NICEIC: Mobile application end-user licence agreement.
PLEASE READ THESE LICENCE TERMS CAREFULLY. BY CLICKING ON THE "ACCEPT" BUTTON YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
Who we are and what this agreement does
We are Certsure LLP (trading as NICEIC) whose registered office is at Warwick House, Houghton Hall Park, Houghton Regis, Dunstable, Bedfordshire, LU5 5ZX
We hereby license you to use:
NICEIC Cert mobile application software, the data supplied with the software, and any updates or supplements to it (the App).
The NICEIC Certification service you connect to via the App and the content we provide to you through it (Service).
as permitted in these terms.
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 Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Apple's or Google's terms also apply
The ways in which you can use the App may also be controlled by the rules and policies of the Apple App Store or Google Play Store, depending on your device and where you downloaded the App from.
Operating system requirements
The App requires a tablet device (not a mobile phone) and either the iOS operating system version 14 or the Android operating system version 10.
Support for the App and how to tell us about problems
How you may use the App, including how many devices you may use it on
Support. If you want to learn more about the App or the Service or have any problems using them please call our Online Certification System team on 0333 0156 630.
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 then please call our Online Certification System team on 0333 0156 630.
How we will communicate with you. If we have to contact you we will do so by email or by telephone, using the contact details you have provided to us.
In return for your agreeing to comply with these terms you may:
You may not transfer the App to someone else
download a copy of the App onto any number of devices and view, use and display the App and the Service on such devices for your own professional purposes only;
provided you comply with the Licence Restrictions (below) make up to one copy of the App for back-up purposes; and
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.
We are giving you personally the right to use the App and the Service 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.
Changes to these terms
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 notify you of any change on the log-in screen when you next start the App.
If you do not accept the notified changes you will not be permitted to continue to use the App.
Updates to the App and changes to the Service
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.
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.
If someone else owns the device you are using
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.
We may collect technical data about your device
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
We are not responsible for other websites you link to
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.
You agree that you will:
not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
not copy the App or Services, 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 or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services 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 or the Services 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;
Acceptable use restrictions
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
Intellectual property rights
not use the App or the 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 hacking into or inserting malicious code, such as viruses, or harmful data, into the App, the 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 the 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 the Service;
not use the App or the 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 via the App or the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.
All intellectual property rights in the App and the Service 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 or the Service other than the right to use them in accordance with these terms.
Our responsibility for loss or damage suffered by you
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 misrepresentation.
We exclude our liability entirely for certain types of loss.
Subject to the above, we shall have no liability in respect of any indirect or consequential losses, damages, costs or expenses; loss of actual or anticipated profits; loss of contracts; loss of use of money; loss of anticipated savings; loss of revenue; loss of goodwill; loss of reputation; ex gratia payments; loss of business; loss of operation time; loss of opportunity; or loss of, damage to or corruption of, data; in each case whether or not such losses are direct, indirect, consequential or otherwise and whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses.
Limitations to the App and the Services
. Although we make reasonable efforts to maintain the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that the App will be reliable, will always be running or online or will be error free or bug free.
You are responsible for backing up your data.
We recommend that you back up or create hard copies of any content and data inputted into or used in connection with the App, whenever you use the App, to protect yourself in case of problems with the App or the Service. We are not responsible for any loss incurred by you which could reasonably have been avoided by you backing up your data outside the App.
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.
For all other types of loss, our liability is capped.
Subject to the above, our total aggregate liability of each for all causes of action arising in each year (being the annual membership period from one joining or renewal date to the next) shall be limited to the greater of (a) £1,000 or (b) 110% of the total sums paid and total other sums payable, in aggregate, by you to us in that year.
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. You must check that the facilities and functions of the App and the Services meet your requirements before using or relying on the App.
We may end your rights to use the App and the Services if you break these terms
We may end your rights to use the App and 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 and Services:
We may transfer this agreement to someone else
You must stop all activities authorised by these terms, including your use of the App and any Services.
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 Services.
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 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 in writing.
No rights for third parties
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.
If a court finds part of this contract illegal, the rest will continue in force
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
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.
Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you and we agree to only bring legal proceedings in respect of this agreement in the English courts.