Last updated: 20 December 2017.
Please read this document carefully before using the App.
This end-user licence agreement (EULA) is a legal agreement between you and 1st Online Solutions Limited incorporated and registered in England and Wales, with company number: 07082485, whose registered office is at Second Floor, 98 Tooley Street, London, SE1 2TH, United Kingdom (Licensor, us or we) for the AllBookable mobile application software (the ‘App’) and the associate ted online and electronic documentation (Documents).
We license use of the App to you on the basis of this EULA and subject to any terms, rules or policies applied by the Google Play or Apple App Store (including without limitation any and all of the Store’s Terms of Service and the Usage Rules contained therein) (App Store Rules). We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.
If you do not agree to the terms of this EULA, we will not license the App to you and you must not download, access or use the App.
You should print a copy of this EULA for future reference.
- 1.1 We are software company providing business and job management solutions to service providers in United Kingdom.
- 1.2 This App provides information about the jobs that you have booked and allows you to manage your schedule. The functions of the App are: calling clients, sending text messages to the clients, checking for replies, clocking in start and finish time for each job, changing payments methods, changing the price, uploading photos, cross selling, leaving tasks for Customer Service, leaving comments in booking files.
- 1.3 All Services will be provided in accordance with the SaaS Agreements.
- 1.4 The terms of this EULA apply to your use of the App, including any updates or supplements to the App. If any open-source software is included in the App, the terms of an open-source licence may override some of the terms of this EULA.
- 1.5 We may change the terms of this EULA at any time. We will notify you if we change the EULA by sending you an SMS, email or push notification (if you have agreed to receive them) or by placing a notice within the App which will be visible to you when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them if you wish to continue to submit booking enquiries through the App.
- 1.6 From time to time updates to the App may be issued through the App Store. Depending on the update, you may not be able to access the App until you have downloaded the latest version of the App and accepted any new terms.
- 1.7 You accept responsibility in accordance with these Terms for your use of the App on or in relation to any mobile device, including, without limitation, a cell phone, tablet, laptop and any other mobile device on which it is possible to download and use the App, whether or not such device is owned by you (Devices). You will be assumed to have obtained permission from the owner of any Device that is controlled, but not owned, by you to download a copy of the App onto such Device. You or they (as may be applicable) may be charged by the relevant service provider for internet access on that Device. You may not use this App on any Device that is not owned or controlled by you.
- 1.9 By using the App, you consent to us collecting and using technical information, including but not limited to technical information about the Devices, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the App. In addition, you consent and allow us and the App to access the storage, camera, GPS, contacts, sim card of your mobile device.
- 1.10 The App may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.11 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
Scope of licence
1.13 You may:
- (a) download a copy of the App onto the Devices and view, use and display the App on the Devices;
- (b) use the Documents solely in connection with your use of the App.
Except as expressly set out in this EULA or as permitted by the App Store Rules and any local law, you agree:
- (c) not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
- (d) not to rent, lease, sell, sub-license, loan, redistribute, translate, merge, adapt, vary or modify the App or Documents;
- (e) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
- (f) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
- (i) is used only for the purpose of achieving inter-operability of the App with another software program;
- (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- (iii) is not used to create any software that is substantially similar to the App;
- (g) to include our copyright notice (“© 1st Online Solutions. All rights reserved.”) on all entire and partial copies you make of the App on any medium;
- (h) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person;
- (i) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App (Technology); and
- (j) to comply with all applicable third party terms of agreement when using the App.
Acceptable use restrictions
- (k) not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system;
- (l) not infringe our intellectual property rights or those of any third party in relation to your use of the App, including the submission of any material (to the extent that such use is not licensed by this EULA);
- (m) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
- (n) not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- (o) not collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App.
Intellectual property rights
- 1.14 You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
- 1.15 You acknowledge that you have no right to have access to the App in source-code form.
Our liability to you
- 1.16 Nothing in this EULA excludes or limits our liability for: death or personal injury arising from our negligence; or our fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited under English law.
- 1.17 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
- 1.19 Subject to condition 1.16:
- (a) to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App or any content on it, whether express or implied; and
- (b) we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with your possession and/or use of the App for any: loss of profits, sales, business or revenue; business interruption; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.
- 1.20 Our total liability to you under or in connection with this EULA whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the total price paid by you for Services during the six months preceding the date the liability was incurred. This limitation does not apply to the types of loss set out in condition 1.16.
- 1.21 We may terminate your right to access and use the App immediately by giving you written notice (which may include a notice within the App):
- (a) if you commit a material or persistent breach of this EULA or your Saas Agreement;
- (b) if you breach any of the Licence Restrictions (condition) or the Acceptable Use Restrictions (condition); and
- (c) if we disable or discontinue the App, our SaaS Agreement with you or the Services for any reason.
- 1.22 On termination for any reason:
- (a) all rights granted to you under this EULA shall cease;
- (b) you must immediately cease all activities authorised by this EULA;
- (c) you must immediately delete or remove the App from all Devices and destroy any copies of it within your possession or control; and
- (d) you shall not seek to install or use the App and/or create a new account within the App without our written consent.
- 1.23 Termination of your right to access or use the App and/or of any account you may have with us, for whatever reason, shall not affect the accrued rights of the parties arising in any way out of this EULA as at the date of termination and in particular, but without limitation, the right to recover damages from the other.
Communication between us
- 1.24 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by prepaid post to 1st Online Solutions Limited at Second Floor, 98 Tooley Street, London SE1 2TH or by email to [email protected] We will confirm receipt of this by contacting you in writing, normally by the same method you used to contact us.
- 1.25 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your request for the App. Alternatively, we may display notices within the App itself.
Additional terms imposed by Apple Inc.
- 1.26 Where the App has been downloaded from the Apple App Store, the App may only be accessed and used on a Device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with the App Store Rules.
- 1.27 You and we each acknowledge that:
- (a) this EULA is concluded between you and us, and not with Apple Inc. (Apple), and we are solely responsible for the App and the contents thereof;
- (b) Apple has no obligation whatsoever to provide any maintenance or support services with respect to the App;
- (c) Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA and, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms of the EULA against you as a third-party beneficiary thereof.
- 1.28 You acknowledge that: (i) you are not (and will not be) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) that you are not listed on any U.S. Government list of prohibited or restricted parties.
- 1.29 In the event of any third-party claim that the App or your possession and use of the App infringes the third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
- 1.30 You acknowledge that we are solely responsible for any product warranties, whether express or implied by law, to the extent not excluded. To the maximum extent permitted by law, Apple shall have no warranty obligation or any other liability to you for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform with any warranty, whether express or implied by applicable law, other than an obligation to refund to you any purchase price paid for the App.
- 1.31 You acknowledge that we are solely responsible for addressing any claims by you or a third party relating to the App or its possession or use by you including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Additional terms imposed by Google Inc.
- 1.32 Where the App has been downloaded from the Google Play, the App may only be accessed and used on a Device owned or controlled by you and using Android operating system, and only in accordance with the Google Play Rules.
- 1.33 You and we each acknowledge that:
- (a) this EULA is concluded between you and us, and not with Google Inc. (Google), and we are solely responsible for the App and the contents thereof;
- (b) Google has no obligation whatsoever to provide any maintenance or support services with respect to the App;
- (c) Google, and Google’s subsidiaries, are third party beneficiaries of the EULA and, upon your acceptance of the terms and conditions of the EULA, Google will have the right (and will be deemed to have accepted the right) to enforce the terms of the EULA against you as a third-party beneficiary thereof.
- 1.34 In the event of any third-party claim that the App or your possession and use of the App infringes the third party’s intellectual property rights, we, not Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
- 1.35 You acknowledge that we are solely responsible for any product warranties, whether express or implied by law, to the extent not excluded. To the maximum extent permitted by law, Google shall have no warranty obligation or any other liability to you for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform with any warranty, whether express or implied by applicable law, other than an obligation to refund to you any purchase price paid for the App.
- 1.36 You acknowledge that we are solely responsible for addressing any claims by you or a third party relating to the App or its possession or use by you including but not limited to:
- (i) product liability claims;
- (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
- (iii) claims arising under consumer protection or similar legislation.
Other Important terms
- 1.37 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
- 1.38 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
- 1.39 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- 1.40 Subject to condition 1.37 and except as expressly stated in this EULA, a person who is not a party to this agreement shall have no right to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- 1.41 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- 1.42 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.