SERVICE TERMS AND CONDITIONS
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 support@gasapp.co.uk.
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.
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.
The following additional terms will also apply to your use of our website and App:
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.
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:
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.
USERS
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.
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.
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:
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.
PROVISION OF DIAGNOSTIC VIDEOS TO GAS APP
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.
SPECIAL TERMS FOR THE WEB REDIRECT ADD-ON
In addition to the Services provided via the App and Website, we also offer an optional service to App users to subscribe to our template website service. This is available free of charge only to members via our Website or App (Template Website Add-on).
The terms in this section will apply if you sign up to the Template Website Add-on. The following additional terms will also apply to the Template Website Add-on and your use of the Template:
(a) our Privacy Policy which can be found here: Privacy Policy;
(b) our Cookie Policy which can be found here: Cookie Policy;
(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.
All references to the website and the App in these terms shall be deemed to include the Template Website Add-on and the Template as appropriate. We reserve the right to withdraw the Template Website Add-On at any time for any reason.
URL redirect (also referred to as URL forwarding) is a technique which is used to redirect your domain's visitors to a different URL. By subscribing to our Template Website Add-on, you can forward your own domain name to a template website provided and hosted by us under a personalised web address (the Template). You will be able to choose from 3 designs for the Template. You will not own the Template at any time and you will not acquire any rights in the Template or any intellectual property rights contained in the Template’s design.
We do not currently charge any monthly subscription fees for the Template Website Add-on as it is funded by our sponsor, from time to time.
The Template Website Add-on covers the hire of the Template only. You are responsible for:
You may cancel your subscription to the Template Website Add-on at any time by serving notice by email to support@gasapp.co.uk
We will not transfer the Template to you after you cancel the Template Website Add-on.
Third Party Services and products
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 king 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.
You will:
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:
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.
Subscription 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.
By using the website or App, you agree to us collecting and using technical information about the computer or devices from which you access the Services to improve our products and to provide our Services to you, for information please see our Privacy Policy.
In order to provide Services that are relevant and appropriate for you, we use location tracking. When you register for an account with us, we will ask you whether you would prefer for us to use location data sent from your devices (Geolocation) or a region chosen manually by you from a drop-down list. We will only use this data to provide you with appropriate Services and not to determine your location for any other reason.
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.
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:
Our total liability for other losses:
Standard Accounts: If you are using a Standard Account, we have provided the Services and 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 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.
You must maintain copies of all data inputted into the Services or the App, 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 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.
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. 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:
If we end your rights to use the website, App and Services:
If you no longer wish to use the Services, you can request to close your account at any time.
Following termination of the Services, your right to use the website, App and all licences will immediately terminate.
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.
If you wish to cancel your subscription and change your Premium Account to a Standard Account, please see the "Cancellation" section in the Service Terms and Conditions.
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.
We only use any personal data we collect about you through your use of the App or Website and the Services in the ways set out in our Privacy Policy and our Cookie Policy 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). 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.
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:
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 or website 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 and our website 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:
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.
Last Updated: 2024-02-29 10:44:25
