App End User Licence Agreement - BerthVend
Who we are and what this Agreement does
We, Rolec Services Limited, license you to use:
The BerthVend mobile application software (App) and any updates or supplements to it.
The related online documentation (Documentation).
The service you connect to via the App and the content we provide to you through it (Service).
as permitted in these terms.
The ways in which you can use the App and Documentation may also be controlled by the rules and policies of the Appstore from which you downloaded the App, so you should also read their rules and policies carefully.
Operating system requirements
The website or Appstore from which you downloaded the App will have set out clearly the operating system requirements, including the minimum amount of memory required and the types of operating system on which is can operate. Please check the applicable Appstore or website for updates on the operating system requirements.
Support for the App and how to tell us about problems
Support. If you want to learn more about the App or the Service or have any problems using them please contact us.
Contacting us. If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at email@example.com.
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 a device and view, use and display the App and the Service on such device for your personal purposes only.
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 18 or over to accept these terms.
Third-Party Service Providers
When using certain features of the App, you may be put into contact with one or more third-party service providers (as further described below). Where you engage with, and obtain services such as electronic vehicle charging (Third-Party Services) from such third-party service providers, you acknowledge that your contract for such Third-Party Services is with that third-party service provider, not with us. We do not provide, and have no responsibility for, Third-Party Services.
The Connection Points that you may locate and or access using this App are not operated or controlled by us. They are controlled by independent third parties (Hosts). Amongst other things, the Hosts set the prices for use of the relevant Third-Party Services, and any other terms for using such Third-Party Services. It is important that you ensure you are satisfied with any such prices and terms prior to making use of the applicable Third-Party Services. Any dispute or disagreement about the provision of those Third-Party Services is a matter between you and the applicable Host.
Where you make any payment via the App to a Host, we do not process that payment. The payment is processed as Third-Party Services by Opayo. As with Hosts, it is important that before entering your payment details or making a payment, you have reviewed and ensured you are happy with all applicable rules and policies of Opayo. Any dispute or disagreement about the provision of Third-Party Services relating to payment processing is a matter between you and Opayo.
Account creation and anonymous use
The App may allow one or both of the following options for using the App and accessing the Third-Party Services:
Account – you can enter your details and create an account, to which you can add credit from time-to-time. This credit is then applied against Third-Party Services received from Hosts; or
Pay As You Go – you can instead make payments for specific Third-Party Services on an “as and when” basis, without first topping up an Account balance. This can be done either via an Account or without entering your details (but please bear in mind that many functions of the App will not be available without setting up an Account.
Where you create an Account but do not log into it for a 12 month period, we may close your Account either temporarily or permanently. You will forfeit any credit balance remaining on your Account in such circumstances.
You may not transfer the App to someone else
We are giving you personally the right to use the App and the Service as set out above. You may not 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, for example to reflect changes in law or best practice or to deal with additional features which we introduce. We will notify you of a change 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 and the Service.
Update to the App and changes to the Service
From time to time we may automatically update the App (or ask you to manually update the App) to change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues
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 phone or 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 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, Documentation or Services, except as part of the normal use of the App;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation 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;
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.
Acceptable use restrictions
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 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.
Intellectual property rights
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 and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
Our responsibility for loss or damage suffered by you
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 are not liable for loss or damage arising from Third-Party Services. We are not responsible for any loss or damage you suffer in respect of Third-Party Services.
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.
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 (i) that you could have avoided by following our advice to apply an update offered to you free of charge; (ii) that you could have avoided by following reasonable security precautions on your device; or (iii) 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 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 and the Services are provided for general information and facilitation purposes only. They 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 or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, 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, to protect yourself in case of problems with the App or the Service.
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. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.
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. We will have no other liability whatsoever for any such delay.
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 may (at our discretion) give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
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.
Transfer of this Agreement
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 this Agreement. 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.
Illegality and enforcement
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.
Which laws apply to this contract and where you may bring legal proceedings
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.