IVS End-User Licence Agreement
Please read this document carefully before using the App.
This end-user licence agreement (EULA) is a legal agreement between you and IVS Cleaning LTD of 31 Knebworth Avenue, E17 5AH (Licensor, us or we) for the IVS mobile application software (App) and the associated online and electronic documentation (Documents).
We license the use of the App to you on the basis of this EULA and are subject to any terms, rules or policies applied by the Apple App Store (including without limitation the App Store 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.
Important notice:
By downloading and using the App you agree to the terms of this EULA which will bind you. The terms of the EULA include, in particular, the privacy policy defined in condition 1.8 and the limitations and exclusions of liability in condition.
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.
AGREED TERMS
ABOUT US
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1.1 We are an introductory agent for providers of cleaning and other domestic and commercial services in London and the south east of England (Services).
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1.2 This App provides information about the available Services and allows you to submit a booking enquiry. Once we receive your booking enquiry through the App, we will provide you with a quotation for the job and, if you choose to proceed with the job, allocate a service provider. The contract will be between you and your allocated service provider, who will be solely responsible for the performance of the Services.
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1.3 All Services will be provided in accordance with the Services Terms and Conditions, which can be found at https://www.ivscleaning.co.uk/terms-of-service
ACKNOWLEDGEMENTS
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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.
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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 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.
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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 or submit booking enquiries for the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
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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.
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1.8 The terms of our privacy policy, available at https://www.ivscleaning.co.uk/privacy-policy, are incorporated into this EULA by reference. Additionally, by using the App, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
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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. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
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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.
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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
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1.12 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive revocable licence to use the App on the Devices, subject to these terms, the Privacy Policy and the App Store Rules, incorporated into this EULA by reference. We reserve all other rights.
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1.13 You may:
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(a) download a copy of the App onto the Devices and view, use and display the App on the Devices;
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(b) use the Documents solely in connection with your use of the App.
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LICENCE RESTRICTIONS
Except as expressly set out in this EULA or as permitted by the App Store Rules and any local law, you agree:
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(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;
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(d) not to rent, lease, sell, sub-license, loan, redistribute, translate, merge, adapt, vary or modify the App or Documents;
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(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;
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(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:
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(i) is used only for the purpose of achieving inter-operability of the App with another software program;
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(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
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(iii) is not used to create any software that is substantially similar to the App;
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(g) to include our copyright notice (“© IVS Cleaning 2021. All rights reserved.”) on all entire and partial copies you make of the App on any medium;
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(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;
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(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
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(j) to comply with all applicable third party terms of agreement when using the App.
ACCEPTABLE USE RESTRICTIONS
You must:
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(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;
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(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);
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(m) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
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(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
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(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
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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.
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1.15 You acknowledge that you have no right to have access to the App in source-code form.
OUR LIABILITY TO YOU
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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.
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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.
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1.18 If you are a consumer, subject to condition 1.16:
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(a) we have no liability to you for any loss of profits, sales, business or revenue, business interruption or loss of business opportunity; and
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(b) we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 1.20, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.
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1.19 If you are not a consumer, subject to condition 1.16:
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(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
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(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.
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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.
TERMINATION
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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):
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(a) if you commit a material or persistent breach of this EULA;
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(b) if you breach any of the Licence Restrictions (condition) or the Acceptable Use Restrictions (condition); and
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(c) if we disable or discontinue the App or the Services for any reason.
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1.22 On termination for any reason:
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(a) all rights granted to you under this EULA shall cease;
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(b) you must immediately cease all activities authorised by this EULA;
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(c) you must immediately delete or remove the App from all Devices and destroy any copies of it within your possession or control; and
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(d) you shall not seek to install or use the App and/or create a new account within the App without our written consent.
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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
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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 IVS Cleaning LTD at 31 Knebworth Avenue, E17 5AH or by email to info@ivscleaning.co.uk. We will confirm receipt of this by contacting you in writing, normally by the same method you used to contact us.
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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.
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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.
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1.27 You and we each acknowledge that:
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(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;
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(b) Apple has no obligation whatsoever to provide any maintenance or support services with respect to the App;
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(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.
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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.
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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, defense, settlement and discharge of any such intellectual property infringement claim.
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1.30 You acknowledge that we are solely responsible for any product warranties, whether expressed 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.
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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:
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(i) product liability claims;
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(ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
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(iii) claims arising under consumer protection or similar legislation.
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ADDITIONAL TERMS IMPOSED BY GOOGLE INC.
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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.
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1.33 You and we each acknowledge that:
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(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;
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(b) Google has no obligation whatsoever to provide any maintenance or support services with respect to the App;
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(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.
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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, defense, settlement and discharge of any such intellectual property infringement claim.
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1.35 You acknowledge that we are solely responsible for any product warranties, whether expressed 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.
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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:
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(i) product liability claims;
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(ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
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(iii) claims arising under consumer protection or similar legislation.
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OTHER IMPORTANT TERMS
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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.
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1.38 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
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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 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.
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1.40 Subject to condition Error: Reference source not found 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.
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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.
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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.
We are [app provider’s name and address], the creators of [app name] (referred to below as the ‘app’).
You must be at least [13] years old and resident in the UK to use the app.
By downloading the app, you are agreeing to the terms of this agreement which are legally binding. Please read it together with our privacy policy before you download and use the app. Only download the app if you have read the rules and agree to them.
If you do not agree to these terms, we will not allow you to use the app and you should not download it.
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1
This agreement-
1.1
We license you to download and use the app provided you follow all of the rules described in this agreement. The licence:-
1.1.1
is only for you personally (and anyone else that the app store lets you share the app with) and for non-business use; -
1.1.2
starts when you download the app; and -
1.1.3
covers content, materials, or services accessible from, or bought in, the app including all of our support resources. It also covers updates to the app unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.
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1.2
In this agreement, we refer to the site that you download the app from as the ‘app store’ and we refer to their rules and policies as the ‘app store rules’. You must comply with the app store rules as well as this agreement but, if there is any conflict between them, you should follow the app store rules rather than the equivalent rule here. -
1.3
You do not own the app or any of its contents but you may use it on devices that you own or control, as permitted by the app store rules. -
1.4
If you sell or give away the device on which you have downloaded the app, you must first remove the app from the device. -
1.5
You are not allowed to:-
1.5.1
modify the app’s code in any way, including inserting new code, either directly or through the use of another app or piece of software; -
1.5.2
deliberately attempt to avoid or manipulate any security features included in the app; or -
1.5.3
pretend that the app is your own or make it available for others to download or use (including by way of copying the code of the app and creating an independent version).
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2
Technical requirements -
To use the app your device needs to comply with the following minimum requirements:
Device compatibility
[Insert minimum device level]
Operating system
[Insert minimum operating system]
Space
[Insert minimum storage required]
Other
[Insert any other technical requirements]
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3
Support and contact-
3.1
If you need to get in touch with us, you can use any of the following methods: -
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Our support pages
[Insert link]
[Insert Twitter handle]
[Insert email address]
Post
[Insert postal address]
Telephone
[Insert telephone number]
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3.2
If we need to get in touch with you, we will do so by email or an in-app notification.
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4
Privacy and your personal information -
Protecting your personal information is important to us. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint.
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5
Collection of technical information -
We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the app. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.
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6
Location data-
6.1
The app makes use of functionality on your device that can pinpoint your location. We do this in order to [specify the feature]. -
6.2
When you open the app for the first time, you will be asked whether the app can use your location and in what circumstances. -
6.3
You can change your choices at any time in the app settings, and you can also turn the location services off at any time. The app will still function if location services are off, but its functionality may be reduced.
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7
Augmented reality-
7.1
This app uses the camera and other sensors on your device to impose digital effects on the real-life view that you see on your screen. -
7.2
You are responsible for your own safety, and the safety of others around you, while using augmented reality. Always check that the area around you is free from hazards and that your use of the app will not cause danger or disruption to other people. -
7.3
Never use the app on private property if you do not have the property-owner’s permission, and never cause any damage to property of any kind.
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8
Acceptable use-
8.1
You must not use the app to do any of the following things:-
8.1.1
break the law or encourage any unlawful activity; -
8.1.2
send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory; -
8.1.3
infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content); -
8.1.4
transmit any harmful software code such as viruses; -
8.1.5
try to gain unauthorised access to computers, data, systems, accounts or networks; or -
8.1.6
deliberately disrupt the operation of anyone’s website, app, server or business.
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9
Updates to the app-
9.1
We may update the app from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that we will ensure that the app still meets the description of it that was provided to you at the time you downloaded the app. -
9.2
Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the app store. -
9.3
We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the app may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the app updated to the latest version that we make available.
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10
Changes to this agreement-
10.1
We may need to revise this agreement from time to time to reflect changes in the app’s functionality, to deal with a security threat or if there is a change in the law or guidance. -
10.2
You will be asked to agree to any material changes in advance by an in-app notification, usually when you download an update. If you do not accept the changes, you will not be able to use the app and can apply to the app store for a refund.
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11
External services-
11.1
The app may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’). -
11.2
We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information. -
11.3
You must not use external services in any way that:-
11.3.1
is inconsistent with these terms or with the terms of the external service; or -
11.3.2
infringes our intellectual property rights, or the intellectual property rights of any third party.
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11.4
From time to time, we may change or remove the external services that are made available through the app.
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12
Our responsibility to you-
12.1
If we breach this contract or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time this contract was made, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do). -
12.2
We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage. -
12.3
If the app damages your device or any software installed on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, we will compensate you. We may ask you for information (including photographs) about what has happened so that we can understand the nature of the problem. -
12.4
Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
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13
Failures of networks or hardware -
The app relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the app store, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the app due to a poor internet connection, faulty components in your device (such as a faulty camera), app store failure or anything else that it would not be reasonable to expect us to control.
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14
Ending this agreement-
14.1
We can end this agreement if you do not comply with any part of it. -
14.2
We will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the app or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly. -
14.3
The consequences of the agreement ending are as follows:-
14.3.1
you are no longer allowed to use the app and we may remotely limit your access to it; -
14.3.2
you must delete it from any devices that it has been installed on; -
14.3.3
we may delete or suspend access to any accounts that you hold with us; and -
14.3.4
you are not entitled to a refund.
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15
Third parties -
No one other than us or you has any right to enforce any term of this agreement.
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16
Transferring this agreement-
16.1
We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result. -
16.2
You are not allowed to transfer your rights under this agreement to anyone without our prior written consent.
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17
Governing law and jurisdiction-
17.1
The laws of England and Wales apply to this agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. -
17.2
Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.