Employment Law App Terms and Conditions of Service
Please read these terms carefully
BY DOWLOADING THIS APP YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
THIS APP AND THE SERVICE ARE NOT INTENDED FOR USE BY CONSUMERS.
BY DOWNLOADING THIS APP YOU ACKNOWLEDGE AND AGREE THAT YOU DO SO AS A BUSINESS USER (I.E. WHOLLY OR MAINLY IN CONNECTION WITH YOUR TRADE, CRAFT, BUSINESS OR PROFESSION).
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD (1) STOP DOWNLOADING OR DELETE THE APP FROM YOUR DEVICE (AS APPLICABLE) AND/OR (2) NOT ACCESS OR USE THE APP OR THE SERVICE.
IF YOU BREAK ANY OF THE RULES FOR USING THE SERVICE AND/OR THE APP, WE MAY SUSPEND OR TERMINATE YOUR USE OF THE SERVICE AND/OR THE APP.
YOUR ATTENTION IS SPECIFICALLY DRAWN TO CLAUSE 16 – LIMITATION OF LIABILITY.
- Who we are and what this licence agreement (Licence) does
1.1 We, BIRKETTS LLP (Birketts) of Providence House, 141-145 Princes Street, Ipswich IP1 1QJ license you to use the BIRKETTS EMPLOYMENT LAW (v.1) mobile application software, and any updates or supplements to it (the App), and the content we provide to you through it (the Service) on and subject to the terms in this Licence.
1.2 This Licence sets out the rules for using the Service and the App, and what you can do with our content.
1.3 By downloading the App and/or using the Service, you acknowledge and agree that you are using the App and/or Service as a business user (i.e. wholly or mainly in connection with your trade, craft, business or profession) and, therefore, acknowledge and agree that the rights and protections given to consumers under any applicable consumer law will not apply to you. By downloading the App and/or using the Service you proceed solely on this basis.
1.4 Our App and the Service is directed to people residing in England and Wales. We do not represent that content available on or through our site is appropriate for use or available in other locations.
- Your privacy
2.1 Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in the App Privacy Notice and it is important that you read that information.
- Apple Inc.’s App Store and Google Play Store’s terms also apply
3.1 The ways in which you can use the App and the Service may also be controlled by Apple Inc’s App Store and/or the Google Play Store’s (together the App Store) rules and policies (App Store Rules). If and to the extent that the App Store Rules conflict with the provisions of this Licence, the provisions of the relevant App Store Rules will prevail.
- Operating system requirements
4.1 The aa requires (as a minimum):
4.1.1 i0S 9 or higher; or
4.1.2 Android 4.4 (API 19) or higher.
4.2 However, we recommend that Android users have an Android 5.0 (API 21) operating system.
- Support for the App
5.1 If you want to contact us about a problem with the App or the Service, or wish to contact us for any other reason please email our helpline at [email protected] or call us on +44(0)808 169 4320.
5.2 If we have to contact you we will do so via in-app notifications (provided you have allowed for such notifications).
- Age restrictions
You must be 18 or over to accept these terms and use the App.
- Changes to these terms
7.1 We may change these terms at any time. We will notify you of any changes when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Service. Continued use of the App and/or the Service after you have been notified of changes to these terms will be deemed to be your acceptance of the terms, and they will be binding on you.
7.2 If you do not accept the notified changes you may not be permitted to continue to use the App and the Service.
- Updates to the App and changes to the service
8.1 From time to time updates to the App may be issued through the App Store. 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 Service.
8.2 From time to time we may 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 someone else owns the phone or device you are using
If you download 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.
- How you may use material on our App
10.1 We are the owner or the licensee of all intellectual property rights in our App, the Service, and in the material published on the App and/or via the Service. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
10.2 You may print off one copy, and may download extracts, of any page(s) from our site for your internal business use and you may draw the attention of others within your organisation to content posted on our site.
10.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
10.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- No text or data mining, or web scraping
11.1 You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our App or any services provided via, or in relation to, our App. This includes using (or permitting, authorising or attempting the use of):
11.1.1 any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the App or any data, content, information or services accessed via the same (including but not limited to the Service); or
11.1.2 any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
11.2 The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
11.3 This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
- We are not responsible for other websites we link to
12.1 The App or the 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 or approved their content or their privacy policies (if any).
12.2 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.
- Licence restrictions
13.1 You agree that you will:
13.1.1 except in the course of permitted sharing, not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;
13.1.2 not copy the App or the Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
13.1.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or the Service nor permit the App or the Service 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 Service on devices as permitted in these terms;
13.1.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service nor attempt to do any such things, except to the extent permitted by applicable law;
13.1.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or the Service.
- Acceptable use restrictions
14.1 You must not:
14.1.1 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, any Service or any operating system;
14.1.2 infringe our intellectual property rights or those of any third party in relation to your use of the App or the Service;
14.1.3 transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Service;
14.1.4 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
14.1.5 collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.
- We may suspend or withdraw the App
15.1 The App is made available free of charge.
15.2 We do not guarantee that the App or the Service, or any content on it, will always be available or be uninterrupted or error free. We may suspend or withdraw or restrict the availability of all or any part of the App or Service for any reason at any time. We will try to give you notice of any suspension or withdrawal.
- Limitation of Liability
16.1 The App and the Service is for internal use by your business only, and you agree not to use the App or the Service for any re-sale purposes or other commercial purposes.
16.2 The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service meet your requirements.
16.3 The App and the Service are provided “as is” without any warranties of any kind.
16.4 The App and the Service are provided for general information and research purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, 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.
16.5 You acknowledge that in entering into this Licence you do not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence.
16.6 You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Licence.
16.7 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the App and/or the Service for:
16.7.1 loss of profits, sales, business, or revenue;
16.7.2 business interruption;
16.7.3 loss of anticipated savings;
16.7.4 wasted expenditure;
16.7.5 loss or corruption of data or information;
16.7.6 loss of business opportunity, goodwill or reputation;
16.7.7 use of, or inability to use, the App or the Service; or
16.7.8 use or reliance on any content displayed as part of the Service or otherwise on the App;
where any of the losses set out in clause 16.7.1 to clause 16.7.8 are direct or indirect; or
16.7.9 any special, indirect or consequential loss, damage, charges or expenses.
16.8 Nothing in this Licence shall limit or exclude our liability for:
16.8.1 death or personal injury resulting from our negligence;
16.8.2 fraud or fraudulent misrepresentation;
16.8.3 any other liability that cannot be excluded or limited by English law.
16.9 Subject to clauses 16.5, 16.6, 16.7, and 16.8, if and to the extent that any liability arises for which Birketts is responsible, Birketts total aggregate liability arising under or in connection with the App, the Service and your use thereof, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the sum of £100.
16.10 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.
16.11 This Licence sets out the full extent of our obligations and liabilities in respect of the App and the Service. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the App and/or the Service which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
16.12 If we end your rights to use the App and the Service:
16.12.1 you must stop all activities authorised by these terms, including your use of the App and the Service;
16.12.2 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;
16.12.3 we may remotely access your devices and remove the App from them and cease providing you with access to the Service.
- General terms
17.1 We may transfer our rights and obligations under this Licence to another organisation. We will always notify you if this happens.
17.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
17.3 This Licence does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of this Licence.
17.4 Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them, or any part of them are unlawful, the remaining part and/or clauses will remain in full force and effect.
17.5 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. 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.
17.6 These terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.