Wave

Terms of Use

Our Terms of Use V1 10/07/20

1. Definitions

In these Terms of Use:

 

“App” means an application devised and developed by Us for use by a Licensee using Our Intellectual Property with Our ‘Covid Check-In’ brand;

 

“Compliance” means such record keeping requirements as the Department of Health and Social Care imposes on businesses in order that they can re-open their premises to retail customers under the Coronavirus Act 2020, the Public Health (Control of Diseases) Act 1984 and/or the Civil Contingencies Act 2004 or such regulations as have been made or may in the future be made under these Acts of Parliament;

 

“Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the App;

 

“Developer’s Intellectual Property” means the copyright in the source code behind and underpinning the App, the data base rights in the App, the business method and/or computer software patent the Developer has in its Covid Check-In system, its unregistered trademark in the Covid Check-In system, and its goodwill in the App and wireless ordering system;

 

“Device” means a smartphone on which the App will work using a QR code and which includes iphones, ipads and android phones;

 

“Party” means a group of people who have visited the Licensee’s Premises to buy the Licensee’s products or services and who have remained on those Premises whilst they were consumed;

 

“Party Leader” means the person nominated on behalf of the Party to record the arrival and departure of the Party from the Licensee’s Premises;

 

“Premises” refers to any business premises of a Licensee that are open to the public and which take orders from those customers in relation to drinks, snacks, meals, or refreshments; hospitality, accommodation, entertainment or recreation; artistic, cultural, heritage or similar services and that have signed up to use Our App;

 

“Terms of Use” refers to the terms of use of Our App;

 

Where the capitalised words “They”, “Them”, “Their” or “Theirs” are used they refer to a business which has also signed up with Us to use Our App at Premises of that business;

 

“Unwanted Submission” means any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that You regard as confidential, commercially sensitive or valuable;

 

“Visit” means a visit by a Party to the Premises of a Licensee; 

 

Where the capitalised words “We”, “Us”, “Our” or “Ours” are used they refer to Ginspiration Limited; and

 

Where the capitalised words “You”, “Your” or “Yours” are used they refer to a retail user of the App.

 

2.         About our Terms of Use

2.1 These Terms of Use explain how you may use our App on Your Device.  We provide the App free of charge to a Party Leader where a Visit is made to Premises.

2.2.You should read these Terms of Use before using the App on Your Device for the first time.

2.3 By accessing or using the App (or otherwise indicating your consent), You agree to be bound by these Terms of Use and Privacy Policy.  

2.4 If you do not agree with or accept any of these Terms of Use, You should stop using the App immediately.

 

3.         Using the Site

3.1 The App is for the personal and non-commercial use of the Party only. 

3.2 The Party Leader on behalf of the Party agrees that (s)he is solely responsible for

all costs and expenses incurred in relation to Your use of the App.

3.3 The App is intended for use only by those who can access it from within the UK. 

3.4 We seek to make the App as accessible as possible. If You have any difficulties using the App, please contact Us via Our website www.covidcheckin.co.uk.

3.5 We may prevent or suspend Your access to the App if You do not comply with all or any of these Terms of Use, Our Privacy Policy or any applicable law.

 

4.         Your privacy and personal information

4.1 Your privacy and personal information are important to Us. Any personal information that You provide to Us will be dealt with in line with Our Privacy Policy.  This explains:

  • what personal information We collect from You, 

  • how and why We collect, store, use or share such information, 

  • Your rights in relation to Your personal information, and

  • how to contact Us or the Information Commissioner’s Office in the event You have a query or complaint about the use of Your personal information.

4.2 You agree that by using the App that We can use the information provided by the Party Leader relating to the Party for Compliance either by Us or the business which is carried on at the Premises.

4.3 Our Privacy Policy can be found by clicking here.

 

5.         Ownership, use and intellectual property rights 

5.1 The App and the Developer’s Intellectual Property in it (including any Content) are owned by Us.  We and any business that we grant a licence to use Our App reserve all of Our and Their rights in any intellectual property in connection with these Terms of Use. This means that We and They remain the owners of those intellectual property rights and remain free to use or licence them as We or They see fit.

5.2 Nothing in these Terms of Use grants you any legal rights in the App other than as necessary to enable you to access or use the App. You agree not to adjust, to try to circumvent or delete any notices contained on the App (including any intellectual property notices) and any digital rights or other security technology embedded or contained within the App.

5.3 The Covid Check-In brand is Our trademark.  This is the case whether it appears in stylised or written form.  On the App You may see other trademarks or trade names which belong to the owner of the business carried on at the Premises.  The use by You of any trademarks on the App is strictly prohibited unless You have Our prior written permission.

 

6.         Software 

6.1 Software may be made available for You to download in order to help the App work better. You may only use such software if You agree to be bound by the terms and conditions that apply to such software.  You will be made aware of any terms and conditions that apply to such software when You try to download it.  If You do not accept such terms and conditions, You will not be allowed to download the software. You should read any terms and conditions to protect Your own interests.  

6.2 All such software is solely for Your personal use in a non-commercial manner.

6.3 Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms of Use) is expressly prohibited and may result in civil and criminal penalties.

 

7.         Submitting information to the Site 

7.1 While we try to make sure that the App is secure, We cannot guarantee the security of any information that You supply to Us and We cannot guarantee that it will be kept confidential. For that reason, You should not send us any Unwanted Submissions using the App. 

7.2 We may use any Unwanted Submissions as We see reasonably fit on a free-of-charge basis. We will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to You or anyone else for any use of such Unwanted Submissions.

 

8.         Accuracy of information and availability of the Site 

8.1 While We try to make sure that the App is accurate, up-to-date and free from bugs, We cannot promise that it will be.  We cannot promise that the App will be fit or suitable for any purpose. Any reliance that You may place on information on the App is at your own risk.

8.2 We may suspend or terminate operation of the App at any time as We see fit.

8.3 Content on the App is provided for general information purposes only and to inform You about Us and Our or Their products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

8.4 While we try to make sure that the App is available for Your use, We do not promise that the App is available at all times nor do We promise the uninterrupted use by You of the App.

 

9.         Hyperlinks and third party sites 

The App may contain hyperlinks or references to websites operated by other organisations.  Any such hyperlinks or references are provided for Your convenience. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that We endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

 

10.      Limitation on our liability 

10.1 Where a Party Leader has, whether by mistake or otherwise, entered data relating to the Party following a Visit to Premises, neither We nor They have any responsibility to any members of the Party in the event that the business carried on at the Premises is unable to contact any member of the Party where it needs to conduct contact tracing in relation to Covid-19 for Compliance.

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

  • losses that:

    • were not foreseeable to you and us when these Terms were formed, or

    • were not caused by any breach on our part,

  • business losses, and

  • losses to non-consumers.

 

11.      Events beyond our control 

We shall have no liability to You for any breach of these Terms of Use caused by any event or circumstance beyond Our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

 

12.      Rights of third parties

No one other than a party to these Terms of Use has any right to enforce them. 

 

13.      Variation 

These Terms of Use were produced in July 2020.  No changes to these Terms of Use are valid or have any effect unless agreed by Us in writing or made in accordance with this condition.  We reserve the right to vary these Terms of Use from time to time. Our updated Terms of Use will be displayed on the App and by continuing to use and access the App following such changes, You agree to be bound by any variation made by Us. 

 

14.      Disputes 

14.1 We will try to resolve any disputes with You quickly and efficiently.

14.2 If you are unhappy with the service We provide You on the App, please contact us as soon as possible.

14.3 If you and we cannot resolve a dispute using our complaint handling procedure, we will let you know that we cannot settle Your dispute with Us.  

14.4 If you want to take court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to these Terms of Use.

13.5 These Terms of Use are governed by English law. 

© 2020 Ginspiration Limited, R71-75 Shelton Street, London, WC2H 9JQ