Terms and Conditions ( INSPCT App )
Welcome to this application (the “App“). The App is published by or on behalf of INSPCT Limited (SC396773) of 9 Woodside Crescent, Glasgow, G3 7UL (“INSPCT”).
By downloading or otherwise accessing the App you agree to be bound by the undernoted terms and conditions which set out the basis for the use of the App and the basis on which the Services (as below defined) are made available by INSPCT to the User (as below defined).
On the above basis, the following terms apply:-
For the purposes of these terms and conditions, the following definitions shall have the following meanings:-
- “Business Day” means a day, other than a Saturday or Sunday, on which clearing banks are open for a full range of services in London.
- “Services” means the services the subject of and accessible through the App as made available by INSPCT.
- “Terms and Conditions” means the terms and conditions for the use of the App and access to the Services as set out herein and as amended from time to time.
- “User” means any third party who uses the App and/or the Website in respect of the Services.
- “User Content” means any information created by the User via the App or the Website from time to time including without limitation text, images, audio material, video material and audio-visual material.
- “Website” means the user interface and functionality made available by INSPCT on pages under the domain name www.inspct.co.uk.
These Terms and Conditions shall apply to any use of the App by the User and shall take precedence over and to the exclusion of any other documentation.
- APP USE
- To be able to use the App, the User must first have registered and created a User account (“User Account”) with INSPCT via the Website.
- Any use by the User of the App is subject to the following conditions:-
- The User agrees that use of the App by them shall be on mobile telephone or handheld devices that are owned by them or in respect of which they have permission to download or stream a copy of the App (“Devices”);
- The User agrees that Inspct is solely granting them a non-transferable and non-exclusive licence to use the App on the Devices
- The User agrees solely to use the App for the purposes of accessing and using the Services;
- The User agrees not to reproduce, duplicate, copy or otherwise exploit material forming part of the App or the Website for any commercial purpose.
- The User agrees not to use the App in such a way that damages, disrupts, interferes with or restricts the use, availability or accessibility of the App or the Website by other Users.
- The User agrees not to upload, display or transmit any data through the App or the Website which is unlawful or the use of which infringes the rights of any third party anywhere in the world.
- The User agrees not to use the App or the Website for any illegal, non-legitimate, fraudulent or harmful purpose nor otherwise than to access the provision by INSPCT of the Services to the User.
- The User agrees not to reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of the App or the Website or attempt to transmit to or via the App or the Website any information that contains a virus, worm, trojan horse or other harmful or disruptive component.
- The User agrees not to conduct any systematic or automated data collection activities (including data mining and data harvesting) on or in relation to the App or the Website.
- The User agrees not to use the App or the Website to transmit or send unsolicited commercial communications or for any purposes related to marketing.
- In relation to any User Content:-
3.3.1 The User agrees that any User Content will not be illegal, unlawful, obscene, indecent, defamatory or false nor will any User Content infringe the legal or other rights of any third party.
3.3.2 The User agrees that they will not submit any User Content via the App to the Website that is the subject of any threatened or actual legal proceedings or other similar complaint.
3.3.3 The User agrees and acknowledges that INSPCT shall have the right in its sole discretion to edit or remove any User Content submitted via the App to the Website by the User.
3.3.4 The User agrees and acknowledges that, notwithstanding INSPCT’s rights under these Terms and Conditions in relation to any User Content, INSPCT does not undertake to monitor the submission of any User Content to, nor the publication of any User Content on, the Website.
- Each of the app and the Website contains material which is owned by or licensed to INSPCT including, but not limited to, the design, layout, look, appearance and graphics and any reproduction thereof is prohibited without the consent of INSPCT.
- Any unauthorised use of the App or the Website may give rise to a claim for damages and/or be a criminal offence.
- INSPCT does not guarantee that the App or the Website will always be available to the User and accordingly each of the App and the Website is made available strictly on the basis that (1) the User accepts use of each of the App and the Website on an ‘as is’ and ‘as available’ basis, (2) all warranties, conditions and undertakings, express or implied, whether by common law, statute, trade usage, course of dealings or otherwise in respect of the use of the App and/or the Website are excluded to the fullest extent permitted by law and (3) INSPCT excludes any liability, to the fullest extent permitted by law, of INSPCT in respect of any loss or damage resulting or arising from any non-availability for use of the App or the Website or from reliance on the contents of the App or the Website or any material or content accessed through it.
- Whilst INSPCT will make reasonable efforts to update the information contained on the App and the Website, neither INSPCT nor any third party or data or content provider makes any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, data and/or content contained on the App or the Website (including but not limited to any information which may be provided by any third party or data or content providers) and shall not be bound in any manner by any such information contained on the App or the Website.
- INSPCT reserves the right at any time to change or discontinue, without notice, any aspect or feature of the App or the Website.
- INSPCT reserves the right to remove the provision and/or availability of any part of the Services from the App or the Website at any time.
- For the avoidance of doubt, INSPCT gives no guarantee and makes no representation that use of the App and the Services will meet the User’s requirements and accordingly the entire risk as to the same being of satisfactory quality, performance and accuracy lies with the User.
- The User acknowledges that the App has not been developed to meet their individual requirements and it is therefore the User’s responsibility to ensure that the functions of the App and the nature of the Services meet the User’s requirements.
- From time to time updates to the App may be issued and, depending on the update, the User may not be able to use the Services until the User has downloaded the latest version of the App and accepted any new terms.
- INSPCT agrees to investigate and respond to any complaint of the User within a 5 Business Day period of receipt of any complaint.
- RIGHTS OF INSPCT
- Nothing contained in these Terms and Conditions shall operate to prevent INSPCT from adding to or extending the nature of the Services which are available in terms of the App or the Website.
- If at any time the User is in default in the performance or observance of any of their obligations under these Terms and Conditions, INSPCT shall be entitled, for so long as such default continues (but without prejudice to any of its other rights under these Terms and Conditions), to withhold access to the Services through the App and to suspend the User’s access to and use of the App or the Website.
- INSPCT may terminate the rights of the User in terms of these Terms and Conditions at any time if the User commits a material breach of their Terms and Conditions, in which event the User shall have no further right to use the App.
- All intellectual property rights in the App and the Website anywhere in the world belong to INSPCT and the User acknowledges that, save for the licence granted to them in terms of these Terms and Conditions, the User has no rights in the App or the Website.
- LIMITATION OF LIABILITY
- Save as below provided, INSPCT shall not be liable to the User for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the User’s use of the App, the Website or the provision of the Services.
- Notwithstanding the generality of Clause 6.1 above, INSPCT further expressly excludes liability to the User for consequential loss or damage or for loss of profit, business, revenue, goodwill or anticipated savings of the User.
- INSPCT does not exclude liability for death or personal injury to the extent only that the same arises as a result of the negligence of INSPCT, its employees, agents or authorised representatives.
- INSPCT’s maximum aggregate liability to the User under these Terms and Conditions or in connection with the use of the App and/or the Website and the provision of the Services, whether in contract, delict or otherwise, shall in all circumstances be limited to an amount equal to the sums paid by the User to INSPCT in the 12 months prior to any such liability arising.
- Whilst INSPCT shall take reasonable steps to ensure that the App is free from errors, bugs or viruses, INSPCT does not accept any liability for and makes no representations in relation to any errors, bugs or viruses that may arise as a result of any use of the App by the User.
- USER’S FURTHER OBLIGATIONS
- The User understands and agrees that the Services are deliverable on a “browser based” platform and that the User is responsible for obtaining access for use of the App through the User’s own internet service provider, the airtime and data charges therefore being the User’s responsibility.
- The User irrevocably agrees and undertakes to indemnify INSPCT from and against any and all damages, losses, expenses and costs attributable to any breach by the User of these Terms and Conditions including, without prejudice to the foregoing generality, the User’s use or misuse of and access to the App or the Website.
- Use of the User Account is personal to the User and accordingly use of the same shall be restricted to the User and the User undertakes not to disclose or otherwise share such User Account with any third party.
- INPSCT may at any time vary or modify the Terms and Conditions and the User acknowledges and agrees that, in the User’s use of the App from time to time, the User shall become bound to the current version of the Terms and Conditions, all previous versions being superseded, it being the responsibility of the User to review the Terms and Conditions each time the User uses the App.
- If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable, such unenforceability will not affect the remaining terms and conditions which shall remain in full force and effect.
- Neither the User nor INSPCT shall be responsible for their failure to perform their obligations for reasons beyond its reasonable control, including but not limited to government regulations, fire, flood, car, civil war, terrorism or act of God. If either is affected by an event referred to in this clause it must inform the other in writing as soon as reasonably practicable.
- The User acknowledges and accepts that their agreement with their mobile network provider will apply to their use of the App. The User acknowledges that they may be charged by such mobile network provider for data services while using certain features of the App or other third-party charges which may arise and accordingly the User agrees that they shall have responsibility for the same.
- The User and INSPCT agree to treat all information provided by the parties in accordance with the Terms and Conditions in accordance with the applicable laws and regulations governing the use of personal data including, without prejudice to the foregoing generality, the Data Protection Act 1998 and the General Data Protection Regulation (EU) 2016/679.
- These Terms and Conditions shall be governed by and construed in accordance with Scots Law and proceedings thereunder will be subject to the exclusive jurisdiction of the Scottish Courts.