BY CLICKING ON THE "ACCEPT" BUTTON YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK THE ‘’ACCEPT’’ BUTTON. YOU WILL NOT BE ABLE TO USE THE APP IF YOU DON’T ACCEPT THESE TERMS.
1 WHO WE ARE AND WHAT THESE TERMS DO
We, BUYABEAM LIMITED, a company incorporated under the laws of England and Wales with company number 12158075 and registered office address at Unit 3a Lucas Green, West End, Woking, Surrey, United Kingdom, GU24 9YB, license you to use:
1.1 BuyABeam version 1.0 mobile application software (the “App”) and any updates or supplements to it.
1.2 The related online and electronic documentation (the “Documentation”).
as permitted in these Terms.
2 WE ARE NOT RESPONSIBLE FOR PRODUCTS YOU PURCHASE VIA THE APP
2.1 The App is a marketplace for independent third-party suppliers (the “Suppliers” and each a “Supplier”) to list and sell CE-marked steel products (the “Products”) to you. We are neither a buyer nor a seller and we are not acting as agent for any Supplier.
2.2 If you proceed to purchase Products through the App, you will enter into a separate contract solely with the Supplier. Therefore, we recommend that before placing an order for Products via the App, you make sure that you are happy with the Supplier and its terms of sale as we do not assume any responsibility nor make any representation, warranty or guarantee, whether express or implied, as to the Products.
3 THE TERMS OF THE APPLE APP STORE AND GOOGLE PLAY ALSO APPLY
3.1 The ways in which you can use the App and Documentation may also be controlled by the terms of the Apple App Store and Google Play applicable from time to time as they may be made available to you by the Apple App Store or Google Play respectively.
3.2 The terms of the Apple App Store and Google Play will apply instead of these Terms where there are conflicts between the two.
4 OPERATING SYSTEM REQUIREMENTS
This app requires an Android or iPhone device with a minimum of 1 Gb of memory and Android or iOS operating system, Android 6.0 or higher and iOS 9 or higher.
5. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
5.1 Contacting us (including support and complaints). If you want to learn more about the App or have any problems using it or if you think the App is faulty or misdescribed or wish to contact us for any other reason, you can reach us via email at email@example.com or telephone on 01483 671578.
5.2 How we will communicate with you. 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.
6 HOW YOU MAY USE THE APP
In return for your agreeing to comply with these Terms you may:
- 6.1 download or stream a copy of the App onto a mobile telephone or handheld device and view, use and display the App on such device for the purpose of buying the Products only;
- 6.2 use any Documentation to support your permitted use of the App; and
- 6.3 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.
7 YOU MUST BE 18 TO ACCEPT THESE TERMS AND BUY THE APP
You must be 18 or over to accept these Terms and use the App.
8 THE APP IS ONLY FOR USERS IN ENGLAND
The App is directed to people residing in England. We do not represent that our App is appropriate for use or available in other locations.
9 YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App as set out in clause 6 above but 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.
10 CHANGES TO THESE TERMS
10.1 We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.
10.2 We will give you at least 30 days’ notice of any change by sending you an SMS or an email with details of the change or notifying you of a change when you next start the App.
10.3 If you do not accept the notified changes, we will notify you to let you know whether you may continue to use the App in accordance with the existing Terms without access to certain new features or will not be permitted to continue to use the App.
11 UPDATES TO THE APP
11.1 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.
11.2 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.
12 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.
13 YOUR PRIVACY
13.2 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.
14 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 the App.
15 WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN OFF LOCATION SETTINGS)
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 settings for the App on the device. By using the App, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data to provide and improve the App.
16 WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
16.1 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).
16.2 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.
You agree that you will:
- 17.1 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 prior written consent from us;
- 17.2 not copy the App or Documentation, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- 17.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Documentation nor permit the App 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;
- 17.4 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 (the “Permitted Objective”), and provided that the information obtained by you during such activities:
- 17.4.1 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
- 17.4.2 is not used to create any software that is substantially similar in its expression to the App;
- 17.4.3 is kept secure; and
- 17.4.4 is used only for the Permitted Objective;
- 17.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
18 ACCEPTABLE USE RESTRICTIONS
- 18.1 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;
- 18.2 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);
- 18.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
- 18.4 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
- 18.5 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.
19 INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App and the Documentation 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 or the Documentation other than the right to use them in accordance with these Terms.
20 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
20.1 Whether you are a consumer or a business user, 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.
20.2 If you are a consumer user:
20.2.1 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.
20.2.2 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.
20.2.3 We are not liable for business losses. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
20.3 If you are a business user:
20.3.1 Subject to clause 20.1, we exclude and limit our liability to you as follows:
- 184.108.40.206 We exclude all implied conditions, warranties, representations or other terms that may apply to our App or any content on it; and
- 220.127.116.11 We shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise, even if foreseeable, for any loss of profits, loss of business, business interruption, loss of business opportunity, depletion of goodwill and / or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under or in connection with these Terms.
20.4 Limitations to the App. The App is provided for general information only and we 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.
20.5 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.
20.6 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 Apple App Store and Google Play and in the Documentation) meet your requirements.
20.7 We are not responsible for events outside our control. If our provision of or 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.
21 WE MAY END YOUR RIGHTS TO USE THE APP
21.1 Without affecting any other right or remedy available to us, we may end your rights to use the App at any time by contacting you, including without limitation 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.
21.2 If we end your rights to use the App:
- 21.2.1 you must stop all activities authorised by these Terms, including your use of the App;
- 21.2.2 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
- 21.2.3 we may remotely access your devices and remove the App from them.
22 WE MAY TRANSFER OUR CONTRACT WITH YOU 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.
23 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.
24 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.
25 IF A COURT FINDS PART OF THE CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the clauses and sub-clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses and sub-clauses will remain in full force and effect.
26 EVEN IF WE DELAY IN ENFORCING THE CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing our contract with you, 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 the 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.
27 WHICH LAWS APPLY TO THE CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
27.1 If you are a consumer user, these Terms, their subject matter and their formation, are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.
27.2 If you are a business user, any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.