Stork iLink end user licence agreement

This end-user licence agreement (EULA) is a legal agreement between you (“End-user” or “you”) and Stork Technical Services (RBG) Limited, Norfolk House, Pitmedden Road, Dyce, AB21 0DP (“Licensor”, “us” or “we”) for:

-   STORK ILINK APP V.1 mobile application software (the “App”)

We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by the Google Play Store from whose site, located at https://play.google.com/store/apps/ and Apple App Store from whose site, located at https://www.apple.com/uk/ios/app-store/ (“Appstore”), the End-user downloaded the App (“Appstore Rules”). We do not sell the App to you. We remain the owners of the App at all times.

This App requires an Android or IOS enabled device with a minimum of 1 GB of memory, internet access and the Android operating system version 5.0 or above or IOS operating system version 8 or above.

Important notice:

• By downloading the App and clicking on the "Complete" button to register, you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, limitations on liability in condition 7.
• If you do not agree to the terms of this licence, we will not license the App to you.

You are advised to print a copy of this EULA for future reference.

1. ACKNOWLEDGEMENTS

1.1   The terms of this EULA apply to the App or any of the services accessible through the App (“Services”), including any updates or supplements to the App or any Service.

1.2   We may change these terms at any time by notifying you on the App home screen. You will be deemed to have accepted any change in terms if you continue to use the App after receiving any such notification.

1.3   From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed 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 the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2 (“Devices”) and to download a copy of the App onto the Devices. 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   By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.

1.6   Certain Services may make use of location data sent from 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 these Services, you consent to our collection, retention, maintenance, processing and use of your location data to provide and improve location-based and road traffic-based products and services.

1.7   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 judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

1.8   Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

2. GRANT AND SCOPE OF LICENCE

2.1   In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.

2.2   You may download a copy of the App onto an Android or IOS enabled device and view, use and display the App on the Devices for your personal purposes only.

3. LICENCE RESTRICTIONS

Except as expressly set out in this EULA or as permitted by any local law, you agree:

3.1   not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

3.2   not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

3.3   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;

3.4   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 inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

3.5   is used only for the purpose of achieving inter-operability of the App with another software program;

3.6   is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

3.7   is not used to create any software that is substantially similar to the App;

3.8   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;

3.9   to include our copyright notice on all entire and partial copies you make of the App on any medium;

3.10   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

3.11   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”), together Licence Restrictions.

4. ACCEPTABLE USE RESTRICTIONS

You must:

4.1   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;

4.2   not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service(to the extent that such use is not licensed by this EULA);

4.3   not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

4.4   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

4.5   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. INTELLECTUAL PROPERTY RIGHTS

5.1   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.

5.2   You acknowledge that you have no right to have access to the App in source-code form.

6. NO WARRANTY OR SUPPORT

6.1   You expressly acknowledge and agree that use of the App and Services provided is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

6.2   To the maximum extent permitted by applicable law, the App and Services are provided "as is" and “as available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the App and Services, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the App, that the functions contained in the App or Services will meet your requirements, that the operation of the App or Services will be uninterrupted or error-free, or that defects in the App or Services will be corrected. No oral or written information or advice given by us or our authorised representative shall create a warranty.

7. LIMITATION OF LIABILITY

7.1   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 meet your requirements.

7.2   We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any direct, consequential or indirect loss or damages arising out of your use of the App including but not limited to loss and/or deferral of production, loss of product, loss of use, loss of revenue, profit or anticipated profit (if any) whether such liability arises not only in contract but also in delict or otherwise at law, in each case whether direct or indirect to the extent that these are not included in and whether or not foreseeable at the date of your agreement to this EULA.

7.3   Nothing in this EULA shall limit or exclude our liability for:

7.3.1   death or personal injury resulting from our negligence;

7.3.2   fraud or fraudulent misrepresentation; and

7.3.3   any other liability that cannot be excluded or limited by applicable law.

8. TERMINATION

8.1   We may terminate this EULA immediately by written notice to you:

8.2   if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within fourteen (14) days after the service of written notice requiring you to do so;

8.3   if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and

8.4   on thirty (30) days’ notice.

8.5   On termination for any reason:

8.6   all rights granted to you under this EULA shall cease;

8.7   you must immediately cease all activities authorised by this EULA;

8.8   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.

9. COMMUNICATION BETWEEN US

9.1   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 at ilinkhelp@stork.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.

9.2   If we have to contact you or give you notice in writing otherwise than as described herein, we will do so by e-mail to the email address you provide to us in your request for the App.

10. EVENTS OUTSIDE OUR CONTROL

10.1   We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (an “Event Outside Our Control”).

10.2   If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:

10.3   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

10.4   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.

11. PRIVACY

11.1   Under data protection legislation, we are required to provide you with certain information about 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 at https://www.stork.com/en/stork-technical-services-rbg-limited-privacy-notice and it is important that you read that information.

11.2   Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

12. OTHER IMPORTANT TERMS

12.1   We may transfer our rights and obligations under this EULA to another organisation, 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 Scots law. You and we both agree to submit to the non-exclusive jurisdiction of the courts of Scotland.

12.6   You and we both confirm that no condition of this EULA is enforceable under the Contracts (Third Party Rights) (Scotland) Act 2017 by a person who is not a party to this EULA.