PLEASE READ THESE LICENCE TERMS CAREFULLY
BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW.
1. WHO WE ARE AND WHAT THIS AGREEMENT DOES
We, Holchem Laboratories Limited of Gateway House, Pilsworth Road, Pilsworth Industrial Estate, Bury, Lancashire, BL9 8RD license you to use:
1.1 Gateway AC version 1.0 mobile application software (App) and any updates or supplements to it.
1.2 The related online documentation (Documentation).
1.3 The Gateway service you connect to via the App and the content we provide to you through it (the Gateway Service).
as permitted in these terms.
2. YOUR PRIVACY
2.1 We only use any personal data we collect through your use of the App and the Gateway Service in the ways set out in our privacy policy.
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 GATEWAY SERVICE
The App is to be used with our Gateway Service as part of allowing E-signoff of cleaning carried out using the Gateway Service. The App can only be used by signing into a Gateway Service account and the use of the Gateway Service is governed by these terms.
4. GOOGLE PLAY'S TERMS ALSO APPLY
The ways in which you can use the App may also be controlled by the Google Play rules and policies.
5. OPERATING SYSTEM REQUIREMENTS
This app requires a handheld device with at least an 8-inch screen and the Android operating system version 8 (API level 26) or later.
6. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
6.1 Support. If you want to learn more about the App or the Service or have any problems using them, please look at our support resources at www.kersia.uk.
6.2 Contacting us (including with complaints). If you think the App is faulty or misdescribed or wish to contact us for any other reason please email our support team at [email protected] or call them on 01706 222288.
6.3 How we will communicate with you. If we have to contact you, we will do so by email or telephone using the contact details you have provided to us.
7. 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 you may:
7.1 download or stream a copy of the App onto a handheld device using the Android operating system and view, use and display the App and the Service on such devices for your personal purposes only.
7.2 use any Documentation to support your permitted use of the App and the Service.
7.3 provided you comply with the LICENCE RESTRICTIONS, make up to one copy of the App and the Documentation for back-up purposes; and
7.4 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.
8. YOU MUST BE 18 TO ACCEPT THESE TERMS AND DOWNLOAD THE APP
You must be 18 or over to accept these terms and download the App.
9. 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 HOW YOU MAY USE THE APP. 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.
10. CHANGES TO THESE TERMS
10.1 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 notify you of a change when you next start the App.
10.2 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.
11. UPDATE TO THE APP AND CHANGES TO THE SERVICE
11.1 From time to time we may automatically update the App and change the Gateway 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.
11.2 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 Gateway Service.
11.3 The App will always match the description of it provided to you when you download it.
12. 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.
13. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Gateway Service, 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 Gateway Service to you.
14. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
14.1 The App or the Gateway 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).
14.2 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.
15. LICENCE RESTRICTIONS
You agree that you will:
15.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Gateway Service in any form, in whole or in part to any person without prior written consent from us;
15.2 not copy the App, Documentation or Gateway Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
15.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Gateway Service nor permit the App or the Gateway Service 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 Gateway Service on devices as permitted in these terms;
15.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Gateway Service 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:
15.4.1 is not disclosed or communicated without the Licensor's 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
15.4.2 is not used to create any software that is substantially similar in its expression to the App;
15.4.3 is kept secure; and
15.4.4 is used only for the Permitted Objective;
15.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or the Gateway Service.
16. ACCEPTABLE USE RESTRICTIONS
You must:
16.1 not use the App or the Gateway 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, the Gateway Service or any operating system;
16.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or the Gateway Service, including by the submission of any materials supporting the E-signoff (to the extent that such use is not licensed by these terms);
16.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Gateway Service;
16.4 not use the App or the Gateway Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
16.5 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.
17. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation and the Gateway Service throughout the world belong to us and the rights in the App and the Gateway Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Gateway Service other than the right to use them in accordance with these terms.
18. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
18.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking 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 these terms, both we and you knew it might happen.
18.2 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.
18.3 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.
18.4 We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.5 Limitations to the App and the Gateway 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.
18.6 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.
18.7 Check that the App and the Gateway Service are suitable for you. The App and the Gateway Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Gateway Service (as described on the app store site and in the Documentation) meet your requirements.
18.8 We are not responsible for events outside our control. If our provision of the Gateway Service or support for the App or the Gateway Service 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 Gateway Service you have paid for but not received.
19. WE MAY END YOUR RIGHTS TO USE THE APP AND THE GATEWAY SERVICE IF YOU BREAK THESE TERMS
19.1 We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
19.2 If we end your rights to use the App:
19.2.1 You must stop all activities authorised by these terms, including your use of the App.
19.2.2 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.
19.2.3 We may remotely access your devices and remove the App from them.
20. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
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.
21. 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 in writing.
22. 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.
23. 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.
24. EVEN IF WE DELAY IN ENFORCING THE CONTRACT, WE CAN STILL ENFORCE IT LATER
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.
25. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
