APP TERMS AND CONDITIONS
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. You will use 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.
The Services available to you via our website and the App will depend on whether you opt to create an account free of charge (a Standard Account) or a paid for account (a Premium Account). The differences in the Services available in the Standard Account and the Premium Account are set out on our website.
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 (https://www.gasapp.co.uk), we license you to use:
as permitted in these terms.
Details of how to subscribe to the Services are set out in the Service Terms and Conditions.
In addition to these terms, your use of the Services will also be governed by the following:
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.
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.
To make full use of the Services associated with a Premium Account you will require Bluetooth.
Support: If you want to learn more about the App or the Service or have any problems using them please contact us at support@gasapp.co.uk.
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 support@gasapp.co.uk.
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.
In return for your agreeing to comply with these terms you may:
You must be 18 or over to accept these terms and buy the App.
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 in the Service Terms and Conditions (see the “Users” section), 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.
Your Account and Profile
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.
When you register for an account, we will ask you to verify your identification and credentials by providing details of your Gas Safe registration, including details of your Gas Safe Card. We reserve the right to reject your application if we have reasonable grounds to suspect that you are not a registered gas engineer or if we have previously denied you access to an account for any reason.
The App is not designed with personal use in mind, nor should it be regarded as an alternative to seeking professional advice from a gas engineer. In the absence of any negligence or other breach by us, your use of the information on this App is entirely at your own risk.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) comply with the user restrictions set out below; and
(c) ensure your profile is accurate, complete and up to date at all times
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.
The Services 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.
You undertake to use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the App and, in the event of any such unauthorised access or use, promptly notify us.
Standard Account
If your account is a Standard Account, the account shall be personal to you and may not be shared with anyone else. You shall keep a secure password for your use of the Services and the App, that such password shall be changed no less frequently than quarterly. You must keep your password confidential and you must not share your password or username with anyone else.
Premium Account
If you have purchased a Premium Account, subject to the restrictions set out in these Terms we hereby grant you the right to permit your employees and contractors (Authorised Users) to access the App and use the Services for the period that you pay for access to a Premium Account solely for your internal business operations (User Subscriptions). Up to 2 User Subscriptions are included in the Premium Account subscription fee.
Subject to the paragraph below, you may, from time to time while you have a Premium Account, purchase additional User Subscriptions. We shall grant access to the Services and/or the App to such additional Authorised Users in accordance with the provisions of these Terms.
If you wish to purchase additional User Subscriptions, you must notify us in writing. We will evaluate such request for additional User Subscriptions and respond to you with approval or rejection of the request (such approval not to be unreasonably withheld) and details with the associated costs per additional User Subscription. When you have reviewed the associated cost, if you wish to proceed you must notify us in writing. Where you approve the costs, we shall activate the additional User Subscriptions within 7 days of your approval (you will then be able to add Authorised Users to your account via the App). If we approve your request to purchase additional User Subscriptions and you approve the costs, you shall, within 7 days of the date of our invoice, pay to us the relevant fees.
In relation to the Authorised Users, you undertake that:
(a) each Authorised User shall keep a secure password for their use of the Services and the App, that such password shall be changed no less frequently than quarterly and that each Authorised User shall keep their password confidential;
(b) you shall maintain a written, up to date list of current Authorised Users and provide such list to us within 5 Business Days of our written request at any time or times;
(c) you shall permit us or our designated auditor to audit the Services in order to establish the name and password of each Authorised User and your data processing facilities to audit compliance with this agreement. Each such audit may be conducted no more than once per quarter, at your expense, and this right shall be exercised with reasonable prior notice, in such a manner as not to substantially interfere with your normal conduct of business; and
(d) if any of the audits referred to above reveal that any password has been provided to any individual who is not an Authorised User, then without prejudice to our other rights, you shall promptly disable such passwords and we shall not issue any new passwords to any such individual.
Diagnostic Videos
If you have purchased a Premium Account, you will have access to our Diagnostic Video feature. This feature is provided as a reference tool only, and Gas App in no way warrants or verifies the content of any video that it may publish. The Diagnostic Video should supplement your own professional judgment, and should in no way be relied upon. Gas App excludes all liability, to the fullest extent permitted by law, for any direct or indirect liabilities arising out of use or misuse of this feature.
The Diagnostic Videos are the property of Gas App and must not be copied or shared via any platform. Should this term be breached, Gas App reserves the right to deactivate your account, at its sole discretion.
Engineers who wish to provide a Diagnostic Video to Gas App should contact support@gasapp.co.uk for further details. The terms set out below shall apply to Engineers who provide Diagnostic Videos to Gas App, in addition to the separate Diagnostic Video Agreement entered into between the parties.
Words used in this section 'Provision of Diagnostic Videos to Gas App' shall have the meaning given to them in the Diagnostic Video Agreement, unless otherwise defined.
Assignment
Pursuant to and for the consideration agreed between the Engineer (the “Assignor”) and Gas App (the “Assignee”), the Assignor hereby assigns to the Assignee absolutely with full title guarantee the following rights throughout the world:
in each case for the whole term including any renewals, reversions, revivals and extensions and together with all related rights and powers arising or accrued, including the right to bring, make, oppose, defend, appeal proceedings, claims or actions and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership, of any of these assigned rights, whether occurring before, on, or after the date of this agreement.
Exclusive Licence
Should the assignment provisions be deemed unenforceable, the Assignor shall be deemed to have granted the Assignee a perpetual, irrevocable, royalty-free, fully-paid, world-wide exclusive licence (the “Licence”) to the Video Content and Future Video Content.
Warranties
The Assignor warrants that, as at the date of this agreement or, in respect of the Future Video Content, as at the date of delivery of the Future Video Content to the Assignee:
Indemnity
The Assignor shall indemnify the Assignee against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Assignee arising out of or in connection with:
At the request of the Assignee and at the Assignor's own expense, the Assignor shall provide all reasonable assistance to enable the Assignee to resist any claim, action or proceedings brought against the Assignee as a consequence of that breach.
This indemnity shall apply whether or not the Assignee has been negligent or at fault.
If a payment due from the Assignor under this clause is subject to tax (whether by way of direct assessment or withholding at its source), the Assignee shall be entitled to receive from the Assignor such amounts as shall ensure that the net receipt, after tax, to the Assignee in respect of the payment is the same as it would have been were the payment not subject to tax.
Moral rights
The Assignor, being the sole author of the Video Content, waives absolutely their moral rights arising under the Copyright, Designs and Patents Act 1988 and, so far as is legally possible, any broadly equivalent rights they may have in any territory of the world and shall provide to the Assignee absolute waivers of all moral rights in each Future Video Content promptly on its creation.
Further assurance
At the Assignee's expense the Assignor shall, and shall use all reasonable endeavours to procure that any necessary third party shall, promptly execute such documents and perform such acts as may reasonably be required for the purpose of giving full effect to this agreement, including assisting the Assignee in obtaining, defending and enforcing the copyright, and assisting with any other proceedings which may be brought by or against the Assignee against or by any third party relating to the rights assigned by this agreement.
The Assignor appoints the Assignee to be its attorney in its name and on its behalf to execute documents, use the Assignor's name and do all things which are necessary or desirable for the Assignee to obtain for itself or its nominee the full benefit of this agreement.
This power of attorney is irrevocable and is given by way of security to secure the performance of the Assignor's obligations under this clause and the proprietary interest of the Assignee in the copyright and so long as such obligations of the Assignor remain undischarged, or the Assignee has such interest, the power may not be revoked by the Assignor, save with the consent of the Assignee.
Without prejudice to any of the above, the Assignee may, in any way it thinks fit and in the name and on behalf of the Assignor:
The Assignor undertakes to ratify and confirm everything that the Assignee and any substitute attorney does or arranges or purports to do or arrange in good faith in exercise of any power granted under this clause.
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.
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 downloaded 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.
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.
By using the App or any of the Services, you agree to us collecting and using technical information 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, for information please see our Privacy Policy.
The provision of our Services depend on us making use of location data sent from your devices (Geolocation) or, if you have chosen to input a location manually, that manually inputted location. You can turn off the Geolocation functionality at any time by turning off the location services settings for the App on your device but if you do so and you do not provide us will a manually inputted location, you will impede the way in which the Services can be provided to you. If you use the Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data either by Geolocation or using your manually inputted location.
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:
You must:
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.
We only use any personal data we collect about you through your use of the App and the Services in the ways set out in our Privacy Policy and Cookie Policy.
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.
Third party products and services made available via the App or the Services (for example, links to Xero, QuickBooks, Rhino Trade Insurance or Wolseley) are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with us. Your interaction with, or participation in promotions of, third parties found on or through the Services or the App, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the App or Services. You agree that we shall not be liable for any loss or damages of any kind incurred by you as a result of any of your dealings with third party service providers or advertisers available via the App or Services.
We may provide links to other internet sites or resources through the Services. We do not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources.
To upload emissions data to a Premium Account your device requires Bluetooth. We are not responsible for the accuracy of the data obtained from your analyser or the analysers ability to connect to the App. You are entirely responsible for checking that the data collected by the analyser is correctly imported to and stored by the App and we shall not be responsible for any errors connected with this functionality.
To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like iTunes or Google Play) (the “Payment Method”). If you provide your payment information, you authorise us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. If you paid through the Google Play or iTunes store, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by us, other than as set forth in these Terms.
In order to access certain functionality of the Services (namely those services associated with a Premium Account), you will be required to pay subscription fees. Subscription fees, along with any required taxes, may be paid on a monthly basis. All subscription fees are payable in advance. You agree to pay the subscription fees, and other charges you incur in connection with your Gas App account, on a subscription basis. We reserve the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
For an extra charge you may add more than 2 Authorised Users to a Premium Account (please see the “Users” section above).
ubscription fees will be billed automatically at the start of the monthly period. These fees will auto-renew until your subscription is downgraded or terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time, as described below.
If you signed up through the Google Play or iTunes store, you may cancel your subscription by downgrading through the corresponding store or in your phone. The cancellation of a subscription will go into effect at the end of your current billing cycle. When your subscription ends, your account will remain and become a free subscription. You can renew your subscription at any time without opening a new account, although the subscription fees may have increased. You can delete your account at any time.
Your subscription may start with a free trial. The free trial period for any subscription will last for 7 days. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, we will begin billing your Payment Method for subscription fees at the end of the free trial period of your subscription unless you cancel your subscription prior to the end of the free trial period. Your Payment Method will be authorised for up to approximately one month of service as soon as you register for a free trial. In some instances, your available balance or credit limit may be reduced to reflect the authorisation; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You may cancel your subscription at any time by going to your account settings.
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:
Standard Accounts: If you are using a Standard Account, we have provided the App to you free of charge and as such, 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 [£50 (fifty pounds)].
Premium Accounts: Where you have purchased a Premium Account 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 not exceed the greater of: (a) [£50 (fifty pounds)]; or (b) the amount of fees paid by you to us in the 12 months prior to the claim.
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.
You must maintain copies of all content and data used in connection with the App, Services and the Documentation, including (but not limited to) any forms, invoices, or quotes. You acknowledge that you are exclusively responsible for making regular backup copies of your content and data and the Documentation to ensure recovery of your content and data if the App or Service malfunctions. We are not responsible for the loss of content or data, no matter how caused.
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.
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.
On termination of the App or Services by you or us:
If you wish to cancel your subscription and change your Premium Account to a Standard Account, please see the "Cancellation" section above. Please note that if you are added to a Premium Account as an Authorised User (please see the Service Terms) and your employer may remove your account at any time and you will no longer have access to the associated Services.
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 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 may only transfer your rights or your obligations under these terms to another person if we agree in writing.
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.
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. 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 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.
These terms of use shall be governed by English law and any disputes (including non-contractual disputes) will be decided at the exclusive jurisdiction of the courts of England and Wales
Last Updated: 2024-02-29 16:23:46
