PLEASE READ THESE LICENCE TERMS CAREFULLY
BY USING THE “MY COLOUR BY JOHNSTONE’S” APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE APP.
Who we are and what this agreement does
We PPG Architectural Coatings UK Limited of Huddersfield Road, Birstall, Batley, West Yorkshire WF17 9XA license you to use the MY colour by Johnstone’s mobile application software, the data supplied with the software (App) and any updates or supplements to it for the purpose of the following functionalities:
Find your perfect paint colour in minutes and get paint colour samples delivered to your home. The MY colour by Johnstone’s App is an easy to use paint colour tool to browse or search through MY colour extensive paint colour library, preview each paint colour on different room or exterior options, match any paint colour from your own photos, or get a paint colour palette curated just for you with our personal colour finder. You can also scroll through our paint colour recommendations and get inspired by our popular colours.
The related online and electronic documentation (Documentation) as permitted in these terms.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Apple appstore and google playstore terms also apply
The ways in which you can use the App and Documentation may also be controlled by the respective rules and policies of each of Apple Appstore and Google Playstore as updated from time to time and such rules and policies will apply instead of these terms where there are differences between the two.
Operating system requirements
This app requres a mobile phone or tablet device with sufficient memory and the Apple operating system v iOS10 and Google operating system Android 8.
Support for the App and how to tell us about problems
Support. If you want to learn more about the App or have any problems using them please take a look at our support resources at www.johnstonespaint.com.
Contacting us (including with complaints). If you think the App is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at email@example.com or call them on 01924 354354.
How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with these terms you may:
· use any Documentation to support your permitted use of the App.
· 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.
You must be 18 to accept these terms and USE the app
You must be 18 or over to accept these terms and use the App.
You may not transfer the App to someone else
We are giving you personally the right to use the App as set out above in the section "HOW YOU MAY USE THE APP etc". Whilst you may have sharing rights as set out above, you may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We reserve the right to make changes to the App and these terms at any time.
If you do not accept the notified changes you may continue to use the App in accordance with the existing terms but certain new features may not be available to you.
Update to the App
From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App 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 App.
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, 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 related software, hardware and peripherals to improve our products.
Some App functionalities may allow you to upload photographs of your personal spaces in order to visualise your project or to turn on your camera to measure the colour. We do not retain these pictures on our servers in order to provide our services to you. They are stored on your own device. The App obtains the access to your camera only upon your permission.
We are not responsible for other websites you link to
The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
· except in the course of permitted sharing (see section "HOW YOU MAY USE THE APP etc") not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
· not copy the App or Documentation, except as part of the normal use of the App 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 App, Documentation nor permit the App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
· not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App 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 App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
· is not disclosed or communicated without the Licensor'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
· is not used to create any software that is substantially similar in its expression to the App;
· is kept secure; and
· is used only for the Permitted Objective;
· comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
Acceptable use restrictions
· not use the App 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 App or any operating system;
· not infringe our intellectual property rights or those of any third party in relation to your use of the App, including by the submission of any material (to the extent that such use is not licensed by these terms);
· not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
· not use the Appin a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.Intellectual property rights.
All intellectual property rights in the App and the Documentation throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation other than the right to use them in accordance with these terms.
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, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms 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, 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, 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.
We are not liable for business losses. The App is for domestic and private use. If you use the App for 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 App. The App is provided for general information purposes only. They 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 App. Although we make reasonable efforts to update the information provided by the App , we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. In particular, if you use the Visualiser facility, the colours will not be 100% accurate. Any colours represented in the App will only ever be an indication of the selected codes, and paint colours may vary depending on a variety of conditions not limited to the surface to which the paint is applied. However, we will endeavour to recreate the colours in the App as closely as possible, given the current technology available. The information in the App should not be relied on and does not constitute any form of advice or recommendation. By using the App you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to in the App are entirely at your sole risk and responsibility. Nothing in the App is intended to be nor should be construed as an offer by us to enter into a contractual relationship. Any order that you place for goods following access of information on this App will be construed as your offer to purchase such goods or services subject only to Valtti Limited’s Standard Terms and Conditions of Sale.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.
Check that the App are suitable for you. The App have not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the appstore site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of support for the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
We may end your rights to use the App and take legal action if you break these terms
We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App :
· You must stop all activities authorised by these terms, including your use of 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.
· We may remotely access your devices and remove the App from them.
We also reserve the right to take legal action against you, to the maximum extent permitted by law, in the event of any damage or request for compensation by third parties.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms 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 to another person if we agree in writing.
No rights for third parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms 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, or if we delay in taking steps against you in respect of your breaking this contract, 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 are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.