Motive's Terms of Service

Last updated 24th January 2023.

Welcome to our Website. If you continue to browse and use this Website located at www.motive-app.co.uk, and all associated sites or Platforms linked to www.motive-app.co.uk by Motive, you are agreeing to comply with and be bound by these Terms and Conditions of Use (the “Terms of Service”), which together with our Privacy Policy govern Motive’s relationship with you in relation to this Website. If you disagree with any part of these terms and conditions, please do not use our Website.

The term ‘Motive’ or ‘us’ or ‘we’ refers to the owner of the Website and Platform whose registered office is Motive App Limited, Nexus, Discovery Way, Leeds, LS2 3AA. Our company registration number is 13245163 registered in England and Wales. The term ‘you’ refers to the user or viewer of our Website.

Motive App Limited reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Motive grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Permitted Use

You are granted a non-exclusive, non-transferable, revocable licence to access and use the Website and its Content, solely for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or its Content for any unauthorised or illegal purpose, or in any manner that could damage, disable, overburden, or impair the Website or its Content, or interfere with any other party’s use and enjoyment of the Website or its Content.

Prohibited uses include, but are not limited to:

Using the Website or its Content for any commercial or business purpose without our express written consent;

Reproducing, duplicating, copying, selling, reselling, or exploiting for any commercial or non-commercial purpose any portion of the Website or its Content;

Modifying, adapting, translating, or creating derivative works based on the Website or its Content

Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website or its Content;

Collecting or harvesting any personally identifiable information, including account names, from the Website or its Content;

Using the Website or its Content in any way that may infringe the intellectual property rights of others;

Using the Website or its Content to transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;

Using the Website or its Content to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, or engage in any kind of illegal activity;

We reserve the right to terminate or restrict your use of the Website or its Content at any time, without notice, for any or no reason, and without liability to you or any third party.

Disclaimers

Motive nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.

Motive is not responsible for the products, services, actions or failure to act of any User, Group, Organisation or other third party in connection with or referenced on the Website or Platform. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Website or Platform to Motive using our online contact details. Motive may investigate the claim and take appropriate action, in its sole discretion.

Ownership of Materials

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”) on Motive’s Website are copyrighted and are protected under world-wide copyright laws. Motive’s Content may not be reproduced, copied, edited, published, transmitted or uploaded in any way without Motive’s written permission. Motive does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information unless as explicitly stated to you in these terms and conditions.

Copyright Policy

This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than when explicitly authorised by Motive to do so. Any user unlawfully infringing on our copyright will have their privileges to use this Website terminated.

Users who submit Content to this Website or Motive Platform, whether images, articles, software or other copyrightable material must ensure that the Content does not infringe the copyrights of or other rights of third parties.

Privacy

Motive’s Privacy Policy applies to use of this Website, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Website, you acknowledge and agree that internet transmissions (such as messages) are never completely private or secure even if encrypted and may be intercepted by others.

You can view Motive’s Privacy Policy here: https://www.motive-app.co.uk/privacy-policy/ 

Third Party Links & Content

Motive may provide, or third parties may provide, links to other third-party Websites, services, or resources that are beyond our control. These links are provided for your convenience to provide further information. They do not signify that we endorse the Website(s). Motive is not responsible for these third-party products or Content. Motive makes no representations or warranties as to the quality, suitability, functionality, or legality of any third-party products or third-party Content to which links may be provided, and you hereby waive any claim you might have against us with respect to such. You agree that Motive is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party products or third-party Content. 

Prohibited Content

The following is a partial list of the types of Content that is prohibited or unlawful on the site:

Content which violates any applicable law or regulation, including the criminal code, data protection, consumer law and youth protection provisions, or infringes any Third Party rights, including any Third Party Intellectual Property Rights;

Content which is obscene, sexually explicit or defamatory, or related to sex trafficking;

Content contains depictions of violence or is threatening or harassing;

Content which contains viruses, spyware, adware, pirated software, digital rights protection circumvention or hacking tools, spamming tools or any other harmful code or activity that could, in an impermissible manner, access or use, impair or injure any data, devices, computer systems, or software;

Content which is false, misleading or deceptive;

Content which includes references to gambling, alcohol, tobacco, drugs, or firearms, including without limitation ammunitions, fireworks and explosives;

Content which endorses or encourages violence, hatred, revenge, racism, sexism, victimisation, or discrimination of any kind;

Content which results in consumer fraud, product liability, or breach of contract to which Demand Partner is a party, or causes injury to any Third Party;

Or Content which promotes any products and services that fall within any of the foregoing categories above, or promotes any company, organisation, person or brand that engages in or is associated with any of the conduct described in the foregoing categories above.

Limitations of Liability

You understand and agree that your use of the Website and its Content is at your own risk. The Website and its Content are provided “as is” and “as available” without any warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no representation or warranty that the Website or its Content will meet your requirements, be accurate, complete, reliable, or timely, or that the Website or its Content will be available or uninterrupted.

We will not be liable for any damages of any kind arising from the use of the Website or its Content, including but not limited to direct, indirect, incidental, punitive, and consequential damages, whether based on contract, tort, negligence, strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages. This limitation of liability applies to all damages of any kind, including but not limited to loss of data, loss of profits, business interruption, or any other commercial damages or losses.

In the event that any jurisdiction does not allow the exclusion or limitation of liability for certain damages, our liability in such jurisdiction shall be limited to the extent permitted by law.

Disputes

This site is controlled and operated by Motive from its offices in the United Kingdom. If there is any dispute about or involving the Website, by using the Website, you agree that the dispute will be governed and construed by English law. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to this site, litigation must be brought in court in Leeds, England without regard to its conflict of law provisions.

You agree that any claim or dispute must be resolved individually and without resort to any form of class action.

You agree that you will not participate in a class action or class-wide arbitration for any claims covered by these Terms of Use. You may bring your claim in your individual capacity, and not as a representative plaintiff or class member in any purported class or representative proceeding.

Indemnity

You agree to indemnify and hold Motive, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, including also your use of the Website to provide a link to another site or to upload Content or other information to the Website.

This indemnification obligation will survive the termination of these Terms of Use and your use of the Website.

You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.

Amendments

Motive App Limited reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use for changes from time to time.

These Terms of Service were last updated 24th January 2023.

Feedback & Information

Any feedback you provide at this site shall be deemed to be non-confidential. Motive shall be free to use such information on an unrestricted basis.

Copyright © 2023 Motive App Limited. All rights reserved.

Motive App Limited, Nexus, Discovery Way, Leeds, LS2 3AA, UK.