Easy Connect Terms

CAREFULLY READ THE FULL TERMS AND CONDITIONS OF THIS LICENSE. BY APPLYING TO USE AND DOWNLOAD THIS APP YOU ARE CONSENTING TO BE BOUND AS THE LICENSEE USER OF THIS APP.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE OR ARE OTHERWISE BARRED FROM ENTERING INTO A BINDING AGREEMENT OR (IF APPLICABLE) YOU DO NOT HAVE THE APPROPRIATE SKILL TO USE THE APP, DO NOT ATTEMPT TO DOWNLOAD, ACCESS, USE OR CONTINUE TO USE THE APP.

1.            Parties and Acceptance of this App License

When you register and get your login details from us , we, GJB Holdings Limited [Licensor] incorporated in England and having a place of business at 21 Totman Crescent, Rayleigh, Essex, SS6 7UY(“we”, the “Licensor” or “us”) grant to “you” being the “Licensee” or “User”, a non-exclusive, non-transferable License to download/stream/access (as the case may be) and use one copy of the mobile software application (“App”) including (if applicable) any electronic instructions and associated material and support which will enable you to use the App as the Licensee under the terms and conditions of this License.

2.            Your Licensed Use of the App

(a)     This License entitles you to use one copy of the App for the Permitted Use (as defined below), on your compatible apple device being an apple smartphone (iOS ) or iPad and no other device (“Device”) upon the terms and subject to the conditions contained of this License. You must always run the latest available operating system on your Device at all times.

(b)    “Permitted Use” under this License shall mean downloading/streaming/accessing/installing and using the App on your Device for your own business use by you alone for the provision of an internal pricing tool for various Products so as to enable you to provide end-user quotes for your onward supply and fitting of those various Products on the following conditions:

1. you confirm (if applicable) that you have the appropriate skill for which this App is designed to assist;
2. you confirm that you are permitted to use the Device upon which you will use the App;
3. you confirm that you are and will be solely responsible for all third party provider terms, conditions and costs relating to your Device, mobile network provider, internet, WiFi and all other providers (“Third Party Providers”);
4. you will complete your registration details if so required by us before using the App;
5. where we charge for the App you will pay the appropriate License fee and any other applicable charges for your use category;
6. subject to (i) to (v) above, you will be permitted to download/stream/access the App onto your Device, to assist you in the sale of the various window, doors and associated products that we and/or our group companies from time to time offer for sale from time to time (Products)
7. where applicable, you will input all necessary, specific and correct subject data (“Licensee Data”) to enable you to obtain from our App the results and information (“Resultant Data”) which you need for your purpose and for which you are solely responsible and liable for using your own judgement in the correct use of the same;
8. you agree and consent that we can collect and host the data specified in (vi) above and your registration/log-in data in our database;
9. you may utilise (but not copy) any instructional and/or operational/support details relating to the App
10. you accept that using the App and obtaining quotes does not amount to an order. You can contact us to find out the ways in which you are able to place an order for Products with us and/or our group companies (the Booking System). It is only when an order is accepted via our Booking System is a price for our Products guaranteed.;

(c)           If you discover any problem, defect or malfunction with the App YOU MUST STOP USING THE APP IMMEDIATELY and notify us at once using [email protected]

(d)           You may NOT sell, lend, rent, lease, sub-license, transfer, assign or otherwise provide the App to any other person nor permit any third parties to use the App, including but not limited to providing access to the App enabling such third parties to benefit from its use without entering into a licence agreement with us, or do any other acts which would prejudicially affect our rights as the Licensor.

(e)           You agree that we may (but are not obligated to):

(i)            provide you with user names and/or passwords in order for you to access and use the App. You will be solely responsible for safeguarding the same and undertake to indemnify us in the event wesuffer any loss or damage whatsoever as a result of your disclosure, misuse or negligent use of the same and the App.

(ii)           provide you with other materials from time to time necessary for use and/or support of the App including software, instruction guides, training, support procedures, updates, upgrades and other material. You agree to implement/comply with ourdirections for use/implementation/installation of the same or agree that we may do so for you with automatically installed updates;

(f)            You agree that we may change the terms of (or terminate) this License at any time by notifying you electronically or posting such changes on our website. Such changes may include but will not be limited to: support issues, upgraded versions of the App, additional modules, user or changed features to the App or its discontinuation.

3.  Corrections, Synchronisation and Reliance  

(a)           We may be required to correct errors or refine results in the App (“updates”) which may be essential and/or critical from a safety point of view which we will either automatically apply to your Device or will advise you to download and install the update on your Device. If, for any reason, you have blocked your Device or failed to install or otherwise do not apply and use these updates then YOU MUST STOP USING THE APP IMMEDIATELY as there may be a critical issue which has been corrected. We are not liable for use of out-of-date App results.

(b)           You are required to regularly synchronise your product library from within the App and in any event before each time that you use the App to obtain a quote. Failure to synchronise immediately before obtaining each quote from your use of the App may result in inaccurate, incomplete, out of date and/or incorrect Resultant Data and for which we shall have no liability for any loss claim liability or damage arising as a result of or in consequence of such inaccurate, incomplete and /or incorrect Resultant Data

(c)           This App is for solely to be used for the Permitted Use and is intended to give you guideline pricing to assist you in providing your end user quotes for the retail sale of the Products. There are likely to be minor pricing discrepancies between the prices emanating from the Resultant Data and the Booking System. Definitive prices for the sale of Products to you by us are only guaranteed when ordering of Products via the Booking System

(d)           We may create new versions of the App (“upgrades”) which may add improved features and functionality. If we create such new versions, then in order to obtain use of such versions you may be required to download that version from the App store. Please note that we have no obligation to notify existing licensees/users of such upgrades,.

(e)           To the extent necessary to provide the App, support and other services to you, you hereby grant to usa worldwide, royalty free intellectual property license to access your Device, Licensee Data, and other relevant data and software used for the App to enable us to provide support, analysis, upgrades, updates and future product enhancement; and you grant us all necessary rights to change the format or functionality of the App and/or your Licensee Data to better display results, information, store, host or support you, and to protect you, the App and our services from abuse, misuse, hacking, interception and to improve our software, services and products generally.

4. Privacy and your Licensee Data

(a)           Your privacy is very important to us and we will always endeavour to comply with the latest applicable data protection measures to ensure fairness, transparency, accuracy, security, minimisation and respect for your rights with regard to any of your personal data, Licensee Data or data which you gather or obtain from your use of the App whether we may obtain this from you upon entering into this License or later gather during your use of the App. Please see our privacy policy on our group companies website www.listerwindows.co.uk.

(b)           You, yourself and any organisation you work for will be and remain solely responsible for the security, privacy, confidentiality, legality, accuracy, completeness and use of Licensee Data and Resultant Data and you undertake to indemnify us fully and effectively in the event that wesuffer any loss or damage whatsoever as a result of your use of the App, your Licensee Data and Resultant Data in accordance with this License.

(c)           If necessary, you will be solely responsible for making regular back-ups of your Licensee Data and Resultant Data and any reports generated as a result of or in consequence of using the App .

5               Prohibited Acts

(a)           You undertake that you will NOT nor attempt to, either yourself and with any other party or user of your Device or the App or with respect to any of our software, services or database:

1. input, access, store, transmit or distribute any viruses, Trojan horses, worms, time bombs, cancelbots, malware, spyware or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing the functionality, operation or integrity of our App, software, services, system or our database;
2. input, access, store, transmit or distribute any content which is malicious, illegal or harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, or any material that exploits children or is invasive of another person’s privacy or other rights or that may otherwise cause distress, injury or damage to any person or property;
3. engage in “phishing”, “smishing”, scamming or other deceptive or misleading online activity or transmit any “spam” or other unsolicited messages that can degrade or otherwise interfere with our App, software, services, database or other users of the same;
4. “spoof”, steal the identity or otherwise impersonate any individual or entity or falsely state or otherwise misrepresent your identity, status, ability or affiliation in any way;
5. disable, tamper, hack, copy, duplicate, disassemble, decompile, reverse engineer, extract, download, distribute, frame or re-publish any part or whole of the App, or our services, software or source code; documentation, guides or other proprietary information or any database or information which may be available by access to/extraction through use of the App and/or our services;
6. infringe our intellectual property rights in and to the App, Resultant Data, our website, database, software, services or any material which we have made available to you or which you have otherwise gained from the App, our website or database including but not limited to “framing”, “linking”, or using spider or “screen scrape” software or systems to extract our data or otherwise use our trade marks, trade name, copyright, database and other intellectual property rights;
7. adapt, vary, modify, translate or create derivatives of the App or any of our other software or website material into any other language or code whether or not computer-generated or using any AI software or tool;
8. adapt, vary, modify or work around any technical limitations, rights management or monitoring in the App, our website, services, database and/or other software.

(b)           Consequences of your breach of any of the above undertakings.

(i)         We reserve the right to suspend or terminate your access to our App, website, software, database, system and/or services with or without notice and

(A)          whether or not you breach the terms of this License

(B)           where there is a breach and the breach is by you, by any third-party acting on your behalf or by any user of your Device or otherwise by anyone who has gained access to use the App .

(ii)        We reserve the right to take such appropriate action including bringing legal proceedings against you and (if appropriate) disclose such information to law enforcement authorities as required; and if a criminal violation is suspected, we will fully cooperate with law enforcement agencies in their investigations.

(iii)       You undertake to indemnify us and keep us indemnified in the event that we suffer any loss or damage whatsoever as a result of your breach or from your use of the App, your Licensee Data and Resultant Data in accordance with Clause 11 below.

6.            Your Other Licensee Undertakings

(a)           You undertake to reproduce and include the copyright notice of us as the Licensor as well as such other party as may be specified in or on the App or on our website as a third party owner (“Owner”) on all uses, print outs, displays, Resultant Data and any copies of the App permitted under this License.

(b)           You undertake to comply with our most up-to-date instructions on use of the App and immediately (but not later than within 7 days) upon expiry, termination or cessation of this License for any reason, to permanently delete the App from your Device.

(c)           You undertake to comply with the additional provisions on our website including but not limited to our most current Privacy Policy and website Terms and Conditions as we may update the same from time to time.

(d)           You undertake to indemnify us and keep us indemnified in accordance with Clause 11 below in the event that we suffer any loss or damage whatsoever as a result of your use of the App, your Licensee Data and Resultant Data.

7. License Fees and Charges

(a)           The App is NOT freeware or shareware. If we choose to charge any license fees relating to your user category/version of the App which will be specified on our website [www.Licensor.com] the same will be payable in advance and may be based on your Device type and (if applicable), category and location. If these fees are paid for you by another (e.g. your employer) you are still bound by this License. Additional/varied License fees may be payable in respect of any changes to these details.

(b)           Where periodic or annual License fees apply, your App will “time-out”, automatically disable or be disabled by us using other technological measures on the expiry date unless the applicable renewal fees have been paid. You will receive reminder emails from us prior to the expiry date.

(c)           All fees and charges referred to are exclusive of and net of any taxes, duties or such other additional sums including, but without prejudice to the foregoing generality, value added/purchase tax, excise tax, (tax on sales, property or use), import or other duties, and whether levied in respect of this License, the App, its use or otherwise.

(d)           You are solely responsible for all Third Party Provider fees, charges and all other costs and expenses relating to your Device, mobile network provider, internet, WiFi and all other providers.

(e)           Where applicable, we reserve the right to charge interest at the rate of 2 per cent over Lloyds Bank Plc base rate from the due date until the total of any sums due have been paid in full.

8.            Exclusion of Warranties, Liability and Indemnity

(a)           YOU, THE LICENSEE/USER ACKNOWLEDGE AND AGREE THAT THE APP HAS NOT BEEN DEVELOPED OR CUSTOMISED FOR YOUR SPECIFIC REQUIREMENTS AND THAT YOU ALONE MUST DETERMINE ITS SUITABILITY FOR YOUR PURPOSE. WE, THE LICENSOR PROVIDE THE SOFTWARE APP “AS IS” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

(b)           WE, THE LICENSOR DO NOT WARRANT THAT THE APP OR ANY RESULTANT DATA WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED BY US. YOU, THE LICENSEE/USER ARE SOLELY RESPONSIBLE FOR ALL COSTS, EXPENSES AND DAMAGE ASSOCIATED WITH YOUR USE OF THE APP, LICENSEE DATA AND RESULTANT DATA.

(c)           WE, THE LICENSOR SHALL NOT BE LIABLE TO YOU, THE LICENSEE/USER OR ANY PERSON DERIVING RIGHTS FROM LICENSEE/USER OR TO ANY OTHER PARTY FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER CAUSED ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS LICENSE, THE APP, ITS USE, LICENSEE DATA, RESULTANT DATA, OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE LAWFULLY EXCLUDED UNDER THE APPLICABLE LAW.

(d)           NOTWITHSTANDING THE GENERALITY OF (c) ABOVE, WE EXPRESSLY EXCLUDE LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHICH MAY ARISE IN RESPECT OF THE APP, LICENSEE DATA AND/OR ANY RESULTANT DATA HOWSOEVER CAUSED EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

(e)           IN THE EVENT THAT WE CHOOSE TO CHARGE FEES FOR THE USE OF THIS APP AND WE INCUR ANY LIABILITY WHATSOEVER, SUCH LIABILITY IS LIMITED TO THE LICENSE FEE PAID BY/FOR YOU, THE LICENSEE/USER OF THE APP IN THE PERIOD OF 12 MONTHS PRIOR TO THE LIABILITY (EXCEPT FOR DEATH OR PERSONAL INJURY ARISING FROM OUR OWN NEGLIGENCE).

(f)            INDEMNIFICATION DISCLAIMER. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, WE, THE LICENSOR, HAVE NO INDEMNIFICATION OBLIGATIONS TO YOU, THE LICENSEE/USER OF THE APP WHETHER EXPRESS, IMPLIED OR STATUTORY AND THAT ANY SUCH INDEMNIFICATION OBLIGATIONS ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED.

9.  Copyright, Patents, Trade Marks, Database Rights and Other Intellectual Property Rights

(a)           You, the Licensee acknowledge that any and all copyright, trade marks, database rights and other intellectual property rights subsisting in or used in connection with the App, our software, services, support, database or other proprietary material(including but not limited to any images, results, reports, displays, animations, audio, visual and other identifiable material relating to the App, database or software) and Resultant Data are and including but not limited to any and all variations, adaptations, translations or derivatives thereof whether or not computer-generated or using any AI^[1] software or tool, and remain our sole property.

(b)           You, the Licensee shall not during or at any time after the expiry or termination of this License in any way question or dispute our ownership thereof.

(c)           In the event that new designs, displays, presentations, processes, services, software, support, products, configuration settings, templates, formats, inventions or any other material in any form or media (audio-visual or otherwise) evolve in performance of or as a result of this Agreement, you acknowledge that the same will be our property unless we otherwise agreed in writing with you.

10.  Confidential Information

(a)           All information, data, drawings, designs, formats, displays, specifications, documentation, software, listings, source or object code which we may have imparted and may from time to time impart to you, the Licensee or which you otherwise obtain in relation to the App(other than the ideas and principles which underlie the App software) are proprietary and confidential. You hereby agree that you will use the same solely in accordance with the provisions of this License and that you will not at any time during or after expiry or termination of this License, disclose the same, whether directly or indirectly, to any third-party without our prior written consent.

(b)           Subject only to the specific, limited provisions of Clauses 2 and 6 above, you further agree that you will not yourself or through any other person, agent or third-party use such confidential information to do or allow to be done any of the prohibited acts specified in clause 5 or as otherwise specified herein nor have any software or other program written or developed based on any confidential information supplied by us or which you have gained from your use of the App or through this License.

(c)           The foregoing provisions will not prevent the disclosure or use by you of any information which is or hereafter, through no fault of your own, becomes public knowledge or to the extent permitted or required by law.

11.          Indemnity

(a)           You agree to indemnify and keep indemnified us, our successors and assigns, and our directors, officers, employees and agents (collectively “us” or “we”) from and against (or with avoiding) any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of the App, Licensee Data, Resultant Data, or otherwise, or arising in any way by use of your account details or passwords by you or any other party using it with or without your knowledge or consent or from any other matter relating to this Agreement.

(b)           In the event any action arises under this clause or this Agreement, we may during any such action, bar access to the App and our services until such time as we are certain, in our reasonable opinion, that there is not likely to be a claim under such indemnity or the claim has been resolved.

(c)           You waive any right to bring any claim or action against us for any loss, damage or injury arising from the App and/or our services.

12.          Expiry and Termination

(a)           We may terminate this License and/or use of the App at any time with or without notice to you.

(b)           You may terminate this License at any time by deleting the Appand anycopies thereof from your Device..

(c)           This License may also terminate:

(i)            if we, at any time, find that you have been in breach of any of these terms and conditions or any material provision required by the Applicable Law and you have failed to remedy such breach (if capable of remedy) within 2 days of having received written notice of such breach from us;

(ii)            automatically and immediately if you, cease to have the appropriate skill (if any is needed) in use of the App;

(iii)           if either you or the body you represent register with us as a body corporate, firm or other organisation which then ceases to continue or reduces (to a level in our absolute discretion) its business or activity with us

(iv)           if either you or the body you represent register with us as a body corporate, firm or other organisation which then ceases to continue its business or activity under the Applicable Law or becomes otherwise dissolved or unable to pay its debts.

(e)           Upon termination, you must comply with the provisions of Clause 6(b) above.

(f)            The following provisions shall survive termination, cancellation or expiry of this License for any reason: 4, 5, 6(b) and (d), 8-14.

13.  Notices

All notices to or by the respective parties to this License will be in writing in the English language and emailed/texted to the respective other party to the following email addresses:

Provider: the email address – [email protected]

Subscriber: the email address/sms given for delivery/download of or your access to the App or to such other contact, email address/sms as the respective parties may hereafter specify to the other.

Notices will be deemed to have been duly given and received on the first working day following such emailing, sending of an sms additionally provable (though not required) by a valid confirmed email/sms from the recipient party or automatic email/sms acknowledgement that the email has been opened/received.

14. General

(a)           Assignment

You will not assign or otherwise transfer all or any part of the App or this License without our prior written consent.

(b)           Waiver

Failure or neglect by either party to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of that party’s rights hereunder nor in any way affect the validity of the whole or any part of this License nor prejudice that party’s rights to take subsequent action.

(c)           Headings

The headings of the terms and conditions herein contained are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of any of the terms and conditions of this License.

(d)           Severability

In the event that any of these terms and conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by the Applicable Law.

(e)           Entire Agreement and Amendments

The terms and conditions of this License supersedes any arrangements, understandings, promises or agreements made or existing between the parties hereto prior to this License, which constitutes the entire understanding between the parties hereto. We may amend these terms and conditions at any time by notifying you electronically or posting such changes on our website.

(f)            Applicable Law

The parties hereby agree that this License shall be construed in accordance with English Law and that all disputes under this License will be subject to the exclusive jurisdiction of the courts of England .