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Mobile Application Terms

1. Introduction

These Terms of Service (Terms), together with any and all other documents referred to herein, set out the terms of use under which you may access and use the Services made available via The Ambassador Platform.

The Ambassador Platform is an experience communication management solution that helps institutions to communicate what the experience of being a member of their institution is like through conversations and content. In this way, The Ambassador Platform acts as a communication channel for representatives of institutions to talk to potential applicants for the purpose of helping those applicants make a more informed decision.

We hold data of users of our Mobile App for the express purpose of providing this Service.

Please read these Terms carefully and ensure that you understand them. If you do not agree to comply with and be bound by these Terms you must stop using our Service immediately.

2. Definitions and Interpretation

In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

'Account'

means an account that is created on our Service which involves entering personal and contact information into an online form;

'Activated'

means allowing an Ambassador's Account to send and receive messages on the Service;

'Admin User',

means a representative(s) of the Institution who manages the Dashboard made available at dashboard.theambassadorplatform.com;

'Ambassador'

means a representative of the Institution who has downloaded our Mobile App;

'Caption'

means some wording which supports a photo or video submitted within a Content Group;

'Points'

means a reward (that has no cash value) and that is earned by Ambassadors through activities performed on our Service;

'Chat Feature'

means a feature within the Service designed to help the Institution safely and easily provide one-to-one and group chat conversations between their Ambassadors and Users;

'Content Feature'

means a feature within the Service designed to help marketing teams collaborate, create and share social media type content with Ambassadors;

'Content Group'

means a messaging group created by an Admin User with Ambassadors for the purpose of collaborating and creating Content;

‘Content Schedule’

means a calendar of notifications that will be sent to Ambassadors for the purpose encouraging the creation of Posts;

'Content'

means any and all images, words, and videos that Ambassadors post through the Mobile App;

'Cookie'

means a small text file placed on your computer or device by our Service when you visit certain parts of our Service and/or when you use certain features of our Service.

'Dashboard'

means your website made available at dashboard.theambassadorplatform.com where Admin Users administrate the Service;

'Data Protection Law'

means all applicable data protection laws including the General Data Protection Regulation (EU) 016/679 (' GDPR'), read in conjunction with and subject to the Data Protection Act 2018, in each case as amended, re-enacted or replaced from time to time;

'FAQ Feature'

means a feature within the Service designed to help Institutions collaborate with their Ambassadors to create Frequently Asked Question information;

'Feed'

means a homepage for the Mobile App where all Ambassadors can see the activities of other Ambassadors on the Service;

'Flagging Function'

means a chat conversation being identified for review by an Admin User by either participant of the conversation;

'Institution'

means your institution or organisation that has purchased the services of The Ambassador Platform Ltd made available through our Service;

'Liked'

means another User has clicked a 'like' button on content;

'Mobile App'

means our mobile application used by Ambassadors to create Content for Admin Users to publish through the Dashboard;

'Service'

means any and all content and functionality made available in our Mobile App, theambassadorplatform.com and any and all related subdomains or Institutions’ websites;

'Post'

means a photo or video with a caption that has been submitted within the Mobile App;

'Prizes'

means vouchers for shops chosen from a set list displayed on our Service that are allocated by Admin Users to reward Ambassadors;

'Publish'

means an Admin User has decided to make a Post or FAQ Answer public on the internet via the TAP Feed of other means;

'Reference'

means an automated reference which describes the inputs and outputs of an Ambassador's career using the service in a word format that can be used on a CV;

'Resources'

means a page in the Mobile App where video learning resources are displayed;

'Tag'

means information applied to Profiles, FAQs or Content on the Service to improve filtering and search performance;

'TAP Feed'

means a page on the Institution's website where all content and profiles from the Service will be displayed in a searchable format;

'User'

means a person who engages with an Ambassador through Chat, and

'We/us/our'

means The Ambassador Platform Ltd, a company registered in England under 10367482, whose registered address and business address is 54 Park Central Building, 60 Fairfield Road, London, E3 2US, United Kingdom.

3. About Us

3.1 Service, theambassadorplatform.com and all subdomains, are owned and operated by The Ambassador Platform Ltd, a limited company registered in England under 10367482, whose registered address is 54 Park Central Building, 60 Fairfield Road, London, E3 2US, United Kingdom.

3.2 We were incorporated on the 9th September 2016.

4. Access to Our Service

4.1 Access to our Service is free of charge.

4.2 It is your responsibility to make any and all arrangements necessary in order to access our Service.

4.3 We may from time to time make changes to our Service.

4.4 Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue.

4.5 We will continue to develop and improve our Service over time, which may result in changes being made to it.

4.6 We will always aim to ensure that our Service is available at all times. In certain limited cases, however, we may need to temporarily suspend availability to make certain changes. We will not be liable to you as a user in any way if our Service (or any part of it) is unavailable at any time and for any period, or if it does not operate as intended. It is provided on an 'as is' and 'as available' basis to users.

5. Ambassador Account

5.1 You must not create an account unless you have been invited to do so by the Institution you will be representing on the Service.

5.2 When you download our Mobile App, you must accept these Terms in order to create an Account.

5.3 The Institution that you represent through your Account must 'Activate' your profile in order for you to be active on the Service. They also have the right to request that your Account be removed from our Service so that it no longer represents them. We do not need to seek your consent to remove and terminate your Account if so requested by the Institution.

5.4 It is your responsibility to keep your Account up to date and accurate.

5.5 It is your responsibility to keep your password safe. You must not share your Account information with anyone, or give anyone access to your Account. If you believe your Account is being used without your permission, please contact us immediately on support@theambassadorplatform.com. We will not be liable for any unauthorised use of your Account.

5.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and our obligations under the Data Protection Law, as set out in paragraph 20. Please refer to our Privacy Notice for more information.

5.7 If you wish to delete your Account, you may do so at any time. This will remove your Account data from our Service. Content you have created on our Service will persist for up to one week before being archived anonymously by us.

5.8 You must not breach our Acceptable Usage Policy in any of your activities through the Service. Any breaches of our Acceptable Usage Policy may result in your Account being suspended or removed from the Service.

5.9 You may not create an Account if you are under 16 years of age.

5.10 You may receive Prizes in return for Points you earn through our Service. This is governed by the Admin Users of your Institution. We take no responsibility for allocating Prizes whatsoever.

6. Functionality

6.1 Your Account will be deactivated by default. When Activated by an Admin User, your Account will be Activated for access to individual features depending on what type of work you are doing through the Service.

6.2 You will have access to the Mobile App and all functionality that it contains except Messaging unless you are Activated for that feature.

7. Content Feature

7.1 You must not breach the Acceptable Usage Policy in any of your Posts.

7.2 If you are enabled for Content by an Admin User, you may receive messages when you are added to a Content Group or notifications from the Content Schedule.

7.3 When you Post Content, you grant intellectual property rights as described in paragraph 10 to us and your Institution.

7.4 You will earn Points when you create a Post and receive bonus Points if that Post is Liked and/or Published and/or Downloaded.

7.5 The Admin Users for the Institution will review your Content and decide whether to discard, edit or Publish your Post.

7.6 The Institution may use your profile information to give you credit for Content your Posted when they Published on the Institution's social channels or website.

8. Chat Feature

8.1 The Chat Feature facilitates chat engagements between Ambassadors and Users.

8.2 You must not breach our Acceptable Usage Policy in your Chat conversations, including sharing of any personal or contact information.

8.3 Your Admin User will actively monitor the content of your Chat conversations using automated keyword detection for quality assurance and safeguarding purposes.

8.4 We also have access to view your conversations for quality assurance and safeguarding purposes.

8.5 The Institution retains the right to take inspiration from your Chat conversations to produce Content for the wider audience. In no cases will your identity be used.

8.6 You grant us permission to contact you via email and SMS to notify you of new chat messages.

8.7 If any inappropriate behaviour including but not limited to: explicit language, coercive, radicalisation, sexually suggestive, clearly inaccurate statements or extreme exaggeration takes place, you must report this by using the Flagging Function or other appropriate channels.

8.8 You should close the conversation once you are satisfied it has been completed. When a conversation is closed the User will be asked to give feedback on the conversation. If you receive the highest score, you will receive a Points bonus.

9. FAQ Feature

9.1 You may receive FAQ messages when questions are assigned to you.

9.2 When you answer FAQ messages, you grant intellectual property rights as described in paragraph 10 to us and your Institution.

9.3 You will earn Points when you answer FAQ questions and bonus Points if your answer is Published.

9.4 The Admin Users for the Institution will review your answers and decide whether to discard, edit or Publish your answer.

9.5 Your profile information will be displayed alongside your answers when they are Published and displayed on the TAP Feed.

9.6 You must not breach the Acceptable Usage Policy in any of your FAQ answers.

10. Intellectual Property Rights and Content

10.1 We grant you a limited right to use our Service in accordance with these Terms. All intellectual property rights in our Service, together with all materials made available in connection with our Service, unless specifically labelled otherwise, belongs to us and/or our licensors.

10.2 You transfer to your Institution (by way of present assignment of present and future rights), all your right, title and interest in and to all intellectual property rights howsoever relating to your Content.

10.3 To the extent that the assignment set out in paragraph 10.2 above is not possible under applicable law you hold such rights on trust for your Institution and shall execute such documents and do all such things as may be necessary to effect such disposition of rights as is closest in effect to an assignment to your Institution.

10.4 In consideration of your access and use of the Service, you unconditionally and irrevocably waive, in respect of the Content, all moral rights that may arise. This waiver is made in favour of us and shall extend to your Institution. You acknowledge that your Institution may reject, reclassify, remove, or edit your Content created or uploaded using our Service where that Content relates to or represents them.

10.5 By accepting these Terms, you hereby undertake:

10.6 not to copy, download or otherwise attempt to acquire any part of our Service;

10.7 not to disassemble, decompile or otherwise reverse engineer our Service;

10.8 not to allow or facilitate any use of our Service that would constitute a breach of these Terms; and

10.9 not to embed or otherwise distribute our Service on any website, ftp server or similar.

10.10 You agree that you will be solely responsible for the Content that you create or upload using our Service, including compliance with applicable laws, rules and regulations. Specifically, you agree, represent, and warrant that you have the right to create or upload your Content and the right to use all materials of which it is comprised and that it will not breach the intellectual property rights of any third party or contravene any aspect of our Acceptable Usage Policy.

10.11 You agree that you will be liable to us and the Institution which you represent and will, to the fullest extent permissible by law, indemnify us and the Institution which you represent for any breach of the warranties given by you under paragraph 10.10 above. You will be responsible for any loss or damage suffered by us as a result of such breach.

10.12 You grant us the right to modify and adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or to make changes to your Content in order to adapt it to different media. You grant us the right to reject, reclassify, or remove any of your Content created or uploaded using our Service where that Content, in our sole opinion, violates our Acceptable Usage Policy or if we receive a complaint from a third party and determine that the Content in question should be removed as a result.

10.13 If you wish to remove Content, you may do so by deleting your Account. You acknowledge, however, that caching or references to your Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of our reasonable control).

10.14 You may not download any third party Content created from our Service.

11. Remuneration

11.1 You may receive payment or Prizes for your activities on and contributions to our Service by the Institution that you represent.

11.2 We are not liable to Ambassadors if their activities on our Service are not accurately recorded in any way. We recommended retaining an independent record of time spent and contributions made to our Service.

12. Links to Our Service

12.1 You may access our Service via the Mobile App only, provided:

12.1.1 you do so in a fair and legal manner;

12.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval from/by us where none exists;

12.1.3 you do not use any logos or trademarks displayed on our Service without our express written permission; and

12.1.4 you do not do so in a way that damages our reputation or to take unfair advantage of it.

13. Links to Other Sites

13.1 Links to other sites may be included on our Service. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on our Service is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

14. Disclaimers

14.1 We make no representation, warranty, or guarantee that our Service will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, because of our failure to exercise reasonable care and skill, any digital Content from our Service damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

14.2 We do not make any representations, warranties or guarantees (whether express or implied) that the Content made available through our Service is complete, accurate, or up-to-date.

14.3 We do not accept liability for the use of our site by Institutions or Ambassadors.

14.4 The purpose of the Content that Ambassadors Post is to help your Institution represent themselves more honestly and authentically online. You must ensure that Content you Post is fair, accurate and not misleading, and does not breach the legal obligations of your Institution to provide fair and accurate information that is not misleading.

15. Our Liability

15.1 To the fullest extent permissible by law, we accept no liability to any Ambassador for any direct or indirect loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Service or the use of or reliance upon any Content included on our Service.

15.2 To the fullest extent permissible by law, we exclude all conditions, representations, warranties, and guarantees (whether express or implied) that may apply to our Service or any Content included on our Service.

15.3 Our Service is intended for non-commercial use by Ambassadors. Any payment made by the Institution to Ambassadors for their use of our Service is not governed by us. We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any direct, indirect or consequential loss or damage.

15.4 We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our Service (including the downloading of any Content from it) or any other site referred to on our Service.

15.5 We do not accept liability to Ambassadors arising out of any disruption or non-availability of our Service resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

15.6 Nothing in these Terms excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from our negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers' legal rights, including those relating to digital content, please contact your local Citizens' Advice Bureau or Trading Standards Office.

15.7 To the fullest extent permissible by law, we accept no responsibility for Ambassadors misrepresenting their Institution, intentionally or otherwise, through our Service.

16. Viruses, Malware and Security

16.1 We exercise reasonable skill and care to ensure that our Service is free from viruses and other malware using commercially available anti virus software. We do not, however, guarantee that our Service is secure or free from viruses or other malware and accept no liability in respect of the same.

16.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

16.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Service.

16.4 You must not attempt to gain unauthorised access to any part of our Service, the server on which our Service is stored, or any other server, computer, or database connected to our Service.

16.5 You must not attack our Service by means of a denial of service attack, a distributed denial of service attack, or by any other means.

16.6 By breaching the provisions of paragraph 16.3 to 16.5 (inclusive) you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use our Service will cease immediately in the event of such a breach.

17. Use of Service

17.1 You must not use our Service to transfer any contact or personal Information either in written or verbal format.

17.2 You may only use our Service in a manner that complies with applicable law and you must, at all times, comply with our Acceptable Usage Policy.

17.3 We reserve the right to suspend or terminate your access to our Service if you materially breach the provisions of our Acceptable Usage Policy or any of the other provisions of these Terms. We may take one or more of the following actions:

17.4 suspend, whether temporarily or permanently, your account and/or your right to access our Service;

17.5 remove any Content submitted by you that violates this Acceptable Usage Policy;

17.6 issue you with a written warning;

17.7 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

17.8 take further legal action against you as appropriate;

17.9 disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or

17.10 any other actions which we deem reasonably appropriate and lawful.

17.11 We hereby exclude all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to your breach of these Terms.

18. Changes to these Terms

18.1 We may alter these Terms at any time. Any such changes will become binding on you upon your first use of our Service after the changes have been implemented. You are therefore advised to check this page from time to time. At our discretion, we may inform you of changes by email.

18.2 If there is a conflict between the current version of these Terms and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

19. Contacting Us

19.1 To contact us, please email us at support@theambassadorplatform.com.

20. Data Protection

20.1 You acknowledge that we will process your personal data in accordance with your Institution's privacy policies and our Privacy Notice. We encourage you to read these policies carefully before you use our Service. If you do not want us to process your personal data, you should not use our Service.

20.2 You acknowledge that we have the right to anonymise and aggregate your data for our own purposes including, without limitation, the right to disclose your anonymised and aggregated data to any third parties at our sole discretion or to allow them to create their own anonymised and aggregated data.

20.3 You agree that you shall comply with our Safeguarding Policy (as updated from time to time) at all times.

21. Competitions and Prizes

21.1 The Institution may choose to run competitions based on Points;

21.2 The Institution that we represent shall take all necessary steps to comply with applicable legislation whenever it runs any incentivisation related to our Service in the format or a competition or prize draw. This includes, without limitation, being transparent with you about the terms and conditions of the competition or prize draw and keeping you informed about the Prizes on offer.

21.3 The Institution will determine whether to run prize competitions, setting the value of the prize and the number of winners that shall receive prizes.

21.4 The Institution is responsible for the legal compliance of any competitions and ultimately responsible for running them.

21.5 We take no responsibility for competitions run on our Service.

22. Communications from Us

22.1 If we have your contact details, we may from time to time send you important notices by email, text message and phone call. Such notices may relate to matters including, but not limited to, service changes and updates, and changes to these Terms.

22.2 We will not send you any marketing communications of any kind without your express consent. If you do give such consent, you may opt out at any time. All marketing emails sent by us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to three (3) business days for your new preferences to take effect.

22.3 For questions or complaints about communications from us (including, but not limited to marketing emails), please contact us at support@theambassadorplatform.com.

23. Communications from the Institution

23.1 The Institution which you represent have alternative agreements in place with and may contact you at their sole discretion in relation to our Service.

23.2 For questions or complaints about communications from our Institutions (including, but not limited to marketing emails), please contact us at info@theambassadorplatform.com.

24. Law and Jurisdiction

24.1 These Terms, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law, and both parties hereby agree to the exclusive jurisdiction of the courts of England.