TECLET – APP END USER LICENCE AGREEMENT
PLEASE READ CAREFULLY BEFORE DOWNLOADING, STREAMING OR USING THE APP.
This end-user licence agreement (“EULA”) is a legal agreement between you (“End-user” or “you”) and Glanty Limited trading as “teclet”, of 4 Prince Albert Road, London NW1 7SN (“Licensor”, “us” or “We”) for:
- the teclet Inventory App or the teclet Management App mobile application software, the data supplied with the software, and the associated media (“App”); and
- electronic documents (“Documents”).
We licence use of the App and Documents to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site (“Appstore”), the End-user downloaded the App (“Appstore Rules”). We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.
Operating system requirements This App requires a type of mobile telephone or handheld device with Internet access, camera functionality and the capability of running iOS 7.x – 8.x, Android 4.x – 5.x or Windows Phone 8.x with the respective minimum hardware requirements.
If you do not agree to the terms of this licence, We will not license the App and Documents to you and you must stop the downloading process now. In this case the downloading process will terminate.
This does not affect your consumer rights for an app or documents that are defective.
You should print a copy of this EULA for future reference.
- Agreed Terms
- The terms of this EULA apply to the App or any of the services accessible through the App (“Services”), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case to the extent that those terms conflict with these terms then those separate terms shall take precedence. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
We may change these terms at any time by sending you an SMS with details of the change or notifying you of a change when you next start the App or log onto one of the websites referred to in condition 1.6. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (“Devices”) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
The Services will also be governed by the Landlord Terms and Conditions of Service, incorporated into this EULA by reference and set out at the following web address: [www.teclet.com/landlordtermsandconditions].
By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
Certain Services, will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may withdraw this consent at any time by turning off the location services settings.
The App or any Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and We are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
- GRANT AND SCOPE OF LICENCE
- download or stream a copy of the App onto any number of devices and to view, use and display the App on the Devices for your personal purposes only; and
- use the Documents for your personal purposes only.
- LICENCE RESTRICTIONS
Except as expressly set out in this EULA or as permitted by any local law, you agree:
- not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
- not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
- is used only for the purpose of achieving inter-operability of the App with another software program;
- is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- is not used to create any software that is substantially similar to the App;
- to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
- to include our copyright notice on all entire and partial copies you make of the App on any medium;
- not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
- to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (“Technology”);
- together the “Licence Restrictions”.
- ACCEPTABLE USE RESTRICTIONS
- not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
- not transmit any material that is defamatory, offensive, otherwise objectionable or in breach of our Acceptable Use Policy [www.teclet.com/acceptableusepolicy] in relation to your use of the App or any Service;
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- 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.
- INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
You acknowledge that you have no right to have access to the App in source-code form.
- OUR LIABILITY TO YOU IF YOU ARE A BUSINESS
This clause 6 only applies if you are a business customer.
Nothing in this EULA limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Subject to clause 6.2, We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this EULA for:
- any loss of profits, sales business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
Subject to clause 6.1 our total liability to you in respect of all losses arising under or in connection with this EULA, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstance exceed the fees paid to us by you for the Services (as set out in the Landlord Terms and Conditions of Service) in the 12 months prior to such liability arising.
You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to 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 professional costs and expenses) suffered or incurred by us arising out of or in connection with:
- your breach or negligent performance or non-performance of this agreement;
- the enforcement of this agreement;
- any claim made against us for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with this agreement;
- any claim made against us by a third party arising out of in connection with the provision of the App and Documents, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of this agreement, or any obligation which you may have as a result of this agreement or which is related to this agreement, by you, your employees, agents or subcontractors.
Except as expressly stated in this EULA, We do not give any representation, warranties or undertakings in relation to the App and Documents. Any representation, condition or warranty which might be implied or incorporated into this EULA by statute, common law or otherwise is excluded to the fullest extent permitted by law. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this EULA.
- OUR LIABILITY IF YOU ARE A CONSUMER
This clause 7 only applies if you are a consumer.
If We fail to comply with this EULA, We are responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time We entered into this agreement.
We only supply the App and Documents for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purposes, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
- breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
We may terminate this EULA immediately by written notice to you:
- if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
- if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; or
- if you breach our Acceptable Use Policy ([www.teclet.com/acceptableusepolicy]).
This EULA will terminate immediately on the termination of the Landlord Terms and Conditions of Service for any reason.
On termination for any reason:
- all rights granted to you under this EULA shall cease;
- you must immediately cease all activities authorised by this EULA, including your use of any Services;
- you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so; and
- We may cease providing you with access to the Services.
- COMMUNICATION BETWEEN US
If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to teclet and PO box 459, Gravesend DA12 9JW and firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail.
If We have to contact you or give you notice in writing, We will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.
- EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 10.2.
An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
- We will contact you as soon as reasonably possible to notify you; and
- our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
- OTHER IMPORTANT TERMS
We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
You may only transfer your rights or obligations under this EULA to another person if We agree in writing.
If We fail to insist that you perform any of your obligations under this EULA, or if We do not enforce our rights against you, or if We delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- Governing law and jurisdiction
If you are a consumer, please note that this EULA are governed by English law. This means that any dispute or claim arising out of or in connection with this EULA will be governed by English law. You and We both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, this EULA and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
If you are a business, We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this EULA or their subject matter or formation (including non-contractual disputes or claims).