Effective Date: 2 July 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THE APP.
The App is intended for use only by registered gas engineers.
We recommend that you print or save these terms for future reference.
We are Gas App UK Limited ("we", "us" and "our") of Shakespeare Buildings, 26 Cradley Road, Cradley Heath, West Midlands, United Kingdom, B64 6AG
Where you have successfully registered for an account via our website (http://www.gasapp.co.uk/), we license you to use:
as permitted in these terms.
YOUR USE OF THE SERVICES
We offer all users a free 7-day trial of our Services via our website and App subject to compliance with these terms and the other applicable terms listed below. If after 7 days of first signing up for the free trial on our website or downloading the App, whichever is earlier, you have not signed up for a paid subscription, you will no longer be entitled to access the website or the App. Details of how to subscribe to our Services are set out in the Service Terms and Conditions.
Your use of the Services will also be governed by the following terms:
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 terms and conditions of your app store provider. The app store provider's terms will apply instead of these terms where there are differences between the two. See Apple Media Services rules and policies or Google Play (as relevant) for further information.
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 firstname.lastname@example.org.
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 email@example.com.
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.
· use any Documentation to support your permitted use of the App and the Service.
· provided you comply with these terms, make one copy of the for back-up purposes; and
· receive and use any free supplementary software code or updates of the App incorporating "patches" and corrections of errors as we may provide to you.
YOU MUST BE 18 OR OVER TO ACCEPT THESE TERMS AND BUY THE APP
You must be 18 or over 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.
UPDATES TO THE APP AND CHANGES TO THE SERVICES
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. Your app store 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.
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.
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.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation 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 Documentation or the Services other than the right to use them in accordance with these terms. Our Terms of Service set out further details in relation to intellectual property rights.
PRIVACY AND DATA PROTECTION
Where we process personal data on your behalf (for example, your customers’ personal data), we will do so in accordance with Annex 1 (Data Processing Terms) of the Terms of Service. You warrant to us that you have obtained the necessary consent under any applicable data protection laws to pass your customers’ personal data to us.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. We shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, other otherwise, for:
(a) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; or
(b) any: (i) loss of profit; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption or software, data or information; or (vi) loss of or damage to goodwill.
Our total liability for other losses. Our total liability to you in respect of all other losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total amount of the subscription fees paid in the preceding 12 months.
Losses that cannot be excluded. Nothing in these Terms shall limit or exclude any liability which cannot legally be limited, including but not limited to, death or personal injury caused by negligence; fraud or fraudulent misrepresentation; and breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.
Notice period for claims. Unless you notify us of your intention to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of having grounds to make a claim in respect of the event and shall expire 12 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
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 and we do not warrant that they will be suitable for your purposes.
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.
TERMINATING THE SERVICES
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 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.
If you no longer wish to use the Services, you can request to close your account at any time, but this will not entitle you to a refund of subscription fees for the unused portion of the Services.
On termination of the App or Services by you or us:
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 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, please follow the dispute resolution procedure in the Terms of Service.
Last Updated: 2019-07-22 16:09:15