PORTAL ONLINE INTERFACE AND LINK PRO APP TERMS OF USE
PLEASE READ THESE TERMS of use CAREFULLY
BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS OF USE WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT CLICK ON THE “ACCEPT” BUTTON BELOW. PLEASE NOTE THAT IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU WILL NOT BE ABLE TO USE THE PORTAL SITE OR THE APP.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
Ideal Boilers Limited ("we") are registered in England and Wales under company number 00322137 and have our registered office at National Avenue, Hull HU5 4JN. We operate:
(a) the Ideal Link Pro wireless, remote control central heating functionality mobile application ("App") which includes any content or data that is accessed, and the service provided, via the App; and
(b) the Portal online interface for installers available at www.installeridealheating.com ("Portal Site"),
together referred to, the "Portal Tools" (as applicable).
We license you to use the Portal Tools in accordance with these Terms of Use. We are a limited company. Our main trading address is:
Ideal Boilers Limited
National Avenue
Hull
HU5 4JB.
Our VAT number is GB401955174
To contact our customer service team, please email enquiries@idealheating.com or telephone 01482 498660.
By using the Portal Tools you accept these Terms of Use and you agree to comply with them. If you do not agree to these Terms of Use, you must not use our Portal Tools.
YOUR PRIVACY
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice which can be accessed at https://idealheating.com/link-app-privacy-policy.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or the Portal Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
APPLE AND GOOGLE TERMS ALSO APPLY
The ways in which you can use the App may also be controlled by Apple or Google's rules and policies and Apple or Google's rules and policies will apply instead of these Terms of Use where there are differences between the two (see https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html and https://play.google.com/about/play-terms/index.html).
APP OPERATING SYSTEM REQUIREMENTS
The App requires an internet enabled smart phone or tablet device with a minimum of either iOS 12 or above, or Android 8 (Oreo) or above. It is recommended that the device has at least 1GB RAM.
Where the App runs on iOS 12 or above, the App uses a Bluetooth connection as part of the overall operating system. This connectivity involves the App using location data sent from the device.
SUPPORT FOR THE PORTAL TOOLS AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the Portal Tools or have any problems using it please take a look at our support resources at https://idealtouch.idealboilers.com/support/faqs.
Contacting us (including with complaints). If you think either the Portal Site or the App (as applicable) is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at enquiries@idealheating.com or call them on 01482 498660.
How we will communicate with you. If we have to contact you we will do so by email, using the contact details you have provided to us.
HOW YOU MAY USE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
You may:
· download a copy of the App onto any number of compatible devices and view, use and display the App on such devices solely for business purposes in connection with the monitoring of the performance of a customer boiler; and
· receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
The Portal Site is only for use by installers or individuals who are performing activities as part of our customer service team.
The Portal Tools are not for personal use. More specifically, individuals who are part of our customer service team must not use the Portal Tools to manage, monitor or otherwise interact with their own central heating appliances.
If you sell any device on which the App is installed, you must remove the App from it.
YOU MUST BE 18 TO DOWNLOAD THE APP AND/OR USE THE PORTAL SITE
You must be 18 or over to accept these Terms of Use, download the App and/or use the Portal Site.
UPDATES TO THE PORTAL TOOLS AND CHANGES TO THE SERVICE
From time to time we may automatically update the Portal Tools to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the Portal Tools for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Portal Tools.
WE MAY SUSPEND OR
WITHDRAW the PORTAL TOOLS
We do not guarantee that the Portal Site or App (as applicable), or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Portal Site or App (as applicable) for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
CHANGES TO THESE TERMS OF USE
We may need to change these Terms of Use to reflect changes in law or best practice or to deal with additional features which we introduce, such as the Connect database.
We will give you at least 30 days' notice of any change by sending you an email with details of the change or notifying you of a change when you next start the Portal Tools.
If you do not accept the notified changes you will not be permitted to continue to use the Portal Tools.
THE PORTAL TOOLS ARE ONLY FOR USERS IN THE UK AND REPUBLIC OF IRELAND
The Portal Tools are directed to people residing in United Kingdom and the Republic of Ireland. We do not represent that the Portal Tools are appropriate for use or available in other locations.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
You are also responsible for ensuring that all persons who access the Portal Site, whether via the Connect database or otherwise through your internet connection, are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
If you know or suspect that anyone other than you knows your user identification code, login details or password, you must promptly notify our customer service team, please enquiries@idealheating.com or call them on 01482 498660.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms of Use, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App, you agree to us collecting and using technical information about the devices you use the App on, and in connection with, to improve our products and to provide any services to you, including to ascertain other trends in boiler usage in order to develop predictive or preventative maintenance processes or tools. To the extent that this technical data is personal data, please see our Privacy Notice https://idealheating.com/link-app-privacy-policy.
LICENCE RESTRICTIONS
You agree that you will:
· not rent, lease, sub-license, loan, provide, or otherwise make available, the Portal Tools in any form, in whole or in part to any person without prior written consent from us;
· not copy the Portal Tools except as part of the normal use of the Portal Tools or where it is necessary for the purpose of back-up or operational security;
· not translate, merge, adapt, vary, alter or modify, the whole or any part of the Portal Tools nor permit the Portal Tools to be combined with, or become incorporated in, any other programs, except as necessary to use the Portal Tools on devices as permitted in these Terms of Use;
· not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Portal Tools nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Portal Tools to obtain the information necessary to create an independent program that can be operated with the Portal Tools or with another program ("Permitted Objective"), and provided that the information obtained by you during such activities:
· is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
· is not used to create any software that is substantially similar in its expression to the Portal Tools;
· is kept secure; and
· is used only for the Permitted Objective; and
· comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Portal Tools.
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Portal Tools or any services provided via, or in relation to, the Portal Tools. This includes using (or permitting, authorising or attempting the use of):
· Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
· Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
· The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This section shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
ACCEPTABLE USE RESTRICTIONS
You must:
· not use the Portal Tools in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, into the Portal Tools, or any operating system;
· not infringe our intellectual property rights or those of any third party in relation to your use of the Portal Tools (to the extent that such use is not licensed by these Terms of Use);
· not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Portal Tools;
· not use the Portal Tools in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
· not attempt to gain unauthorised access to the Portal Tools, the server on which our site is stored or any server, computer or database connected to our site; and
· not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the Portal Tools.
You must not attack the Portal Tools via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Portal Tools will cease immediately.
HOW YOU MAY USE THE MATERIAL ON THE PORTAL TOOLS
We are the owner or the licensee of all intellectual property rights in the Portal Tools, and in the material published on them. Those works are protected by copyright laws and treaties around the world. We are the registered proprietor of the trade mark of [Link]. All such rights are reserved.
You have no intellectual property rights in, or to, the Portal Tools other than the right to use them in accordance with these Terms of Use.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Portal Tools must always be acknowledged (except where the content is user-generated).
If you print off, copy, download, share or repost any part of the Portal Tools in breach of these Terms of Use, your right to use the Portal Tools will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post content to the Portal Tools or data is collected by the Portal Tools, you grant us the following rights to use that content or data:
· a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Portal Tools and across different media forever; and
· a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of the Portal Tools forever.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms of Use or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms of Use, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Business related losses. If you use the Portal Tools for or in connection with any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the Portal Tools. The Portal Tools do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Portal Tools. Although we make reasonable efforts to update the information provided by the Portal Tools, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the Portal Tools. We recommend that you back up any content and data used in connection with the Portal Tools, to protect yourself in case of problems with the Portal Tools. You are solely responsible for securing and backing up your content.
Check that the Portal Tools are suitable for you. The Portal Tools have not been developed to meet your individual requirements. Please check that the facilities and functions of the Portal Tools (for example, as described on the app store site) meet your requirements.
What we will not be responsible for. We will not be responsible for any costs, loss or damage that you or anyone else suffers as result of:
· not using the Portal Tools in line with our instructions;
· events outside of our control;
· exceeding your permitted data limit on your broadband or mobile data packages; or
· problems caused by smartphone, computer, internet browsers or internet connection.
We will not be responsible for viruses. We do not guarantee that the Portal Tools will be secure or free from bugs or viruses.
You are responsible for configuring your device to access the Portal Tools. You should use your own virus protection software.
We are not responsible for websites we link to. Where the Portal Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
WE MAY END YOUR RIGHTS TO USE THE PORTAL TOOLS IF YOU BREAK THESE TERMS OF USE
We may end your rights to use the Portal Tools at any time by using reasonable endeavours to contact you or by disabling your log in credentials if you have broken these Terms of Use in a serious way. If what you have done can be put right we may give you a reasonable opportunity to do so.
If we end your rights to use the Portal Tools:
· you must stop all activities authorised by these Terms of Use, including your use of the Portal Tools;
· in relation to the App:
· you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and
· we may remotely access your devices and remove the App from them.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these Terms of Use to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these Terms of Use to another person or organisation if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
The agreement set out in these Terms of Use does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Use.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of you breaching these Terms of Use , that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These Terms of Use are governed by English law and you can bring legal proceedings in respect of these Terms of Use in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms of Use in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms of Use in either the Northern Irish or the English courts. If you live in the Republic of Ireland you can bring legal proceedings in respect of these Terms of Use in either the Irish or the English courts.
Consent to installation of the App/Provision of transparency information
Under data protection laws, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data. This information is provided in our Privacy Notice which is available https://idealheating.com/link-app-privacy-policy and it is important that you read that information.
By accepting these Terms of Use you indicate your consent to the installation/use of the App on your device:
You may change your mind and withdraw consent at any time by contacting us at enquires@idealheating.com.