BY CLICKING ON THE BOX “I ACCEPT TERMS AND CONDITIONS” YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
Who we are and what this agreement does
We SIDHOM IT CONSULTING LTD, a company registered in England and Wales under Company registration number 05343724, license you to use:
- KNOW MY BUILD mobile application software, the data supplied with the software, (App) and any updates or supplements to it.
- The service you connect to via the App and the content we provide to you through it (Service).
as permitted in these terms.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Apple app store’s/Google play’s terms also apply
The ways in which you can download the App may also be controlled by the Apple App Store’s/ Google Play’s rules and policies. These terms apply to you once you have downloaded the App and accepted these Terms.
Operating system requirements
This app operates on the following supported platforms and devices:
Platform Minimum Support
- iOS Latest 2 Years
- Android Latest 2 Years
- PWA Mobile Chrome
- Responsive Web Mobile Safari
* While new OS versions will be supported, a grace period for adjustments will be allotted upon new releases.
Feature Supported Orientation is Portrait
Device Minimum Support
- iPhones 6, 7, 8, 10.
- Android Phones Any Android phone supporting the OS versions listed above
- iPad Latest versions of iPad, iPad Mini, iPad Pro.
- Android Tablets Any Android tablet supporting the OS versions listed above with the required hardware for the app such as GPS and Bluetooth.
How to tell us about problems
Contacting us (including with complaints). If you think the App or the Services are faulty or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org.
How we will communicate with you. If we have to contact you we will do so by email, using the email address you have provided to us.
How you may use the App
The App is an administration and communication tool to aid all parties involved in a building project. A user sets up an account under which the user lists “Projects”. The User pays each time that they list a Project on the App. Third parties can be granted access to one or more Projects by a user to allow all those involved to communicate and access the information uploaded to the App by the user or other third parties during the Project, providing that the third party has registered and downloaded the App onto their own device.
In return for your agreeing to comply with these terms you may:
- download a copy of the App onto an unlimited number of devices and view, use and display the App and the Service on such devices for your personal or business purposes.
- upload text and images in relation to each Project listed on your account.
- 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 to accept these terms and buy the app
You must be 18 or over to accept these terms and buy the App.
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 otherwise transfer your account for use of 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 to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 10 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you.
Update to the App and changes to the Service
From time to time we may automatically update the App and 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 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.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
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 may collect technical data about your device
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
We may collect location data (but you can turn location services off)
We do not currently process your Location Data. You can choose to consent to us processing your Location Data at the time you action any function of the App which requires your Location Data.
You may stop us collecting such data at any time by turning off the location services settings.
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, the App or the Services other than in any ways permitted by these Terms, in whole or in part to any person without prior written consent from us;
- not copy the App, or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- 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.
- 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. You are responsible for all content you upload relating to each Project;
- 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, including but not limited to, using the App to raise grievances against other parties involved with the Project, or to start or carry on a dispute. We shall not be liable to any third parties with regards to any content that you upload which is defamatory, offensive or otherwise objectionable and we reserve the right to remove the Project from the App on immediate notice to you;
- 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, 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, or the Services other than the right to use them in accordance with these terms.
Our responsibility for loss or damage suffered by you- PLEASE READ
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 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.
If you are a consumer (non -business customer): 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 that you could have avoided by following our advice to apply an update offered to you free of charge or 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.
If you are a business customer Business losses. If you are using this App in the course of your business, this clause applies to you. Subject to the clause above (We do not exclude or limit in any way our liability to you where it would be unlawful to do so), we shall not in any circumstances be liable whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for:
(a) any loss (whether direct or indirect) of profits, business, business opportunities, revenue, turnover, reputation or goodwill;
(b) any loss or corruption (whether direct or indirect) of data or information;
(c) loss (whether direct or indirect) of anticipated savings or wasted expenditure (including management time); or
any loss or liability (whether direct or indirect) under or in relation to any other contract.
Our total aggregate liability in contract, tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise to all business customers, arising in connection with the performance or contemplated performance of these terms or any collateral contract shall:
(a) in respect of any cause of action related to the provision and use of the App and the Services, be limited to and shall not exceed the sum of £1,000,000.00 (one million pounds) in respect of all claims bought by business customers in any one year.
Limitations to the App and the Services. The App and the Services are provided for communication and administration purposes only. 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. The users of the App are responsible for the accuracy, completeness and standard of content they upload to the App and 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. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
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 will 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.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
- You will not be able to access any information/content you have previously uploaded to the App once we ended your rights to use the App.
We may transfer this agreement to someone else
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 the contract.
You need our consent to transfer your rights to someone else
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.
If a court finds part of this contract illegal, the rest will continue in force
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
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.