Terms of use - TradesTek

TradesTek Terms and Conditions

1) GENERAL

a) By installing or using the System (as defined below), you agree to be bound by these terms of use ("System Terms"). Please review them carefully before installation and/or acceptance.

2) DEFINITIONS

a) The "System" means the software or websites which enables you to access TradesTek’s services, its partners' services and related services via either the “Application” or “System Website”.

b) The “Application is the software installed on a mobile device which allows you to access the System to be used on Apple iOS and Android OS devices.

c) The “System Website” is any website which allows you to access the System to be accessed via a modern web browser.

3) DATA PROTECTION AND PRIVACY

a) Any personal information you supply to TradesTek when using the System may be used by TradesTek in accordance with its Privacy Policy which can be found at http://TradesTek.com. Personally identifiable information may be used to support and improve your personal experience of the System and better meet your needs.

b) Personal data in relation to your business will be stored for System use, however will not be accessed or used by TradesTek except for the limited uses specified in the Privacy Policy.

c) TradesTek will collect aggregated System data to help improve and maintain the System.

4) PROPRIETARY RIGHTS AND LICENCE

a) All trademarks, copyright, database rights and other intellectual property rights of any nature in the System together with the underlying software code are owned either directly by TradesTek or by TradesTek licensors.

b) TradesTek hereby grants you a worldwide, non-exclusive, royalty-free, revocable licence to use the System for your business and personal use in accordance with these System Terms.

5) CONDITIONS OF USE

a) You will not, nor allow third parties on your behalf to

i) make and distribute copies of the system
ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the system; or
iii) create derivative works of the system of any kind whatsoever.

b) The System is currently made available to you free to download and access as a user. To gain access to the full feature set of TradesTek requires the creation of a Company Account within TradesTek and the inviting of users to be members of that Company Account. Users who are members of a Company Account attract a fee depending on the features used and specified in the Pricing Model available on http://TradesTek.com.

c) TradesTek reserves the right to amend or withdraw the System, or charge for the Application or service provided to you in accordance with these System Terms, at any time and for any reason. We will notify you of any significant change to these System Terms. By continuing to access or use the System after such notification, you confirm your agreement to the System Terms, as amended.

d) You acknowledge that the terms of agreement with your respective Internet Service Provider (‘ISP’) or Mobile Network Provider (‘Mobile Provider’) will continue to apply when using the System Website. As a result, you may be charged for access to network connection services and data for the duration of the connection while accessing the System Website or any such third-party.

e) You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider') will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services or data for the duration of the connection while accessing the Application or any such third-party charges as may arise. You accept responsibility for any such charges that arise.

f) If you are not the bill payer for the mobile telephone or handheld device being used to access the Application or System Website, you confirm that you have received permission from the bill payer for using the System.

6) AVAILABILITY

a) This System is available to handheld mobile devices running Apple iOS and Android OS Operating Systems and modern Web Browsers. TradesTek will use reasonable efforts to make the System available at all times. However, you acknowledge the System is provided over the internet and mobile networks and so the quality and availability of the System may be affected by factors outside TradesTek’s reasonable control.

b) Tradestek, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the System, or any difficulty or inability to download or access content or any other communication system failure which may result in the System being unavailable.

c) TradesTek will not be responsible for any support or maintenance for the System.

7) APPLICATION SYSTEM REQUIREMENTS

a) In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').

b) The Software Requirements are as follows: Apple iOS devices running iOS 7+, and Android OS devices running Android OS 6.0.0+; Language: English.

c) The version of the Application software may be upgraded from time to time to add support for new functions and services.

8) SYSTEM WEBSITE SYSTEM REQUIREMENTS

a) In order to use the System Website, you are required to have a compatible modern Web Browser and internet access.

9) TERMINATION

a) TradesTek may terminate use of the Service at any time by giving notice of termination to you.

b) Upon any termination,

i)the rights and licenses granted to you herein shall terminate
ii)you must cease all use of the System.

10) LIMITATION OF LIABILITY

a) TradesTek is not liable to you for any:

i)direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the System, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise;
ii)damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the System; except to the extent such loss or damage was caused by our breach of an applicable Consumer Guarantee under the Consumer Guarantees Act.

b) Nothing in these System Terms excludes or limits TradesTeks liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under the Consumer Guarantees Act or other applicable law.