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App and Service Terms and Conditions

This policy was last updated on 18th October 2022.

 

Apple Store or Google Play Store terms and conditions

Apple Store's or Google Play Store terms will apply to your use of the App (as applicable to the location you have downloaded the App).

The ways in which you can use the App may also be controlled by the Apple Stores rules and policies https://www.apple.com/legal/internet-services/itunes/us/terms.html and the Apple Stores’ rules and policies shall apply instead of these Terms where there are differences between the two.

 

 

Operating system requirements

The App can be used on all iPhone and android devices with a suitable memory to support the App as advised from time to time. At present this requires IOS 12.0 or later (for Apple) and can be used on all Android operating systems.

 

 

Support for the App and how to report problems

All support for the App is provided via the GBG Helpdesk. If you want to learn more about the App or have any problems using the App please take a look at the support resources available here.

 

How you may use the App

You must be 18 or over to accept these Terms and download and use the App.

In return for you agreeing to comply with these Terms, you:

  • may download or stream a copy of the App onto and view, use and display the App and the Service on such devices for your personal purposes only.
  • may 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 may not transfer the App to someone else. 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 reflect changes to the App or Service, for example to cover any additional features which we may introduce.

Each time you use the App or Service to verify your identity, you will be asked to accept the latest version of these Terms. 

If you do not accept the Terms you will not be permitted to continue to use the App and the Service.

 

 

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.

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 you agree to GBG collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve the App products and any Services We provide to you.

We do not allow you to link to other websites via the App, and we do not allow any third parties to link to the App.

 

 

Licence restrictions

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, 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 or the 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, nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
    • is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
    • is not used to create any software that is substantially similar in its expression to the App;
    • is kept secure; and
    • is used only for the Permitted Objective;
  • 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

You must:

  • not 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 the Service or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App or the Service, (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 the Service;
  • Not transmit images of payment cards;
  • not 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
  • not collect or harvest any information or data from the Service or attempt to decipher any transmissions to or from the servers running any Service.

 

 

Intellectual property rights

All intellectual property rights in the App throughout the world belong to GBG, and all intellectual property rights in the Service belong to us (or our licensors). 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

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

- losses that were not foreseeable to you and us when these Terms were formed;

- losses that were not caused by any breach on our part;

- business losses; and

- losses to non-consumers.

 

 

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.

 

 

Limitations to the App and the Services

The App and the Services are provided for identity verification purposes only. They do not offer advice on which you should rely. 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. 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.

 

 

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) 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.

 

 

Termination

We may suspend or terminate access or operation of the App and the Services at any time as we see fit.

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.
  • 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.
  • We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

 

 

Assignment

We may transfer our rights and obligations under these Terms to another organisation, if We do this then notification will be provided via the Apple Store or Google Play Store listing.

 

 

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. 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.

 

 

Disputes

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out within these Terms.

If a dispute cannot be resolved using our complaint handling procedure or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.

If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.