WELCOME TO COUNTERMARK®. BY DOWNLOADING THE APP YOU AGREE TO THESE LICENCE TERMS SO PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THE APP.
We are Wessex Technology Opto-Electronic Products Limited of Wellesley House, 204 London Road, Waterlooville, Hants, PO7 7AN, United Kingdom and we license you (User) to use:
as permitted in these terms.
We only use any personal data we collect through your use of the App and the Services in the ways set out in our 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 any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
We licence our Countermark® software solution to our subscribers (Customers) to:
We call the redacted, verification or tracking element of the Document a Snippet which is replaced by a machine- and human eye-readable alpha-numeric string of 12, 16, 24 or 32 characters displayed in the Countermark® Font called the Countermark. A Snippet may comprise graphics, text, a hyperlink, file, audio or video information.
When applying a Countermark, our Customer will designate User permissions as “Public”, “Private” or “Registered”. Access to Public, Private and Registered Countermarks, at our or our Customer’s choice, may also be restricted by geographic location or date.
A Public Countermark, subject to any geographic and date restrictions, can be read by anyone to retrieve a Snippet. Public Countermarks can be viewed anonymously.
A Private Countermark requires the Customer to designate a “Group of Members”, being those named Users who may use the App to read the Countermark to retrieve a Snippet.
If our Customer has logged with us your name, company, email address and phone number as a permitted User, you will receive a password and be requested to complete verification of your email address and the electronic identity of the phone you will use to read Countermarks.
Private Countermarks can only be viewed with the specific mobile device and identity data which is authorised to access the Snippet.
If you have not been logged with us as a permitted User, you may not use the App to attempt to retrieve a Snippet which is linked to a Private Countermark. If you attempt to do so, your right to use the App may be automatically revoked and, where this occurs, you agree to delete the App from any mobile device on which you have installed it.
A Registered Countermark can be viewed by any User provided that the phone User enters their email address into the App, confirms their address using an automated email and enables the location setting on their phone.
We require our Customers not to submit content as Snippets which is offensive, illegal, prejudicial to health, in breach of third party intellectual property rights, infringes any person’s right to privacy or which contains any form of malware. However please be aware that we do not audit or control what data a Customer chooses to make into a Snippet or to attach a Countermark.
The User Information sets out the types of device, memory requirements and operating systems which are compatible with the Apps. You will need internet access to use the Apps. Use of internet services by the Apps may incur charges by the Internet Service Provider you use.
The Phone App requires the permissions set out below to be enabled on the device on which it is installed:
• location tracking enabled;
• camera enabled;
• storage, read contents of USB storage and systems tools, access extra location commands enabled.
These permissions will only be activated during the Countermark read process.
Please be aware that the Phone App will make use of location data sent from your device when you read a Countermark. If you use these Services, you consent to us and our affiliates' and licensees' and Customers’ transmission, collection, retention, maintenance, processing and use of your location data and queries to monitor the location and distribution of the Document or other item carrying the Countermark.
You can turn off this functionality at any time by disabling the location services settings for the Phone App on the device. If you do this, you may not be able to read a Countermark.
If you want to learn more about the Apps or the Service or have any problems using them please take a look at our support resources at countermark.com.
If you think the Apps or the Services are faulty or misdescribed or wish to contact us for any other reason please contact us via the email address or telephone number provided on our website, countermark.com.
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.
In return for your agreeing to comply with these terms you may:
You must be 18 or over to accept these terms and install the Apps.
We are giving you personally the right to use the Apps and the Service as set out above. You may not otherwise transfer the Apps or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the Apps are installed, you must remove the App(s) from it.
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce or to meet specific requests from our Customers.
We will give you at least ten (10) days notice of any change by sending you an SMS or email with details of the change or notifying you of a change when you next start the App. If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
From time to time we may automatically update the Apps and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the Apps 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 Apps and the Services.
If you download or stream the Apps 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.
By using the Apps or any of the Services, you agree to us collecting and using technical information about the devices you use the Apps on and related software, hardware and peripherals to improve our products and to provide any Services to you.
The App or any Service 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:
You must:
All intellectual property rights in the Apps, the User Information and the Services throughout the world belong to us (or our licensors) and the rights in the Apps and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Apps, the User Information or the Services other than the right to use them in accordance with these terms.
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.
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.
The Apps are for domestic and private use. If you use the Apps 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.
The Apps and the Services are provided for general information 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 Apps or the Service. Although we make reasonable efforts to update the information provided by the Apps and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
We recommend that you back up any content and data used in connection with the Apps, to protect yourself in case of problems with the Apps or the Service.
If our provision of the Services or support for the Apps or the Services 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 but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
We may end your rights to use the Apps and Services 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 Apps and Services:
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 may only transfer your rights or your obligations under these terms to another person if we agree in writing.
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.
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. 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.
These terms are governed by English law and you can bring legal proceedings in respect of the Apps, the User Information and the Service in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.
You can submit a complaint to the Chartered Institute of Arbitrators via their website at http://ciarb.org. You will not be charged for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may (for as long as the United Kingdom is a member of the European Union) be submitted for online resolution to the European Commission Online Dispute Resolution platform.