TERMS OF APP USE PLEASE READ THESE LICENCE TERMS CAREFULLY
BY BUYING THE APP OR BY USING THE SERVICES YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT BUY THE APP AND/OR USE THE SERVICES.
WHO WE ARE AND WHAT THIS AGREEMENT DOES We LockSub Limited of Chessington Business Centre, Cox Lane, Chessington, Surrey, KT9 1SD
(referred to as “LockSub”, “we”, “us” or “our” in these Terms).
Under Section 1 of these Terms, we license you to use LockSub mobile application software, the data supplied with the software, (App) and any updates or supplements to it as permitted in these terms.
The App facilitates the advertising of locksmith jobs (Job) and purchase of the Job to provide locksmith services to end customers (Services). Jobs will be posted by LockSub and/or external subcontractors (Subcontractor). Services are provided by external locksmiths (Locksmith), not by LockSub. In these Terms, references to “Subcontractor” shall be taken to mean Locksub where the Job is posted by Locksub where applicable.
The following Sections will apply to you if you use the App:-
- As a Subcontractor – Sections 1, 2, 3 and 5 (plus any terms imposed by the Locksmith, as notified to you by the Locksmith)
- As a Locksmith – Sections 1,2, 4 and 5 (plus any terms imposed by the Subcontractors, as notified to you by the Subcontractor).
Please be aware that internet transmissions are never completely private or secure and 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.
SECTION 1 – USING THE APP
THE APPLICABLE APPSTORE’S TERMS ALSO APPLY The ways in which you can use the App may also be controlled by the applicable Appstore’s rules and policies and those rules and policies will apply instead of these terms where there are differences between the two.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS Support. If you want to learn more about the App or have any problems using it please take a look at our support resources at www.locksub.com
Contacting us (including with complaints). If you think the App is faulty or mis-described or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org or call them on 03333 660708.
How we will communicate with you. If we have to contact you we will do so by email, using the contact details you have provided to us.
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON In return for your agreeing to comply with these terms you 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 only use the App for your own internal business use.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND BUY THE APP You must be 18 or over to accept these terms and download the App.
UPDATE TO THE APP From time to time we may automatically update the App 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.
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 us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO The App 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.
LICENCE RESTRICTIONS You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without our prior written consent;
- not copy the App, 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 nor permit the App any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App 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.
ACCEPTABLE USE RESTRICTIONS You must:
- not use the App 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 or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App, 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;
- not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
INTELLECTUAL PROPERTY RIGHTS All intellectual property rights in the App throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these terms.
SECTION 2 – USING THE APP AS A LOCKSMITH OR SUBCONTRACTOR
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF) The App will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use this feature, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
You may stop us collecting such data at any time by turning off the location services settings on your mobile device.
SERVICES Locksmiths are responsible for providing the Services to end customers. If and to the extent that we provide services, we shall provide such services with reasonable skill and care.
SECURITY AND PASSWORDS In order to register with the App and to sign in when you use the App, you will need to use a username and password. You are solely responsible for the security and proper use of your password, which should be kept confidential at all times and not disclosed to any other person. You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use or disclosure of an password.
DATA PROTECTION In this paragraph the followings words shall have the following meanings: • “Data Protection Legislation” shall mean any law, statute, regulation, rule or other binding restriction regarding the protection of individuals with regards to the processing of their personal data to which a party is subject, including the DPA, any other European Union legislation which apply to a party and any code of practice or guidance published by the Information Commissioner’s Office from time to time; • “DPA” shall mean the Data Protect Act 2018; • “process”, “personal data”, “data processor”, “data controller”, “data subject” shall have the terms given to them in the Data Protection Legislation.
If and to the extent that LockSub processes any personal data in connection with Jobs uploaded to the App, the parties acknowledge that for the purposes of the Data Protection Legislation, the Subcontractor and/or the Locksmith (as applicable) is the data controller (“Data Controller”) and LockSub is the data processor (“Data Processor”). All parties will comply with all applicable requirements of the Data Protection Legislation. The Data Processing Appendix sets out the scope, nature and purpose of processing by the Data Processor, the duration of the processing and the types of personal data and categories of data subject in relation to Jobs.
The Data Controller will: • provide complete, accurate and lawful written instructions to the Data Processor to govern the processing of personal data as initially set out in the Data Processing Appendix; • ensure that Data Controller has all necessary appropriate consents and notices in place to enable lawful transfer of the personal data to the Data Processor for the duration and purposes of the processing; and • notify the Data Processor without undue delay on becoming aware of a personal data breach which has or may have an impact on the processing carried out by the Data Processor or the written instructions for processing.
The Data Processor shall, in relation to any personal data processed in connection with the performance by the Data Processor of its obligations under these Terms: • process that personal data only on the written instructions of the Data Controller as set out in the Data Processing Appendix unless the Data Processor is required by the laws of England or by the laws of the European Union (for so long as and to the extent that they apply to the Data Processor) to process personal data (“Applicable Laws”). Where the Data Processor is relying on Applicable Laws as the basis for processing personal data, the Data Processor shall promptly notify the Data Controller of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Data Processor from so notifying the Data Controller; • ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it); • ensure that all Data Processor personnel who have access to and/or process personal data are obliged to keep the personal data confidential; • not transfer any personal data outside of the European Economic Area (which includes the United Kingdom for the purposes of this Agreement) unless the prior written consent of the Data Controller has been obtained and the following conditions are fulfilled:
o the Data Controller or the Data Processor has provided appropriate safeguards in relation to the transfer; o the data subject has enforceable rights and effective legal remedies; o the Data Processor complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; and o at the Data Controller’s cost, the Data Processor complies with reasonable instructions notified to it in advance by the Data Controller with respect to the processing of the personal data; • assist the Data Controller, at the Data Controller’s cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators; • notify the Data Controller without undue delay on becoming aware of a personal data breach; • at the written direction of the Data Controller, delete or return personal data and copies thereof to the Data Controller on termination of the agreement unless required by Applicable Law to store the personal data; and • maintain complete and accurate records and information to demonstrate its compliance with this paragraph. The Data Controller consents to the Data Processor appointing third-party processors of personal data under these terms and the Data Processor shall provide the Data Controller with a list of current sub-processors on request. The Data Processor confirms that it has with the third-party processor entered into a written agreement substantially on that third party’s standard terms of business. Prior to appointing any other sub-processors, the Data Processor shall give the Data Controller 30 days’ prior notice after which time the Data Controller shall have 90 days’ to terminate the agreement if the Data Controller does not agree to the appointment. As between the Data Controller and the Data Processor, the Data Processor shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this provision.
SECTION 3 – PROVISION OF SERVICES AS SUBCONTRACTOR – ADDITIONAL TERMS
WHAT THIS SECTION COVERS This section applies whenever you register or use the App to post Jobs. Please read these terms carefully before you register with the App or post a Job.
REGISTERING ON THE APP You can register on the App as a Subcontractor to allow you to post Jobs to the App.
POSTING JOBS All Jobs posted to the App must:- • be accurate; • be confirmed and consolidated; • contain sufficient detail to allow the Subcontractor to provide the Services.
LOCKSMITHS Locksmiths are independent service providers, not our employees or workers. We have no involvement in the provision of the Services. Anyone can register on the App to purchase Jobs and can do so without providing evidence of their ability. We do not vet or verify any Locksmiths and we rely on information provided by Locksmiths and we cannot be held responsible for Services provided, nor do we endorse or recommend any Locksmith. Once a Job is purchased by a Locksmith it will be removed from the App and at this point a contract will come into existence between you and the Locksmith in respect of the Services. Any terms imposed by the Locksmith will apply in addition to these Terms.
CHANGES Once an agreement has been reached for the Services between you and a Locksmith, if you wish to make any changes to the Services please contact the Locksmith.
REMOVAL FROM THE APP We reserve the right at our complete discretion to remove you from the App and you shall not be permitted to post further Jobs. This may be, for example, if you post unconfirmed Jobs.
LIABILITY IF WE SUFFER ANY LOSSES AS A RESULT OF YOUR ACTS OR OMISSIONS, YOU SHALL INDEMNITY US IN RESPECT OF ALL LOSSES SUFFERED BY US.
SECTION 4 – USE OF SERVICES AS LOCKSMITH – ADDITIONAL TERMS
WHAT THIS SECTION COVERS This section applies whenever you register or use the App to view and purchase Jobs to provide Services to end customers. Please read these terms carefully before you register with the App or purchase a Job.
REGISTERING ON THE APP You can register on the App as a locksmith to allow you to purchase Jobs via the App. During this process you will be required to set parameters for your Services including your level of capability, geographical region etc (Parameters). You must also provide us with payment details when registering with the App.
PURCHASING JOBS The App facilitates the posting of Jobs by Subcontractors. Jobs are posted by Subcontractors and except where LockSub posts a Job, LockSub is not responsible for Jobs. If a Job which matches your Parameters is posted, you will be notified via the App. You will then be given the opportunity to purchase the Job. The fee for purchasing Jobs is as listed on the App (Fee). You will be required to pay the Fee prior to full details of the Job being made available to you. By purchasing the Job you are agreeing to provide the Services. Once you have paid the Fee you will be provided with full details of the Job. At this point a contract will come into existence between you and the Subcontractor in respect of the Services. Any terms imposed by the Subcontractor will apply in addition to these Terms.
REFUNDS All Fees paid are non-refundable in any circumstances.
COMMUNICATING WITH SUBCONTRACTORS It is recommended that you communicate with the Subcontractor via the App. Should you choose to provide your contact details to the Subcontractor, you do so at your own risk.
PROVIDING SERVICES You warrant that you will provide the Services with reasonable skill and care. The price for the Services is to be agreed with the Subcontractor and/or the end customer. You must charge a reasonable price for the Services provided. We recommend maximum charges as follows: • £199 + VAT for any standard lock change; • £299 + VAT for any lock out; or • £399 + VAT for any standard gearbox and mechanism change.
CHANGES Once an agreement has been reached for the Services between you and a Subcontractor, if you wish to make any changes to the Services please contact the Subcontractor.
REMOVAL FROM THE APP We reserve the right at our complete discretion to remove you from the list of translators on the App. This may be, for example, if you receive negative feedback from individuals in relation to the Services, or fail to provide Services, or in our reasonable opinion over-charge individuals to provide the Services.
FEEDBACK You can rate the Job via the App, for example how accurate the details provided were. This will only be visible to LockSub and the Subcontractor who posted the Job.
LIABILITY IF WE SUFFER ANY LOSSES AS A RESULT OF YOUR ACTS OR OMISSIONS, YOU SHALL INDEMNITY US IN RESPECT OF ALL LOSSES SUFFERED BY US.
SECTION 5 – GENERAL TERMS – APPLY IN ALL CASES
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 30 days’ notice of any change by sending you a notification 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 will not be permitted to continue to use the App.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU 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.
Our responsibility for loss or damage suffered by you if you are a business. Subject to the paragraph above: • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of anticipated savings, loss of revenue, or any indirect or consequential loss arising under or in connection with any contract between us; and • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total fees paid to you by us in the 12 months preceding the event giving rise to liability.
Limitations to the App. The App are provided for general information and entertainment 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. Although we make reasonable efforts to update the information provided by the App, 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.
Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the appstore site) meet your requirements.
We are not responsible for events outside our control. If our support for the App 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.
WE MAY END YOUR RIGHTS TO USE THE APP IF YOU BREAK THESE TERMS We may end your rights to use the App 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:
- You must stop all activities authorised by these terms, including your use of the App.
- 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.
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 App in the English courts.
DATA PROCESSING APPENDIX
- Processing by LockSub
1.1 Scope – In connection with providing the App to Locksmiths and Subcontractors
1.2 Nature – Locksub provides the App to allow Subcontractors and Locksmiths to provide services to its customer’s through the use of the App. Any processing is to support the provision of the App.
1.3 Purpose of processing – Facilitate contact between Locksmiths and end customers.
1.4 Duration of the processing – 12 months after Job purchased by Locksmith.
- Types of personal data – Name, address, telephone number.
- Categories of data subject – End customers receiving Services.