This page (together with the documents referred to on it) sets out the terms on which you may make use of our Sunbelt Augmented reality Application ("AR App) as a registered user. Please read these terms of use carefully before you use our AR App By using our AR App, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, you must stop using our AR App immediately.
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, EITHER IMMEDIATELY STOP USING AND CLOSE THE APP OR CLICK ON THE "REJECT" BUTTON.
Who we are and what this agreement does
We SUNBELT RENTALS LIMITED of 100 Cheapside, London, England, EC2V 6DT license you to use, on a non-exclusive basis:
[“AR”] and any updates or supplements to it (App);
any related electronic documentation (Documentation); and
the service you connect to via the App and the content, data and designs we provide to you through it (Service);
as permitted in these terms.
Your privacy
Your privacy, and the protection of your personal information is really to us, so rather than using these terms to talk about how we process your personal information, you can find out everything you might want to know by reading our Privacy Notice, available at www.sunbeltrentals.co.uk/privacy-policy/.
A Privacy Notice is our way of communicating who we are, how we process your personal information, for what purposes, and your rights in relation to your personal information and how to exercise them. We think it is important for you to know information, and we also have a legal obligation to provide it.
App Store's terms also apply
The ways in which you can use the App and Documentation may also be controlled by App Store’s rules and policies provided at www.apple.com/uk/legal/internet-services/itunes/uk/terms.html.
Operating system requirements
The App requires either an Apple iPhone running iOS 12 or later OR an Android compatible device running Android 7.0 or later device with a minimum of 2GB of.
Support for the App and how to tell us about problems
Support. If you want to learn more about the App or Service or have any problems using them, please take a look at our support resources contained in the App.
Contacting us (including with sales enquiries). If you think the App or Services are faulty or misdescribed or wish to contact us for any other reason, please contact our customer service team using the Contact Us section of the App.
How we will communicate with you. If we have to contact you, we will do so by email or text, or through the App, using the contact details you have provided to us, from time to time.
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 or stream a copy of the App onto a personal or business mobile device running iOS 12 or later or Android OS 7.0 or later [NG1] and view, use and display the App and Service on such devices, for information purposes only;
use any Documentation to support and enhance your permitted use of the App and Service; and
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 and buy the app
You must be 18 or over to accept these terms and use the App.
You may not transfer the App to someone else
We are giving you personally the right to use the App and Service. You may not otherwise transfer the App or 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 as soon as reasonably practical.
Changes to these terms
We may need to change these terms to reflect changes in law, best practice or to deal with additional features which we introduce from time to time.
We will use reasonable efforts to give you notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App; provided you acknowledge that, in some circumstances, we may make changes to App and any Services, at any time, without notice.
If you do not accept any changes, you will not be permitted to continue to use the App and Service, and must immediately stop using the App.
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.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
Changes to the App content and designs
Individual manufacturers reserve the right to change their content, data, information, illustrations, specifications, designs and descriptions from that which is contained on the App, at any time, without notice to you. Latest updates regarding changes or modifications to individual illustrations, specifications, designs and descriptions may be obtained by contacting the relevant manufacturer and/or through the App.
If someone else owns the phone or device you are using
If you download the App onto any phone or other device not owned by you, you must have the owner's express permission to do so (including your employer or client). You will be responsible for complying with these terms, whether you own the phone or other device.
We are not responsible for other websites you link to
The App or any Service may contain links to other independent and third-party 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 and/or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
Licence restrictions
You agree that you will:
not rent, lease, sub-license, loan, provide, or otherwise make available, the App or 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 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 Services on devices, as expressly 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 Services nor attempt to do any such things; except to the extent that such actions cannot be prohibited at law 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 and provided that the information obtained by you during such activities: and
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:
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 use the App or any Service to create any software that is substantially similar in its expression to the App;
ensure that you have adequate anti-virus and firewall software installed on the device that you are using to access the App or any Service;
not use any part of the content on the App or Documentation for commercial purposes without obtaining an express licence to do so from us or our licensors, and will use the content on the App or Documentation, for information purposes only;
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 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;
not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the App or any Services; this includes using (or permitting, authorising or attempting the use of):
any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the App or any data, content, information or any services accessed through the App;
any automated analytical technique aimed at analysing text and data in digital form to generate information which includes patterns, trends and correlations; 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.
Access, availability and passwords
Access to and use of the App and Documentation is free of charge and is permitted on an authorised temporary basis. Whilst every effort is made to keep the App up and running, we will not be liable if, for any reason, all or any part of the App is unavailable, at any time or for any period (including the availability of any features, databases or content).
From time to time, we may restrict access to some or all parts of the App and Services to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other information as part of our access or security procedures, you must treat such information as confidential and you must not disclose it to or share it with any third party. We have the right to disable any user identification code or password (whether chosen by you or allocated by us) and deny you access to our App or any Service at any time if in our opinion you have failed to comply these terms or for any other reason.
If you know or suspect that anyone other than you knows your user identification code or password, you must contact our customer service team using the Contact Us section of the App.
Intellectual property rights
We are the owner (or the licensee) of all intellectual property rights in the App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Therefore, all intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or 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, Documentation or Services other than the limited right to use them in accordance with these terms.
Our status (and that of any identified licensors and/or contributors) as the authors of content on our App must always be acknowledged (except where the content is user-generated).
Our responsibility for loss or damage suffered by you
We are only responsible to you for foreseeable loss and damage caused by us. If we materially fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our materially breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
To the extent permitted by law, we exclude all implied conditions, warranties, representations or other terms that may apply to the App and/or any Service.
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, or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied actually damages a device belonging to you, we will either repair the damage or pay you reasonable compensation (as we may reasonably determine). 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.
We are not liable for business losses. The App is intended for information purposes only. If you do 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, loss of revenue, loss of anticipated savings, business interruption, loss of contract, loss of information, data or software, or loss of business opportunity, or any special, consequential or indirect loss.
Limitations to the App and the Services. The App and Services are provided for general information purposes only, and do not constitute advice or price quotes on which reliance should be placed. They also do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on information obtained from the App or Service.
The App and Service may be out of date, and we make no express commitment to update such content. Although we make reasonable efforts to update the content and other information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such content is accurate, complete or up to date. We do not accept any responsibility for any loss which may result from any out of date content.
Any drawings, designs, specifications, descriptive matter or other advertising we or any manufacturers produce, and any descriptions or illustrations contained in the App, are produced for the sole purpose of giving an approximate idea of the items and products referred to in them. They will not form part of any contract between us, nor have any contractual force.
Please back-up content and data used with the App. 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.
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 Services (as described on the App Store and in the Documentation) meet your requirements.
We are not responsible for events outside our control. We do not guarantee that the App and Services, will always be available or be uninterrupted. 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.
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 immediately 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; and
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 use reasonable efforts to tell you in writing if this happens and we will look to 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 expressly agree in writing.
No rights for third parties
These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.
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 these terms, we can still enforce it later
Even if we delay in enforcing these terms, 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 these terms 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.
Alternative dispute resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. If you do, please contact our customer service team using the Contact Us section of the App.
[NG1]BUSINESS: please fill in what devices can download app on