Website Terms & Conditions
This Agreement sets out the terms and conditions relating to the online content provided free of charge and content subject to payment (“Free and Paid-for Content”) gApps (“the Siteowner”) will provide to you (“the User”). By accessing www.geneticapps.co.uk (“the Site”) the User is agreeing to the terms and conditions below. If the User uses the Site in the course of business the User is also agreeing to these terms and conditions on behalf of that business. If the User does not agree with the terms and conditions (or the User is not authorised to do so) the User should not use the Site. If the User has any questions they should contact the Siteowner
Services and Fees
The Siteowner shall provide Free and Paid-for Content. This includes a subscription for Paid-for Content available. The Siteowner reserves the right to vary the Free and Paid-for Content and does not guarantee that the content provided free of charge (“Free Content”) will remain free of charge and does not guarantee that the content provided subject to payment (“Paid-for Content”) will remain a paid-for service.
The User shall agree to pay any fees including subscriotion fees (“Fees”) at rates in effect when the charges are incurred. The User must provide the Siteowner with complete and accurate payment information. The User can pay using a credit or debit card or by setting up a standing order. By submitting PayPal details to the Siteowner the User warrants that they are entitled to purchase the Paid-for Content using those payment details. In the event of an unauthorised payment the Siteowner reserves the right to suspend or terminate the User’s access to the Site and Paid-for Content. If no payment authorisation is received or payment authorisation is subsequently cancelled, the Siteowner may immediately terminate or suspend access to any Paid-for Content and/or the Site.
The Siteowner will try to process the User’s request for any Paid-for Content promptly but does not guarantee that the Paid-for Content will be available to the User by any specified time. A contract with the User for a Paid-for Content will come into effect when the Username and Password are issued to the User.
The User having paid the Fee for a subscription for the supply of Paid-for Content for a defined period the User will have no right of cancellation for the supply of the Paid-for Content other than the right to cancel the subscription for Paid-for Content. This does not affect the User’s statutory rights.
Your Use of the Services. As a condition of your use of the Services, you agree to do the following:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary; and
- Review and comply with notices sent by gApps concerning the Services.
User Content
Your Responsibility For the Content You Submit
The Services may enable you to provide, submit, post, upload, or otherwise make available via the Website, email, telephone, online survey, or otherwise (collectively, “submit”) content such as reviews, comments, messages, and other content (collectively, “User Content”) that may or may not be viewable by other users.
You acknowledge and agree that you are solely responsible for all User Content you submit. Once User Content is submitted, it cannot be withdrawn. Any User Content you submit must be accurate and up to date. You agree that you have all required rights to submit, use, or disseminate such User Content without violating any third-party rights.
You assume all risk for any User Content you submit, including anyone’s reliance upon such User Content. You may expose yourself to liability if you submit User Content that is false, misleading, defamatory, violates any third-party right or contractual restriction or contains unlawful material. You agree that you will indemnify, defend, and hold harmless the Siteowner for all claims resulting from User Content that you submit, including but not limited to claims alleging defamation. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.
You further acknowledge and agree that we reserve the right, in our sole discretion, to reject, move, edit, or remove any User Content that is contributed to the Services for any reason or no reason, but we do not assume the obligation. For example, we may remove a review if we, in our sole discretion, believe it violations our content guidelines. The Siteowner has no obligation to retain or provide you copies of the User Content.
Your Risk in Using User Content
You acknowledge and agree that we do not verify, adopt, ratify, or sanction User Content and that you must evaluate and bear all risks associated with your use of or reliance on User Content. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise and any ranking on the Services does not constitute or imply endorsement or recommendation thereof by the Siteowner. User Content and rankings consist of the opinions of third-parties and may contain inaccuracies. Clutch makes no assurances regarding the quality, accuracy, or reliability of any User Content or rankings on the Services. You also understand that by using the Services, you may be exposed to User Content that you may consider offensive or objectionable.
From time to time, the Siteowner may provide incentives to encourage users to submit reviews. Any such incentives are not dependent on whether the review is positive or negative.
The Siteowner is under no obligation to enforce the Terms on your behalf. You may notify us if you believe another user has violated the Terms; however, the Siteowner reserves the right, in its sole discretion to investigate violations of and enforce the Terms.
Your Risks in Leveraging the gApps Directory and Consultancy Services (the “Service”)
gApps is an identification, verification and source tool for professional services providers (“Vendors”) and potential clients of such providers seeking quality services (“Clients”). The Siteowner is not a participant in any engagements between any such Vendors and/or Clients. Any engagement between you and any counter parties identified through the Service, is at your own risk. The Siteowner recommends that Vendors and Clients contract through appropriate legal services contracts, as reviewed and approved by respective legal counsel. The Service does not guarantee results and the Siteowner will not be liable for any issues arising between Vendors and Clients, as such relationship is a private contract between third parties (e.g., the Siteowner is not a party to any such agreements). The Siteowner has and will have no formal relationship in any such private contract and the Siteowner does not and will not assume any liabilities, indemnifications, warranties or any other obligations. By using this Service, Vendors and Clients agree that the Siteowner will bear no such responsibility as set forth in the previous sentence.
Clients should note that the Siteowner does not guarantee or endorse the gApps verified or sponsored Vendors. The Siteowner does not prefer or endorse the services of any one of the Vendors featured within the website and directory. The Siteowner does not work as a representative of the agencies or Vendors featured on the platform and does not receive any fee in any capacity as a broker, representative, agent or other related party. Any fees earned by the Siteowner are solely in connection with the maintenance and provision of the Site and the Services.
The information disclosed during the directory listing and verification process is subject to our Privacy Policy. By using the services of gApps, the user may share some personal information, as defined in the Privacy Policy, as well as information concerning the user’s needs. All users of the gApps directory share this information with service providers that are featured on the gApps platform as well as our affiliate network and partners.
By sending the Siteowner this information, all users agree to be contacted the by Siteowner, any service providers that are featured on the gApps website and directory, as well as by the Siteowner affiliate network and partners, by phone, by fax, by email, by mail or by any other reasonable means of communications, using the phone numbers and addresses that the user has provided in their project request form.
If the information submitted by the user, is fully or partially inaccurate, or the Siteowner has any reasonable grounds to believe that the information is inaccurate, not up-to-date, false or incomplete, the Siteowner reserves the right to refuse the processing of the project request form.
The profiles that appear on gApps are for informational purposes only. Despite our efforts to provide useful and the most accurate information, errors may appear from time to time, usually as a result of user-generated content, but potentially for a number of reasons. The Siteowner does its best to keep up with the errors and correct them as soon as possible. Even though the Siteowner does our best in this regard, the Siteowner is not responsible for such errors. Before services from the Vendors found on the gApps website are purchased, Clients should confirm with the Vendor all information and conduct their own evaluation as to whether the Vendor is suitable for the Client project. The Siteowner is not responsible for, and does not guarantee the performance of any Services provided by the Vendors featured on the platform.
gApps License to User Content
When you submit User Content on or through your use of the Services, you grant us a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable and sub-licensable license, subject to these Terms, to use the User Content for any purpose, including to use, publish, reformat, copy, distribute, reproduce, modify, edit, adapt, publicly perform, translate, and create derivative works from such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for providing, promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels, without any further consent, notice and/or compensation to you or to any third-parties.
The Siteowner and its licensees may publicly display advertisements and other information adjacent to or included with User Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Registration, Passwords and Privacy The use of the Site signifies the User’s consent to the Siteowner collecting and using personal information about the User in accordance with the Siteowner’s Privacy Policy. The User can read the Privacy Policy here. The User does not have to register to use the Site in order to access it and enjoy the content other than the Paid-for Content. If the User wishes to access the Paid-for Content the User will be asked to provide the Siteowner with accurate, complete registration information, including contact details, and it is the User’s responsibility to update and maintain this information. The Siteowner is entitled to rely on this information to provide Paid-for Content. The User will also be requested to create a Password in a format specified by the Siteowner (“the Password”). The User shall not disclose the Password to any other person or entity and shall ensure that the Password remains confidential at all times. In the event that the User knows or has a reasonable suspicion that a third party knows the User’s Password, the User shall notify the Siteowner immediately by contacting the Siteowner. If the Siteowner has reasonable grounds for believing that the User has misused or is misusing the Password, the Siteowner may require the User to change the Password or may suspend the User’s use of the access to the Site, including Paid-for Content, until such time as the Siteowner is satisfied that the security of the Site is no longer compromised by the User’s activities. Ownership and Intellectual Property As between you and the Siteowner, you own the User Content you submit. The Siteowner owns all content other than User Content, including all features, graphics, design, code, compilation of User Content, Website, aggregate reviews and ratings, and all other components of the Services. The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, the Siteowner and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Limitations on Use of the Site All content and services provided by the Siteowner belongs to the Siteowner. The Siteowner owns all the intellectual property rights in the content and services. The content and services provided are solely for the personal use of the User and the User shall not sub-license, distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any content or service provided under this Agreement. The User shall not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or services. The User shall not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any intellectual property rights owned or used by the Siteowner or its licensors or otherwise relating to the Site. Limitation of Liability and Indemnity The User expressly agrees that the use of, and browsing of the Site is at the User’s own risk. Neither the Siteowner nor any other party involved in creating, producing or delivering the Site, is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of the User’s access to, or use of, or inability to use the Site or any linked site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or resulting from any unauthorised access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages. The User expressly agrees that the downloading of any material form the Site is at the User’s own risk. Neither the Siteowner nor any other party involved in creating, producing or delivering the Site, is liable for any direct, incidental, special, consequential, indirect or punitive damages resulting from the User downloading material from the Site or any linked site, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages. Without limiting the foregoing, everything on the Site is provided to the User “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to every User. The User must check their local laws for any restrictions or limitations regarding the exclusion of implied warranties. While the Siteowner will use reasonable efforts to include accurate and up to date information on the Site, the Siteowner makes no warranties or representations as to its accuracy or completeness. The Siteowner is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that the information does not constitute any form of advice, recommendation or arrangement by the Siteowner or its affiliates or any other party involved in the Site and is not intended to be relied upon by Users in making (or refraining from making) any decisions based on such information. The User must make their own decisions on whether or not to rely on any information posted on the Site. The Siteowner reserves the right to modify information displayed on this Site but it does not make any commitment to update the information displayed on this Site. No party [other than the Siteowner] who is involved in the workings of the Site, will at any time be liable or responsible in any way for the content, including Paid-for Content, and information provided on or via the Site and for the User’s use of the Site. From time to time the Siteowner will make available to the User links from the site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by the Siteowner and the User agrees that the Siteowner shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that the User may have, or the consequences of such dealings, with such third party site operators. Any arrangements made between the User and any third party named on the Siteowner’s Site are at the User’s sole risk and responsibility and the Siteowner expressly disclaims any liability for third party information or opinions posted on this Site or any linked Sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law. Indemnity The User agrees to indemnify, keep indemnified, defend and hold the Siteowner and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors, (collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from the User’s use of, connection with or conduct on the Site or any breach by the User of these terms. The Siteowner reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, and in such case, the User agrees to co-operate with the defence of such claim. Consequences of Breach of these Terms In the event that the Siteowner considers or determines, in their complete discretion, that the User has breached, violated or contravened the Agreement or has otherwise demonstrated inappropriate conduct in the use of the Site or the content or services they reserve the absolute right to: (a) warn the User that they have violated the Agreement and ask the User to discontinue such conduct; (b) discontinue the User’s membership of the site and/or any other related services, including Paid-for Content; and (c) take measures (including terminating, suspending or restricting the User’s use of the Site) to prevent the User from using the Site or linking to the Site. Trading Notice gApps is a trading name of DGR Enterprises Ltd. Third Parties The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement, except in relation to the rights of the siteowner. Proper Law and Jurisdiction This Agreement and all matters arising from it shall be governed by and construed according to the laws of England and Wales and shall be subject to the [exclusive] jurisdiction of the courts of England and Wales. Entire Agreement This Agreement supersedes all prior agreements, arrangements and undertakings and constitutes the entire agreement relating to the subject matter of this Agreement. The User confirms that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.
All trademarks, service marks, logos, trade names and any other proprietary designations of the Siteowner used herein are trademarks or registered trademarks of the Siteowner and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Siteowner. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.
