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 professional plumbers. 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.
We recommend that you print or save these terms for future reference.
We are Plumb 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 (www.plumbapp.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.
Support: If you want to learn more about the App or the Service or have any problems using them please contact us at firstname.lastname@example.org.
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 email@example.com.
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 above, 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.
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.
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:
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.
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.
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. We have provided this 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).
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:
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.
Last Updated: 2021-11-01 14:28:41