SPECIFIC TERMS AND CONDITIONS OF SERVICE

(HAGER PILOT)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS APPLICATION

ABOUT HAGER PILOT APP AND US 

The Hager Pilot application (hereinafter referred to as the "Hager Pilot App") is an application for Mobiles and Tablets, operating on iOS and Android.  

WHAT IS IN THESE TERMS? 

These Terms are the rules for using the Hager Pilot App. It will form an agreement between You, the user of Hager Pilot App (including any person using Hager Pilot App on Your behalf) (“You/Your”) and Hager Limited a limited liability company registered in England and Wales under number 01551990 with its registered office situated at Hortonwood 50, Telford, Shropshire, TF1 7FT  and its affiliates, (“HAGER/Us/Our/We”) the owner(s) of Hager Pilot App. Any documents, policies and terms referred to below will be incorporated into these Terms by reference.  

1. DEFINITIONS

Within these Terms the terms used below have the following meanings, whether they are used in the singular or plural: 

“Cloud”: refers to the Microsoft Azure Cloud; 

“Data Protection Legislation”: means, as applicable to either party: 

1.1.1 the General Data Protection Regulation 27 April 2016; 

1.1.2 the Data Protection Act 2018; 

1.1.3. the Privacy and Electronic Communications (EC Directive) Regulations 2003; 

1.1.4. the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019; 

1.1.5. any other applicable law relating to the Processing, privacy and/or use of Personal Data, as applicable to either party; 

1.1.6. any laws which implement any such laws; and, 

1.1.7. any laws that replace, extend, re-enact, consolidate or amend any of the foregoing. 

“End User”: refers to the User's customer; 

“Force Majeure Event”: any event arising that is beyond the reasonable control of the affected party (including any industrial dispute affecting any third party, governmental regulations, endemic, pandemic, fire, flood, inclement weather, disaster, civil riot or war). 

“Hager Pilot App or Our App”: means both (i) the "Hager Pilot App" software application for Mobiles and Tablets, which can be downloaded from the Apple and Google stores and made available by HAGER and (ii) the "Hager Services"; 

“HAGER SAS”: refers to the company HAGER SAS, a "société par actions simplifiée" (French simplified joint-stock company) registered in the Saverne Trade and Companies Register under the number 712 063 759 and whose registered office is at 132 boulevard d’Europe BP78 67212 Obernai Cedex France; 

“Hager Business Hours”: refers to Monday to Friday between 8:30am and 5pm GMT and not weekend or Bank Holidays. 

“Hager Content”: the content including all Intellectual Property Rights (other than Your Content) residing on the Hager Pilot App in addition to the content inputted by HAGER from time to time for the purpose of using the Hager Services or facilitating the Hager Services (which may or may not include Personal Data); 

“Hager Services”: refers to the services provided by HAGER via the HAGER Pilot App as part of the use of the software application described in more detail in clause 5 of these Terms 

“Manual”: refers to the manual design mode in which the User organises and defines the number of and specifications for the products listed in the table him or herself. In this design mode, the Hager Pilot App checks the conformity of the consumer unit with the rules in the BS 7671 standard and informs the User of these; 

“Mobile”: refers to the smartphones used to access applications via an internet connection; 

“myHager”: refers to  website published by HAGER SAS which a User who has created a personal account can use to access a range of services;  

“Personal Data”: means Personal Data as defined in the Data Protection Legislation; 

“Smart Home Device”: means the device that controls or other device to be activated, configured or maintained by Hager Pilot App; 

“Tablet”: refers to the touchscreens used to access applications via an internet connection; 

“User”: refers to any individual UK accredited, registered and accredited BS 7671 qualified electrical professional who accesses and uses the Hager Pilot App; 

“Your Content or User Content”: means all personal details (including without limitation text, graphics, images, audio material, video material, scripts, software and files) that You upload, embed or otherwise display and/or store on the Hager Pilot App for storage or publication on, processing by, or transmission via Our Hager Pilot App for purposes of your professional services as a UK registered and accredited BS 7671 qualified electrical professional (which may or may not include Personal Data). 

2. YOUR USE OF HAGER PILOT APP 

By downloading to and using Our App, You confirm Your agreement to comply with and be bound by these Terms of Use, policies and guidelines incorporated in it. If You do not agree to all of these Terms, please do not use Hager Pilot App. 

We suggest that You print/save a copy of these Terms for future reference, but please note that the Terms may be amended from time to time, and You should always ensure You are referring to the correct and most updated version as published on Our App. 

These Terms apply to Your use of Hager Pilot App at any time and for whatever purpose. It will not change the terms of any other agreement We may have in place with You. 

You represent and warrant that You are over the age of 18 and are lawfully able to accept these Terms. If You are using Hager Pilot App on behalf of any entity, You further represent and warrant that You are authorised to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify Us for violations of these Terms. 

When downloading  and using Hager Pilot App You authorise us to provide the Hager Services.  

You represent and warrant that You are an UK registered and accredited BS 7671 qualified electrical professional and you are using the Hager Pilot App for your business purposes and You indemnify Us against any and all claims howsoever arising as a result of a breach of this warranty. 

3. CONTACTING US 

Contacting Us. To contact Us, email Our technical team at techical@hager.co.uk if You would like to give Us formal notice of any matter under these Terms. 

4. OTHER TERMS THAT MAY APPLY TO YOU 

These Terms of Use also include Our Privacy and Cookie Policy https://www.hagergroup.com/en/mobile-privacy-statement/english/1024-5946.htm which also apply to Your use of Hager Pilot App (“Additional Terms”) and are incorporated into these Terms by reference. 

5. HAGER SERVICES 

Hager Pilot App offers services to UK registered and accredited BS 7671 qualified electrical professional that are using the Hager Pilot App for their business purposes only.   

Hager undertakes that the Hager Services will be performed with reasonable skill and care. 

The undertaking at Clause 5.2 shall not apply to the extent of any non-conformance which is caused by Your use of the Hager Services contrary to these Terms, or modification or alteration of the Hager Services by any party other than Hager or Hager’s duly authorised contractors or agents.  If the Hager Services do not conform with the foregoing undertaking, Hager will use reasonable commercial endeavours to correct any such non-conformance. Such correction constitutes Your sole and exclusive remedy for any breach of the undertaking set out in Clause 5.2.  

These Terms shall not prevent Hager from entering into similar terms with third parties, or from independently developing, using, selling or licensing services which are like those provided here.  

Availability and Security of the Hager Pilot App and Hager Services 

5.1.1 HAGER shall provide the Hager Pilot App and Hager Services to You on, and subject to, these Terms. 

5.1.2 The Hager Services are delivered on an "as-is" and "as-available" basis. We make no representations, warranties or guarantees, whether express or implied, that the Hager Pilot App and Hager Services: 

- will always be available or be uninterrupted; 

- will be error-free, accurate, complete or up-to-date; or, 

- will be secure or free from bugs or Viruses.  

HAGER will not be liable to You if, for any reason, the Hager Pilot App and Hager Services unavailable at any time or for any period. We shall use commercially reasonable endeavours to make the Hager Pilot App and Hager Services available to You twenty-four (24) hours a day, seven (7) days a week, except for: 

5.1.3 planned maintenance carried outside of Hager Business Hours; and, 

5.1.4 unscheduled emergency maintenance as may be required from time to time. 

Should you require technical support or other support related to the Hager Pilot App and Hager Services, contact technical@hager.co.uk during Hager Business Hours. 

6. USING THE HAGER PILOT APP 

IMPORTANT NOTE TO USERS The Hager Pilot App is a tool designed to facilitate certain tasks undertaken by Users as part of their professional services only.  It allows a User to access, program and control a Smart Home Device.  The User has the obligation to perform the necessary verifications to ensure that the Smart Home Device complies with the applicable standards and regulations, in particular the BS 7671 standard. The User bears exclusive sole liability for its use of the Hager Pilot App and the Smart Home Device, the Your Content and/or Personal Data entered into it, and its compliance with the applicable legal standards and regulations. 

To use the Hager Pilot App, Users must download the Hager Pilot App from the Apple or Google stores, and must be connected to the internet. 

To access the Hager Pilot App which provides access to Hager Services, the User must either create a personal account on myHager or log into its account, if such option exists. Creating a personal myHager account requires: the User's acceptance of the Privacy Policy on the myHager portal, and the terms and conditions of use specific to the myHager website. To create a myHager account, the User is required to enter Personal Data. 

Third Party Features 

6.1.1 Saving to Cloud gives the User the option to back up its projects to Cloud, provided that the User is logged into its personal myHager account. The data and projects are hosted on the Cloud provided by Microsoft Azure, in data centres located in Europe. 

Sharing Features  

6.1.2 The User is solely and exclusively liable for anything they share on third party sites, the User warrants, accepts and undertakes that this is not a secure way to share data, and does so at its own risk under its exclusive and sole liability. Consequently, HAGER cannot be held liable under any circumstances whatsoever for the consequences of the User sharing in this way. 

7. NO WARRANTIES 

The User understands, acknowledges and accepts: 

7.1.1 HAGER does not give any warranties either express or implied in respect of the Hager Pilot App contents or/and is used or/ how any documents or content is generated.  

7.1.2 HAGER specifically does NOT warrant that: 

The content and/or documents generated via the Hager Pilot App will meet the User’s expectations and requirements or produce the results they want; 

The Hager Pilot App will operate without any interruption or operational errors, or in a secure manner; and  

The quality of the service, specifically the results obtained via the Hager Pilot App, will meet the User’s expectations.  

8. TRANSFER, AMEDMENTS AND CHANGES 

Transfer of Contract. We may transfer Our rights and obligations under these Terms to another organisation.  We will always let You know if this happens and will make sure that Your rights under this contract are not affected.  You may not transfer Your rights to another party without Our prior written consent. 

Contracting Age. In order to validly contract with Us You must be 18 years or older and have full legal capacity to do so. Please do not use Hager Pilot App if You are not 18 years or older and have full legal capacity to do so and You are not a UK registered and accredited BS 7671 qualified electrical professional . 

Location and Language. These Terms and Our Contract are intended to be used by people in UK only.  We do not represent that the content available on or through Our App is appropriate for use in other locations and will be made only in the English language. 

Amendments/Changes.  

8.1.1 We reserve the right to amend the specification of the Hager Services on Hager Pilot App if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Hager Services or if it is necessary to make improvements or minor technical adjustments to address security and functionality. Please check Hager Pilot App regularly for such updates. Major changes to the specifications in order to ensure a better customer experience and more accuracy will be communicated to you. 

8.1.2 We may change Our Terms from time to time, to reflect any changes to what We offer, Our customer’s needs and Our business priorities. We will try to give You reasonable notice of these changes and We will publish the updated Terms on Hager Pilot App. You should check these Terms regularly and at least every time You use Hager Pilot App to ensure that You are happy with any changes. You will be deemed to have accepted any changes to the Terms if You continue to access or use Hager Pilot App. 

We may also update and change Our App from time to time at Our exclusive sole discretion. 

9. ACCESSING OUR APP AND ITS OPERATION 

App content disclaimer. Materials and information published on Our App are not intended as advice and should not be relied on as such. All materials and information are for publicity and informational purposes only. We disclaim all liability and responsibility arising from any reliance placed on such information by a business customer. We do not guarantee that the contents of Hager Pilot App will be free of errors, trojans, viruses, bugs, worms or otherwise make any representations in respect of its quality, accuracy, or completeness of the content available on Hager Pilot App. 

Security and Your use of Hager Pilot App. You are responsible for maintaining appropriate software on Your computer or device to protect You from any errors, bugs, worms, trojans or viruses. 

Representations. You represent and warrant that You will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, data, electronic communications, privacy, and the transmission of data applicable to the United Kingdom at the time of use, when using Hager Pilot App. 

Availability,  Interruptions or Withdrawal  

9.1.1 HAGER will use reasonable endeavours to keep the system available and maintain system functionality at all times. HAGER reserves the right to interrupt the operation of the Hager Pilot App at any time, with or without notification, particularly with the aim of ensuring corrective and ongoing maintenance, or to upgrade the content or appearance. Insofar as is possible, HAGER will inform Users prior to any corrective or ongoing maintenance. The User accepts and recognises that the Hager Pilot App may be interrupted for reasons outside of HAGER's control and that HAGER cannot guarantee uninterrupted access to the Hager Pilot App. 

9.1.2 HAGER will not be liable to You or any other person in respect of any loss or damage arising from the unavailability of, or interruption or malfunctioning in Hager Pilot App and Hager Services under any circumstances, whatever the cause.  

9.1.3 HAGER reserves the exclusive right to delete or modify all or part of the Hager Services accessible to Users or the features of the Hager Pilot App, or to withdraw the Hager Pilot App entirely, and cannot be held in any way liable by its Users as a result. 

Users are invited to inform HAGER of any technical issues that they encounter when navigating and/or using the Hager Pilot App by sending a description of the issue encountered to the following e-mail address: technical@hager.co.uk  

Sign out. You must sign out of Hager Pilot App once You have finished using Hager Pilot App. If You do not do this, unauthorised transactions or usage may result, for which We will not be liable. 

Reliability. The content on Our App is provided for general information only. It is not intended to amount to advice that You should rely on. Although We make reasonable efforts to update the information on Our App, We make no representations, warranties or guarantees, whether express or implied, that the content on Our App is accurate, complete, or up to date.  

Registration. Only United Kingdom users will be eligible to register to use Our App. You can register for an account by completing and submitting the account registration form on Our App and clicking on the verification link in the email.  

Passwords. If You register for an account on Our App, You will be asked to create a user name and password which must comply with the content rules set out in clause 10 below and Your Password and account details should not try to mislead or impersonate another business or person. 

Password protection. You are responsible for access to Hager Pilot App using Your Internet connection, even if this is by another person. You remain responsible for the safety and security of any password and log in details relating to Hager Pilot App and any accounts You register for on it. To help protect against unauthorised access to Your account We suggest You store Your username(s) and password(s) safely and securely. We recommend that You don’t disclose Your username(s) and password(s) to anyone. We also recommend that You sign out of Your account at the end of each session. You may also wish to close Your browser window when You have finished Your session, especially if You share a computer with someone else or if You are using a computer in a public place.  

Unauthorised access. If You suspect that unauthorised access has been made to Your account, You must notify Us immediately by contacting Us at Our address in clause 3.1 above. We will investigate any suspicious activity. We reserve the right, and You authorise Us, to disable or block Your account and any user identification code or password at any time where it is suspected that unauthorised access has been made to Your account or for any other reasonable reason in Our discretion. 

Restricted Access. We reserve the right to restrict Your access to Hager Pilot App or part of it. Access to restricted areas of Hager Pilot App may be subject to registration and other conditions. If We grant You permission to access a restricted area of Hager Pilot App (such as that part only registered Users can see), We may withdraw that permission at any time (including where You breach any of these Terms). We may, for example, suspend access to Hager Pilot App during server maintenance or when We update Hager Pilot App. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on Hager Pilot App by for instance creating a new username/account. 

Suspension or Deletion of Your Account by Us. We may at our sole discretion: 

9.1.4 edit Your account details;  

9.1.5 temporarily suspend Your account; and/or delete Your account at any time in accordance with clause 11.1.6 below or for any other reason.  

Deletion of Your Account by You. You may delete Your account by accessing myHager account section of hager.com/uk at any time.  

10. HOW YOU MAY USE THE MATERIAL ON OUR APP 

When using Hager Pilot App You warrant and undertake the following: 

10.1.1 Use. You must comply with these Terms at all times.  

10.1.2 Restrictions. You may not:  

- use Hager Pilot App or the content for anything other than its intended use. Our site is mainly directed at people living in the United Kingdom. We do not guarantee or represent that the content on Our App is available or appropriate in other locations.  We may limit availability of Our App to any geographical area. 

- print, download, copy, adapt or re-transmit any or all of Hager Pilot App or the content except for Your professional, use of Hager Pilot App. This means You may print one copy for Your professional use. Our status as the authors of the content must always be acknowledged;  

- use any data mining, robots or similar data gathering or extraction methods;  

- manipulate or display Hager Pilot App or its content by using framing or similar navigational technology;  

- register, subscribe, unsubscribe, or attempt to register, subscribe, or unsubscribe any party if You are not expressly authorised by such party to do so or try to impersonate a party by doing so;   

- use Hager Pilot App or its content other than for its intended purpose or in violation of any applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications legislation and regulations; 

- use Hager Pilot App to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with any person or entity in connection with Hager Pilot App; or express or imply that We endorse any statement You make; 

- use the Hager Pilot App for purposes in contravention of the applicable rules and to from infringing the rights of third parties (particularly intellectual property, personal data and privacy rights); 

- use the Hager Pilot App to gain illegal entry into an information processing system for any reason whatsoever, or to send large number of unsolicited messages to third parties; 

- upload any Your Data or any data (where applicable and including usernames and passwords) which is malicious, false, misleading, fraudulent, defamatory or offensive in content. Any breach of this term constitutes a material offence and may result in the removal of such information and/or refusal by Us to allow any further dealings with You, suspending and/or cancelling you as a User of the Hager Pilot App, and/or possible prosecution with the relevant authorities. In such event, You will have no claim or claims of whatsoever nature or kind against Us arising out of Our suspension, cancellation or prosecution as the case may be; 

- interfere with or disrupt the operation of Hager Pilot App or the servers or networks used to make Hager Pilot App available; or violate any requirements, procedures, policies or regulations of such networks; 

- transmit or otherwise make available in connection with Hager Pilot App any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment; 

- modify, adapt, translate, reverse engineer, decompile, disassemble circumvent, deactivate or disrupt in any way whatsoever any portion of  or any security feature of the Hager Pilot App and preventing or restricting the use or the copying of content or impose limitations on the use of the features or content accessible on the Hager Pilot App; 

- remove any copyright, trademark or other proprietary rights notice from Hager Pilot App or materials originating from Hager Pilot App; 

- frame,  mirror or distribute any part of Hager Pilot App including content, in full or in part, on any other medium,  without Our express prior written consent; 

- create a database by systematically downloading and storing App content; 

- use any manual or automatic device in any way to gather App content or reproduce or circumvent the navigational structure or presentation of Hager Pilot App without Our express prior written consent. Notwithstanding the foregoing. 

In respect of Your use of the Content on Hager Pilot App, You agree, understand and acknowledge that: 

10.1.3 We provide Hager Pilot App to provide a platform for You to use as UK registered and accredited BS 7671 qualified electrical professional to use for the purpose of providing professional services only.  

10.1.4 Users make use of all content published on Hager Pilot App at their own risk and are voluntarily using the Hager Services and have not been induced to use Hager Pilot App or content by Us or any of Our affiliates. 

10.1.5 Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, We are not responsible nor liable, either directly or indirectly, for any loss or damages sustained from the use of, or inability to use Hager Pilot App, even if caused in whole or part by Our action, inaction or negligence and to the fullest extent permitted by law and You indemnify Us against any claims arising from the aforementioned provisions, howsoever such claim arises. 

11. YOUR CONTENT  

Using Hager Pilot App  

11.1.1 You must have downloaded the Hager Pilot App available on the Apple and Google stores. 

11.1.2 We recommend you update the latest version of firmware of the Hager Pilot App This update is at your sole discretion and responsibility and under any circumstances You must not encourage, ask or allow the End User to make such an update.  

11.1.3 You are required to first register as a user before You can upload content from the Hager Pilot App. 

11.1.4 You are responsible for completing all details necessary to be able to use the Hager Pilot App. 

11.1.5 You may edit Your content using the editing functionality made available on Our App, to the extent that We provide for editing and it is possible. 

11.1.6 without prejudice to Our other rights under these Terms and conditions, if You breach any provision of these Terms in any way, or if We reasonably suspect that You have breached these Terms in any way, We may delete, unpublish or edit any or all of Your content and cancel Your account or access as set out in these Terms.  

Rules about Your Content 

You warrant and confirm that Your Content will comply with these Terms fully. 

Your content must not be illegal, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). 

Your content, and the use of Your content by Us in accordance with these Terms, must not be : 

11.1.7 infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right; 

11.1.8 infringe any right of confidence, right of privacy or right under Data Protection Legislation;  

11.7.9 constitute negligent advice or contain any negligent statement;  

11.1.10 constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;  

11.1.11 be in contempt of any court or in breach of any court order;  

11.1.12 in breach of official secrets legislation; 

11.1.13 in breach of any contractual obligation owed to any person; 

11.1.14 depict violence in an explicit, graphic or gratuitous manner; 

11.1.15 be untrue, false, inaccurate or misleading; 

11.1.16 consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; 

11.1.17 constitute spam; 

11.1.18 be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or 

11.1.19 cause annoyance, inconvenience or needless anxiety to any person. 

12. INTELLECTUAL PROPERTY RIGHTS  

Intellectual Property Rights and Your Content  

12.1.1 As an User, when using the Hager Pilot App to access the Hager Services, if You make use of a feature that allows You to upload and publish Your Content to and/or via the Hager Pilot App, You automatically grant to Hager and to each User, a worldwide, non-exclusive, royalty-free licence to use, access, reproduce, share and redistribute that Your Content to the extent permitted by the functionality of the Hager Services and under the terms of this Licence (or any other applicable terms) (‘Your Content IP Licence’).  

12.1.2 You acknowledge that Hager has no obligation to monitor any of Your Content. Hager may choose to terminate Your access to the Hager Pilot App at any time or exercise any other remedy available and/ or modify or delete any unauthorised Your Content, if Hager believes that the Your Content provided has violated, infringed copyrights or other rights of third parties (such as privacy or public rights), is inconsistent with the Terms or has violated the rights of Hager or another User. Notwithstanding this, as a User who publishes and makes available Your Content via the Hager Pilot App You shall remain solely responsible for, and bear the legal risk associated with, such Your Content anywhere in the world. 

12.1.3 As an User, You can update Your Content in respect of Your profile or progress page once You have published it. The Your Content IP Licence shall terminate when the relevant Your Content (including all copies thereof) are permanently deleted from the Hager Pilot App either by You or Us and you are no longer a User for whatever reason.  

Intellectual Property Rights and Hager Content  

12.1.4 With the exception of Your Content submitted to the Hager Pilot App by You, all content and the selection and arrangement of such content on the Hager Pilot App constitutes Hager Content and is either owned by, or licensed to, Hager and is subject to copyright, trade mark rights, and other Intellectual Property Rights of Hager and licensors of Hager. Hager makes no representation or warranty as to the validity or enforceability of the Intellectual Property Rights persisting in any Hager Content. Any third-party trade or service marks present in Hager Content are trade or service marks of their respective owners. Other than any licences expressly granted herein, neither party grants any licence of, right in, or makes any assignment of any of its Intellectual Property Rights.  

12.1.5 Hager Content, except Your Content, including, but not limited to, text, photos, graphics, trademarks, logos, icons, images, sound clips, video clips, data compilations, page layout, animations, underlying code and software is the property of or licensed to Us, Our affiliates or other relevant third parties. Such material is confidential and protected by applicable United Kingdom and International intellectual property, copyright and other relevant laws and You may not use any of the material on Hager Pilot App without Our prior written permission. 

12.1.6 HAGER grants Users an individual, UK based only  non-exclusive, royalty-free licence use the Hager Pilot App and any associated software.  

12.1.7 You warrant and undertake that will not directly or indirectly reproduce, copy, modify, hire, distribute, store create derivative work, reverse-engineer or disassemble or otherwise attempt to locate the source-code (otherwise than in cases required by law), selling, assigning, sublicensing or transferring in any way the rights attached to the Hager Pilot App or its associated software or in any other fashion re-use material from Hager Pilot App unless otherwise indicated on Hager Pilot App or unless given express written permission to do so by Us. 

12.1.8 We appreciate Your feedback and You acknowledge and accept that if You choose to share or submit comments, ideas or feedback to Us regarding the operation and functionality of the Hager Pilot App, We can freely use Your suggestions without any restriction or compensation to You to make Hager better and You hereby represent that the information or feedback You share or submit to Us through the Hager Services is not confidential or proprietary. 

13. DATA PROTECTION  AND HOW WE MAY USE PERSONAL DATA 

We will process Personal Data in accordance with the Data Protection Legislation and Our Privacy and Cookie Policy and that can be found at https://hager.com/uk/policies-certificates the terms of which are incorporated into these Terms. We are committed to secure storage of Personal Data. Under no circumstances will We give or sell any information relating to Users to third parties, or organisations except to those of Our registered service providers who are required to render Hager Services to You.  

You warrant, agree and undertake that you will comply with Data Protection Legislation in relation to any obligations regarding your own Personal Data or/and any Personal Data of End Users .  

The following data is collected and processed by the Hager Pilot App: 

13.1.1 that Users voluntarily provide by completing the various forms as part of their use of the Hager Pilot App being either their own personal data (see clause 13.11) or data relating to third parties (see clause 13.2)  

13.1.2 automatically by the Hager Pilot App (see clause 14).            

Personal Data, identified as compulsory on the forms in the Hager Pilot App, which the User is required to supply for use of the latter is needed to be able to benefit from the corresponding features of the application and, more specifically, the operations on the content provided within the latter. This is used for the creation of the Customer account, to process Customer relations and any related requests, and for the execution of the Hager Services, and may also be used for the purposes of commercial prospecting relating to products and/or similar services. 

This data may be communicated to HAGER's partners with responsibility for the execution, processing and management of customer relations and services for these purposes alone. 

Users are furthermore informed that their Personal Data may be transferred outside of the European Union. To guarantee a sufficient level of protection, HAGER has agreed standard contractual clauses with its sub-contractors relating to the transfer of personal data to sub-contractors based in non-member countries under directive 95/46/EC of the European Parliament and Council. 

Once prior consent is granted by the User, HAGER reserves the right to use and communicate this information to third parties or to its partners and, in particular, to companies in the HAGER group to which HAGER belongs, as part of marketing and commercial operations, whether or not these are jointly undertaken, by SMS, MMS, e-mail or automated calling. 

In accordance with the Data Protection Legislation, Users are therefore informed that HAGER will undertake automated processing of their personal data as part of their use of the Hager Pilot App. 

The data gathered during use of the Hager Pilot App are held on  Cloud provided by Microsoft Azure, in data centres located in Europe, in accordance with the applicable data protection legislation.  

Data entered by the User 

The User's Personal Data 

13.1.3 Users are informed that personal data is gathered when they register for their personal myHager account, in accordance with the provisions of the confidentiality charter and the conditions of use which govern it. 

13.1.4 HAGER is the data controller responsible for processing the personal data relating to the User, in the sense of the applicable data protection legislation, gathered and processed as part of its myHager registration. 

13.1.5 In accordance with the Data Protection Legislation, the User has the right to access, rectify and oppose its own personal data. This right may be exercised by visiting https://www.hagergroup.com/GDPR-request 

Third party Personal Data in the Hager Pilot App 

13.1.6 As part of their use of the Hager Pilot App, Users have the option to enter personal data relating to their customers (e.g.: first name, surname, e-mail address, address, etc.) to identify the different projects and complete their specifications. The User bears sole liability for the processing of the personal data relating to any persons that it enters into the Hager Pilot App. The User undertakes, warrants and  to respect the obligations incumbent on him or her by virtue of the regulations on personal data. HAGER is only responsible for the hosting, security and backup of this data. 

14. DATA COLLECTED AUTOMATICALLY BY THE HAGER PILOT APP: STATISTICAL DATA AND TECHNICAL ANALYSIS 

The Hager Pilot App integrates the "App Centre" service provided by Microsoft which is used to automatically gather and analyse certain data relating to the use made of the Hager Pilot App for the purposes of establishing anonymous statistics, to manage conflicts when saving to the Cloud, to correct malfunctions and improve the technical performance of the Hager Pilot App. 

This data cannot be used to identify a User: it relates, for example, to the number of Users of the Hager Pilot App, the type of Mobile or Tablet used, the average duration of use, the country of use, and the number of times the Hager Pilot App is used per User and per day. 

For more information concerning the protection of this data by Microsoft, see HERE. 

15. FIREBASE ANALYTICS – GOOGLE 

The Hager Pilot App integrates the "Firebase Analytics" service provided by Google which is used to automatically gather and analyse certain data relating to the use made of the Hager Pilot App for the purposes of establishing statistics and improving the user browsing experience within the application. This data may be used to identify the User: it relates, for example, to identifying the screens most frequently used, and the ways in which these are used, to be able to optimise performance during use. The first time the Hager Pilot App is started, the User may give its consent to the use of Firebase Analytics. The User will also be able to subsequently change the selection made in the application settings. For more information concerning the protection of this data by Google, see HERE. 

16. NOTIFICATION SERVICE 

The Hager Pilot App integrates notification services aimed at Users, specifically push notifications, provided by a third party (Batch) which are used to automatically gather and analyse certain data relating to the use made of the Hager Pilot App for the purposes of sending notifications to Users. The first time the Hager Pilot App is started, the User may give consent to the use of this service. He or she will also be able to subsequently change the selection made in the application settings. 

17. LINKS TO OTHER APPS 

Hager Pilot App may contain links to other Apps. Unless expressly stated, these sites are not under Our control and We don’t endorse Hager Pilot App or its contents. We assume no responsibility for the content of such Apps and disclaim liability for any and all forms of loss or damage arising out of the use of them.  

18. FEES 

The Hager Pilot App is free to use.  

19. LIABILITY AND LIMITATION 

Nothing in this Clause 17 shall exclude or restrict either party’s liability for: 

19.1.1 fraudulent misrepresentations; 

19.1.2 any liability where the law does not permit such exclusion of liability; and, 

19.1.3 death or personal injury arising from negligence. 

Subject to Clause 17.1, HAGER shall NOT be liable in contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, or costs, damages, charges or expenses however arising. 

HAGER shall NOT be liable for any direct or indirect damage, losses or expenses resulting from the use of the Hager Pilot App: from  

19.1.4 the inability to use it, or  

19.1.5 any access or use of, or inability to access or use for whatever reason, or 

19.1.6 its incorrect operation, interruption for maintenance reasons,  

19.1.7 technical malfunctioning of the server or as a result of an interruption to the internet access, or for any other reason, or due to a virus, or a line or system problem or  

19.1.8 a reliance on the information provided by means of the Hager Service being of an exhaustive and accurate manner or 

19.1.9 any change that HAGER may make to the Application in general terms, or any temporary or permanent deletion from the features of the Hager Pilot App. 

Subject to Clause 17.1, HAGER shall NOT be liable to You as a result of:  

19.1.10 any breach by You of these Terms or breach of warranty by You or Your acts or omissions including Your use of, or inability to use, the HAGER Pilot App to access the Hager Services; 

19.1.11 any reliance placed by You on the completeness, accuracy or existence of any HAGER Content (or Your Content); 

19.1.12 any changes which HAGER may make to the HAGER Services, or for any permanent or temporary cessation in the provision of the Hager Services (or any features within the HAGER Services); 

19.1.13 the deletion of, corruption of, or failure to store, any Your Content and other communications data maintained or transmitted by or through Your use of the HAGER Services; 

19.1.14 the availability of third party sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources; or, 

19.1.15 the acts, omissions and conduct of any Users in connection with, or connected to, Your use of the HAGER Pilot App and the HAGER Services.  

Your sole and exclusive remedy in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with any failure of HAGER to comply with its obligation set out at clause 5.2 shall be as provided for in Clause 5.3.  

Our maximum liability to you for any breach of our obligations, under this Terms and Privacy whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, or otherwise will be £100 (one hundred pounds).                    . 

You shall fully indemnify and hold harmless HAGER on demand, and shall keep HAGER fully and effectively indemnified against any and all losses incurred by, or asserted against HAGER, arising out of or in connection with: 

19.1.16 any breach of Your obligations here (other than and to the extent that any losses arise directly from breach of these Terms by HAGER or through HAGER’s negligence);  

19.1.17 any action or claim that any part of the Your Content uploaded by You to the Hager Pilot App is infringing the Intellectual Property Rights of a third party or is deemed inappropriate content; or,  

19.1.18 any complaint made by another User about You. 

You agree that monetary damages may not provide a sufficient remedy to HAGER for violations of these Terms and You.  

Except as expressly set out in these Terms, HAGER gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law. 

20. TERMINATION, CONSEQUENCES OF TERMINATION AND SURVIVAL 

Termination. Without limiting any of Our other rights, We may suspend or terminate these Terms with You or revoke Your access to Hager Pilot App with immediate effect by giving written notice to You if: 

20.1.1 You commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 5 (five) days of You being notified in writing to do so; 

20.1.2 We reserve the right to cancel the contract between Us and Your account if: 

We do not/can no longer deliver services to You or to Your geographical area;  

20.1.3 If We cancel Your contract We will notify You by email. We will not be obliged to offer any additional compensation for any disappointment suffered. 

Consequences of termination. Termination of these Terms will not affect any rights and remedies that have accrued before termination. 

Survival. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect. 

21. COMMUNICATIONS BETWEEN US 

When We refer to "in writing" in these Terms, this includes e-mail. 

Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or e-mail. 

A notice or other communication is deemed to have been received:  

21.1.1 if delivered personally, on signature of a delivery receipt [or at the time the notice is left at the proper address;  

21.1.2 if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am (GMT) on the second working day after posting; or 

21.1.3 if sent by e-mail, at 9.00 am (GMT) the next working day after transmission. 

In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.  

The provisions of this clause 18 will not apply to the service of any proceedings or other documents in any legal action. 

22. GENERAL 

ASSIGNMENT: We may transfer (assign) our obligations and rights under these Terms to a third party (this may happen, for example, if We sell our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them. You may not transfer (assign) Your obligations and rights under these Terms without Our express written consent. 

COMPLAINTS: HAGER tries to meet the highest standards when providing the  Services. We take any complaints We receive about this very seriously. We are the first point of contact for all complaints and We welcome any suggestions for improving our procedures. We are responsible for solving any disagreements quickly and efficiently.  

ENFORCEABILITY: If any one or more of the provisions herein should be held to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired and HAGER shall amend these Terms to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable. 

ENTIRE AGREEMENT: The Terms (which includes by reference the Additional Terms) constitutes the entire agreement and understanding between You and HAGER with respect to the use of the Hager Pilot App and supersedes any and all prior agreements, arrangements and understandings relating to the matters provided for herein. You acknowledge that You have not relied on any oral or written representations made by HAGER in entering into these Terms, You irrevocably and unconditionally waive any right You may have to rescind the Terms herein or claim damages for misrepresentation, whether innocent or negligent, or breach of any warranty not contained herein or implied by operation of law. 

FORCE MAJEURE: We reserve the right to cancel or revoke the provision of any of the Services with no liability to You if We are prevented from, or delayed in, carrying on our business by a Force Majeure Event. 

SEVERABILITY: Each of the Terms in here operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining Terms will remain in full force and effect. 

STATUS: These Terms are not intended to create any partnership or joint venture relationship between You and HAGER or authorise any party to act as agent for the other party, and no party shall have the authority to act in the name of, or on behalf of, or otherwise to bind the other party in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power). 

THIRD PARTIES: These Terms are not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms. 

NO WAIVER: Failure by either HAGER to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion. 

LAW AND JURISDICTION: These Terms are governed by English law and in case of any disputes the parties to these Terms agree to the exclusive jurisdiction of the relevant courts of England and Wales.