SmarTech Mobile App End User License Agreement (EU)

These are the terms of licence that apply to this application (and any update/upgrade to it) that we make available for download, either from our website www.rexeleurope.com/smartech (Site) or from any third party application store (App) and can only be used in conjunction with our auto feed shredder (Product).

These terms also apply to any of the services accessible through the App, unless separate or additional terms apply, in which case they will be displayed on-screen or accessible via a link. Use of your personal information submitted to or via the App is governed by our Privacy and Cookies Policy

The App is provided by or on behalf of ACCO UK Limited (we, us and our). We are a limited company, registered in England. Our registered company number is 00197754, and our registered office is at Oxford House, Oxford Road, Aylesbury, Buckinghamshire, HP21 8SZ. Our VAT registration number is GB232418979.

BY DOWNLOADING, ACCESSING AND/OR USING THE APP, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU (AND, IF RELEVANT, ANY ORGANISATION ON WHOSE BEHALF YOU ARE ACTING). IF YOU ARE ACTING ON BEHALF OF ANY ORGANISATION, YOU CONFIRM THAT YOU HAVE THE REQUISITE AUTHORITY, POWER AND RIGHT TO FULLY BIND THAT ORGANISATION. IF YOU (OR, IF RELEVANT, YOUR ORGANISATION) DO NOT AGREE TO ALL OF THESE TERMS (OR IF YOU DO NOT HAVE THE RIGHT TO BIND YOUR ORGANISATION), YOU ARE NOT PERMITTED TO ACCESS OR USE THE APP, AND YOU SHOULD NOT PROCEED FURTHER.

In these terms, unless the context otherwise requires, all further references to you (and your, etc.) means both you as an individual user and also the organisation on whose behalf you are acting (if any).

We reserve the right to change these terms from time to time by changing them on the Site and notifying you (with the updated terms being displayed on-screen or with a link to the updated terms) when you next start the App. These terms were last updated on 22 March 2017.

Access to the App

The App is intended for use only by persons who are at least 18 years of age. By using the App, you confirm to us that you meet this requirement.

The App may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant operating system for which the App was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download the App you wish to download and to access and use the downloaded App.

You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download the App to that device. You accept responsibility, in accordance with these terms, for all access to, and use of, the App by you on any device, whether or not it is owned by you.

You acknowledge that the mobile service provider for the device to which you download, or on which you access or use, the App may charge for internet access (including mobile data usage) on that device.

We may, from time to time, restrict download of the App from the Site or access to certain features, functions or content of, or services accessible through, the downloaded App to users who have registered with us. You are not obliged to register with us, but if you do not do so, you will be unable to download the App from the Site or use the applicable features, functions or content of, or access the applicable services through, the downloaded App. You must ensure that any registration details you provide are accurate.

If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) for accessing or using the App, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms or if any details you provide for the purposes of registering as a user prove to be false.

We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the App or that the App will respond at a certain speed (since this depends on a number of factors outside our control).

What you are allowed to do

You may only use the App as a business user for the internal business purposes of your organisation, in conjunction with the Product, and only in accordance with these terms (and in accordance with any applicable terms of any relevant third party service provider for the device to which you download, or on which you access or use, the App) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.

Subject to the following sections, you may retrieve and display content from the App on a computer or mobile device and store the App in electronic form incidentally in the normal course of use of your browser or mobile device. Additional terms may also apply to certain features, parts or content of the App and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in these terms, you are not allowed to:

• use the App in conjunction with any other product other than the Product;
• republish, redistribute or re-transmit the App;
• copy or store the App other than for your use as permitted by these terms and as may occur incidentally in the normal course of use of your browser or mobile device;
• store the App on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the App;
• remove or change any content of the App or attempt to circumvent security or interfere with the proper working of the App or any server on which it is hosted;
• use the App in a way that might damage our name or reputation or that of any of our affiliates;
• sell, rent, loan, lease, reverse assemble, or reverse compile the App;
• use, copy, modify, merge, or transfer copies of any portion of the App except as provided for in this agreement; or
• otherwise do anything that it is not expressly permitted by these terms.

All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of them.

To do anything with the App that is not expressly permitted by these terms, you will need a separate licence from us. Please contact us, using the Contacting us details at the end of these terms.

Third party platform providers and application stores

Certain third party platform providers with whose devices and/or operating systems the App has/have been designed to be compatible oblige us to include certain additional provisions in these terms. These are set out at the end of these terms under Additional third party terms. These provisions come from the relevant third party platform providers, not us.

Third party application stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download the App. We are not responsible for these stores or (with the exception of the App) for anything provided by them and do not guarantee that they will be continuously available.

Intellectual property rights

We license, but do not sell, to you the App you download. We remain the owner of the App at all times.

All intellectual property rights in the App and in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos), are owned by us or our licensors. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the App or any content from the App.

App features and content

You agree that downloading, accessing and use of the App, since it is made available for download free of charge, are on an 'as is' and 'as available' basis and at your sole risk.

We reserve the right to change the format and features of the App by making the updated App available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download the updated App, but we may cease to provide and/or update content to prior versions of the App and, depending on the nature of the update, in some circumstances you may not be able to continue using the App until you have downloaded the updated version.

Where the App makes content available, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and/or update content to the App, with or without notice to you, if we need to do so for security, legal or any other reasons.

Whilst we try to make sure that content made available by the App consisting of information of which we are the source is correct, you acknowledge that the App may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information made available by the App is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

Except as set out in these terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the App and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the App.

External links

The App may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

Our liability

Nothing in these terms shall limit or exclude our liability to you:

• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation;
• for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
• for any other liability that, by law, may not be limited or excluded.

Subject to this, as a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the following:

• the total fees paid by you for the App (plus any "in-App" purchases) in respect of which the liability arises; or
• if the App was made available free of charge, the sum of £10.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.

General

You may not transfer or assign any or all of your rights or obligations under these terms, unless you obtain our advance, written consent.

All notices given by you to us must be given in writing to the address set out at the end of these terms.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

These terms may not be varied except with our express written consent.

These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on these terms may be concluded in the English language only and that no public filing requirements apply.

These terms shall be governed by English law. You agree that any dispute between you and us regarding these terms or the App will only be dealt with by the English courts.

Contacting us

Please submit any questions you have about these terms or any complaint or concern in relation to the App by email to smartech@acco.com or write to us at Acco UK Limited, Oxford House, Oxford Road, Aylesbury, HP21 8SZ.

Additional terms from third party platform providers

Apple

If the App that you download, access and/or use runs on Apple’s iOS operating system:

• the App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;
• you acknowledge and agree that:
• Apple has no obligation at all to provide any support or maintenance services in relation to the App. If you have any maintenance or support questions in relation to the App, please contact us, not Apple, using the Contacting us details in these terms;
• except as otherwise expressly set out in these terms, any claims relating to the possession or use of the App are between you and us (and not between you, or anyone else, and Apple);
• in the event of any claim by a third party that your possession or use (in accordance with these terms) of the App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
• although these terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;
• you represent and warrant that:
• you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country; and
• you are not listed on any United States Government list of prohibited or restricted parties; and
• if the App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content.