PLEASE READ THESE LICENCE TERMS CAREFULLY
BY DOWNLOADING AND INSTALLING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD OR INSTALL THE APP.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND DOWNLOAD AND INSTALL THE APP.
1. WHO WE ARE AND WHAT THIS AGREEMENT DOES
1.1 We Digital 2000 Limited of President Park, President Way, Sheffield S4 7UR license you to use:
1.1.1 CheckPro mobile application software (App) and any updates or supplements to it;
1.1.2 The related Documentation (Documentation);
1.1.3 The service you connect to via the App and the content we provide to you through it (Service),
as permitted in these terms.
1.2 The Service is intended for use only by those who can access it from within the UK. If you choose to access the App or Service from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
2. YOUR PRIVACY
2.2 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 Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3. ADDITIONAL TERMS FOR THE SERVICES
In addition to these terms, your use of this App and the Services is governed by the following terms:
Service Web address of software supply agreement
CheckPro digital asset management and defect reporting system https://checkpro.com/software-service-agreement/ (Services Agreement)
4. THE APPSTORE’S TERMS ALSO APPLY
The ways in which you can download and use the App and Documentation may also be controlled by the Appstore’s own rules and policies, which may include permission for the Appstore to collect and use technical information about the devices you use the App on and related software, hardware and peripherals.
5. HOW TO TELL US ABOUT PROBLEMS
5.1 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 the address provided in your initial log in email.
5.2 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.
6. 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 and the Services Agreement you may:
6.1 download a copy of the App and view, use and display the App and the Service on your device(s) for business purposes only in accordance with the Services Agreement;
6.2 use any Documentation to support your permitted use of the App and the Service;
6.3 provided you comply with the Licence Restrictions make such copies of the App and the Documentation as are necessary for back-up purposes only; and
6.4 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.
7. 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. You may not 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.
8. LICENCE RESTRICTIONS
You agree that you will:
8.1 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;
8.2 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;
8.3 keep a secure password for your use of the App, Services and Documentation and you shall keep your password confidential and not share with any third party your password or access details provided to facilitate access to the Services;
8.4 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;
8.5 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:
8.5.1 is not disclosed or communicated without our 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
8.5.2 is not used to create any software that is substantially similar in its expression to the App;
8.5.3 is kept secure; and
8.5.4 is used only for the Permitted Objective;
8.6 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.
9. ACCEPTABLE USE RESTRICTIONS
9.1 You must:
9.1.1 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;
9.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or the Services, including by the submission of any material (to the extent that such use is not licensed by these terms);
9.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Services;
9.1.4 not use the App or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
9.1.5 not collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services.
9.2 You agree that:
9.2.1 any information or data that you submit when using the App and/or the Services (Content) will be accurate and complete;
9.2.2 you grant to us a fully paid-up, worldwide, non-transferable, non-exclusive, royalty-free irrevocable licence to us to use such Content in connection with the App and to the extent necessary for the provision of the Services and you warrant that you have all necessary rights and consents to enable you to grant us such a licence;
9.2.3 you are responsible for any consequences of our publication of such content in connection with App and/or the provision of the Services, and that we do not endorse such Content;
9.2.4 we may remove non-compliant Content from the App and/or the Services;
9.2.5 such Content cannot be kept confidential.
10. 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.
11. TECHNICAL PROTECTION MEASURES
The integrity of this App is protected by technical protection measures (TPMs) so that the intellectual property rights, including copyright, in the App are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of such TPM, provided that you may temporarily remove TPMs to the extent necessary for the purpose of exercising your rights to make back-up copies of the App or as permitted under paragraph 8 above [LINK TO “LICENCE RESTRICTIONS”].
12. CHANGES TO THESE TERMS
12.1 We may need to change these terms to reflect changes in law or best practice or to deal with technological developments, operational requirements or additional features which we introduce to the App and/or Services.
12.2 We will endeavour to give you notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.
12.3 If you do not accept the notified changes you should not continue to use the App and the Services.
13. UPDATE TO THE APP AND CHANGES TO THE SERVICES
13.1 From time to time we may automatically update the App and change the Services 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.
13.2 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.
14. 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.
15. WE MAY USE TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Services, you agree to us using any technical information, which may be shared with us (usually on an anonymised basis) by the Appstore, about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
16.1 Except as expressly and specifically provided in these terms:
16.1.1 you assume sole responsibility for results obtained from the use of the App, the Services and the Documentation, and for conclusions drawn from such use;
16.1.2 we shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts you provide to us in connection with the App and/or the Services;
16.1.3 we shall have no liability where you have failed 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;
16.1.4 all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these terms; and
16.1.5 the App, the Services and the Documentation are provided to you on an “as is” basis.
16.2 Notwithstanding any other provision of these terms, 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.
16.3 Subject to paragraph 16.1, 16.2 and 16.3 our total liability under these terms and or the Services Agreement shall not exceed:
16.3.1 an amount equal to the Subscription Fees paid to us under the Services Agreement in the 12–month period immediately preceding the first incident giving rise to the loss, or
16.3.2 for incidents occurring in the first 12 months of this Agreement, an amount equal to the paid and projected Subscription Fees for the period in which the Services have been provided.
16.4 We shall not be liable for property damage, consequential, indirect or special losses, any loss of profit, loss of business, business interruption, or loss of business opportunity.
17. LIMITATIONS TO THE APP AND THE SERVICES
17.1 The App is provided for use in conjunction with the Services only.
17.2 The App and the Services 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 Services.
17.3 Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
18. 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. We shall not be responsible for any loss or damage caused by the loss of such content or Data.
19. 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.
20. 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 commercially reasonable steps to minimise the effect of the delay. We will not be liable for delays caused by the event.
21. WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
21.1 We may end your rights to use the App and Services at any time by contacting you if you have broken these terms or the terms of the Services Agreement in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
21.2 If we end your rights to use the App and Services:
21.2.1 You must stop all activities authorised by these terms, including your use of the App and any Services;
21.2.2 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; and
21.2.3 We may disable your access to the App and cease providing you with access to the Services.
22. TRANSFER OF THIS AGREEMENT TO SOMEONE ELSE
22.1 We may transfer our rights and obligations under these terms to another organisation.
22.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
23. 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.
24. 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.
25. 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.
26. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE LEGAL PROCEEDINGS CAN BE BROUGHT
26.1 This contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
26.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this contract, its subject matter or formation (including non-contractual disputes or claims).