Terms of Use

1. Supply and use of the service

1.1 To access the Service you may be asked to provide certain details or other information to become a registered user ("Registered User"). It is a condition of your use of the Service that all the information you provide is correct, current, and complete.

1.2 You agree that all information you provide to register with the Service or otherwise, is governed by OpenPlay’s Privacy Policy (the “Privacy Policy”) and by using the Service you thereby consent to all actions taken with respect to your information consistent with that Privacy Policy.

1.3 The content of the pages on the Service is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, fitness, completeness or suitability of the materials found or offered through the Service for any particular or successful purpose or result. You acknowledge that information and materials within the Services may contain inaccuracies or errors and, that subject to clause 5.1 below, we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

1.4 Your use of any information or materials on the Service is entirely at your own risk, for which we shall not be liable, subject to clause 5.1 below. It shall be your own responsibility to ensure that any products, services, advice or information available through the Service meets your specific requirements.

1.5 You shall comply with these Terms of Use, and with all terms provided by us or OpenPlay in respect of the Service including the “user guide”. You acknowledge the obligations and restrictions placed upon you in respect of the Service.

1.6 You shall keep confidential and not share with any other party your password or access details for the Service. You acknowledge and agree that unauthorised use of the Service may give rise to a claim for damages and/or be a criminal offence.

1.7 We reserve the right to cancel unverified accounts and accounts that have been inactive for two (2) years.

1.8 The Bristol Moves+ team works hard to keep the service working properly and without fraudulent activity. You may report problems, and all offensive content and fraudulent activity within the Service should be reported, to bristol-moves-project@bristol.ac.uk.

1.9 We reserve the right to block your account for a certain time period if you fail to comply with the Terms of Use, and you may be issued warnings or suspended from the platform on a temporary or permanent basis. You may end your agreement to the Terms of Use by deactivating your account and discontinuing your use of the Service.

1.10 We reserve the right to ascertain if content posted by users is suitable. If we deem it to be unsuitable or offensive, we reserve the right to remove the post and block your account.

1.11 We also reserve the right to restrict or prohibit access to the Service and reduce points or remove any discounts or rewards from user accounts. 

1.12 We reserve the right to add or remove user points and do so at our discretion.  This includes a global points reset to enable a service reset on 31 July each year.

1.13 You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Service. In addition, you agree not to upload or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Bristol Moves+ service, including any software viruses or any other computer code, files or programs.

1.14 If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

1.15 We may share anonymised data for research and analysis purposes with internal departments at the University of Bristol.

1.16 User profiles may be shared within internal departments for the purposes of collating demographic data. This data will then be used to report on app users (gender, ethnicity, etc) but all profiles will be anonymised.

1.17 You agree to co-operate with us, and where necessary OpenPlay, where reasonably required in order for us, and where necessary OpenPlay, to provide the Services to you and other staff and students of the University. You acknowledge that refusal to co-operate in a timely manner may result in the University removing your access to the Services.

2. User Survey and personal data:

2.1 The user survey is compulsory at registration. It is a condition of your use of the Service and you hereby confirm that all the information you provide is accurate, correct, current, and complete.

2.2 All personal data in connection with the Service will be kept in accordance with OpenPlay’s Privacy Policy

3. Rewards: 

3.1 We will always endeavour to keep rewards up until their finish date, however, we reserve the right to remove rewards before their finish date if stock levels are depleted, or the item becomes no longer available, or unable to distribute safely.

3.2 If a reward has no stock, then it will no longer be available. All rewards are subject to change throughout the year based on availability.

3.3 Rewards must be redeemed within the active date.

3.4 There may be a reward buffer (limit to the total number of times a reward can be redeemed within a set timeframe). We reserve the right to change the number of times a reward is available to a user and the timeframe for which the buffer is active.

3.5 Merchant claim: rewards should only be redeemed at the point of sale with a member of staff present. If rewards are redeemed any earlier the reward claim will not be valid. Rewards and instructions on how to redeem are detailed on the app. Type of Merchants and where you reward can be used is also stated on the app.

3.6 Discount claim: on claiming the reward a unique code will be revealed. Instructions will be given on how to claim your reward. Users must only use a code once and must present this code as per instructions on the Bristol Moves+ app. Codes are presented to the merchant when redeeming. The code will not remain on the app once presented.

3.7 If a reward is incorrectly/mistakenly redeemed the associated points will not be reimbursed to the user. 

3.8 Once a reward is redeemed, it cannot be undone. 

3.9 We reserve the right to increase the points associated with each reward without notice. This is due to price inflation at the time of purchasing stock.

4. Groups and Challenges:

4.1 Private groups: we reserve the right to delete groups or block a group’s creator if there are examples of inappropriate content within a private group.

4.2 Private group goals: we reserve the right to limit the number of private group goals available.

4.3 You can only join one type of challenge at the same time. For example, the platform will prevent you from competing in two walking challenges at the same time. This is to ensure that users are not gaining bonus points across two challenges when they have only logged one instance of an activity.

4.4 If a user syncs their activity after the end date of a challenge, we cannot retrospectively add that activity to a challenge.

4.5 We urge you to only join public groups that are relevant to you, including any respective challenges within that group. 

5. Liability and Limitation of University’s Liability – THE USERS ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

5.1 Nothing in these Terms of Use shall limit or exclude the University's liability for:

(a) death or personal injury caused by its negligence, or the negligence of its personnel, agents or subcontractors;

(b) fraud or fraudulent misrepresentation; and

(c) any other liability which cannot be limited or excluded by applicable law.

5.2 Subject to clause 5.1, the University shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms of Use for loss of use or corruption of software, data or information, loss of anticipated savings, or any indirect or consequential loss.

5.3 Subject to clause 5.1 the University’s total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Terms of Use shall be limited to the greater of (a) an amount equal to that which it can recover from OpenPlay in respect of the same liability, less any reasonable costs or fees proper­­ly incurred in connection with recovering such amount; or (b) ten thousand pounds sterling (£10,000).

5.4 We give no warranty that (a) we are the custodian of any property and other rights in the Services and that their use will not infringe any intellectual property rights of any third party; nor (b) that any necessary consents, licences or authorisations have been obtained in relation to your use of the Services.

6.      General Terms

6.1 We may revise these Terms of Use from time to time and we will notify you of any changes. These changes will not be retroactive, and the most recent version of the Terms of Use will be binding. Your continued use of the Service will constitute your acceptance of any amended terms.

6.2 We shall not be held to be in breach of these Terms of Use nor liable for delay in performing, or failure to perform, any of our obligations under these Terms of Use if such delay or failure result from events, circumstances or causes beyond our reasonable control.

6.3 You shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights and obligations under these Terms of Use without the University’s prior written consent.

6.4 These Terms of Use constitutes the entire agreement between us and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to the Service.

General information:

If you experience any issues with the Moves app, please visit OpenPlays FAQs  If this web page doesn't answer your question, please email bristol-moves-project@bristol.ac.uk and we will aim to respond to your email within three working days. 

Connecting and Tracking:

• For trackers and wearables FAQs please see OpenPlays FAQs
  
• Bristol Moves+ can only provide points for the information pulled in from the tracker and these may vary marginally across tracking apps/devices. Where possible, we will always round-up.
• There may be some cases where trackers fail to connect with Bristol Moves+. Although we always do our best to resolve these issues via troubleshooting guidance, any absolute failure to connect is not always attributed to Bristol Moves+ and we cannot accept responsibility for the failure to connect in these cases.
• Please note that not all trackers can track swimming - Apple Health needs Apple Watch, Strava and Google Fit require a waterproof phone, Fitbit or certain models which allow for Swimming and GPS capability. Withings does not record distance or GPS data and therefore Bristol Moves+ is unable to read swimming from these devices. Please see OpenPlays FAQs for further details.

Updated 31 July 2023