TERMS & CONDITIONS 1) Use of this mobile application software (described in these terms as App) is subject to your acceptance of the following terms. You must be aware of the important information contained herein. 2) We, Xplug Limited, license you to use; a) the Xplug App and any updates or supplements to them. b) the related documentation available online or within the App (Documentation). c) the service you connect to via the App and any content we provide to you (Service). 3) Your privacy; a) our Privacy Policy for this app provides details of who we are, how we process your personal data and for what purposes, your rights in relation to your personal data and how to exercise those rights. Please read the information contained in our Privacy Policy carefully. b) the ways in which you can use the App, Documentation and Service may also be controlled by the rules and policies of either the Google Play Store or the Apple Appstore, so you should also carefully read their rules and policies. 4) Operating system requirements; a) the operating system types, operating system requirements and memory required to use this App would have been displayed on the Appstore from where it was downloaded. 5) Support for the App; a) please contact us if you would like further information on the App or the Services we provide. 6) Contacting us; 7) please email our customer service team at support@xplug.co.uk for any concerns, questions or complaints regarding the App or the Service we provide. 8) Communications; a) if we have to contact you, we will do so by email, phone, SMS or by post, using the contact details you have provided to us. 9) Regarding usage of the App, you may; a) download, stream, view, use and display the App on a single device for your personal purposes only. b) use any Documentation or tutorials to support your permitted use of the App and the Service. c) receive and use any supplementary software code or updates of the App as we may provide to you. d) you must be 18 or over to accept these terms and use the App. e) you may not transfer the App to someone else. f) you may not transfer the App or the Service to someone else, with or without payment or alternative consideration. g) you must remove the App from any device prior to the device being transferred to another user. 10) Changes to these terms; a) we will attempt to notify you of any changes to these terms when you start the App. b) continued use of the App and Service will require acceptance of any changes to the terms. c) a copy of the latest version of the terms (agreement to which is required for continued use of the App) is available on our website or by requesting a copy by Contacting us. d) you should periodically check the latest terms to ensure your acceptance to them. e) you should not assume that these terms remain unchanged should you not receive a notification via the App. 11) Updates to the App and changes to the Service; a) from time to time, we may automatically update the App or we may ask you to update the App. b) you may not be able to continue using the App and the Service if you do not update the App. 12) If someone else owns the device you are using; a) you must have the owner’s permission to download or stream the App. You will be responsible for complying with these terms, whether or not you own the device on which it is being used. 13) Third Party Services; a) the App or any Service may contain links to other independent websites or apps which are not provided by us. We are not responsible for such sites or apps, and have not checked or approved their content or their privacy policies (if any). b) you will need to make your own independent judgement about whether to use any such site or app, including whether to buy any products or services offered by them. 14) The Licence to use the App or Service is restricted and you agree that you will; a) not provide, make available, rent, lease, sub-license, or loan the App or the Services in any form, in whole or in part to any person or entity without prior written consent from us. b) not copy the App, Documentation or Services, except as part of normal use of the App. c) not adapt, alter, modify, translate, or merge, the whole or any part of the App, Documentation or Services. d) not permit the App or the Services or any part of them to be incorporated in or combined with, any other programs, except as necessary to use the App and the Services as permitted in these terms. e) not de-compile, reverse engineer, or disassemble works based on the whole or any part of the App or the Services nor attempt to do any such things, unless you have our consent to do so. f) not use the App, its code, or its Design, to create any software that is substantially similar in its expression to the App. g) 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. 15) Acceptable use of the App and Service, you must not; a) use the App or any Service for any unlawful purpose or in any unlawful manner, or in any manner which breaches these terms, or act maliciously or fraudulently. b) hack into or insert malicious code or viruses, into the App, any Service or any operating system. c) infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service. d) transmit any material that is objectionable, defamatory, or offensive in relation to your use of the App or any Service. e) use the App or any Service in a way that could disable, damage, impair or compromise our systems or security or interfere with other users. f) collect or harvest any information or data from any Service or our systems. g) attempt to decipher any transmissions to or from our systems and servers running any Service. 16) Intellectual property rights; a) all intellectual property rights in the App, Service and the Documentation belong to us and the rights in the App and the Service are licensed to you. b) you have no intellectual property rights in, or to, the App, Service or the Documentation other than the right to use them in accordance with these terms. 17) Our responsibility for loss or damage suffered by you If you are a consumer (i.e. someone who doesn’t use the App in relation to their trade or business); a) if we fail to comply with these terms, we are responsible for the loss or damage you suffer that is a foreseeable result of us breaking these terms or our failing to use reasonable care and skill. b) we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen. c) we are not responsible for any loss or damage you suffer in respect of third-party apps, services, software or websites. d) we do not exclude or limit in any way our liability to you where it would be unlawful to do so. e) if defective digital content that we have supplied damages a device belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by; i) following our advice to apply an update offered to you (whether for free or for a fee); ii) following reasonable security precautions on your device; or iii) correctly following installation instructions or to have in place the minimum system requirements. 18) Our responsibility for loss or damage suffered by you if you are a business; a) we are not liable for business losses. b) 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 sales or business, loss of anticipated savings or increase in costs, loss or corruption of data, business interruption, loss of business opportunity or indirect or consequential loss or damage. c) any tools or calculators provided within the app are provided for general information, you should not rely on them and should always use your independent judgement in ascertaining whether the results of any calculations or tools provided are correct. d) we will not be liable for any loss or damage to property or devices belonging to yourself, your customers or any third-party you directly deal with. e) we are not responsible for any loss or damage you suffer in respect of third-party apps, services, software or websites. f) our maximum aggregate liability under or in connection with the App or Service, whether such liability arises under contract, tort (including negligence) or any other legal liability, shall not exceed £5,000. 19) Limitations to the App and the Service; a) the App and the Service are provided for general information and facilitation purposes only. b) the App and Service do not offer advice on which you should rely. c) you must obtain professional advice before taking or not taking any action on the basis of information obtained from the App or the Service. d) we make no representations, guarantees or warranties, whether express or implied, that any information is accurate or complete. e) please check that the App and the Service are suitable for you. The App and the Service have not been developed to meet the requirements of a particular individual. Please check that the facilities and functions of the App and the Service (as described in the Documentation) meet your requirements. f) please back-up content and data on your device periodically if you are using the App, to protect yourself in case of problems with the App or the Service. We will not be held responsible for loss of data on any device due to the installation or use of the App. 20) Unavailability & Delays a) if our provision of the App or the Service is delayed by an event outside our control then we will attempt to 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. b) if you are unable to make use of the App or Service, including due to issues connecting to the App, Service, our Systems or servers, we will not be liable for any loss or damage whatsoever. 21) We may end your rights to use the App or Service, if; a) we impose a fee to make the use of the App or Service, and you do not make payment for of this fee b) you breach the terms and conditions of another Service provided by us c) you breach these terms d) we determine your usage of the App or service is deemed to be against their acceptable use 22) If we end your rights to use the App and Service; a) you must stop all activities authorised by these terms, including your use of the App and any Service. b) you must remove the App from all devices in your possession and immediately destroy all copies of the App which you have. c) we may remotely disable the use of the App and any Service. 23) Transfer of this Agreement a) we may transfer our rights and obligations under these terms to another organisation. b) we will ensure that any such transfer will not affect your rights under this Agreement. c) you may only transfer your rights or your obligations to another person or entity if we agree in writing. 24) No rights for third parties a) 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. 25) Illegality and enforcement a) each of the paragraphs of these terms operates separately. b) if any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. c) if we delay in enforcing this contract, we can still enforce it later. 26) These terms are governed by English law and you can bring legal proceedings in respect of the products in English courts.