SERVICE TERMS AND CONDITIONS
PLEASE READ THESE TERMS CAREFULLY BEFORE REGISTERING FOR THE SERVICES
We are Plumb App UK Limited (referred to as "we", "us" and "our" in these Terms). We are registered in England and Wales under company number 12877790 and have our principle 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 firstname.lastname@example.org.
We have developed a website (www.plumbapp.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 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 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 for your identification details and other personal information. Although the App is intended for use by qualified plumbers or those who carry out plumbing and heating services in the course of their trade, we do not prevent individual users from registering for an account and we do not require you to submit proof of trade credentials. We reserve the right to reject or close your account if we have reasonable grounds to suspect you are holding yourself out as having qualifications or experience that you do not, 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 trained plumber. 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.
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:
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: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 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.
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.
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.
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 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 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: 2021-11-01 14:28:41