PLEASE READ THESE TERMS CAREFULLY BEFORE REGISTERING FOR THE SERVICES
We are Gas App UK Limited (referred to as " we", "us" and "our" in these Terms). We are registered in England and Wales under company number 10164162 and have our registered office at Shakespeare Buildings, 26 Cradley Road, Cradley Heath, West Midlands, United Kingdom, B64 6AG.
To contact us, including in relation to complaints, please email email@example.com .
We have developed a website ( www.gasapp.co.uk ) and mobile application (App) through which you are able to access our Services. Throughout these Terms, Services will mean the services provided by us to you, a registered gas engineer, via our website or App.
This page (together with the documents referred to below) sets out the terms (Terms) which apply when you use our Services and which make up the contract between us.
(c) our Acceptable Use Policy which can be found here: Acceptable Use Policy; and
(d) our App Terms and Conditions which can be found here: App Terms and Conditions.
By registering for an account on our website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not register for the Services on our website or download the App.
We recommend that you print a copy of these Terms for future reference.
We may amend these Terms from time to time. Every time you wish to use our website or App, please check these Terms to ensure you understand the terms that apply at that time. Your continued use of the website or App following any changes to these Terms will constitute your acceptance of the changes and your continued agreement to be bound by the Terms as amended.
From time to time we may also make changes the Services to implement technical adjustments and improvements, for example to address a security threat. We cannot guarantee that the Services will not change but we will use reasonable endeavours to not reduce functionality where possible.
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.
In order to access the website and App, you need to register for an account with us on our website or app and create a profile.
In return for us granting access to our website and App, you agree to:
(a) provide us with accurate, complete and up to date information about yourself and your business when registering for an account setting up your profile;
(b) ensure your profile is accurate, complete and up to date at all times; and
(c) pay the subscription fees in advance of the relevant subscription period.
Access to the Services via our website and App may be temporarily or permanently suspended or withdrawn if we have reasonable grounds to suspect that any information provided by you is untrue, inaccurate, out of date or incomplete or if you register for multiple accounts.
FREE TRIAL PERIOD
We offer all new customers an initial free trial period of seven (7) days ("Free Trial Period") during which our Services are 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 for an account via our website or App and ends on the seventh (7) day immediately following sign up. If you have not signed up for a paid subscription by the seventh (7) day of the Free Trial Period, the Free Trial Period will come to an end and you will no longer be entitled to access the Services via the website or App.
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.
Subscriptions to the Services can be acquired from our website at the prices, for the periods and by the payment methods specified there. Your subscription will entitle you to full access to our website portal and, for your convenience when you are mobile, to our App.
We offer the following two types of subscriptions:
(a) a rolling one-month subscription which will continue indefinitely until you or we cancel it; and
(b) a fixed-term subscription (usually one-year duration) at the end of which, your subscription will automatically renew unless you give us notice at least 7 days before the anniversary of your subscription start date that you wish to cancel it. We will ask you to make payment for your renewed subscription via our payment gateway.
Only one subscription is permitted per account.
The Services provided on subscription are directed at users based in the United Kingdom. We do not represent that the Services will be available or appropriate for use in any other territory.
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 Services (or held any other account with us), 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 account within 14 days of the referred customer having subscribed to the Services. Such points can then be redeemed by the referrer against prizes showing on the website portal or 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.
We do 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 friend referral scheme. Should the customer discover any fault or damage with such prize, the customer will only be entitled to the warranty granted by the manufacturer of the product and will pursue such manufacturer directly in this regard.
(a) ensure that any information you provide in your profile is complete and accurate;
(b) co-operate with us in all matters relating to the Services including the prompt provision of any instructions, decision, approval or consent required by us in order to continue with the provision of the Services; and
(c) comply with all applicable laws, including health and safety laws.
You will use the website and 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.
If our performance of any of our obligations under these Terms is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Default) then:
(a) without limiting or affecting any other right or remedy available to us, we will have the right to suspend performance of the Services until you remedy the Default, and to rely on the Default to relieve us from the performance of any of our obligations in each case to the extent the Default prevents or delays our performance of any of our obligations;
(b) we will not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations; and
(c) you will reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Default.
Payment is due in advance of the relevant subscription period and will be deducted from the payment card linked to your profile. For the avoidance of doubt, payment in respect of the rolling one-month subscription is due each month in advance. The prices shown on our website include any applicable VAT unless we say otherwise.
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 may cancel your subscription on 30 days' notice and the old fee will continue to apply until the subscription terminates. If we give notice of a change in subscription prices and we do not hear from you after 28 days, 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.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
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 website or App . We recommend that you back up any content and data used in connection with the website or App, to protect yourself in case of problems with the website, 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.
You shall indemnify us against any costs, liability, damages, loss, claims or proceedings arising from loss or damage arising out of any negligent acts or omissions of you or your agents or employees.
We reserve the right to suspend your account for any reason including, without limitation if you have breached any of your obligations or if you are in default of payment of any fees due. We shall not be in breach of these Terms by virtue of that cancellation or postponement.
We may terminate the contract and deactivate your account if:
(a) we have reasonable grounds to believe you have breached these Terms; or
(b) you fail to make payment of any sum owed within 14 days of the due date for payment, whether demanded or not.
If we end your rights to use the website, App and Services:
(a) you must stop all activities authorised by these terms, including your use of the Website, App and any Services; and
(b) 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.
Following termination of the Services, your right to use the website, App and all licences will immediately terminate.
Following the expiry of your fixed-term 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 website or 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).
All intellectual property rights in the website App, Documentation and Services throughout the world belong to us (or our licensors) and the rights in the website, App, Documentation and the Services are licensed (not sold) to you on a non-exclusive basis. You have no intellectual property rights in, or to, the website App, Documentation or Services other than the right to use them in accordance with these terms.
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). 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, the Website or any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
Our website or App may include links to third-party websites, plug-ins and other applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements or content. We are therefore 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 website and App, and to retain all revenue from such advertisements.
You may use our App only for lawful purposes. You may not use our App:
(a) in any way that breaches any applicable local, national or international law or regulation;
(c) in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
You also agree not to reproduce, duplicate, copy or re-sell any part of our App.
Your contributions to our App must be accurate (where they state facts), genuinely held (where they state opinions) and comply with the law applicable in England and Wales and in any country in which you are based.
Your contributions to our App must not be obscene, offensive, hateful or inflammatory or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. We reserve the right to remove any offending content.
We do not guarantee that our website or App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our website or App. You should use your own virus protection software.
You must not misuse our website or App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website or App, the server on which our website or App is stored, or any server, computer or database connected to our website or App. You must not attack our App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App will cease immediately.
If a dispute arises out of or in connection with these Terms or the performance, validity or enforceability of it (Dispute) then the parties shall follow the procedure set out below:
(a) either party shall give to the other written notice of the Dispute, setting out its nature and full particulars ( Dispute Notice), together with relevant supporting documents. On service of the Dispute Notice, the parties nominated representatives shall attempt in good faith to resolve the Dispute;
(b) if the parties are for any reason unable to resolve the Dispute within 20 days of service of the Dispute Notice, the parties agree to enter into mediation in good faith to settle the Dispute in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties within 20 days service of the Dispute Notice, the mediator shall be nominated by CEDR. To initiate the mediation, a party must serve notice in writing (ADR notice) to the other party to the Dispute, referring the dispute to mediation. A copy of the ADR notice should be sent to CEDR. Unless otherwise agreed between the parties, the mediation will start not later than 30 days after the date of the ADR notice.
(c) The commencement of mediation shall not prevent the parties commencing or continuing court proceedings in relation to the Dispute.
Applicable law and jurisdiction . These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Any disputes (contractual or otherwise) will be decided at the exclusive jurisdiction of the courts of England and Wales.
Severance . 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.
Transferring this agreement . We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. 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 to this in writing.
Third party rights . The contract made under these Terms is between the account holder and us. No other person shall have any rights to enforce any of its Terms. Neither of us will need to get the agreement of any other person in order to end the contract between us or to make any changes to these Terms.
Waiver . 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 breaching these Terms, 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.
Interpretation. (a) a reference to "writing" or "written" includes fax and email; (b) any reference to a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time; (c) the headings used in these Terms are for convenience only and shall have no effect upon interpretation.
ANNEX 1 - DATA PROTECTION
1. In these Terms, Data Protection Legislation means (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 including the Data Protection Act 2018 and then (ii) any successor legislation to the above.
2. Each party will 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.
3. Where we process personal data (as defined in the Data Protection Legislation, Personal Data) on your behalf, including the Personal Data (as defined below) of your customers, you are the data controller and we are the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation). Our processing of such Personal Data will be as follows:
3.1.1. Purpose of processing: to provide you with the Services.
3.1.2. Duration of Processing: up to 30 days following termination of the contract.
3.1.3. Types of personal Data:
3.1.4. Categories of data subject: your customers and/or potential customers.
4. All Personal Data provided by you to us under these Terms will be owned by you and we will not use this Personal Data for any purpose other than that set out in these Terms, without your prior written permission. You grant us a licence to create databases from, copy and store the Personal Data solely to perform the contract, for the term the contract.
5. Without prejudice to the generality of paragraph 2 of this Annex 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 the contract.
6. Personal Data transferred by you to us for the purpose of the contract will be done so securely via the website or App.
7. Without prejudice to the generality of paragraph 2 of this Annex 1, we will, in relation to any Personal Data processed in connection with the performance by us of our obligations under these Terms:
7.1. process that Personal Data, use any privacy notices and other information supplied by you solely for the purposes of the contract 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 will 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;
7.2. ensure that we have in place appropriate technical and organisational measures 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 our 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 us);
7.4. 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 us in advance by you with respect to the processing of the Personal Data;
7.5. 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.
7.6. assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with our obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
7.7. notify you without undue delay on becoming aware of a Personal Data breach;
7.8. at the written direction of you, such written direction must be received within 14 days of the termination or expiry of the contract. 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 contract 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
7.9. maintain complete and accurate records and information to demonstrate our compliance with this Annex 1.
Last Updated: 2019-07-22 16:07:57