Beat the Street App Terms of Service

These Terms of Service (the "Terms) cover the 'Beat the Street' App, however it may be accessed or used. You must agree to these in order to use the app. These Terms form a legal agreement between you the player and Intelligent Health. By downloading the App, you acknowledge that you have read, understood and agree to these Terms and that you will abide by the End User Licence Agreement contained within these Terms.

You must must also agree to the terms of our privacy policy and cookies policy which form part of these Terms of Service. If you do not agree to any of these Terms, then please uninstall the app.

Intelligent Health

The Beat the Street App is managed by Intelligent Health. The term 'Intelligent Health' or 'us', 'our' or 'we' refers to the owner of the app whose registered office is Reading Enterprise Centre, University of Reading, Earley Gate, Whiteknights Road, Reading RG6 6BU. We are registered in the UK and our company registration number is 05760628.

Governing law

This Terms of Service and the End User Licence Agreement are governed by English law.

Description

The Beat the Street App facilitates playing the Beat the Street game for players > 13 years old, during the period that the live game runs (usually 4-6 weeks). Details of where Beat the Street games are taking place can be found on the Beat the Street website.

Definitions

  • Beat the Street is a competition players earn points, win prizes and discover more about their local area by walking, running and cycling. The term 'competition' refers to the Beat the Street game.
  • The Beat the Street Helpdesk refers to emails and helpdesk tickets submitted by the Help? widget on the app.
  • Beat Box - contactless card reader attached to street furniture across your area.
  • Gems - digital icons that players can collect via their phone. This is an app-only feature.
  • Beat the Street cards - contactless cards to hover against Beat Boxes to score points. The card needs to be registered online to join a team.
  • Lucky Box- draws will take place throughout the game where a swipe on a Beat Box from a registered player will be awarded a prize.
  • Cheating - driving between Beat Boxes, using e-scooters, swiping multiple cards per person (this refers to one person swiping multiple cards and fobs), or using someone else's card or fob constitutes as cheating.
  • Game page - each game has a dedicated game page that is named according to the area that the game is run. To find the game page for your area, select your area on the Beat the Street website.

End user licence agreement for Beat the Street

This End User Licence ("EULA) covers the 'Beat the Street' App, however it may be accessed or used.

Intelligent Health licenses the use of the Beat the Street App to you (it is not sold to you) and this licence is subject to your acceptance of this custom EULA. This EULA is a legal agreement between you (the player) and Intelligent Health.

The licence is also subject to the rules and/or policies of operators or appstore providers where you downloaded the Beat the Street App. We reserve all rights in and to the Beat the Street App that are not expressly granted to you under this EULA.

Scope of licence

Intelligent Health grants to you a non-transferable license to use the Beat the Street App as permitted by the conditions of use outlined in the Terms below.

The terms of this Standard EULA govern any content, materials, or services accessible from the Beat the Street App as well as upgrades provided by Intelligent Health that replace or supplement the original Licensed Application.

Operating systems

The Beat the Street App requires an Apple or Android device with internet access, a minimum 35 MB of memory, and minimum operating systems of iOS 11 and Android 10 and above.

Unauthorised use

Players using the Beat the Street App must be aged 13 years or over. If you are under the age of 13, you must uninstall this app. By proceeding to use this app, you confirm that you agree to this EULA and thereby that you are over the age of 13.

This EULA grants permission for you to use the Beat the Street App and its content for personal, non-commercial use only.

Players may not distribute or make the Beat the Street App available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Beat the Street App or create derivative works based on the Beat the Street App or its content.

You must not decompose, disassemble, or reverse engineer any part of any Service, or otherwise use a the app for any purpose other than those provided for by Intelligent Health.

You must not use the Beat the Street App in an unlawful manner or for unlawful purposes. Players must not use or facilitate the use of unauthorised third-party software such as bots, mods, hacks, and scripts to modify the operation of the Beat the Street App. (e.g. You must not hack into the app or insert code such as viruses or harmful data). You must also not cause or exploit defects or bugs in the Beat the Street App.

You must not export or re-export the Beat the Street App and must not use the app in any way that is prohibited by English law.

You must not use the content in any manner that could cause confusion among customers or in any way that may discredit Intelligent Health or infringe the company's intellectual property.

You must not create or develop products that are functionally similar to this app.

If you sell the device onto which you have downloaded this app, you must remove the Beat the Street App from the device before doing so.

Messaging via app team feed

Team leaders have the ability to create user-generated content for their team, which they can share on the team feed. You agree that where you create such content that you will comply with the applicable laws and regulations in English law that prohibit the sharing of content that may cause harm or upset to others or the sharing of content that is in violation of third-party intellectual property rights.

You also agree that you will adhere to an acceptable standard when adding content to the team feed and not send abusive, illegal, offensive or threatening communications. Intelligent Health is under no obligation to monitor the team feed.

Intellectual property: app

Unless otherwise noted, all content on the Beat the Street App, including artwork, screen shots, graphics, logos, downloads and other files, is the property of Intelligent Health and is protected by UK and international copyrights, trademarks and other intellectual property laws.

You must not duplicate or sell any part of the Beat the Street App content. Players do not have property or other rights in any content on the App, including player names, branded themes or similar, subject to any limitations under any applicable law.

Intelligent Health owns intellectual property rights in the Beat the Street App software. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Beat the Street App, any updates, or any part thereof (except as permitted by the licensing terms governing the use of any open-sourced components included within the Beat the Street Application).

You agree that you will not use the services of the Beat the Street app or website in a way that breaches the conditions of use, or our intellectual property rights or trademark rights as outlined in the terms of service.

Warranty and limitation of liability

You agree to use the Beat the Street App at your own risk. Intelligent Health makes reasonable efforts to ensure that the content of this app is up-to-date and accurate and up to date, but we cannot accept responsibility for any inaccuracies, expectations as to quality or subsequent changes, omissions or errors.

Please read the conditions of use within the Terms of Service in full before using the Beat the Street App to ensure that you use the App in a safe manner. You agree that you will abide by the conditions of use outlined in the Terms of Service, including, but not limited to, the safety guidance regarding adhering to road safety and practicing caution in relation to your surroundings when playing Beat the Street using the Beat the Street App.

Intelligent Health will not be held liable for any personal injury, trespass or damage to property from players using the Beat the Street App; players agree to use the App in a sensible manner and respecting the rights and safety of other people as they would when carrying out any outdoor activities.

Limitation of liability

Intelligent Health accepts no liability for any loss or damage resulting, directly or indirectly, from any use of the information or material contained on this app, or any site accessed from this app.

Please report that any issues that you discover with the app confidentially to the Beat the Street helpdesk (accessed by the Help? widget on the screen) directly so we can address them as quickly as possible. Please visit the Beat the Street website for information on how to contact us.

Data protection

Players agree that Intelligent Health can collect and use technical data and related information, such as technical information about your device, system and application software, and peripherals, which is collected to enable the provision of software updates, product support, and other services (if any) related to the Beat the Street App. Intelligent Health may use this information, in anonymised form, to improve our products or services.

For information on all what other data we collect when you use the Beat the Street App, and information about the purpose for which this data is used and with whom it may be shared, please see our privacy policy.

Termination

This EULA remains in effect until terminated either by the player or Intelligent Health. We may terminate this agreement if you breach any conditions set out in this EULA or Terms of Service.

Other platforms

The Beat the Street App provides access to the Beat the Street website. The conditions of use of Intelligent Health services provided via the website and beyond (including physical Beat Boxes and cards) are outlined in the Terms of Service.

Conditions for use: rules and restrictions for using the Beat the Street app

  1. Players must be aged 13 or over to use the Beat the Street App. If you are under the age of 13, you must uninstall this app. By proceeding to use this app, you confirm that you are over the age of 13. Players under the age of 13 can only enter the competition by playing the game with a card. You can find information on where to pick up a card and how to register your card for your local game on the Beat the Street website.
  2. The Beat the Street game is available to players who live, work, go to school or visit the area in which a game is running. The areas where games are currently running, and the duration of each game, can be found on the Beat the Street website.
  3. Competitions are open to residents of the UK only unless otherwise stated.
  4. You must register with Beat the Street to see your points and journeys completed, compete on the individual leaderboard, gain awards, join teams and also be eligible to win prizes.
  5. Only people, no animals or inanimate objects/beings, may use the app to play the game.
  6. The competition will run from the dates stated on each game page of the Beat the Street website.
  7. The competition will start on 00.00am on the date stated on each game page.
  8. The competition will end at 19.00pm on the date stated on each game page.
  9. Players using the app can play solely with the app and there is no need to register a Beat the Street card.
  10. If you choose to register a card when playing with the app, you must link your card to your account by registering the card via the app or website using the same email address. This will ensure that points from card or app play will link to the same player and leaderboards/teams.
  11. If a player chooses to register a Beat the Street card via the app, they have the choice to collect points from Beat Boxes by either swiping a card or by using their phone.
  12. Players must visit at least two Beat Boxes within an hour to gain 10 points. However, players must ensure that they do not visit these two Boxes in under a minute as this will not award points. For further information on this rule please see How to Play.
  13. Players using the app can also collect Gems, when using the app. Gems are an app-only feature of the game and appear on an app-only leaderboard. These are only visible during active play and can be collected within an area that is 50 metres in diameter, so there is no need for a player to go to a closely-defined area or location. Gems do not award points.
  14. Card players can also collect Gems, but only when playing with an app player. To collect Gems as a card player, you need to connect your account to the app player's account i.e. a family account and swipe their card on the app player's phone when the app player collects a gem. You must be travelling with that player at the time of collection.
  15. Hidden Gems that appear throughout the game allow players to discover local points of interest as they play – further connecting people to their local environment.
  16. Prizes can only be sent to a valid UK address unless otherwise stated.
  17. To be eligible for the main prizes, a team needs to have 12 team members before the game enters its final week. Any teams that are smaller than 12 players, will not be eligible for the main prizes and will feature on a separate small teams leaderboard.
  18. Players will not be permitted to register their card or change teams in the final week of the game. If a player needs to change team in the last week of the game, they can email team@beatthestreet.me
  19. Lucky Box Winners will be chosen at random from all valid entries from registered players. Winners will be contacted via email.
  20. If a player cheats (i.e. who swipe multiple cards, drive between Beat Boxes or registers fake accounts), Intelligent Health will take action that we deem appropriate to uphold the integrity of the game, which in some cases will include disqualification or wiping cards and points.
  21. The Beat the Street competition is open to employees or agencies of Intelligent Health and partners, their group company’s family members and anyone else connected to the prize draw. Such persons will be eligible to play the game and to win prizes however prize winners (including employees/spouse/children) will be required to donate prizes to a suitable nominated cause/person(s).
  22. In the unlikely event of the prize (or one or more constituent elements) not being available, Intelligent Health and partners reserve the right to provide a similar prize of equal or greater value.
  23. Prizes are non-exchangeable, non-transferable, and (if applicable) not redeemable for cash.
  24. Occasionally Beat Boxes may be broken or vandalised. In the event of a box being down, we make a reasonable effort to fix or replace the Box as quickly as possible.
  25. Occasionally, where a Beat Box may be vandalised on multiple occasions or stocks of Beat Boxes are low due to damage on other Boxes, we may have to take the decision not to replace a Beat Box.
  26. In the event that a player misses out on points due to a Beat Box being broken, we unfortunately cannot add points retrospectively to a player's account.
  27. Intelligent Health is compliant with the EU General Data Protection Regulation. Our policy is such that we will not pass on your details to any third party without your prior consent. For information please refer to our privacy policy.
  28. Intelligent Health and partners accepts no responsibility for any costs associated with the prize and not specifically included in the prize.
  29. Intelligent Health and partners shall not be liable for any failure to comply with its obligations where the failure is caused by something outside its reasonable control.
  30. Players should be aware of their surroundings when playing Beat the Street. They should practice sensible road safety and caution. The game has similar risks as walking, scooting, cycling or playing outdoors.
  31. Players using the app should not operate their phone while moving, whether walking, cycling or driving a vehicle. We have added notifications in the app to remind players to stop in a safe place before using their phone that notify players the first two times that they navigate to the map. Parents should supervise any of their children using the app (who must be > 13 years), including how to play safely and to be aware of their surroundings.
  32. Players of Beat the Street should not go into any places where they are not permitted, or where there may be hazards or safety concerns, and exercise the same caution that they would do when travelling around their local area for any outdoor activity.
    1. Sometimes the accessibility or safety of an area can depend on the time of day or other factors such as a player's age or if they are playing unaccompanied.
    2. If a player spots a Beat Box in a location that they think is unsuitable for safety or other reasons, please report this to our helpdesk team via the Help? widget who will investigate the issue further. When selecting Beat Box locations, we always try to consider the potential impact on safety and carry out a risk assessment for each location. In the instance that a player reports a location as being unsuitable, we will carry out another review of that location accordingly.
    3. Gems have a 50 metre diameter so players should not have to travel anywhere that is inappropriate or unsafe to collect a Gem.
  33. Intelligent Health and partners accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering or participating in Beat the Street.
  34. Intelligent Health and partners reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this prize draw with or without prior notice due to reasons outside its control (including, without limitation, in the case of anticipated, suspected or actual fraud).
  35. The decision of Intelligent Health and partners in all matters under its control is final and binding and no correspondence will be entered into.
  36. In light of the Coronavirus pandemic, Intelligent Health has put a number of safety measures into place to comply with government guidelines. In the event of increased government restrictions that disrupt gameplay, Intelligent Health will work with partners to ensure any new guidelines are met.
  37. This is our policy on adding points to an individual or team account. Unfortunately we cannot award points deemed to be lost from non functioning Beat Boxes. The only time players can earn points individually or for their team is for certain events or promotions run by Beat the Street. In these instances, the terms and conditions will be explained clearly and will not favour or discriminate any particular person, group or team. Any points that are added to an individual or team account will be at the discretion of Beat the Street.

Registration

To register to play Beat the Street, players need to provide a valid email address and date of birth to register to play Beat the Street. For information on how we manage your data, please see our Privacy Policy.

You are responsible for ensuring that you keep your login and password for your account confidential.

How users can terminate accounts/registration

You can terminate your account at any time by contacting our Helpdesk via the Help widget on our App and requesting that they remove your account details. If you terminate your account, you can no longer take part in the competition or subsequently receive/be entered for any prizes.

For more information on your right to erasure of your data, please see our Privacy Policy.

Acceptable use

Acceptable use of the Beat the Street App is covered in the End User Licence above. Should a user misuse the app or breach the Terms of Service or EULA, Intelligent Health may terminate, deactivate or suspend a player's account and disqualify them from taking part in the game.

Updates/changes

Intelligent Health retains the right to update or modify this Terms of Service at any time, so please check this page regularly. Your continued use of this app will deem that you accept these Terms.

Contact information

You find contact details for Intelligent Health on our contact page.

If you do not agree to the above Terms of Service and EULA, you may not access or use the Beat the Street. Please check these regularly. We may update and modify the Terms from time to time. Your continued use of the Service means that you have accepted those modifications.