Pluzs Mobile Phone Application App Terms and Conditions
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These terms
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These are the terms and conditions on which we provide Pluzs mobile application software to you ("Pluzs App").
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Please read these terms carefully before you sign up for the Pluzs App. If you do not understand anything about the Pluzs App or Pluzs membership, please contact us first. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or you do not understand something outlined below, please contact us to discuss.
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Information about us and how to contact us
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We are UK Warranty Limited (trading as "Pluzs"), a company registered in England and Wales under company number 07728040. Our registered office is at Pacifica House, Rainton Business Park, Houghton Le Spring, Tyne and Wear DH4 5RA. Our VAT number is [insert details]. We are authorised by the FCA under registration number 785300.
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You can contact us by telephoning our customer service team at 0300 3739 160 or by email at enquiries@pluzs.com.
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How we may contact you
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If we have to contact you we will do so by telephone or by writing to you at the email address or via SMS to the mobile number you provided to us when accessing the Pluzs App and we will also send you push notifications via the App.
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When we use the words "writing" or "written" in these terms, this includes emails.
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Terms and other documentation
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These App Terms apply to you when you download and use the Pluzs App ("Subscribing", your "Subscription"). When you download, use or interact with the Pluzs App, you agree to be legally bound by these App Terms.
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By Subscribing to the Pluzs App you will become a Pluzs member, you agree to be legally bound by our general membership terms and conditions ("General Terms") which can be viewed here.
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If you download or stream the Pluzs 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.
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Each Subscription is for a single named individual only (a "User") and each User must register (or be registered) only once. On registration, each User will be allocated a user name and password ("User ID") which must only be used by the User named on registration. You are responsible for all use of the Pluzs App and Pluzs membership using any User ID issued to you and for preventing unauthorised use of any User ID.
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If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of a User ID, you must notify us immediately by emailing enquiries@pluzs.com. If we reasonably believe that any User ID is being used in any way which is not permitted by these terms and conditions, we reserve the right to suspend access rights immediately on giving notice to you in accordance with clause 14 and to block access from the User ID until the issue has been resolved.
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By Subscribing to the Pluzs App, you acknowledge and agree that you have provided us with accurate and complete registration information and that it is your responsibility to update us of any changes to that information (including your email address) by emailing enquiries@pluzs.com.
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The following additional terms and policies (collectively, "Terms and Policies") also apply to you as though set out in full in these App Terms:
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our General Terms, as linked above;
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if you sign up through our website, our Website Terms and Conditions and our Cookie Notice which can be viewed here; and
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our Privacy Policy, which explains how we collect and process your personal data which can be viewed here.
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Please read these Terms and our other Terms and Policies carefully and ensure you understand them before Subscribing. If there is a conflict between these Terms and any of our other Terms and Policies, they shall have the following order of priority:
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the General Terms;
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these App Terms; and
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our other Terms and Policies.
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Our contract with you
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You can submit an application for a Pluzs membership in accordance with the General Terms. When you apply for a Pluzs membership plan and/or Subscribe to the Pluzs App you agree to be bound by our Terms and Policies.
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We reserve the right, at our discretion, to decline any Subscription or Membership application.
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By using the Pluzs App, you agree to us collecting and using technical information about the devices you use the Pluzs App on and related software, hardware and peripherals to improve our products and to provide any services to you.
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We are continually seeking to improve the Pluzs App. We reserve the right, at our discretion, to make changes to any part of the Pluzs App provided that it does not materially reduce content or functionality.
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Location
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Certain 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. 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 so that you are able to track our engineers via the App.
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You may stop us collecting such data at any time by turning off the location services settings in the App or in your device settings.
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Eligibility
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You must meet all of the following eligibility criteria to Subscribe to the Pluzs App:
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you must be an individual of at least 18 years of age and resident in mainland Great Britain or Northern Ireland (membership is not available to island residents or business users ); and
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you must hold a valid debit or credit card in your own name if you wish to sign up for a paid membership.
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The additional eligibility criteria set out in the General Terms shall apply in regards to membership plans and premium services.
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Changes to these terms
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We may need to change these terms to reflect changes in law or best practice or to our business or to deal with additional features which we introduce. We will give reasonable notice of any change in writing by sending you an email or SMS with details of the change, or notifying you of a change within the Pluzs App itself. If you do not accept the notified changes you will not be permitted to continue to use the App.
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Providing the Pluzs App
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To the fullest extent permitted by law, and except as expressly provided in these App Terms, we exclude all liability to you for any direct or indirect loss, and for any damage or expense (including without limitation loss of opportunity, loss of earnings, loss of anticipated earnings or loss of data) howsoever arising out of your use of or inability to use the Pluzs App or any fault or problem relating to the Pluzs.
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If we fail to comply with these App Terms and we are found (notwithstanding the other provisions of this section) to be liable to you, we will only ever be responsible for loss or damage you suffer that is a foreseeable result of our breaking these App Terms or our failing to use reasonable care and skill, and we will 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.
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We recommend that you back up any content and data used in connection with the Pluzs App, to protect yourself in case of problems with the Pluzs App. We will not be liable for the consequences should you fail to do so.
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Acceptable use restrictions
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You must not:
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use the Pluzs App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these App Terms, or act fraudulently or
maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Pluzs App or any operating system;
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infringe our intellectual property rights or those of any third party in relation to your use of the Pluzs App, including by the submission of any infringing material (to the extent that such use is not licensed by these terms);
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transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Pluzs App;
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use the Pluzs App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
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collect or harvest any information or data from the Pluzs App.
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If you breach the terms in this clause 10 or we have reasonable belief that you have done so, we reserve the right to immediately remove any offending content and/or permanently suspend your Membership and any access to the Pluzs App.
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Intellectual property rights:
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All intellectual property rights in the Pluzs App and Pluzs brand throughout the world belong to us (or our licensors). You have no intellectual property rights in, or to, the Pluzs App other than the right to use them in accordance with these terms.
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Our responsibilities
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Although we aim to offer you the best App reasonably possible, we make no promise that the Pluzs App will meet your requirements. We cannot guarantee that the Pluzs App will be fault or virus free or continuously available. Your access to the Pluzs App may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities, functions or services. We will try to restore the Pluzs App as soon as we reasonably can.
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The Pluzs App is provided to you free-of-charge and (to the fullest extent permitted by law) on an 'AS IS' basis. Accordingly to the maximum extent permitted by law, and except as expressly provided in these App Terms, we provide you with the Pluzs App on the basis that we exclude all representations, warranties, conditions and other terms which but for these App Terms might have effect between us.
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If our provision of the Pluzs App is delayed or disrupted by an event outside our control then we will take reasonable steps to minimise the effect of the delay or disruption. Provided we do this we will not be liable for delays or disruption caused by the event.
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Notwithstanding the preceding provisions of this section or any other provisions contained in these App Terms, nothing in these App Terms of use shall exclude or limit our liability for death or personal injury due to our negligence or for fraudulent misrepresentation or for any other liability which cannot be excluded or limited under applicable law. Your statutory rights as a consumer are not affected by these Terms.
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Your right to cancel
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Your right to cancel your Pluzs Membership is set out in the General Terms. Where you cancel your Pluzs Membership your access to the Pluzs App will be suspended.
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If either party ends your membership, we have right to terminate your access rights to the Pluzs App. You may delete the Pluzs App at any time and/or delete your registered profile but your Pluzs Membership will continue unless terminated in accordance with the General Terms. Where you have a Pluzs Membership the General Terms will continue to apply whether you have a Subscription or not.
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Our right to cancel
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If you breach these App Terms or any other Terms and Policies, we can terminate your membership plan and terminate your access to the Pluzs App.
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If what you have done can be put right we will give you a reasonable opportunity to do so.
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If we end your rights to use the Pluzs App, you must:
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stop all activities authorised by these Terms, including your use of the App; and
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delete or remove the Pluzs App from all devices in your possession and immediately destroy all copies of the Pluzs App which you have and confirm to us that you have done this.
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We reserve the right to cease providing a Pluzs membership provided through the Pluzs App (or any part of it) at any time by giving notice to you in accordance with the General Terms.
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Third parties
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This agreement does not give rise to any rights in favour of any third party, under the Contracts (Rights of Third Parties) Act 1999 or any equivalent laws or legislation in force in any applicable jurisdiction, to enforce any term of this agreement.
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If a court finds part of this contract illegal, the rest will continue in force
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Each of the paragraphs of these App 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.
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Which laws apply to this contract and where you may bring legal proceedings
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These terms are governed by English law and the Courts of England shall have non- exclusive jurisdiction to settle any dispute or controversy arising out of these Terms or the agreement create by them.
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