8 We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
13.9 We are not responsible for Opportunities promoted on the App. Organisations are required to adhere to the additional Organisation Terms and Conditions. LVN is not responsible for the delivery, content or management of any Opportunities provided by Organisations. Any issues arising with these Opportunities should be dealt with directly with the Organisation providing the Opportunity.
14. WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
14.1 We may end your rights to use the App and Services at any time by contacting you and removing access without delay if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
14.2 If we end your rights to use the App and Services:
(a) You must stop all activities authorised by these terms, including your use of the App and any Services.
(b) 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.
(c) We may remotely access your devices and remove the App from your device and cease providing you with access to the Services. This function will also be used if a Volunteer does not match our safeguarding requirements.
14.3 We are not responsible for any loss or damage caused by your breach of these terms.
15. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms 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 these terms.
16. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
17. NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
18. IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms 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.
19. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
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, or if we delay in taking steps against you in respect of your breaking these terms, 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.
20. WHICH LAWS APPLY TO THESE TERMS AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English law and you can bring legal proceedings in respect of the App and the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the App and the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the App and the Services in either the Northern Irish or the English courts.
21. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT ANY PROBLEMS
21.1 Contacting us (including with complaints). If you want to learn more about the App or the Services, if you think the App or the Services are faulty or mis-described or if you wish to contact us for any other reason, please contact us at firstname.lastname@example.org. In particular, we encourage both Volunteers and Young People to raise safeguarding and any other issues with LVN staff at any time.
21.2 How we will communicate with you. If we have to contact you, we will do so by email using the contact details you have provided to us.