Terms and Conditions & Terms of Use
These terms and conditions (“Terms”, “Agreement”) are an agreement between Pro Certs Software Limited (“Pro Certs Software Limited”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the Pro Certs mobile applications and any of its products or services or any other application or website owned or operated by Pro Certs Software Limited (collectively, “Mobile Application”, “Website”, “Management Web Portal”, “Application”, “App” or “Services”), reference to/of any of those terms also includes reference to all of our websites, applications and services.
Accounts and membership
You must be at least 18 years of age to use any of our mobile applications or websites. By using any of our Mobile Applications or websites and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. App purchases and in-app purchases are made directly to the app store where the purchase was made, contact the respective app store for further details regarding these purchases.
Accuracy of information
Occasionally there may be information and/or calculations in the Mobile Application or website that contains typographical errors, inaccuracies, bugs, errors or omissions that may relate to product descriptions, pricing, information, guides, availability, promotions, calculation formulas and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application or website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application or website should be taken to indicate that all information in the Mobile Application website or on any related Service has been modified or updated.
Backups
We are not responsible for Content residing in or created on the Mobile Applications or websites. In no event shall we be held liable for any loss of any Content or data or files etc.. It is your sole responsibility to maintain appropriate backup(s) of all your Content, data and files or anything else. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
Links to other mobile applications or websites
Although this Mobile Application or website may link to other mobile applications or websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application or website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications or websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application or website which you access through a link from this Mobile Application or website. Your linking to any other off-site mobile applications is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. Under no circumstances may you share your web or app log in credentials with a 3rd party. You may only log in to and use the website and/or mobile applications on one device at a time, simultaneous log-ins are not permitted, doing so may result in data loss and/or restricted access and/or forced log-outs. We reserve the right to terminate your use of the Service, Website or any related mobile application for violating any of the prohibited uses.
Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by Pro Certs Software Limited or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Pro Certs Software Limited. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Pro Certs Software Limited or Pro Certs Software Limited licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third-parties. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any Pro Certs Software Limited or third-party trademarks.
Disclaimer of warranty
You agree that your use of our Mobile Application, website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Pro Certs Software Limited, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Pro Certs Software Limited has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Pro Certs Software Limited and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Pro Certs Software Limited for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold Pro Certs Software Limited and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application, website or Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Buckinghamshire, United Kingdom without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United Kingdom. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Buckinghamshire, United Kingdom, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.
Contacting us
If you have any questions about this Agreement, please contact us.
This section was last updated on August 18th, 2023.
Disclaimer
This disclaimer (“Disclaimer”, “Agreement”) is an agreement between Pro Certs Software Limited (“Pro Certs Software Limited”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Disclaimer sets forth the general guidelines, terms and conditions of your use of the Pro Certs mobile application and any of its products or services (collectively, “Mobile Application” or “Services”).
Representation
Any views or opinions represented in this Mobile Application belong solely to the Content creators and do not represent those of people, institutions or organizations that the Pro Certs Software Limited or creators may or may not be associated with in professional or personal capacity, unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.
Content and postings
You may not modify, print or copy any part of the Mobile Application. Inclusion of any part of this Mobile Application in another work, whether in printed or electronic or another form or inclusion of any part of the Mobile Application in another mobile application by embedding, framing or otherwise without the express permission of Pro Certs Software Limited is prohibited.
Liability
Pro Certs Software Ltd accept no liability for anything including but not limited to damage or loss caused/occurred as a direct or indirect result of using any of our apps, websites or services.
We accept no liability for the loss of data, app bugs, app errors, operating system updates, incorrect data, loss of income or earnings, damage of/to property or any other loss associated with the use of any of our websites, apps and services.
All data and files created in our apps is stored only on the device it was created on, currently the app does not sync with any other device. We recommend you keep independent backup copies of all the files created and keep a independent backup copy of all your data such as notes, clients, customers, installation addresses, contractors, engineers etc….
Indemnification and warranties
While we have made every attempt to ensure that the information contained in the Mobile Application is correct, Pro Certs Software Limited is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in the Mobile Application is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied. In no event will Pro Certs Software Limited, or its partners, employees or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information in the Mobile Application or for any consequential, special or similar damages, even if advised of the possibility of such damages. Furthermore, information contained in the Mobile Application and any pages linked to and from it are subject to change at any time and without warning.
We reserve the right to modify this Disclaimer relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Disclaimer in the Mobile Application. When we do we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.
Acceptance of this disclaimer
You acknowledge that you have read this Disclaimer and agree to all its terms and conditions. By accessing the Mobile Application you agree to be bound by this Disclaimer. If you do not agree to abide by the terms of this Disclaimer, you are not authorized to use or access the Mobile Application.
Contacting us
If you have any questions about this Disclaimer, please contact us.
This section was last updated on July 12, 2019
Refund policy
Since our Mobile Application and websites offers non-tangible, irrevocable goods we do not provide refunds after the product is purchased, which you acknowledge prior to purchasing any product in the Mobile Application or website.
You may however sign up for a free fully functioning 7 day trial (Pro Certs app only) and try the service before making a purchase (when offered).
App Store Payments / In-App Purchases
All in-app purchases and app purchase payments are made directly to, and handled by the retrospective app store from which the app/in-app purchase was purchased from. We do not handle app store payments or refunds, we only receive a small commission payment from the app stores. Any refund requests must be made to the app store where the purchase was made.
Contacting us
If you have any questions about this Policy, please contact us.
This section was last updated on August 18th, 2023