Terms of use - Sitecam app

BEFORE INSTALLATION OF THIS APP, PLEASE INDICATE YOUR CONSENT TO OUR PROCESSING OF YOUR PERSONAL DATA (INCLUDING YOUR NAME, CONTACT DETAILS, AND DEVICE INFORMATION) AS DESCRIBED IN THE POLICY - https://www.labc.co.uk/about-labc/privacy-policy.

BEFORE SUBMITTING TO REGISTER YOU MUST AGREE TO OUR TERMS BY CLICKING ON THE "ACCEPT" BUTTON BELOW WHERBY YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

ANY UPDATES TO THESE TERMS WILL BE NOTIFIED TO YOU BY TEXT MESSAGE TO THE MOBILE TELEPHONE NUMBER YOU PROVIDE TO US AT REGISTRATION. YOU WILL NEED TO AGREE TO ANY UPDATES TO THESE TERMS TO CONTINUE TO USE THE APP.

IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW. YOU WILL NOT BE ABLE TO CONTINUE TO REGISTER AND USE THE APP.

Who we are and what this agreement does

We are District Surveyors Association Limited (trading as “Local Authority Building Control” or “LABC”) of 2a St. George Wharf, London, England, SW8 2LE (“LABC”) and we license you, to use

LABC SITE CAM version 1.0 mobile application software (App) and any updates or supplements to it.
The related online or electronic documentation, including, but not limited to, any media files uploaded via the App (=).
The service you connect to via the App and the content we provide to you through it (Service).

as permitted in these terms.

The purpose of the app

LABC wishes to make the App available, subject to the prior approval of your registration with LABC, to local authority building control staff, builders, developers, or to such individuals, groups or bodies for the purpose of verification of site compliance, ongoing learning and development or ongoing validation of competency (Purpose).

Your privacy

We may collect, use, store and transfer different kinds of personal data about you, including identity data, contact data (of approved and non-approved users), device data and location data to enable video calls to be made. - https://www.labc.co.uk/about-labc/privacy-policy<

We only use any personal data we collect through your use of the App to ensure there is an approved user on every call.

How you can withdraw consent

Once you provide consent by selecting "ACCEPT", you may change your mind and withdraw consent at any time by either selecting the ‘delete option’ within the App (this will delete all your details and any associated video content stored in the CMS) or by contacting us at SiteCam@labc.co.uk but that will not affect the lawfulness of any processing carried out before you withdraw your consent.

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.

App Store’s terms also apply (when using an Apple device):

The way in which you use the App and Documentation may also be controlled by the App Store’s rules and policies – see https://www.apple.com/legal/internet-services/itunes/dev/stdeula/ for details. The App Store rules and policies will apply instead of these terms and conditions where there are differences between the two.

Play Store's terms also apply (when using an Android device):

The way in which you use the App and Documentation may also be controlled by the Play Store’s rules and policies – see https://policies.google.com/privacy for details. The App Store rules and policies will apply instead of these terms and conditions where there are differences between the two.

App requirements:

A smart mobile device

Android device: minimum version 5 (subject to change)

Apple device: minimum iOS base 13 (subject to change)

Minimum memory requirement

Android: 38MB

Apple: 20MB

(subject to change depending on device, new release/updates)

Operating system:

Android Operating System; iOS Operating System

Other requirements:

The App requires internet, a mobile phone number and email address

The App requires the following permissions

Microphone

Contacts

Camera

Location

Consents to use of the APP

You agree that:-

you will grant us access to the camera on your device for use with the APP.
you will grant us access to the contacts on your device for use with the APP.
you will use your best endeavours to ensure that you, or any other individual, officer, employees, advisers, subcontractors and contractors acting on your behalf via the App (User), do not have any other people present or allow any personal information to be included on the video to be uploaded to the App.
you will provide accurate images on the property via the App and confirm that all such images accurately represent the named property.

Support for the App and how to tell us about problems

Support. If you want to learn more about the App or the Service or have any problems using them please contact us.

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at – SiteCam@labc.co.uk

How we will communicate with you. If we have to contact you we will do so by email, or by SMS, using the contact details you have provided to us at registration.

How you may use the App, including how many devices you may use it on

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

download and login/logout to their account across multiple mobile devices without restrictions>
use any documentation to support your permitted use of the App and Service>
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.

You must be 18 to accept these terms*

You must be 18 or over to accept these terms and download the App.*

*Anyone under the age of 18 must contact LABC at SiteCam@labc.co.uk, App in order for the necessary checks to be made, prior to registration.

You may not transfer the App to someone else

We are giving you personally the right to use the App and 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.

Changes to these terms

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

You will receive notifications when the terms and conditions change. You will be blocked from continuing to use the App until you opt-in to the latest terms and conditions. A pop up will be made available for you to view the latest terms and conditions

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

Update to the App and changes to the Service

From time to time we may automatically update the App and change the Service 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.

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.

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.

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 collect location data (but you can turn location services off)

Certain Services, including the location of the property from where the video image is sent to LABC via 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 services settings for the App on the device. However, this may result in any Documentation uploaded via the App being void. The User will not then be able to use the App to send the Documentation to LABC. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based services.

You may stop us collecting such data at any time by turning off the location services settings on the device on which you installed the App.

Licence restrictions

You agree that you will:

not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
not copy the App, Documentation 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, Documentation 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 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 (Permitted Objective), and provided that the information obtained by you during such activities:

is not disclosed or communicated without the Licensor's 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
is not used to create any software that is substantially similar in its expression to the App;
is kept secure; and
is used only for the Permitted Objective

comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

Acceptable use restrictions

You must:

ensure that you do not use the App or any Service 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, any Service or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
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
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.

Intellectual property rights

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us 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 Documentation or the Services other than the right to use them in accordance with these terms.

Our responsibility for loss or damage suffered by you

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.

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.

Total liability. Our total liability to the you shall not exceed £250.00.

We are not liable for business losses. The App is for use for the Purpose only. If you use the App for any other purpose for any other 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.

Limitations to the App and the Services. The App and the Services are provided for use for the Purpose only.

Please back-up content and data used with the App

After a video call, the involved users will receive an email with a link to the video file. This file can be downloaded directly onto their device. LABC will hold a copy of the video file and will manage these files in accordance with its video call file retention policy. We therefore suggest that such files are also stored on your device in case required in the future

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the App store site and in the Documentation) meet your requirements for use for the Purpose.

We are not responsible for 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.

We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App and Services at any time by contacting you 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.

If we end your rights to use 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.

We may transfer this agreement 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.

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.

No rights for third parties

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.

If a court finds part of this contract illegal, the rest will continue in force

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 contract, we can still enforce it later

Even if we delay in enforcing this contract, 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.

Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.