PLEASE READ THESE APP LICENCE TERMS CAREFULLY

 

Who we are and what this Agreement does

We Aqualisa Products Limited (CRN: 01281596) of The Flyer’s Way, Westerham, Kent, TN16 1DE, license you on a non-exclusive, non-transferable basis, the right to use:

·                          Aqualisa mobile application software, the data supplied with the software, and any updates or supplements to it (“App”);

·                          the related online documentation (“Documentation”);

·                          the service you connect to via the App and the content we provide to you through it (“Service”), as permitted in this Agreement (“Agreement”).

 

Your privacy

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided at https://www.aqualisa.co.uk/privacy-policy  and it is important that you read that information.

 

Third party terms also apply

The ways in which you can use the App and Documentation may also be controlled by a third party’s rules and/or polices. For example, an app store (e.g. Apple App Store, Google Play Store or Samsung Galaxy App Store) (“App Store”) or a third party device provider (e.g. Google Nest, Amazon Echo etc.) (“Third Party Provider”). If there are any differences between this Agreement and the applicable App Store’s and/or Third Party Provider’s terms and policies, the terms and policies of the applicable App Store’s and/or Third Party Provider’s will apply instead of this Agreement.

Furthermore, if any open-source software is included in the App, the terms of an open-source licence may override some of the terms of this Agreement.

 

Operating system requirements

The App requires an Apple or an Android device. If you want to learn more about the minimum operating systems for both Apple and Android that we support, please contact us using the details below.

 

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 using the details below.

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 email our customer service team at [email protected] or call them on 01959 560010 or 01864 3363 (ROI) between 8.30am and 5.00pm.

How we will communicate with you. If we have to contact you, we will do so by email, by SMS or by pre-paid post, 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 this Agreement you may:

·                          download or stream a copy of the App on to 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; 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.

 

You must be 18 to accept these terms and buy the App

You must be 18 years old or more to accept this Agreement and download the App. If you’re not over 18, you cannot download and use this App unless your legal guardian has accepted and agreed to this Agreement.

You may not transfer the App to someone else

Except as expressly set out in this Agreement, you may not otherwise transfer the App or the Service to someone else, whether for money or otherwise. If you sell any device on which the App is installed, you must remove the device from the App and the new owner must create their own account and accept the terms of this Agreement in order to use the device, the App and the Service.

 

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 30 days’ notice of any material change by sending you an email or SMS with details of the change or notifying you of a change when you next start the App.

If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you.

 

Updates 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.

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 work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.

 

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 and they may be charged by your and their service providers for internet access on the devices. You should check with your mobile or internet service provider for details of data and internet usage charges. You will be responsible for complying with the terms in this Agreement, whether or not you own the phone or other device.

We are not responsible for other websites you link to

The App or any Service may contain links to other independent websites or services which are not provided by us. Such independent sites and services 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 and services, including whether to buy any products or services offered by them.

 

Licence restrictions

Except as expressly set out in this Agreement or as permitted by any local law, 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 or 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 on devices as permitted in this Agreement;

·                          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 unnecessarily disclosed or communicated without our prior written consent, to any third party; and

·                         is not used to create any software that is substantially similar to the App;

·                         is kept secure; and

·                         is used only for the Permitted Objective;

·                          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

You must:

·                          not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the terms in this Agreement, 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, including by the submission of any material (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 this Agreement.

You acknowledge that you have no right to have access to the App in source-code form.

 

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 the terms in this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking of 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 this Agreement, 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.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are not responsible for third party fees. We are not responsible for any data usage, roaming or other charges you incur when accessing the internet through your mobile or other handheld devices.

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.

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 we decide to discontinue the App or if you have broken the terms in this Agreement in a serious way. 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 this Agreement, 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 transfer this Agreement to someone else

We may transfer our rights and obligations under this Agreement 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 this Agreement.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under this Agreement 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 Agreement illegal, the rest will continue in force

Each of the paragraphs of this Agreement 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 Agreement, we can still enforce it later

Even if we delay in enforcing the terms in this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking of the terms in this Agreement, 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.

 

Which laws apply to this Agreement and where you may bring legal proceedings

This Agreement is governed by English and Welsh law and you can bring legal proceedings in respect of the products in the English and Welsh courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

Alternative dispute resolution

We have a complaints procedure which you can access if you have any issue with the supply of goods and/or services – please contact us to discuss a complaint in the first instance. If you are not satisfied with the outcome, you can contact Citizens Advice or seek 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 satisfied with the outcome you can still bring legal proceedings.