PLEASE READ THESE USER AGREEMENT TERMS AND CONDITIONS CAREFULLY
This mobile application (the “App”) is published and made available by OEG Offshore Limited, a company registered in Scotland with number SC092719 and with registered address Cothal House, Cothal View, Pitmedden Road Industrial Estate, Dyce, Aberdeen, Aberdeenshire, AB21 0BA. (“OEG”, “us”, “we” or “our”). Our VAT registration number is : 125469800.
For the avoidance of doubt, “App” in these App Terms includes any services, documentation or content of any form we provide to you through the App.
1.0 User Details
You agree to receive text messages and emails via the App. You must provide certain compatible devices, operating platforms and data connections to use our App. For as long as you use our App, you consent to downloading and installing updates to our App, including automatically.
You agree to your online App status being available on the App which is visible to other users in your company location group (“User Group”). This status acknowledges your acceptance of the App Terms and that you have logged in to the App.
2.0 Your Privacy
3.0 App and Related Terms
The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple or Google Android (each being an “Operator”). Depending on the version of the App you have downloaded, these App Terms incorporate Apple (https://www.apple.com/legal/internet-services/itunes/us/terms.html) or Google (https://play.google.com/intl/de_us/about/play-terms.html) Android’s terms and conditions and Apple or Google Android’s privacy policies (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail. You can download and install the App on one device only with your User details. We may from time to time vary these App Terms. We will notify via the App with changes to the App Terms. We ask you review these changes fully before accepting. If you do not accept such notified changes, you will not have access to the App.
4.0 Use of the App
OEG hereby grants you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Apple or Android device (“Device”) as permitted by the applicable Apple / Google Platform Terms and in accordance with these App Terms (“User Licence”). All other rights in the App, including proprietary rights, are reserved by OEG.
If you download or stream the App onto a phone or other Device not owned by you, you must have the owner’s permission to do so. For the avoidance of doubt, this must be a Device as defined above. You will be responsible for complying with these App Terms, whether or not you own the phone or other Device.
You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
5.0 User Access
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our App security procedures, you must treat such information as strictly confidential, and you must not disclose it to any third party. 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 opinion you have failed to comply with any of the provisions of these App Terms.
6.0 User-Generated Content
OEG users may upload, and/or contribute (“Post”) content via the App (which may include, for example, pictures, text, messages, email addresses, information and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted via the OEG App as well as any other part of the OEG Service.
You promise that, with respect to any User Content you post on the App, (1) you have the right to post such User Content, and (2) such User Content, or its use by OEG as contemplated by the App Terms, does not violate the App Terms, the Applicable Law (as defined below), or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by OEG or any entity or individual without express written consent from such individual or entity.
OEG may, but has no obligation to, monitor, review, or edit User Content. In all cases, OEG reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in OEG’s sole discretion, violates the App Terms. OEG may take these actions without prior notification to you or any third party.
Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. OEG is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST OEG RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WILL INDEMNIFY AND HOLD OEG HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE LEGAL FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
7.0 Export Control
The App may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.
You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from OEG under the App Terms, or through the use of the App, to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorisation from the competent government authorities as required by those laws and regulations.
This export control clause shall survive termination or cancellation of the App Terms.
You agree that if anyone brings a claim against us related to you breaching any export control law or regulations whilst using the App, then, to the extent permissible under the Applicable Law, you will indemnify and hold OEG harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of such claim.
8.0 Intellectual Property
The OEG name and logo, and other graphics and logos used in connection with the App are trademarks of OEG (collectively “OEG Trademarks”). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”).
The OEG Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written consent of OEG or the applicable trademark holder. The App and the content featured in the App are protected by copyright and other intellectual property and proprietary rights which are reserved to OEG and its licensors.
OEG may assign the User Licence or any part of it, and OEG may delegate, assign, subcontract or transfer any of its obligations under the App Terms. You may not assign the User Licence or any part of them, nor assign or transfer or sub-license your rights under the User Licence, to any third party.
10.0 Prohibited Uses
You agree to not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App, or any part, to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these App Terms.
You agree not to use the App in any way that:
- is unlawful, illegal or unauthorised;
- is defamatory of any other person;
- is obscene or offensive;
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringes our intellectual property rights or any copyright, database right or trade mark of any other person;
- is likely to harass, upset, embarrass, alarm or annoy any other person;
- is likely to disrupt our service in any way; or
- advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You agree not to:
reproduce, duplicate, copy or re-sell the App, or any other part of the App, except as part of the normal use of the App, where it is permitted by these App Terms or where it is necessary for the purpose of back-up or operational security;
not use the App or any service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running any service.
In the event of your breach of these App Terms we will be entitled to terminate the User Licence immediately. If the breach is remediable, it is within our discretion to allow you to remedy this breach within 10 days of us becoming aware of the breach.
If we terminate your right to use the App:
You must stop all activities authorised by these terms, including your use of the App and any Services immediately.
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 and cease providing you with access to the App.
You agree to indemnify OEG for any breach of these App Terms. OEG reserves the right to control the defence and settlement of any third party claim for which you indemnify OEG under these App Terms and you will assist us in exercising such rights.
13.0 No Promises
OEG provides the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, OEG does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content.
All certification, documentation and other content on the App, may be out of date and OEG makes no commitment to update it.
To the fullest extent permitted by any Applicable Law, OEG hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.
14.0 Reliance on Information
The App is intended to provide information on OEG assets. The information provided through the App is correct at the time of publishing. If you have any doubts with regards to the information being provided you should contact OEG (contact details below) for further advice prior to taking, or refraining from taking, any action in reliance on any information contained in 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.
15.0 Exclusion of OEG’s Liability
Nothing in these App Terms shall exclude or in any way limit OEG’s liability for death or personal injury caused by its gross negligence, fraud, or any other liability to the extent the same may not be excluded or limited as a matter of law.
To the fullest extent permitted under the Applicable Law, in no event shall OEG be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device failure or malfunction.
OEG shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.
In the event that the Applicable Law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall OEG’s liability arising under or in connection with these App Terms and your use of the App exceed £20.
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 App Terms, or if we delay in taking steps against you in respect of your breaching the App Terms, 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.
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. These App Terms shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute between them arising under or in connection with these App Terms.
When you use the App you must comply with all applicable UK laws and with any applicable international laws, if using the App out with the UK, including the local laws in your country of residence (together referred to as “Applicable Laws”).
If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will remain in full force and effect.
17.0 Link To Third Parties
The App may contain links to websites operated by third parties (“Third Party Websites“). OEG does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
18.0 Technical Data About Your Device
By using the App or any of the Services, you agree to us collecting and using technical information about the Device you use the App on and related software, hardware and peripherals to improve our products and services to you.
19.0 We May Collect Location Data
Certain functions of the App will make use of location data sent from your Device and you will be prompted to allow access to determine your location in order to ensure accuracy of information being relayed to OEG. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these services, you consent to our transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.
20.0 App Crash Analytics
We record anonymised data (information with no recorded links to user personal data) with CrashLytics service by Fabric for:
- gauging the app usage
- identifying failures within the mobile app code so that developers are aware of issues to resolve in future updates.
21.0 Contact Us
If you have questions or wish to send us comments about this User Agreement, please contact us at:
Cothal House, Cothal View
Pitmedden Road Ind. Est.
Aberdeenshire – AB21 0BA
Or email us at : app at oegoffshore dot com