Mobile application end-user licence agreement
Please read these licence terms carefully
By downloading Pitch you agree to these terms and conditions
We, National Westminster Bank plc incorporated in England (Company number 00929027) and having our registered office at 250 Bishopsgate, London EC2M 4AA of license you to use:
- Pitch 1.0.4 mobile application software (App) and any updates or supplements to it
- The service you connect to via the App and the content we provide to you through it (Service),
as permitted in these terms.
This App requires an iPhone 5 or above, or an iPad 2nd Generation or above, running iOS 10.0 or above with a minimum of 15MB of memory.
How to contact us and how we will contact you
If you would like to contact us, to provide feedback, with an issue about the App or the Services, or for any other reason then please email us at email@example.com.
If we have to contact you we will do so by email using the contact details you have provided to us.
Update to the App and changes to the Service
From time to time we may automatically update the App and change the Services. This may be carried out to improve performance, enhance functionality, reflect changes to the operating system or address security issues or simply to test new functionality. 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.
Licence terms and acceptable use
You agree that you will:
- 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;
- 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;
- 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 terms and not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services.
You agree that you will 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;
- 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);
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- 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
- 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.
The App (and the provision of the Services) may contain errors, including technical errors. You agree that the App and the Services are provided “as is” and “as available” and we are not obliged to correct errors, correct the effects of errors, or provide technical support. You also agree that we do not warrant that the App or Services are fit for any particular purpose. The App is not an investment tool and should not be relied upon to make any investment decisions about your business.
Who owns what
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, the Services other than the right to use them in accordance with these terms.
Responsibility for loss or damage
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.
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. Our aggregate liability for any breach of these terms is capped at a total of £100 Sterling.
The App is 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.
The App and the Services 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.
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.
Suspension or withdrawal of the App and the Services
This App and any Services may be suspended or withdrawn at our discretion at any time. We may also withdraw or suspend your right to use the App and Services at any time where we consider that you have breached any of these terms.
If we end your rights to use the App and Services you must stop all activities authorised by these terms, including your use of the App and any Services. 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.
Transferring these terms or the App
You may not transfer the App or the Service 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. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
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.
We may change these terms at our discretion but we will notify you of the changes at least 7 days in advance. If you do not accept these new terms then your right to use the App and the Service will be withdrawn. These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any aspect of these terms. 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. 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 breaching 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.
These terms are governed by English law and you can bring legal proceedings in respect of the App, the Services and / or these terms in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.