Acceptable Use Policy

About this Policy

This Acceptable Use Policy (the "Policy") sets out the content standards that apply when you access or use Her Pathway, our cloud-based software product for women's website at https://www.her-pathway.com ("Website") or our mobile application ("App"), as well as any content, services or communication provided on, through or in connection with the Software (the "Services"). Any reference to "we", "us", "Her Pathway" is a reference to Confidence with SJ Ltd incorporated and registered in England and Wales with company number 16421326 whose registered office is at Brian Jackson House, 2 New North Parade, Huddersfield, HD1 5JP, trading as Her Pathway. To contact us, please email ConfidencewithSJ@gmail.com.

By using the Software, Website, App and/or the Services you confirm that you accept this Policy and that you agree to comply with it. If you do not agree to this Policy, you must not use the Software, Website, App and/or the Services. Our Software, Website, App and the Services are directed to people residing in the United Kingdom. We do not represent that content is appropriate for use or available in other locations.

You must be 18 or over to use our Software, Website, App and/or the Services.

We amend this Policy from time to time. Every time you wish to use our Software, Website, App and/or the Services, please check this document to ensure you understand the terms that apply at that time.

Support and how to tell us about problems

Support. If you want to learn more about the Software, Website, App or the Services or have any problems using them please contact us at ConfidencewithSJ@gmail.com.

Contacting us (including with complaints). If you think the Software, Website, App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at ConfidencewithSJ@gmail.com.

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

How you may use our Software, Website, App and the Services

In return for your agreeing to comply with this Policy you may:

download or stream a copy of the Software or App onto your device;
use any documentation to support your permitted use of the Software, Website, App and/or the Services;
access and use our Website, including the platform/online version of the Software; and
receive and use any free supplementary software code or update of the Software and App incorporating "patches" and corrections of errors as we may provide to you.

You may not transfer the Software or App to someone else

You are given the right to use the Software or App personally. You may not otherwise transfer the Software, the App or the Service to someone else, whether for money, for anything else or for free.

Update to the App and changes to the Service

From time to time we may automatically update the Software or 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.

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 Software, the App and/or the Services.

We are not responsible for other websites you link to

The Software, the App or any Service 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).

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.

Licence restrictions

You agree that you will:

unless authorised by us in advance in writing, not rent, lease, sub-license, loan, provide, or otherwise make available, the Sfotware, 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 Software, Website, App, or Services or any related documentation, except as part of their normal use 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 Software, Website, App, or Services nor permit any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use them on devices as permitted in this Policy;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software, Website, App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Software or App to obtain the information necessary to create an independent program that can be operated with the Software or App, or with another program;
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Software, App or any Service.

Acceptable use restrictions

You must:

not use the Software, Website, App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Policy, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data;
not infringe our intellectual property rights or those of any third party in relation to your use of the Software, Website, App or any Service (to the extent that such use is not licensed by this Policy);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software, Website, App or any Service;
not use the Software, Website, 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.

Intellectual property rights

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

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with this Policy, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Policy 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 this Policy, both we and you knew it might happen.

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.

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, 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.

We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The Software, Website, App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Software, Website, App or any Service. Although we make reasonable efforts to update the information provided by the Software, Website, 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.

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 Software or the App, to protect yourself in case of problems with the Software or the App.

Check that the App and the Services are suitable for you. The Software, Website, 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 appstore site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the Software, Website, 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 but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

We may end your rights to use the Software, Website, App and the Services if you break this Policy

We may end your rights to use the Software, Website, App and Services at any time by contacting you if you have broken this Policy in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the Software, Website, App and Services:

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

We exclude our liability for all action we may take in response to breaches of this Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

We may transfer this agreement to someone else

We may transfer our rights and obligations under this Policy 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.

No rights for third parties

This Policy does not give rise to any third-party rights under the Contracts (Rights of Third Parties) Act 1999.

If a court finds part of this Policy illegal, the rest will continue in force

Each of the paragraphs of this Policy 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.

Even if we delay in enforcing this Policy, we can still enforce it later

Even if we delay in enforcing this Policy, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Policy, or if we delay in taking steps against you in respect of your breaking this agreement, 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.

Which laws apply to this agreement and where you may bring legal proceedings

This Policy is governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.