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Please read carefully before downloading the app
This end-user license agreement (EULA) is a legal agreement between you (End-user or you) and UNIQUEDOC Limited (Licensor, us or we). We are a company registered in England and Wales under company number 06949996 and with our registered office at Fourth Floor, 33 Cavendish Square, London, W1G 0PW. Our VAT number is 174298771. This EULA is an agreement for the UNIQUEDOC mobile and/or web application software and the data supplied with the software (App).
We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by the appstore provider from whose site (located at www.apple.com/itunes (Appstore) you may have downloaded the App (Appstore Rules).
We do not sell the App to you. We remain the owners of the App at all times.
Operating system requirements: The mobile version of this App requires iOS version 7 and above. We recommend iPhone 5 as a minimum hardware requirement for the best user experience and iPad 2 and above for the tablet version. The web App requires a PC with 2GB RAM and Windows 7 or above, or a Mac with 2GB RAM and OSX 10.6 or above. We highly recommended using Chrome version 33 and above for the best user experience.
Important notice: By downloading the App and clicking on the ‘accept’ button you agree to the terms of the license set out herein which will bind you. The terms of the license include, in particular, the privacy policy defined in condition 1.5 below and limitations on liability in condition 7 below.
If you do not agree to the terms of this license we will not license the App to you and you must stop the downloading process now.
If you are a consumer you have the right to withdraw from your transaction without charge and without any reason before downloading the App. However, you will lose the right to cancel the transaction once you begin to download the App. This does not affect your consumer rights for an app that is defective.
You should print a copy of this EULA for future reference.
AGREED TERMS
1. Acknowledgements
1.1 The terms of this EULA apply to the App and any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App, the terms of an open-source license may override some of the terms of this EULA.
1.2 We may change these terms at any time by sending you an email with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
1.3 From time to time updates to the App may be issued through our website at https://uniquedoc.com or the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
1.4 You will be assumed to have obtained permission from the owners of any mobile telephone or handheld Devices (as defined in condition 2.2 below) that are controlled but not owned by you onto which you download a copy of the App. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
1.5 The terms of our Mobile and Web App Data and Privacy Policy from time to time, available at https://uniquedoc.com/data-privacy (Privacy Policy), are incorporated into this EULA by reference. Additionally, by using the App or any Service, 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 or any Service may be read or intercepted by others, even if a particular transmission is encrypted.
1.6 The App or any Service 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 judgment regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
2. Orders, Price, Subscription Period and Cancellation Rights
2.1 When you download the App and register you will automatically be sent a registration email from us. Once you have verified your account using the link included in the registration email you will have access to the App and Services. Subscription versions of the App are available on a rolling monthly basis or for 12 months. For 12 month subscriptions you will automatically receive an email notification before your subscription expires offering you the opportunity to renew.
2.2 Subscription versions are available from https://uniquedoc.com/faqs where the price is quoted for each version.
2.3 When you place an order you will automatically be sent a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase a product or service. Your offer is only accepted by us once we have emailed you to confirm the product or service had been provided. We reserve the right to delay or refuse any order where a transaction contains incomplete information, information cannot be verified or where we suspect fraud. If we are unable to ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
2.4 If you are a consumer you have the right to withdraw from your transaction without charge and without any reason before downloading the App or applicable Service. However, you will lose the right to cancel the transaction once you begin to download the App or Service. This does not affect your consumer rights for an app that is defective.
2.5 If you are not a consumer then no right of cancellation exists.
2.6 You may cancel your subscription at any time by providing notice to us (see condition 10 below). You may cancel with effect from the end of the calendar month in which you give us notice. Refunds will not be offered except in the circumstances described in condition 7 below.
2.7 Provisions relating to faults or defects are set out in condition 7 below.
3. Grant and Scope of License
3.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive license 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.
3.2 You may download a copy of the mobile App onto any supported device and access the web App on any device including personal computers and view, use and display the App on the Devices for your personal use or internal business purposes only.
4. License Restrictions
Except as expressly set out in this EULA, or as permitted by any local law, you agree to the following License Restrictions:
a. not to copy the App except where such copying is incidental to its normal use or where it is necessary for the purpose of back-up or operational security;
b. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
c. 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;
d. 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 interoperability of the App with another software program, and provided that the information obtained by you during such activities:
is used only for the purpose of achieving inter-operability of the App with another software program;
is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
is not used to create any software that is substantially similar to the App;
e. to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
f. to include our copyright notice on all entire and partial copies you make of the App on any medium;
g. 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 without prior written consent from us; and
h. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology).
5. Acceptable Use Restrictions
5.1 You must:
a. not use the App or any Service 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, any Service or any operating system);
b. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material;
c. not, when using the App or any Service, submit or transmit any information or material that:
is unlawful, including (but not limited to) infringing any right of confidence, right of privacy, or right under any applicable data protection legislation;
is defamatory, threatening, abusive, harassing, discriminatory, offensive, pornographic or otherwise objectionable;
is untrue, false, misleading or inaccurate;
constitutes negligent advice or contains any negligent statement;
is in breach of any contractual obligation owed to any person;
consists of or contains any instruction, advice or other information which, if acted upon, could cause illness, injury or death or any other loss or damage;
is or has been the subject of any threatened or actual legal proceedings or other similar complaint (and we reserve the right to remove any such material at our sole discretion and without notice);
d. not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
e. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
5.2 We take any posting of abusive or offensive content seriously. Reporting offensive or abusive behaviour/material is encouraged to maintain the integrity of UNIQUEDOC. This can be done in the App via the Feedback icon, or your Settings.
6. Intellectual Property Rights
6.1 You acknowledge that all intellectual property rights in the App 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 or the Technology other than the right to use each of them in accordance with the terms of this EULA.
6.2 You acknowledge that you have no right to have access to the App in source-code form.
6.3 In submitting or transmitting any material using the Services you grant us a transferable, sub-licensable, non-exclusive, royalty-free, worldwide, irrevocable license to use such material in connection with the App and any Service.
7. Limited Warranty [and Support]
7.1 We warrant that the App will, when properly used on an operating system for which it was designed, perform substantially in accordance with its description for a period of 30 days from the date on which the App is downloaded to the Devices (Warranty Period).
7.2 If within the Warranty Period you notify us in writing of any defect or fault in the App as a result of which it fails to perform as described above, you will be entitled to download another copy of the App or a pro rata refund of the unexpired portion of your subscription (calculated by reference to the amount you paid to download that version of the App less a reasonable administrative fee). You will not be entitled to a refund if we are unable to replicate the defect or fault or if (in our reasonable opinion) the issue is caused by user error or user equipment. In the case of defective Services we reserve the right to offer an additional free period of Service instead of any refund. Where a refund is paid you will not be permitted to re-register for the App (including the free version of the App).
7.3 The warranty does not apply:
a. if the defect or fault in the App or any Service results from you having amended the App;
b. if the defect or fault in the App results from you having used the App in contravention of the terms of this EULA; or
c. if you breach any of the License Restrictions or the Acceptable Use Restrictions.
7.4 This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.5 Support for the App is available by email at support@uniquedoc.com
8. Limitation of Liability
8.1 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 meet your requirements.
8.2 We only supply the App for domestic and private use and for internal business purposes. You agree not to use the App for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3 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 8.4. 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 it was contemplated by you and us at the time we granted you the EULA.
8.4 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the total amounts you have paid for the App including any updates or supplements. This does not apply to the types of loss set out in condition 8.5.
8.5 Nothing in this EULA shall limit or exclude our liability for:
a. death or personal injury resulting from our negligence;
b. fraud or fraudulent misrepresentation; and
c. any other liability that cannot be excluded or limited by English law.
9. Termination
9.1 We may terminate this EULA immediately by written notice to you:
a. if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
b. if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; or
c. if you breach any part of the Mobile and Web App Data and Privacy Policy.
9.2 On termination for any reason:
a. all rights granted to you under this EULA shall cease;
b. you must immediately cease all activities authorized by this EULA, including your use of any Services; and
c. you must immediately delete or remove the App from all Devices and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.
10. Communication Between Us
10.1 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 e-mail or by prepaid post to UNIQUEDOC Limited, WeWork, Spitalfields, 1 Primrose Street, London, EC2A 2EX, or info@uniquedoc.com We will confirm receipt of this by contacting you in writing, normally by e-mail.
10.2 If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your request for the App.
11. Events Outside Our Control
11.1 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 e-mail or by prepaid post to UNIQUEDOC Limited, WeWork, Spitalfields, 1 Primrose Street, London, EC2A 2EX or info@uniquedoc.com We will confirm receipt of this by contacting you in writing, normally by e-mail.
11.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
a. our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
b. we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
12. Other Important Terms
12.1 We may transfer our rights and obligations under this EULA to another organization, but this will not affect your rights or our obligations under this EULA.
12.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
12.3 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 do 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.
12.4 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.
12.5 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 exclusive jurisdiction.