TakeNote App Terms and Conditions

1.1 Terms and Conditions

1.1 This mobile application (the “Organise App”) is made available by Organise Platform HQ Ltd, a company registered in England and Wales with number 10679316 and with registered address 20-22 Wenlock Road, London, England, N1 7GU EC2M 5QQ (“Organise”, “us”, “we” or “our”).

1.2 These terms outline the terms and conditions upon which you can use the Organise App to (a) better understand your rights around discrimination and harassment in the workplace and/or (b) upload and securely store documents and evidence to your case file (the “Purpose”).

2. Accepting Our Terms and Conditions

2.1 You, the user of the Organise App, confirm your acceptance of these Organise App terms of use (“App Terms”). If you do not agree to these App Terms, you must immediately uninstall the Organise App and discontinue its use. These App Terms should be read alongside our Privacy Policy and Cookie Policy.

2.2 Depending on the version of the Organise 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.

2.3 We reserve the right to change any or all of these App Terms, and/or add new terms and conditions at any time. When we do so, we will make a new copy of these App Terms available on our website or on the Organise App. You are expected to check this page frequently to take note of any changes we make. Your continued use of our website will be deemed to constitute your acceptance of such changes. If you do not agree to such variations, you should not use the Organise App.

3. Use of the Organise App

3.1 If you would like to use the Organise App for the Purpose, you must set up an account. When setting up your account, you must provide information about yourself that is true, current and complete.

3.2 You are solely responsible for maintaining the confidentiality and security of your passwords and login information. You are also solely responsible for all activities conducted through your account.

3.3 You must notify us immediately of any unauthorised use of your account. Organise will not be liable for any loss or damage arising in connection with any unauthorised use of your account.

3.4 Organise hereby grants you a non-exclusive, non-transferable, revocable licence to use the Organise 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 Licence”). All other rights in the Organise App are reserved by Organise.

3.5 In the event of your breach of these App Terms we will be entitled to terminate the User Licence immediately.

3.6 You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the Organise App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the Organise 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 Organise App, you will be assumed to have received permission from the bill payer for using the Organise App.

3.7 You acknowledge that where you use services provided by Apple or Google (or any other third parties) in connection with your use of the Organise App, you will be subject to Apple’s, Google’s (or the applicable third party’s) terms and conditions and privacy policy and you should ensure that you have read such terms.

4. Intellectual Property

4.1 The Organise name and logo, and other Organise trademarks, service marks, graphics and logos used in connection with the Organise App are trademarks of Organise (collectively “Organise Trademarks”). Other trademarks, service marks, graphics and logos used in connection with the Organise App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The Organise Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Organise or the applicable trademark holder. The Organise App and the content featured in the Organise App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Organise and its licensors.

5. Prohibited Uses

You agree not to use the Organise App in any way that:

(a) is unlawful, illegal or unauthorised;

(b) infringes any copyright, database right or trade mark of any other person; or

(c) is likely to disrupt our service in any way.

6. Indemnification

You agree to indemnify Organise for any breach of these App Terms. Organise reserves the right to control the defence and settlement of any third party claim for which you indemnify Organise under these App Terms and you will assist us in exercising such rights.

7. No Promises

7.1 Organise provides the Organise App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Organise does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the Organise App or its content.

7.2 To the fullest extent permitted by applicable law, Organise hereby excludes all promises, whether express or implied, including any promises that the Organise 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 Organise 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.

8. Reliance on Information

8.1 The Organise 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 Organise App. The Organise App is in no way to be considered or used as a replacement for professional legal advice.

9. Exclusion of Organise’s Liability

9.1 Nothing in these App Terms shall exclude or in any way limit Organise’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.

9.2 To the fullest extent permitted under applicable law, in no event shall Organise be liable to you with respect to use of the Organise 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 Organise App, Device failure or malfunction.

9.3 Organise 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.

9.4 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 Organise’s liability arising under or in connection with these App Terms and your use of the Organise App exceed £50.

10. CLOSING YOUR ACCOUNT

10.1 We may suspend or cancel your account, including any Group account, if you fail to comply with your obligations under these App Terms.

10.2 If your account is suspended or closed for any reason, you will not have access to the account (including your content). We recommend that you make regular back-ups of your content.

11. General

11.1 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 with these App Terms.

11.2 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.

11.3 There is no relationship of employment, partnership, agency or fiduciaries between you and us.

11.4 This page and all parts of the Organise website are owned and operated by us.

12. Contact Us

If you have any questions regarding our App, you can email us on action@organise.org.uk