Last updated 31st March 2021
Purpose of these Terms and Conditions
These Terms and Conditions should be read alongside the following policies
- Privacy Policy
- Cookie Policy
- Security policy
- Third Party policy
- Date Processing Agreement
These terms and conditions (“Terms”, “Agreement”) are an agreement between Trade Apps Limited (“Trade Apps Limited” Gas Certificate App or Electrical Certificate App “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the Trade Apps Limited and any of its products or services or any other application or website owned or operated by Trade Apps Limited (collectively, “Mobile Application” or “Services”).
Please read these terms and conditions carefully, as they affect your legal rights.
By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
1. DEFINITIONS
“Agreement” means these Terms of Use.
“subscription Fee” means the fee (excluding any taxes and duties) payable by you in accordance with the fee schedule set out on the Website (which Trade Apps Limited have the right to change on notice to You).
“Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
“Data” means any data inputted by either You or with Your authority into the Website.
“Intellectual Property Right” means All Content included on the Website, unless uploaded by Users, is the property of Trade Apps Limited, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
“Service” means the online certification and management system services made available (as may be changed or updated from time to time by Trade Apps Limited) via the Website.
Website” means the Internet site at the following domains www.tradeapps.co.uk
www.gascertificateapp.co.uk and www.electricalcertificateapp.co.uk or any other site operated by Trade Apps Limited.
“Trade Apps Limited” means Trade Apps Limited of 599-613 Princes Road, Dartford Kent, DA2 6HH.
“Invited User” means any person or entity, other than the Subscriber, that uses the Service with the authorisation of the Subscriber from time to time.
“Subscriber” means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
“You” means the Subscriber, and where the context permits, an Invited User. “Your” has a corresponding meaning.
2. USE OF SOFTWARE
Trade Apps Limited grants You the right to access and use the Service via the Website and Apps. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:
1. The Subscriber determines who is an Invited User and what level of user role access to the relevant organisation and Service that Invited User has.
2. The Subscriber is responsible for all Invited Users’ use of the Service.
3. The Subscriber controls each Invited User’s level of access to the relevant organisation and Service at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;
4. If there is any dispute between a Subscriber and an Invited User regarding access to any organisation or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.
3. REGISTRATION
1. Details/changes You must ensure that all usernames and passwords provided by you on registration time are correct and complete and are kept secure and confidential. You must immediately notify Trade Apps Limited of any unauthorised use of Your passwords or any other breach of security and Trade Apps Limited will reset Your password and You must take all other actions that Trade Apps Limited reasonably deems necessary to maintain or enhance the security of Trade Apps Limited computing systems and networks and Your access to the Services.
4. YOUR OBLIGATIONS
1. General obligations
You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Trade Apps Limited or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.
2.Access conditions
Not attempt to undermine the security or integrity of Trade Apps Limited computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks. Not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
Not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted.
Not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
Not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
3. Payment obligations
7 days before the renewal of your subscription, we will send you an email letting you know that you are scheduled for the payment.
5. CONFIDENTIALITY AND PRIVACY
1. Confidentiality Unless the relevant party has the prior written consent of the other or unless required to do so by law:
a. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
b. Each party’s obligations under this clause will survive termination of these Terms.
i. is or becomes public knowledge other than by a breach of this clause.
ii. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure.
iii. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
iv. is independently developed without access to the Confidential Information.
2. Privacy Use of the Website/app is also governed by our Privacy Policy, which is incorporated into these terms and conditions. Please refer to our Privacy Policy.
6. INTELLECTUAL PROPERTY
1. General. Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Trade Apps Limited (or its licensors).
2. Ownership of Data. Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the Trade Apps Limited subscription Fee when due. You grant Trade Apps Limited a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
3. Backup of Data. You must maintain copies of all Data inputted into the Service. Trade Apps Limited adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Trade Apps Limited expressly excludes liability for any loss of Data no matter how caused.
7. LIMITATION OF LIABILITY
1. To the maximum extent permitted by law, Trade Apps Limited excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
2. If You suffer loss or damage as a result of Trade Apps Limited negligence or failure to comply with these Terms, any claim by You against Trade Apps Limited arising from Trade Apps Limited negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the subscription Fees paid by You in the previous 12 months.
3. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.
8. TERMINATION
1. Trial policy When You first sign up for access to the Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. if you do choose to continue using the services after the trial period, you will need to purchase a subscription to continue using the service.
2. Subscriptions. Trade Apps Limited will not provide any refund for any remaining prepaid period for a prepaid subscription Fee subscription.
3. Cancelation We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
You may cancel your registration at any time by informing us in writing “Trade Apps Limited of 599-613 Princes Road, Dartford Kent, DA2 6HH”. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
If you have purchased a subscription via Apple Pay, you may be eligible for a refund. Please see here for more information: https://support.apple.com/en-gb/HT204084.
If you have purchased a subscription via Android, you may request a refund if you have purchased a subscription within a 14-day period following your first payment. You must send your cancellation request before the 14-day period has expired to info@tradeapps.co.uk
9. HELP DESK
1. Technical Problems. In the case of technical problems, You must make all reasonable efforts to investigate and diagnose problems before contacting Trade Apps Limited. If You still need technical help, please check the support provided online by Trade Apps Limited on the Website or failing that email us at info@tradeapps.co.uk
2. Service availability. Whilst Trade Apps Limited intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.
If for any reason Trade Apps Limited must interrupt the Services for longer periods than we would normally expect, will use reasonable endeavours to publish in advance details of such activity on the Website/app.
10. GENERAL
1. Entire agreement.
These Terms, together with the Trade Apps Limited Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Trade Apps Limited relating to the Services and the other matters dealt with in these Terms.
2. Waiver. If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
3. Delays. Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
4. No Assignment. You may not assign or transfer any rights to any other person without Trade Apps Limited prior written consent.
5. Governing law and jurisdiction. In all situations this Agreement is governed by the laws of England and Wales and You hereby submit to the exclusive jurisdiction of the courts of England and Wales for all disputes arising out of or in connection with this Agreement.
6. Severability. If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
7. Notices.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Trade Apps Limited must be sent to info@tradesapps.co.uk or to any other email address notified by email to You by Trade Apps Limited. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
8. Rights of Third Parties.
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
11. OUR DETAILS
Trade Apps Limited a company incorporated in England and Wales with registered number 10966174 whose registered address is 599-613 Princes Road, Dartford Kent, DA2 6HH and it operates the Websites www.tradeapps.co.uk, www.gascertificateapp.co.uk and www.electricalcertificateapp.co.uk
You can contact Trade Apps Limited by email on info@tradeapps.co.uk