Terms & Conditions

END USER TERMS 

  1. Who we are and this agreement

We, Nautical ID International Limited, company registered number 12601284 whose registered office is at 135 Taybridge Road, London, England, SW11 5PY, under this agreement license you to use:

  • The ability to use the service provided through the App whereby you can scan a Nautical ID branded QR Code (Valid QR Code) presented on a Boat on the App to obtain the Registered Information (Service);
  • The details provided in relation to the Boat and Boat Owners as made available on the Register and provided through the Service (Register Information);

as permitted in these terms.

  1. Privacy

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 in [LINK TO PRIVACY NOTICE] and it is important that you read that information.

  1. Other terms

The App is made available for download on the following app stores [INSERT NAMES] (App Stores), as updated form time to time.

The ways in which you can use the App, Service and Register Information may also be controlled by the App Store’s rules and policies. In the event of a conflict between these terms and the rules and policies of the App Store’s, the App Store’s rule and policies will apply.

 

  1. Operating system requirements

This app requires a [TYPE OF MOBILE TELEPHONE OR HANDHELD DEVICE] device with a minimum of [AMOUNT OF MEMORY] of memory and the [TYPE OF OPERATING SYSTEM] operating system [VERSION OF OPERATING SYSTEM] (Operating System).

If you do not have the required Operating System, the App may not function or be available.

 

  1. Support

If you think the App, the Services or the Register Information is faulty, inaccurate or mis-described or wish to contact us for any other reason please email our customer service team at [EMAIL ADDRESS] or call them on [TELEPHONE NUMBER].

 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. Use of the App

In return for your agreeing to comply with these terms you may:

  • download or stream a copy of the App onto [NUMBER AND DESCRIPTION OF MOBILE TELEPHONE OR HANDHELD DEVICES ONTO WHICH APP MAY BE DOWNLOADED OR STREAMED] and view, use and display the App and the Service on such devices for your personal purposes only;
  • 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. Requirements

To accept these terms and use the App and Service you must be an individual age 18 or over.

 

We are giving you personally the right to use the App and the Service. You may not otherwise transfer the App or the Service 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

We may need to change these terms from time to time to reflect changes in law or best practice or to deal with additional features which we introduce or otherwise.

 

Where possible, we will give you at least 30 days notice of any change notifying you of a change when you next start the App.

 

If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.

 

  1. Update to the App and changes to the Service

From time to time we may at our discretion automatically update the App and change the Service to improve performance, enhance functionality or address security issues. Alternatively we may ask you to update the App for these reasons.

 

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 Services.

 

  1. 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.

 

  1. We may collect technical data about your device

By using the App or any of the Services, 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 our products and to provide any Services to you.

 

We may also use cookies in relation to your use of the Service and App. For more information around the cookies we use please see our Cookies Policy [LINK TO COOKIES POLICY].

 

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

The App or any 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).

 

  1. Licence restrictions

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App, Register Information or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App, Register Information or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Register Information or Services nor permit the App or the Services 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 Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services.
  1. Acceptable use

 

You must not:

  • use the App or any Service in an unlawful manner 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 Service;
  • infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service or any Register Information;
  • 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;
  • use the Register Information for direct marketing or commercial purposes;
  • 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.

You must only use the App, Service and Register Information for personal and domestic use.

 

  1. Contact

If you wish to contact a Boat Owner but the Boat Owner(s) contact details are not available on the Register you should email your contact request to [insert email address].

 

  1. Intellectual property rights

All intellectual property rights in the App, the Register Information and the Services throughout the world belong to us (or so far as we are aware our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Register Information or the Services other than the right to use them in accordance with these terms.

 

For the avoidance of doubt no licence is granted to you in relation to the Register Information. Whilst you can use the Register Information for personal use, you cannot reproduce the Register Information nor share such information with third parties. Where you breach this obligation you agree to indemnify us for any loss we may suffer as a result.

 

  1. Liability

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.

 

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 up to a cap of [£xxx]. 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.

 

The App is for domestic and private use. 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 or any indirect loss.

 

Subject to where we cannot limit our liability because it would be unlawful to do so, our total liability to you under this agreement is limited to [£xxxx].

 

  1. Limitations to the App, the Services and the Register Information

 

The App and Services are provided on an as is basis. We make no warranty that the content contained on the App (including Register Information) is true, accurate or up to date. We do not verify the accuracy or truth of any information published on the Register.

 

We cannot guarantee that the App will be available at all times.

 

The App and the Services are provided for general information purposes only. They 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 (including Register Information) obtained from the App or the Service. Although we make reasonable efforts to update the Register Information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

 

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.

 

The Register will only include access to the Register Information of Boats and Boat Owners who have an active registration at the time you use the Services. Please be aware that some QR Codes you access may cease to be Valid QR Codes and as a consequence you will not be able to access the Register Information of a particular Boat or the Boat Owners.

 

  1. Events outside our control

If our provision of the Services or support for the App or the Services 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 and receive a refund for any Services you have paid for but not received.

 

  1. Suspension and Termination

You may terminate your use of the App and Services by notifying us at [insert email address].

 

We may suspend your rights to use the App and Services at any time, where:

  • we consider you have breached this agreement or the App Store terms; or
  • we need to undertake maintenance (whether planned or unplanned);
  • there is a security breach or issue.

 

Where we suspend your access to the App and/or Services, we will have no liability to you for any loss you suffer as a result of such suspension.

 

We may terminate your use of the App and Services at any time, where:

  • we consider you have breached this agreement or the App Store terms; or
  • where you have not accessed the App in over [6]

 

Where we terminate your use of the App and Services:

  • You must stop all activities authorised by these terms, including your use of the App and any Services.
  • 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.
  • We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
  1. Assignment

We may transfer our rights and obligations under these terms to another organisation at any time and at our discretion. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the agreement.

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

 

  1. General

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

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.

Even if we delay in enforcing this agreement, 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 this 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.

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.