Please read these licence terms carefully.
By downloading this app, you agree to these terms. If you do not accept these terms in full, you should terminate downloading and discontinue use immediately. You are also subject to any terms, rules or policies applied by the Appstore from which you download the app.
This is an end user licence agreement between you and South Staffordshire Water Plc (“Company”, “we”, “us” or “our”) incorporated and registered in England with company number 2662742 whose registered office is at Green Lane, Walsall, WS2 7PD.
This licence agreement explains how we license the app together with the data and information available through it to you.
Please read the terms carefully before downloading the app and pay particular attention to your privacy and data (clause 2), licence rights and restrictions (clause 3) and limitation of liability (clause 10).
We may need to change these terms from time to time by posting such changes on our website. You are responsible for regularly reviewing information posted on our website to obtain timely notice of such changes. Your continued use of the app after changes are posted constitutes your acceptance of these terms as modified by the posted changes. If you do not accept the posted changes, you must terminate use of the app immediately.
1. Interpretation1.1 Definitions
|
Term |
Definition |
|
"Account" |
means MyAccount and any other service available to you to view, amend or download information relating to your account with the Company |
|
“App” |
means the Company’s MyAccount mobile application, including the content and any updates or supplements to it. |
|
“Content” |
means all material, data and/or information that is made available to you to view and/or download in or from the app. |
|
“Download” |
refers to the initial and subsequent downloading of the app and acceptance of updates to the app. |
|
“Licence” |
means the licence granted to you in clause 3. |
|
“Security Information” |
means your user name, email address, password, or identification number to access the app. |
2. Your privacy and data
2.1. We may collect and/or use your personal information provided via the app in accordance with our Privacy Policy (please ensure you read our Privacy Policy carefully before downloading the app).
1.1 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the app may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
1.2 By using the app, you agree to us collecting and using technical information about the devices on which you use the app and related software, etc. to improve our products and to provide services to you.
1.3 Certain services available in the app may use location data sent from your devices. You can turn this functionality off at any time by turning off the location services settings for the app on the device. If you do not turn this off, by using these services you consent to use and our affiliates and licensees transmission, collection, retention, maintenance, processing and use of your location data to provide and improve location based services and products.
3. Licence rights and restrictions3.1. The Company grants to you a non-exclusive, non-transferable, non-assignable license to use the app and access its content in a manner set out in this agreement only.
3.2. The Company remains the owner of the app at all times.
3.3. You may:
3.3.1. Download a copy of the app onto your device and use it to access your account and for your personal use only.
3.4. You must:
3.5. You must not:
3.5.1 use for any other purpose as is permitted under this agreement;
3.5.2 use the app (or its contents or services) for any business purposes;
3.5.3 disclose your Security Information to any person or organisation;
3.5.4 permit any other person or organisation to use the app;
3.5.5 access or attempt to access any other person’s or organisation’s account on the app;
3.5.6 adapt, vary, alter, translate, merge, or modify the app or any part of it or its content or permit the app or any part of it to be combined with or become incorporated in any other programs;
3.5.7 use the app in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these terms or act fraudulently or maliciously (e.g. hacking into or inserting malicious code, such as viruses or harmful data into the app);
3.5.8 transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the app;
3.5.9 do anything which could damage, disable, overburden, impair or compromise our systems or security or otherwise interfere with other users;
3.5.10 collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the app;
3.5.11 transfer the app to someone else, for money, commercial gain or for free. If you sell any device on which the app is installed, you must remove the app from it;
3.5.12 download the app onto any device which you do not own without the owner’s permission;
3.3.13 copy the app, rent, sub-license, loan, provide or otherwise make available the app in whole or in part to any person without our prior written consent (and then only in such a way that the Intellectual Property Rights in the content is acknowledged); or disassemble, decompile, reverse engineer or create derivative works based on the whole of or any part of the app.
4.1 We make no warranty or representations that your use of the app will be uninterrupted.
4.2 From time to time we may automatically update the app to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternately we may ask you to update the app for these reasons. Use of the app may be temporarily suspended during the implementation of such changes. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using or accessing the app.
4.3 If the need arises, we may suspend access to the app, or any part of it, or close it indefinitely and/or remove functionality from the app and any information or data available through it, at any time.
4.4 Whilst we make reasonable efforts to update the content on the app, we make no representation and cannot guarantee that such content will be accurate, complete or up to date.
5. System requirements
5.1. Internet connection is required to use the app.
5.2. The app will only work on compatible devices and operating systems namely iOS 12.1 or Android 7.0.
5.3. We make no warranties or representations that the app will meet your requirements or that it will be compatible with your device.
6. Using someone else’s device
6.1. If you download the app onto a phone or device you do not own you must obtain the owner’s permission and you remain responsible for complying with these Licence terms.
6.2 You or whoever owns the device may by charged by service providers for internet access from the device which may be required to download or otherwise access and use the App and the related services and such charges will be your responsibility.
7. Virus protection and security
7.1. We give no warranty or representation that the app is free from viruses, worms, trojans, logic bombs or other material which is malicious or technologically harmful. You should run an anti-virus program on all material downloaded from the app.
7.2 In connection with your use of the app, you will not introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. By breaching this provision, you could commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the app will cease immediately.
8. Intellectual Property Rights
8.1. In this clause 8 "Intellectual Property Rights" means all copyright, know-how, trade secrets, design rights, database rights, related rights, trade marks, rights in computer software, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
8.2 All Intellectual Property Rights in the app and its content shall remain our property or the property of our licensors. This agreement does not transfer any ownership or rights in our or our licensor's Intellectual Property Rights to you.
8.3 All trademarks, logos, graphics, brand names and associated phrases used on the app are owned by us or our licensors and must not be used without our prior written consent..
9. Links policy
9.1. The app or its content may contain links to other independent websites which are not provided by us. These websites are not under our control and we have not checked or approved their content or privacy policies. As such we accept no responsibility for these websites.
9.2. You will need to make your own independent judgement about whether to use any such independent websites, including whether to buy any products or services offered by them.
10. Limitations of liability
10.1 Nothing in these terms and conditions will exclude or limit our liability for fraud,or statements made fraudulently; or for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
10.2 Use of the app is at your own risk and you are wholly responsible for deciding to download, install and/or use the app or its content and/or any decisions you make based on the app or its content. You are also responsible for making sure that the app is suitable for you as it has not been specifically developed for you.
10.3 We do not accept responsibility for any loss and/or damage to your device or any other hardware or software you use in connection with the app, including in connection with any viruses that may affect the same on account of your Download and/or use of the app.
10.4 Subject to clause 10.1 and to the extent permitted by law, we will not be liable for any loss that you may incur as a result of someone else using your Security Information, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party as a result of someone else using the Security Information.
10.5 The app is for domestic and private use only, if you use the app for any commercial, business or resale purpose we shall have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity or similar business loss.
10.6 We are not responsible for act or omission of any third party or for events which are outside our control.
10.7 To the fullest extent permitted by applicable law, the app is provided to you “as is”, without support or maintenance.
10.8 To the fullest extent permitted by applicable law, we and our licensors disclaim and exclude all warranties, representations, conditions and other terms of any kind, express or implied, and whether arising by statute, common law or otherwise.
10.9 Subject to clause 10.1 and to the extent permitted by law, we will not be liable to you whatsoever and/or howsoever in relation to your use of the app under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise.
11. Support for the app
11.1. If you want to learn more about the app or have any problems using it please contact us at water-email@south-staffs-water.co.uk if you are a South Staffs Water customer or waterinfo@cambridge-water.co.uk if you are a Cambridge Water customer.
11.2. If we contact you, we will do by post, email or SMS using the contact details you have provided to us.
12. Termination
12.1. Without prejudice to our other rights under the terms of this License, we may end your rights to use the app at any time if you breach or we have reasonable grounds to suspect you have breached these License terms. If we end your rights you must:
12.1.1. terminate all use of the app immediately; and
12.1.2. uninstall the app from all devices in your possession and destroy any copies.
12.2. If at any time you dispose of the device containing the app or terminate your use, you must uninstall the app prior to disposal.
13. Severability
If any clause under this agreement becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant clause shall be deemed deleted. Any modification to or deletion of a clause under this clause 13 shall not affect the validity and enforceability of the remaining clauses.
14. Waiver
Any delay in enforcing this agreement does not waiver our rights to enforce them or take action against you for any breach of this agreement.
15. Exclusion of third party rights
This agreement is for the benefit of you and us, and is not intended to benefit any third party or be enforceable by any third party.
16. Entire agreement
This agreement constitutes the whole agreement between you and us relating to this subject matter and supersedes all prior arrangements or promises between you and us relating to its subject matter.
17. Law and jurisdiction
This agreement is governed by and construed in accordance with English law and the English courts have exclusive jurisdiction to settle any dispute or claim arising from this agreement.