Effective Date: 24th April 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING THE APP
BY BUYING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT BUY THE APP.
We recommend that you print or save these terms for future reference as we cannot guarantee that they will remain accessible on our Website or the App in future.
The App and the Website are intended for use only by registered gas engineers.
Gas App UK Limited ("We") of Shakespeare Buildings, 26 Cradley Road, Cradley Heath, West Midlands, United Kingdom, B64 6AG license you to use:
· Gas App UK (version 1.9.1) mobile application software, the data supplied with the 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.
The following policies also apply to your use of the App:
You must download the App and register an account with us in order to access and use the services. In registering with us, you agree to provide us with information about yourself which is true, accurate and complete, and to update promptly such information if it ceases to be true, accurate and complete. You also acknowledge, agree and confirm that you are downloading and using the App wholly or predominantly for the purposes of a business carried on by you or intended to be carried on by you. Accordingly, you acknowledge that you are not entering into this contract as a consumer and no consumer rights are granted to you under these terms and conditions.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App, the Website or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Appstore's terms also apply
The ways in which you can use the App, the Documentation and the Services may also be controlled by the Apple Media Services rules and policies or Google Play will apply instead of these terms where there are differences between the two .
Operating system requirements
This app is compatible with iPhone, iPad and iPod touch with iOS 9.0 or later and other devices. We do not guarantee that the App is or will be compatible with any other device. To use the Services you must have internet access.
Support for the App and how to tell us about problems
Support. If you want to learn more about the App or the Service or have any problems using them please contact us at email@example.com.
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please contact us at firstname.lastname@example.org.
How we will communicate with you . If we have to contact you we will do so by email, by SMS or by in-app notifications, using the contact details you have provided to us.
How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with these terms you may:
· download or stream a copy of the App onto your device and view, use and display the App and the Service on such devices for your personal purposes only. In addition you may share the App and the Service in accordance with the rules set out here.
· use any Documentation to support your permitted use of the App and the Service.
· provided you comply with the these terms and conditions; and
· receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
Free Trial period
This is a subscription service. We offer all new customers an initial free trial period of seven (7) days ("Free Trial Period") during which our Service is supplied to you without payment. The Free Trial Period is only available once per customer.
The Free Trial Period starts on the day you sign up to our Service and ends on the seventh (7) day immediately following sign up. You can cancel your subscription at any time during the Free Trial Period without charge by following the in-App instructions.
If you subscribe to our Service and do not cancel within the Free Trial Period – whether you have completed our authentication process or not – you will be liable to pay us the full price of your subscription and authorise us to charge your credit or debit card account with the subscription fee for the subscription you have applied for, together with any further renewal fees for subsequent subscription periods in accordance with these terms and conditions.
You must only use the Free Trial Period for the purpose of a genuine assessment of the App, and you must not attempt to use the App for more than one trial period.
Refer a friend
The refer-a-friend promotion is a points reward scheme for existing customers who successfully refer a third party to Gas App UK Limited and such third party subscribes to the App for at least 12 months.
To qualify as a successful referral, the third party being referred must not have previously been a customer or subscriber of the App previously (or held any other account with Gas App UK Limited), must subscribe for an annual subscription and have paid the applicable fee relevant to their subscription in advance.
Each successful referral will entitle the referrer to 100 referral points which will be credited to the referrers in-App account within 14 days of the referred customer having subscribed to the App. Such points can then be redeemed by the referrer against prizes showing in the in-App store.
All prizes are subject to availability. If a particular prize is no longer available an alternative prize will be offered for the equivalent points. Prizes will be de delivered within 21 days of the customer redeeming their points against the chosen item.
Gas App UK Limited does not accept any liability for damage to or loss of the products or other items offered as prizes and purchased by the customers through the Refer a Friend scheme. Should the customer discover any fault or damage with such prize, the customer shall only be entitled to the warranty granted by the manufacturer of the product and shall pursue such manufacturer directly in this regard.
You must be 18 to accept these terms and buy the app
You may not transfer the App to someone else
We are giving you personally the right to use the App and the Service as set out above. Whilst you may have sharing rights as set out above, you may not otherwise 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.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 14 days notice of any change by sending you an SMS or an email with details of the change or notifying you of a change when you next start the App.
By continuing to use the App you consent to our amended terms and conditions. If you do not accept the notified changes, please let us know.
Update to the App and changes to the Service
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons. The appstore has no obligation to supply any maintenance and support services in relation to the App.
We may remove digital content, reduce the availability of the Services and Documentation and removal of one or more social media groups at our absolute discretion.
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.
The App will always match the description of it provided to you when you bought it.
We may write to you to let you know that we are going to stop providing the service. We will let you know at least 14 days in advance of our stopping the supply of the service and will refund any sums you have paid in advance for services which will not be provided.
If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
We may collect technical data about your device
We are not responsible for other websites you link to
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.
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, Documentation 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, Documentation 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;
· not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program ( Permitted Objective), and provided that the information obtained by you during such activities:
· is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
· is not used to create any software that is substantially similar in its expression to the App;
· comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
Acceptable use restrictions
· 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;
· not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);
· not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
· not 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
· not 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.
While certain features and parts of the App are available to users free of charge, full use of the App is available only to users who subscribe. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified by us on the Appstore, in-App or elsewhere. Payment is in advance.
Only one subscription is permitted per account.
The prices shown on our Website include any applicable VAT unless we say otherwise.
Where specified when you subscribed, your subscription may continue to be auto-renewed for the same subscription period which you signed up to unless you cancel your subscription before the renewal date by following the in-App instructions. You authorise us, the Appstore and third party payment providers to charge your payment card or otherwise take payment of the relevant amounts when payments are due in accordance with this agreement. Alternatively, we may not auto-renew your subscription in which case it will end when the subscription period finishes unless you manually renew it.
We may at any time change our subscription prices for existing subscribers. If so, we will give you notice by email, SMS or in-app message at least 28 days before any price change takes effect. If you do not accept the new fee, you should cancel your subscription. Otherwise the next renewal of your subscription after the 28 days' notice will be at the new price.
You must contact us immediately with full details if you dispute any payment.
You must make all payments without any set-off, counterclaim or any other deduction.
If any amount due to us is unpaid (including unjustifiable chargeback), without prejudice to any other remedy that may be available to us, we may charge you: (1) a reasonable additional administration fee; (2) the amount of any third party charges imposed on us; and/or (3) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
Intellectual property rights
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. 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.
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.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Limitations to the App and the Services . The App and the Services are provided for general information and entertainment purposes only. They 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.
Please back-up content and data used with the App . We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you . The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
We may end your rights to use the App and the Services if you break these terms
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms. If what you have done can be put right we will give you a reasonable opportunity to do so.
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.
· We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
If we have given you notice of cancellation, you must promptly delete the App from all your devices and you must not re-download the App or otherwise attempt to use it.
Termination of the services
You are entitled to end the Services at any time by deleting your account within the App. This does not entitle you to a refund.
Following termination of the Services, your right to use the App and all licences are terminated.
Following the expiry of your subscription period we reserve the right without notice to irretrievably delete your content without prior notice. Content includes all information of whatever kind (including photos and comments), published, stored or sent on or in connection with our App.
We do not guarantee your results
We do not guarantee that you will achieve the same or similar results as those examples and demonstrations shown in the materials comprising the Services (whether video content, written content or otherwise).
We may have content on our app or website from third parties
We may link to third party websites which may be of interest to you and/or include third party advertising on our App or Website and/or use third party-provided services on our App or Website. This information and these materials have not been verified or approved by us. We have no control over the content, quality or material of any third parties (including users). We are not responsible or liable, directly or indirectly, for any damage, claim or loss caused by or in connection with use of any content, products or services available by or through any third parties.
We reserve the right to place advertisements adjacent to or within any content you post on our App, and to retain all revenue from such advertisements.
We may transfer this agreement to someone else
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 the contract.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No rights for third parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force
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
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 breaking this contract, 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.
Alternative dispute resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact a alternative dispute resolution provider.
APP & WEBSITE TERMS AND CONDITIONS: DATA PROTECTION
Data Protection Legislation: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
1. DATA PROTECTION
1.1 Each party shall comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
1.3 All Personal Data created through this agreement shall be owned by you and we shall not use this Personal Data for any purpose other than that set out in this agreement, without the prior written permission of you.
1.4 You grants us a licence to create databases from, copy and store the Personal Data solely to perform this agreement, for the term this agreement.
1.5 Without prejudice to the generality of clause 1.1, you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to us for the duration and purposes of this agreement.
1.6 Personal Data transferred by you to us for the purpose of this agreement shall be done so securely via the App.
1.7 Both parties will maintain registration with the Information Commissioner's Office (if applicable) in accordance with Data Protection Legislation.
1.8 Without prejudice to the generality of clause 1.1, we shall, in relation to any Personal Data processed in connection with the performance by us of our obligations under this agreement:
1.8.1. process that Personal Data, use any privacy notices and other information supplied by you solely for the purposes of this agreement unless we are required by the laws of any member of the European Union or by the laws of the European Union applicable to us to process Personal Data (Applicable Laws). Where we are relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, we shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the us from so notifying you;
1.8.2. ensure that it has in place appropriate technical and organisational measures, reviewed and approved by you, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
1.8.4. not transfer any Personal Data outside of the European Economic Area unless the prior written consent of you has been obtained and the following conditions are fulfilled:
(a) either party has provided appropriate safeguards in relation to the transfer;
(b) the data subject has enforceable rights and effective legal remedies;
(c) we have complied with our obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
(d) we have complied with reasonable instructions notified to it in advance by you with respect to the processing of the Personal Data;
1.8.5. not disclose the Personal Data, privacy notices or other information supplied by you to any third party other than on your written instructions or as required by Applicable Laws.
1.8.6. assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
1.8.7. notify you without undue delay on becoming aware of a Personal Data breach;
1.8.8. at the written direction of you, such written direction must be received within 14 days of the termination or expiry of the agreement. delete or return all Personal Data and copies thereof to you unless required by Applicable Laws to store the Personal Data. If we do not receive written direction from you within 14 days of the termination or expiry of the agreement all your personal data will be deleted. The Personal Data returned may be in a different form to the form provided, such form to be at our entire discretion; and
1.8.9. maintain complete and accurate records and information to demonstrate its compliance with this clause, and shall provide on demand of you.
Last Updated: 2019-05-02 16:09:15