Terms & Conditions of Service
Newpark Security Ltd of C/O David Lyttle + Co Ltd, 46 Molesworth Street, Cookstown, County Tyrone, United Kingdom, BT80 8PA (We), a private limited company registered in Northern Ireland under company number NI061344, license you to use:
- Trust version 2.0 (iOS) and above and Trust version 2.0 and above (Android) mobile application software (App) and any updates or supplements to it; and
- the service you connect to via the App and the content we provide to you through it (Service),
as permitted in these terms.
1. Your privacy
1.2 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.
1.3 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.
2. Other terms also apply
3. Operating system requirements
3.1 This app requires either:
3.1.1 an iPhone device with a minimum of 100MB of memory and the iOS operating system version 12.0 or above; or
3.1.2 an Android device with a minimum of 70MB of memory and the Android operating system version 6.0 or above.
4. Support for the App
4.1 If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.trustglobal.io.
4.2 If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email us at email@example.com.
4.3 If we have to contact you we will do so by email, SMS or by app message using the contact details you have provided to us.
5. Use of the App
5.1 In return for your agreeing to comply with these terms you may:
5.1.1 download or stream a copy of the App onto your mobile telephone or device and view, use and display the App and the Service on such devices for your personal purposes only;
5.1.2 provided you comply with clause 11, make up to 1 copy of the App for back-up purposes; and
5.1.3 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.
5.2 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 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) meet your requirements.
6.1 The App and the Services are directed to people residing in the United Kingdom. We do not represent that the Services available through the App are appropriate for use or are available in other locations.
6.2 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.
7. Important information
7.1 We remind you that use of a mobile phone or any other device whilst driving is dangerous and is, subject to certain conditions, illegal. We strongly advise you to not use the Services while operating a vehicle. We assume no liability for any losses caused by use of the Services while operating a vehicle.
8. Changes to these terms
8.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
8.2 We will give you reasonable notice of any change by notifying you of a change when you next start the App, or via email, sms or app message.
8.3 If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
9. Updates to the App
9.1 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.
9.2 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.
10. Location data
10.1 The Services 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.
10.2 You may stop us collecting such data at any time by turning off the location services settings on your device.
11. Third party links
11.1 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).
11.2 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.
12. Licence restrictions
12.1 You agree that you will:
12.1.1 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;
12.1.2 not copy the App 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;
12.1.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App 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;
12.1.4 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:
18.104.22.168 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
22.214.171.124 is not used to create any software that is substantially similar in its expression to the App;
126.96.36.199 is kept secure; and
188.8.131.52 is used only for the Permitted Objective;
12.1.5 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.
13. Acceptable use restrictions
13.1 You must:
13.1.1 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;
13.1.2 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);
13.1.3 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
13.1.4 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.
14. Intellectual property rights
14.1 All intellectual property rights in the App 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 or the Services other than the right to use them in accordance with these terms.
15. Limitation of liability
15.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our 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.
15.2 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.
15.3 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.
15.4 We are not liable for business losses. 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, loss of business opportunity or any indirect or consequential loss or damage.
16. No reliance on information
16.1 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 obtained from the App or the Service.
16.2 Without limitation to the above, and in relation to any parking which is available to purchase through the App, we are not the operators of any car park listed on the Site and therefore we are not responsible for the car parks themselves, including but not limited to their condition, accessibility and security. All parking tariffs are set by the relevant car park operator.
16.3 Although we make reasonable efforts to update the 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.
17. Termination of your rights to use the App and the Services
17.1 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.
17.2 If we end your rights to use the App and Services:
17.2.1 you must stop all activities authorised by these terms, including your use of the App and any Services;
17.2.2 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
17.2.3 we may remotely access your devices and remove the App from them and cease providing you with access to the Services.
18. Events outside our control
18.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations:
18.3.1 we will contact you as soon as reasonably possible to notify you; and
18.3.2 our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
19.1 We may transfer our rights and obligations under these Terms or any Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 These Terms and the terms of any Contract are between you and us. No other person shall have any rights to enforce any of the terms herein.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20. Applicable law
20.1 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.