BY CLICKING ON THE “ACCEPT” BUTTON OR BY OTHERWISE MAKING USE OF THE TRACK AND TRACE APPLICATION YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE “REJECT” BUTTON BELOW OR DO NOT MAKE ANY USE OF THE APPLICATION
We, Askew Brook Limited of Woodend, The Crescent, Scarborough, North Yorkshire, YO11 2PW, license you, as an end-user of the App (a customer of one of our business clients who is using our Track and Trace app), to use:
• The Track and Trace web application hosted at https://recordcustomer.com/ (App) and any updates or supplements to it.
as permitted in these terms.
This Agreement applies to end users of the App. Business subscriptions are subject to our subscription terms available here.
This app requres a updated web browser and a computing device with a minimum of 512mb of memory and an up to date operating system which is compatible with modern web browsers..
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or have any problems using it please Contact us at [EMAIL ADDRESS].
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 customer service team at [EMAIL ADDRESS] or call them on [TELEPHONE NUMBER].
How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us. 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:
• download or stream a copy of the App onto any number of devices and view, use and display the App on such devices for your personal purposes only. In addition you may not share the App with anyone else unless you are entering separate details for another person. It is crucial that the data you input is accurate and up to dat to ensure that the track and trace system can operate.
• use any documentation we supply alongside the App to support your permitted use of the App.
• 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.
You must be 13 or over to accept these terms as this application is provided for free to you to use as an end-user and by law you must be at least 13 years old to agree to provide personal data as set out in the privacy notice presented to you at the time you used the App.
We are giving you personally the right to use the App and the Service as set out above [LINK TO “HOW YOU MAY USE THE APP”]. 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 or as the UK Government direct over the course of the Covid-19 pandemic to support the track and trace programme. We will give you as much notice as possibleof any change by sending you an Email or SMS with details of the change or by notifying you of a change when you next use the App. If you do not accept the notified changes you will not be permitted to continue to use the App.
From time to time we may automatically update the App and change it to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
You may not be aware of these updates as the application is hosted by us and when we update it, that update applies to everyone.
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 and you may potentially be held
personally liable for providing false information to the government or for committing an offence by misusing someone else’s device/data.
By using the App, you agree to us collecting and using aggregated and anonymised technical information about the devices you use the App on and related software, hardware and peripherals to improve our products.
The App 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.
You agree that you will:
• except in the course of permitted sharing (see [LINK TO “HOW YOU MAY USE THE APP”])] not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
• not copy the App or any associated documentation, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App 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:
• 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
• is not used to create any software that is substantially similar in its expression to the App;
• is kept secure; and
• is used only for the Permitted Objective;
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any other services. ACCEPTABLE USE RESTRICTIONS You must:
• not use the App or any 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 providing false information, hacking into or inserting malicious code, such as 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 by the submission of any material (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable 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.
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 are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the associated documentation or any of our other services other than the right to use them in accordance with these terms.
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.
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
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.
We are not liable for business losses. The App is for your domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App is provided for general information and track and trace purposes only. We do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
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 (it would be a good idea to keep your own track and trace record), to protect yourself in case of problems with the App. We will not be liable to you for any loss of data that occurs or any losses arising out of data loss.
Check that the App is suitable for you. The App hasnot been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the website and in the documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of, or support for, the App 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. General disclaimer for free Applications. We will not be liable to you for any delays caused by the App and as the App is provided to you for free, we provide it on an “as-is” basis without warranty and all warranties implied by law are excluded to the fullest extent legally
We may end your rights to use the App or any of our related services 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.
If we end your rights to use the App:
• You must stop all activities authorised by these terms, including your use of the App.
• 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.
• We may remotely access your devices and remove the App from them and cease providing you with access to the App.
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.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.