TERMS OF USE OF THE FAKRO CONNECT APPLICATION
PLEASE READ THESE TERMS CAREFULLY

By clicking on the "accept" button below you agree to these terms which will bind you.
If you do not agree to these terms, click on the "reject" button below.

Definitions of basic concepts

1. Application - this is the FAKRO Connect mobile application, linked to the "FAKRO Professional" loyalty program https://play.google.com/store/apps/details?id=com.fakro.connect, https://apps.apple.com/app/id6502438854 in which Users can collect points, exchange them for prizes, communicate with the Application Owner, use product materials, read and receive messages via the Internet.
2. Application Owner - Fakro GB Limited is a limited company registered in England and Wales under company number 04009932 and have a registered office at Fakro House, Astron Business Park, Hearthcote Road, Swadlincote, Derbyshire DE11 9DW, hereinafter referred to as the "Application Owner".
3. Application Regulations - this document contains the terms of registration and terms of use of the Application. The Application User agrees to comply with these Regulations and to the collection, processing and use of their data in the manner described in the Application Privacy Policy https://fakro.center/en-gb/privacy-policy/, which explains how the Application Owner collects, uses and stores the User’s personal data.
4. User - 3 types of users can use the Application:
   1. Unregistered User - a user who has downloaded the Application but has not registered. This user does not have access to the full functionality of the Application,
   2. Registered User, hereinafter referred to as the "Company Owner" - a user who has downloaded the Application and registered. This User may be a natural person, a legal person or an organisational unit without legal personality, to whom the applicable law grants legal capacity, collecting points and exchanging them for prizes as part of the business activity conducted in accordance with the principles specified in the Regulations. Whenever the Regulations refer to the User, they should be understood as both a roofer, assembler and installer who conducts business activity such as the following:
      1. Construction works related to the construction of residential and non-residential buildings
      2. Construction of roof structures and roof coverings,
      3. Installation of building joinery,
      4. Carrying out other construction finishing works,
      5. Other specialised construction works, not elsewhere classified,
      6. Carrying out electrical installations.
   3. Registered User, hereinafter referred to as "Employee" - a user who is employed in the company of the Company Owner, received a link to register, downloaded the Application and registered. The Employee is a natural person who does not conduct business activity, whose account has been linked to the account of the Company Owner. The Employee collects points on the account of the Company Owner, but cannot exchange them for prizes.
5. User Account - a set of information about the registered Application User,
6. Registration - consists in particular filling out the registration form available in the Application, automatic verification of the data provided by the, reading the Application Regulations and expressing consent to the collection and processing of the User's personal data to the extent specified in these Regulations and in the Privacy Policy,
7. Points - points collected on the User Account, collected in accordance with the rules of the loyalty program "FAKRO Specialist Program". More information on collecting Points and exchanging them for prizes is available in the Terms and Conditions for the FAKRO CONNECT Programme. https://fakro.center/en-gb/terms-of-program/
8. Push Notifications - a type of message that can be sent directly to the User's mobile device. These notifications can be sent by the Application Owner only if the user has installed the FAKRO CONNECT application and has the Push notifications function enabled in the mobile device settings.

General provisions

1. These Regulations define the terms and conditions of use of the Application.
2. The User is obliged to read the Regulations. The Application may be used only after accepting the provisions of these Regulations. If the User does not agree to the Regulations, they must not use the Application.
3. The User is obliged to use the Application in a manner consistent with applicable law, social and moral norms and the provisions of these Regulations.
4. The Application Owner is not responsible for any limitations or technical problems of the IT systems used by the Users' devices, resulting in the impossibility or limitation of using the Application.

Terms and Conditions of Use of the Application

1. Use of the Application is free and voluntary. The User may not transfer the Application to someone else, whether for money, for anything else or for free. If the User sells any device on which the Application is installed, the User must remove from the Application from it.
2. In order to use the Application, the User must download the mobile application to their mobile device, which will require Internet access. The minimum hardware requirements and types of mobile devices to which the application containing the Service can be downloaded are described in §4 of the Regulations.
3. The User completes the Registration and sets up a User Account in the Application by filling out the appropriate registration form. During the Registration, the User consents to the collection and processing of personal data in accordance with the Application Privacy Policy https://fakro.center/en-gb/privacy-policy/, and confirms that they have read and accepted these Terms and Conditions.
4. If incomplete information is provided during registration, a User account will not be created.
5. All data provided by the User during Registration must relate to the User. It is prohibited to provide false data or data that does not relate to the User.
6. The User always gains access to the Account after logging in, i.e. entering the e-mail address and password in the Application. The User is responsible for treating the login details as confidential and shall not disclose it to any third party.
7. In the event of a breach of confidentiality of his/her login and password, a Registered User should immediately report this fact to the Application Owner and change the password for the account on the Application immediately.
8. The Application Owner has the right to disable any User’s account at any time, if it is of their reasonable opinion that the User has failed to comply with any provisions of these Regulations.
9. As part of the use of the Application, the User's personal data is processed in the form of: name, surname, mobile phone number, e-mail address, company's tax identification number, company's registered office address.
10. The Application allows the User to use the following functionalities:
    1. access to marketing materials and information about FAKRO products - applies to all categories of Users,
    2. collecting, saving and exchanging points for rewards in accordance with the Loyalty Program - applies to the Company Owner,
    3. access to information about the current number of points collected by the Company Owner - applies to the Company Owner and the Employee,
    4. access to the contact form with the Application Owner - applies to all categories of Users,
    5. scanning QR codes placed in installation instructions or on FAKRO products - applies to the Employee and the Company Owner,
    6. uploading and sending photos and videos - applies to all categories of Users.
11. The User using the Application may receive Push Notifications directly on their mobile device.
12. Push Notifications provide information about: current industry and company events, organised training sessions, competitions and other promotional campaigns.
13. The User may disable the option of sending Push Notifications in the notification settings in the Application.
14. The User shall not conduct, facilitate, authorise or permit any text or data mining or scraping in relation to the Application or any services provided via, or in relation to, the Application for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):
    1. 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 Application or any data, content, information or services accessed via the same.
    2. Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.
15. The provisions in this §3 point 16 should be treated as an express reservation of the Application Owner’s rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).
16. The Application Owner will consider any content the User uploads to the Application to be non-confidential and not protected by any trade mark, patent or copyright ("non-proprietary"), that is, in the public domain. The User owns their content, but the User is required to grant the Application Owner and other users of the Application a limited licence to use, store and copy that content and to distribute and make it available to others.
17. The Application Owner also have the right to disclose the User’s identity to anyone who is claiming that any content posted or uploaded by the User to the Application violates their intellectual property rights or their right to privacy.
18. When the User uploads or posts content to the Application, the User grants the Application Owner a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform that user-generated content solely in connection with the service provided by the Application.
19. The content on the Application is provided for general information only. It is not intended to amount to advice on which the User should rely. The User must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Application. Although the Application Owner make reasonable efforts to update the information on our site, the Application Owner make no representations, warranties or guarantees, whether express or implied, that the content on the Application is accurate, complete or up to date.
20. The Application may contain links to other independent websites which are not provided by the Application Owner. Such independent sites are not under the Application Owner’s control, and the Application Owner is not responsible for and have not checked and approved their content or their privacy policies (if any).
21. All intellectual property rights in the Application throughout the world belong to the Application Owner or its licensors and the rights in the Application is licensed to the User. The User does not have any intellectual property rights in the Application other than the right to use them in accordance with these terms.

Technical conditions for using the Application

1. The "FAKRO Connect" application can be downloaded from theGoogle Play or App stores Store depending on the operating system on the mobile device. The application can be downloaded to mobile devices with Internet access and operating on the basis of the Android or IOS operating system, in particular such as smartphones, tablets.
2. To download, launch and ensure proper operation of all functions of the Application, it is necessary to have or activate the following functions of a mobile device: an active Internet connection or an active Wi-Fi connection, an active e-mail account, as well as the functionality of giving the Application access to the device's camera or memory.
3. The Owner of the Application is not responsible for any limitations or technical problems in the IT systems used by the Users' devices that prevent or limit the use of the Application.
4. The Application Owner may update the Application to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively the Application Owner may ask the User to update the Application for these reasons. If the User chooses not to install such updates or if the User opts out of automatic updates the User may not be able to continue using the Application. The Application Owner does not guarantee its correct operation if the User does not update the Application on their mobile device.

Personal data protection

1. Detailed information on how the Application Owners processes the User’s personal data can be found in the Application Privacy Policy https://fakro.center/en-gb/privacy-policy/.

Restrictions for the User

1. The User agrees that they will:
   1. not rent, lease, sub-license, loan, provide, or otherwise make available, the Application in any form, in whole or in part to any person without prior written consent from the Application Owner;
   2. not copy the Application except as part of the normal use of the Application or where it is necessary for the purpose of back-up or operational security;
   3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the Application nor permit the Application or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Application on devices as permitted in these terms;
   4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Application 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 Application to obtain the information necessary to create an independent program that can be operated with the Application or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
   5. is not disclosed or communicated without the Application Owner’s 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; and
   6. is not used to create any software that is substantially similar in its expression to the Application;
   7. is kept secure; and
   8. is used only for the Permitted Objective;
   9. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Application.
2. The User must:
   1. not use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Application or any operating system;
   2. not infringe the Application Owner’s intellectual property rights or those of any third party in relation to your use of the Application (to the extent that such use is not licensed by these terms);
   3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to the User’s use of the Application;
   4. not use the Application in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
   5. not collect or harvest any information or data from any of the Application Owner’s systems or attempt to decipher any transmissions to or from the servers running any service.

Responsibility and rights for the Application Owner

1. The Application Owner informs about the possible temporary unavailability of the Application due to the need to perform technical activities concerning software or hardware, such as an update or review. The unavailability of the Application may also be related to the unavailability or irregularities in the operation of the User's service providers, e.g. hosting service providers. The unavailability referred to in this point cannot constitute a basis for any claims against the Application Owner.
2. The Application Owner does not guarantee that the Application, or any content on it, will always be available or operate uninterruptedly or without any errors in operation or functionality. The Application Owner may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. The Application Owner will try to give you reasonable notice of any suspension or withdrawal.
3. The Application Owner does not exclude or limit any liability to the User where it would be unlawful to do so. This includes liability for death or personal injury caused by the Application Owner’s negligence or the negligence of their employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.
4. The Application Owner shall not be liable to the User or other third parties for any damages or losses incurred, including in particular damages arising directly or indirectly in connection with:
   1. use of the Application by the User or third parties on his behalf,
   2. any changes that the Application Owner may make,
   3. breach by the User of the confidentiality of data provided during registration or logging in,
   4. interruptions or failures in the operation of the Application resulting from any reasons, in particular those resulting from viruses, errors or other unspecified defects,
   5. any loss of profit, loss of business, business interruption, or loss of business opportunity.
5. The exclusions set out in §7 point 4 apply to liability that may arise on any legal basis.
6. Only the Application Owner has the right to make any changes to the Application and these Regulations. These changes will be made for a specific reason after prior notification to the Application Users, after 14 days from the date of providing information about the implemented changes.
7. Information about the changes introduced will be provided via the Application and in electronic form with a link to the annex to the Regulations.
8. If the User does not agree to the changes presented in the annex to the Regulations, he or she should uninstall the Application.
9. The User has the right to terminate the use of the Application at any time and without giving reasons by deleting the User Account.
10. Data collected in the User Account, the possession of which is necessary for the Application Owner from the point of view of applicable legal regulations, e.g. tax regulations, will be stored by the Application Owner for the period provided for by such regulations.
11. The Application Owner may delete the User Account if the User uses the Application illegally or in a manner contrary to the purposes of the Application.
12. The Application Owner is not responsible for events outside their control. If the Application Owner’s support for the Application is delayed by an event outside of their control then Application Owner will contact the User as soon as possible to let the User know and the Application Owner will take steps to minimise the effect of the delay. Provided the Application Owner does this, they will not be liable for delays caused by the event but if there is a risk of substantial delay the User may contact the Application Owner to end the contract.

Complaints

1. Complaints regarding the functioning of the Application should be submitted in writing to the following e-mail address: connect@fakrogb.com.
2. When submitting a complaint, the Application User must provide the following data: name, surname, e-mail address and a detailed description indicating the reason for the complaint.
3. Complaints will be considered by representatives of the Application Owner pursuant to these Regulations within 14 business days from the date of their receipt.
4. A response to a complaint will be sent to the e-mail address of the person submitting the complaint within 7 business days from the date of its consideration.
5. If the Application Owner restricts access to any content the User generates or uploads to or shares on the Application in a way that breaches these terms of service, the User has a right to bring a claim against the Application Owner for breach of contract.
6. If the Application Owner suspends or bans the User from using the Application in a way that breaches these terms of service, the User has a right to bring a claim against the Application Owner for breach of contract.

Final provisions

1. The Application Owner recommends that Users back up any content and data used in connection with the Application, to protect the Users in case of problems with the Application.
2. The Application has not been developed to meet individual User requirements. All Users should check that the facilities and functions of the Application meet their requirements.
3. The Application Owner may end the User’s rights to use the Application at any time if the User have broken any of the Regulations in a serious way. If the Application Owner ends the User’s rights to use the Application, the User will be informed and the User must:
   1. Stop all activities authorised by these Regulations, including use of the Application;
   2. Delete or remove the Application from all devices in their possession and immediately destroy all copies of the Application.
4. These Regulations do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms.
5. The rights and obligations of the Application User and the Application Owner are specified solely in these Regulations and applicable provisions are governed by English law.
6. Any disputes that may arise in connection with these Regulations, the parties will attempt to resolve the dispute amicably, in the event of failure to reach an agreement, they will be resolved by the courts of England and Wales which will have exclusive jurisdiction, except if the User is a resident of Northern Ireland they may also bring proceedings in Northern Ireland, and if the User is a resident of Scotland, they may also bring proceedings in Scotland.