Halspan Tracker Terms of Use

Please Read the Terms of this Policy Carefully Before Using the Services

These terms

Welcome to the Halspan Tracker App (“App”). This App is operated by Halspan Limited (“Halspan”, “we“, “us” or “our”). We are registered in Scotland under company number SC194458 and have our registered office at South Lodge, Muirhouses, Bo’Ness, West Lothian, EH51 9SS. To contact us, please email info@Halspan.com. We have developed and provide the App for certain individual users to input and track data as a standalone service, or as part of our Halspan Verified quality assurance scheme (the “Services”)

This acceptable use policy sets out the standards that apply when you upload content to our App,

make contact with other users on our App, link to our App, interact with our App, or use our Services in any other way.

Who these terms apply to

These terms apply to you if you are an Authorised Contributor, Authorised Reviewer, or an employee or agent of the Company that has been authorised by the Company to access the Services.

An “Authorised Contributor” is any third party who is involved in the design, manufacture, supply, installation or inspection of an asset to which a Halspan Smart Tag is attached and is authorised by the Company to access the Services for the purpose of making Contributions (please see Content standards below for more information).

An “Authorised Reviewer” is any third party who is authorised by the Company to access the Services, only for the purpose of reviewing Contributions (please see Content standards below for more information).

When we refer to “Company” in these terms, we are referring to the company you are employed, subcontracted or otherwise engaged by, and who has authorised you to use the Services.

This App and Services are not intended for use by children.

By using our Services you accept these terms

By using our Services, you confirm that you accept the terms of this policy and that you agree to comply with them. If you do not agree to these terms, you must not use our Services.

Infringement of these terms may constitute a breach of the Company’s contract with us (please see section Breach of this policy below for more information).

We recommend that you save a copy of these terms for future reference.

Company obligations

The Company has full control over who is authorised to access the Services, including whether you are an Authorised Contributor or Authorised Reviewer.

Please contact the Company directly for more details about your access. It is solely the Company’s responsibility to respond to and resolve any dispute between the Company and you on these issues. The Company may block or revoke your access to the Services at any time and in its sole discretion.

There are other terms that may apply to you

The rules and terms of the app store through which you purchased this App, e.g. Apple App Store or Google Play, will also apply. The Apple App Store or Google Play terms will apply if there are any inconsistencies or conflicts between them and these terms.

If you are an Apple user, this End-User Licence Agreement (“EULA”) will apply to you. If you are an Android User, this EULA will apply to you.

We may make changes to the terms of this policy

We amend these terms from time to time. Every time you wish to use our Services, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in December 2021.

Prohibited uses

You may not use our Services:

In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect, or create a false identity or submit inaccurate, false or misleading information.
For the purpose of harming or attempting to harm minors in any way.
To bully, insult, intimidate or humiliate any person.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
To damage, disable, overburden, impair or compromise the App.
To modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the App or any related software.
To upload terrorist content.
Cause third parties to engage in the restricted activities above.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our App or Services in contravention of the provisions of our terms or the applicable EULA.
Not to access without authority, interfere with, damage or disrupt:
- any part of our App;
- any equipment or network on which our App is stored;
- any software used in the provision of our App; or
- any equipment or network or software owned or used by any third party.
You shall not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or similar manual process, to:
- continuously and automatically search, scrape, extract, deep link or index any content from the App; or
- harvest personal information from the App.
To keep your login credentials or other access credentials secure for use of the App and not permit any third party, third party entity (or representative of such entity) to use the account which you create.
If you are an Authorised Contributor, to only make Contributions (please see Content Standards section for further information) as required and on the terms set out by the Company. The Company may change your access from Authorised Contributor to Authorised Review at their sole discretion. If you have any queries about what you may contribute, or your level of access, please contact the Company.
If you are an Authorised Reviewer, you may only review the content of the Services. You are not entitled to make any Contributions (please see Content Standards section for further information). If you have any queries about your level of access, please contact the Company.

Interactive services

We may from time to time provide interactive services via our App.

(the “interactive services”)

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our App, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our App, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

Whilst using the Services as an Authorised Contributor you may submit or make available certain content, information and data, such as company information, property information, or other files or information (“Contributions”). You are responsible for your Contributions, and you assume all risks associated with your Contributions, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure that makes you or anyone else personally identifiable. You represent and warrant that you have the necessary rights, consents, and permissions to use and authorise the use of Contributions as described in these terms. You may not imply that Contributions are in any way endorsed by Halspan.

These Content Standards apply to any and all material which Authorised Contributors contribute to our App and to any interactive services associated with it. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

A Contribution must:

Be accurate (where it states facts).
Be genuinely held (where it states opinions).
Comply with the applicable law, regulation or guidance in the country to which the Contribution relates, and in any country from which it is posted, including without limitation any law, regulation or guidance relating to building standards, and fire safety. You are solely responsible for compliance with any applicable law, regulation or guidance relating to your use of the App, Services or Contributions.

A Contribution must not:

Be defamatory of any person.
Be obscene, offensive, hateful or inflammatory.
Bully, insult, intimidate or humiliate.
Promote explicit material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any intellectual property right of any other person.
Be likely to deceive any person.
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal content or activity.
Be in contempt of court.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person.
Give the impression that the Contribution emanates from Halspan.
Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
Contain any advertising or promote any services or web links to other apps.

We are not responsible or liable to you or any third-party for the content or accuracy of any Contributions. We may reject or remove Contributions (such as Contributions that violate these Terms or applicable law), but we have no obligation to do so.

Whilst we have taken reasonable security measures, and regularly back up the data on the App, we recommend that you retain copies or records of any Contributions or other content you provide or upload in relation to the Services.

If you believe a Contribution infringes your intellectual property rights, please contact us at info@Halspan.com.

Personal data in Contributions

As between Halspan and the Company, the Company is the data controller of any of your personal data embedded in any Contributions. We are the data processor of such personal data and we only handle or process this data as instructed by the Company. We are, however, the data controller of your contact information, and login credentials, and you can find out more about how we handle your data in our Privacy Policy.

We strongly encourage you to review the privacy notices and policies of the Company also.

Rights in the App and Contributions

We own or validly license all intellectual property rights in the App. Except to the extent set out in these terms, or otherwise agreed in writing with you, you are not permitted to use such intellectual property rights.

We are entitled to use your Contributions in relation to the services provided to the Company, and we are entitled to use any Contributions for the purposes of research; analysis; developing and improving our services; and complying with any rules, regulations or laws relating to the services provided to the Company.

Breach of this policy

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we or the Company deems appropriate.

Failure to comply with this acceptable use policy may constitute a breach of the Company’s contract with us, and may result in the following action:

Immediate, temporary or permanent withdrawal of your right to use our Services; or
Immediate, temporary or permanent removal of any Contribution uploaded by you to our App.

How this contract can be transferred

We can transfer our rights and obligations under these terms to any third party, provided this does

not adversely affect your rights under these terms.

Disclaimer and liability

We do not exclude or limit in any way our liability for:

death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation; or
any other loss which cannot be excluded by law.

Otherwise, your use of the Services and App is entirely at your own risk and, to the fullest extent permitted by law, we shall not have any liability in relation to any loss, claim or damage arising from or related to the use of the Services and App.

The Services made available on the App are provided on an ‘as is’ and ‘as available’ basis and to the extent permitted by law, without warranties of any kind. In particular, we make no warranty that such services will meet your requirements or expectations or that it will be error free.

Waiver and validity

If we choose to waive any particular right which we have under these terms on any particular occasion this does not prevent us from exercising that right on another occasion.
If any part of these terms is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of these terms.

Which country’s laws apply to any disputes?

If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by Scots law. You and we both agree that the courts of Scotland will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England and Wales, you may also bring proceedings in England or Wales.

If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Scots law. We both agree to the exclusive jurisdiction of the courts of Scotland.