Terms & Conditions
1. Who we are and what this agreement does
- 1.1 The Challenge Social Application (App) is licensed to you by Challenge Social Ltd a company registered in England and Wales under company number 11833449 and with registered office 13 Isis Lake, Spine Road, South Cerney, Cirencester, England, GL7 5LT (we, us or our).
- 1.2 Please read these licence terms (App Terms) before you start to use the App as they will apply to your use of the App, including any updates or supplements to the App, and the service you connect to via the App and the content we provide to you through it (Service).
- 1.3 By using the App, you confirm that you agree to the App Terms and will comply with them. If you do not agree to these App Terms you must immediately stop using the App and uninstall it.
2. Other Related Terms
- 2.1 The following terms are incorporated into these App Terms by reference and apply to your use of the App and the Services:
- 2.1.2 Appstore Terms. In addition the ways in which you can use the App may also be controlled by the rules and policies of Apple Inc. https://www.apple.com/uk/legal/internet-services/terms/site.html or Google Play https://play.google.com/intl/en-US_uk/about/play-terms/index.html (Appstore Provider) depending on which Appstore Provider you used. The Appstore Provider rules and policies will apply instead of these App Terms where there are differences between the two.
- 2.2 Certain Services will make use of location data sent from your devices. We will let you know where certain Services use location data, but you can disable this functionality at any time by turning off the location services settings for the App on your device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may stop us collecting such data at any time by turning off the location services settings.
- 2.3 By using the App you acknowledge 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.
3. App Age Restrictions
- 3.1 You must be 13 (Prescribed Age) or over to download the App and create an account for the App or use any of its Services.
- 3.2 If we receive notification that you are younger than the Prescribed Age, then your account will be terminated upon such notification.
- 4.1 We grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable and non-transferable licence to use the App subject to these App Terms.
- 4.2 There is no charge to you to either download or use the App, however you acknowledge that your agreement with your mobile network provider (Mobile Provider) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using the App and you accept sole responsibility for such charges. If you are not the bill payer of the device being used to access the App you must have permission from the bill payer to use the App.
- 4.3 If you download 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 the App Terms, whether or not you own the phone or other device.
5. Changes to these terms and the App
- 5.1 We may change these App Terms at any time to reflect changes in law or best practice or to deal with additional features which we introduce. We will notify you of any change to the App Terms when you next start the App. If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
- 5.2 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. 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.
- 5.3 You are responsible for making all arrangements necessary for you to have access to the App. We may change the minimum specification required to access the App at any time. We give no guarantee that you will have access to the App on your mobile device (or continue to have access to the App). We shall not be liable to you if any such change in specification results in your mobile device becoming incompatible with the App.
6. Eligibility and your Account
- 6.1 You will need to register to use the App and the Service. As part of the registration procedure you will need to choose a password. You must treat such information (whether chosen by you or provided by us) as confidential and you must not disclose it to any third party.
- 6.2 You are responsible for any activity using your account, whether or not you authorised that activity. If you know or suspect that anyone other than you knows your password we recommend that you change your password immediately and ask that you promptly notify us at email@example.com
- 6.3 We have the right to disable any account, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these App Terms or any other policies and/or guidelines created for the App and the Service.
7. Licence restrictions
- 7.1 You agree that you will:
- 7.1.1 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;
- 7.1.2 not copy the App 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;
- 7.1.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App 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 App Terms;
- 7.1.4 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 (by virtue of sections 50B and 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:
- is used only for the purpose of achieving inter-operability of the App with another software program;
- is not disclosed or communicated without our prior written consent to any third party; and
- is not used to create any software that is substantially similar in its expression to the App; and
- is kept secure.
- 7.1.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
8. Acceptable use restrictions
- 8.1 You must not:
- 8.1.1 use the App or any Service in any manner inconsistent with these App 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;
- 8.1.2 use the App or any Service in any way, or for any purpose, that breaches any applicable local, national or international law or regulation;
- 8.1.3 use the App or any Service for the purpose or facilitation of gambling or betting activity;
- 8.1.4 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) or by registering as a user name the name or identity of another person that is not your own;
- 8.1.5 transmit any material that is defamatory, discriminatory, offensive, obscene, sexually explicit, promotes violence or is otherwise objectionable in relation to your use of the App or any Service;
- 8.1.6 use the App or any Service in a way that is likely to harass, upset, embarrass, bully, insult, intimidate, humiliate, alarm or annoy any other person;
- 8.1.7 use the App or any Service for the purpose of harming or attempting to harm minors in any way;
- 8.1.8 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;
- 8.1.9 use the App or any Service to transmit material that contains a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
- 8.1.10 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.
- 8.2 We reserve the right to review all content and material uploaded to the App, and to remove any such content that, in our opinion, violates this clause 9. However we are under no obligation to review all of the content uploaded and, as a result, we cannot guarantee that content on the App will not breach the restrictions in this clause 8. We expressly exclude our liability for any loss or damage arising from the use of any interactive element of the App in contravention of this clause 8.
9. User-generated content
- 9.1 Whenever you make use of a feature that allows you to upload content to the App, or to make contact with other users of the App, you must comply with the acceptable use restrictions set out in clause 8 and you warrant that any such content does comply with those restrictions, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of that warranty.
- 9.2 The App includes information and materials (including photographs and videos) uploaded by other users of the App. This information and these materials have not been verified or approved by us. The views expressed by other users on the App do not represent our views or values.
- 9.3 Use of the App is at your own risk and you are solely responsible for decisions that you make as a result of the content and material published on the App by you and other users.
- 9.4 If you wish to complain about content uploaded by other users please contact us on firstname.lastname@example.org
- 9.5 We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the App constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to disclose your identity to any law enforcement agency or regulatory body who has a lawful and legitimate interest in obtaining it.
10. Intellectual property rights
- 10.1 All intellectual property rights in the App 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 or the Services other than the right to use them in accordance with these App Terms.
- 10.2 Any content you upload to the App, including photos and videos, will be considered non-confidential and non-proprietary. You retain all of your intellectual property rights in your content, but you hereby grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to host, use, store, distribute, modify, copy, publically perform or display, translate and create derivative works of that content.
- 10.3 Where you terminate these App Terms under clause 14.1, the licence you grant us under clause 10.2 will automatically terminate. However, content will continue to appear on the App if you have shared it with other users and they have not deleted it.
11. Third party content
- 11.1 The App or any Service may contain links to other independent websites and social media sites 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.
12. Our responsibility for loss or damage suffered by you
- 12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these App Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these App 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.
- 12.2 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.
- 12.3 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.
- 12.4 The App and Services are for domestic 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.
- 12.5 The 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 App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
- 12.6 You acknowledge that the App and the Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
- 12.7 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 Service.
13. Events outside our control
- 13.1 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.
- 14.1 You have the right to terminate these App Terms and your right to use the App at any time and for any reason by deleting your account. We will not be obliged to store any data that you have submitted and you are responsible for downloading any data or records that you have uploaded via the App.
- 14.2 We may end your rights to use the App and Services at any time by contacting you if you have broken these App Terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
- 14.3 If we end your rights to use the App and Services:
- 14.3.1 You must stop all activities authorised by these App Terms, including your use of the App and any Services;
- 14.3.2 You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App. We may ask you to confirm in writing that you have done this;
- 14.3.3 We may remotely access your devices and remove the App from them and cease providing you with access to the Services; and
- 14.3.4 We may prevent you from registering for a new account using the same or a different email address.
- 14.4 Where you or we delete your account under clause 16.1 or 16.3 your username for the App will become available and may be registered by another individual, company or other third party for use of the App and the Services.
15. Other important terms
- 15.1 We may transfer our rights and obligations under these App 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 the contract.
- 15.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
- 15.3 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.
- 15.4 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.
- 15.5 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 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.
- 15.6 These terms are governed by English law and any legal proceedings in respect of the products must be brought in any court of competent jurisdiction in the United Kingdom. Notwithstanding the foregoing, we may initiate legal proceedings in any court of competent jurisdiction to secure interim or interlocutory relief.
16. Other important terms
16. How to contact us
If you have any queries regarding these App Terms or problems using the App, please contact us via:
If we have to contact you we will do so by email, by SMS or in-app message, using the contact details you have provided to us.