Muckle App Terms and Conditions

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE APP.

  1. Who we are and what these terms do

We, Muckle LLP of Time Central, 32 Gallowgate, Newcastle upon Tyne, NE1 4BF license you to use:
1.1 the Muckle App version 1.0.0 mobile application software (App) and any updates or supplements to it
1.2 the Muckle Connect identification process service you connect to via the App and the content we provide to you through it (Service)
as permitted in these terms.

  1. Your privacy

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://www.muckle-llp.com/privacy-policy and it is important that you read that information.

  1. Google Play and/or the App Store’s terms also apply

The ways in which you can use the App may also be controlled by the rules and policies of Google Play or the App Store. Those rules and policies will apply instead of these terms where there are differences between the two.

  1. Operating system requirements

This app requires either:
4.1 an Android device and the Android operating system Android 5.0 – Lollipop (API Level 21); or
4.2 an iPhone or iPad and the iOS operating system version 12.0.

  1. Support for the App and how to tell us about problems

5.1 If you think the App or the Service is faulty or misdescribed or wish to contact us for any other reason, please email [email protected] or call on 0191 211 7888.
5.2 If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

  1. 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:
6.1 download or stream a copy of the App onto your mobile telephone or device and view, use and display the App and the Service on such devices; and
6.2 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.

  1. You must be 18 to accept these terms and buy the app

You must be 18 or over to accept these terms and buy the App.

  1. You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out in paragraph above. You may not transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

  1. Changes to these terms

9.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
9.2 We will give you at least 30 days’ notice of any change.
9.3 If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you and we will not continue to support this configuration of the App and the Service.

  1. Update to the App and changes to the Service

10.1 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.
10.2 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 and the Service.
10.3 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.

11. 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.

12. We are not responsible for other websites you link to

12.1 The App or Service 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).
12.2 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.

13. Licence restrictions

You agree that you will:
13.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;
13.2 not copy the App or Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
13.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Service nor permit the App or the Service 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 Service on devices as permitted in these terms;
13.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service 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:
13.4.1 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
13.4.2 is not used to create any software that is substantially similar in its expression to the App;
13.4.3 is kept secure; and
13.4.4 is used only for the Permitted Objective;
13.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

14. Acceptable use restrictions

You must:
14.1 not use the App or 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, Service or any operating system;
14.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or Service (to the extent that such use is not licensed by these terms);
14.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or Service;
14.4 not use the App or Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
14.5 not collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.

15. Intellectual property rights

15.1 All intellectual property rights in the App and the Service throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Service other than the right to use them in accordance with these terms.
15.2 Our name, trade marks and logos appear on the App. They may not be used without our prior written consent.

16. Our responsibility for loss or damage suffered by you

16.1 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.
16.2 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.
16.3 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.
16.4 We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.5 Limitations to the App and the Service.
16.5.1 Although we endeavour to ensure that the contents of the App are accurate, up to date and in accordance with English Law, the details contained on it should be regarded as for general information purposes only and we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
16.5.2 Due to the fact that the information on the App should not be construed as advice, we cannot accept liability in relation to loss arising out of your use of or reliance on the information on the App (save to the extent we are unable to do so by law).
16.5.3 We advise that you seek appropriate legal advice before taking or refraining from taking any action. If you have a specific legal problem, please contact the relevant partner listed on the App or alternatively you can send an email to [email protected] We use the word ‘partner’ to refer to a member of Muckle LLP, or an employee or consultant who is a lawyer of equivalent standing and with similar qualifications. A list of the Muckle LLP members together with those non-members who are designated as partners is available at our registered office.
16.6 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.
16.7 Check that the App and the Service are suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service (as described on Google Play or in the App Store (as applicable)) meet your requirements.
16.8 We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service 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 (as set out in these terms).

17. Insurance

Our professional indemnity insurance’s limit of indemnity is not less than £3,000,000 for any one claim. Our insurer is Allianz Global Corporate & Speciality AG of 60 Gracechurch Street, London, EC3V 0HR. Telephone 020 3451 3000. The territorial limits and jurisdiction are worldwide.

18. We may end your rights to use the App and the Service if you break these terms

18.1 We may end your rights to use the App and Service 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.
18.2 If we end your rights to use the App and Service:
18.2.1 you must stop all activities authorised by these terms, including your use of the App and Service;
18.2.2 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; and
18.2.3 we may remotely access your devices and remove the App from them and cease providing you with access to the Service.

19. We may transfer these terms 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 these terms.

20. 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.

21. No rights for third parties

These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of them.

22. If a court finds part of these terms 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.

23. Even if we delay in enforcing these terms, we can still enforce them later

Even if we delay in enforcing these terms, we can still enforce them 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 these terms, 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.

24. Which laws apply to these terms 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.