Terms and Conditions
South Staffordshire Water PLC (referred to as the "Company", "we", "us" or "our") incorporated and registered in England with company number 2662742 whose registered office is at Green Lane, Walsall, WS2 7PD is the operator of this website, which includes the website known as MyAccount, and the website known as the Careers Portal (referred to collectively as the "Site").
Use of our Site is conditional upon your acceptance of all these Terms and Conditions of Website Use. Your use of the Site constitutes your acceptance of these Terms and Conditions of Website Use in full, which take effect on the date which you first, use the Site. If you do not agree with these Terms and Conditions of Website Use please refrain from using the Site immediately
We reserve the right to change these Terms and Conditions of Website Use at any time by posting changes online. You are responsible for reviewing regularly information posted on our Site to obtain timely notice of such changes. Your continued use of the Site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.
You and we (each a "Party" and together the "Parties") agree to comply with these Terms and Conditions of Website Use.
- 1.1 If you are a customer using the Customer Portal section of the Site or an applicant using the Careers Portal section of the Site subject to clauses 4.2 and 11 we grant to you a non-exclusive, non-transferable, non-assignable licence for as long as you are a customer with us or an applicant (the "Licence Term") to access and use the Site for the purpose of:
- 1.1.2 if you are a customer, viewing your bills (or statements); accessing your account information; paying your bills by debit and/or credit card; recording your meter readings and accessing and using any other services offered to you by us through the Customer Portal; or
- 1.1.3 if you are an applicant accessing and amending your application details and submitting your application online through the Careers Portal.
- 1.2 The Licence granted by us to you is not sub-licensable.
- 2.1 Access to the Site is granted on a temporary basis.
- 2.2 You must:
- 2.2.1 use your best endeavours to ensure that you comply with all of these Terms and Conditions of Website Use;
- 2.2.2 use your best endeavours to ensure that you comply with any additional restrictions notified by us to you in respect of your use of the Site ; and
- 2.2.3 provide us with reasonable assistance in complying with our legal obligations (particularly in respect of data protection laws);
- 2.2.4 use your best endeavours to ensure that you do not let any other people use your user name; email address, password or identification number (the "Security Information") to access and/or use the Customer Portal or the Careers Portal. You agree and acknowledge that the Security Information is personal to you and that you will at all times keep the Security Information secure.
- 3.1 We cannot guarantee that you will have uninterrupted access to the Site or to any site to which a link is provided. Subject to clause 8.1, we accept no responsibility for any damages or losses arising out of the loss of use of any the information in the Site.
- 3.2 Changes are periodically made to the Site and to the information on the Site. We may make improvements and/or changes at any time.
- 3.3 If the need arises, we may suspend access to our Site, or any part of it, or close it indefinitely.
- 3.4 Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
4. Viruses and virus protection
- 4.1 We give no warranty that the Site is free from viruses, worms, trojans, logic bombs or other material which is malicious or technologically harmful. You should run an anti-virus program on all material downloaded from the Site.
- 4.2 In connection with your use of the Site, you will not introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. By breaching this provision, you could commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and the Licence under clause 1.1 (if applicable) will cease immediately.
- 4.3 Subject to clause 8.1 we do not accept any liability for any loss, disruption or damage to your data or your computer system that may occur as a result of you using material derived from the Site.
5. Intellectual property rights
- 5.1 In this Clause 5 "Intellectual Property Rights" means all copyright, know-how, trade secrets, design rights, database rights, related rights, trade marks, rights in computer software, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
- 5.2 Reference to "Content" means all content, material and/or information that is made available to you to view and/or download in or from the Site.
- 5.3 All Intellectual Property Rights in the Content shall remain the property of us or our licensors. These Terms and Conditions of Website Use do not transfer any ownership in our or our licensor's Intellectual Property Rights to you. All Intellectual Property Rights in the Content are protected by copyright laws. All such rights are reserved. Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged. You must not remove, conceal or alter any copyright notices contained in the Content.
- 5.4 All our logos and associated phrases used on the Site are our trademarks and must not be used without our prior written consent.
5.5 You must ensure that
- 5.5.1 except for personal and non-commercial use, you will not copy, republish, broadcast, upload, download, transmit, modify or deal in any manner at all any part of the Content, without the prior written consent of us, and then only in such a way that the Intellectual Property Rights in the Content is acknowledged.
- 5.5.2 you will promptly comply with our reasonable instructions from time to time concerning use of the Site or the Content.
- 5.6 If any of the Content becomes, or in our opinion is likely to become, subject to an infringement claim we may at our option and expense (1) obtain the right for you to continue using the Site; or (2) modify or replace the Content to avoid the infringement claim.
6. Restricted access
- 6.1 Where you use the Site or permit it to be used in breach of any of these Terms and Conditions of Website Use, or we have reasonable grounds to suspect that this is the case, then we may at our sole discretion suspend or terminate your use of the Site and your registration if you are user of the Customer Portal or Careers Website and refuse any and all current or future use of the Site.
- 6.2 It is your responsibility to immediately notify us of any unauthorised use of any of the Security Information, unauthorised use of your account, or any other breach of security as soon as you become aware of it. Subject to clause 8.1 and to the extent permitted by law, we will not be liable for any loss that you may incur as a result of someone else using the Security Information, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party as a result of someone else using the Security Information.
- 6.3 You acknowledge and agree that any applications for access to the restricted areas of the Site that appear to be invalid will be refused by us and the applicant will be informed accordingly. If you are not authorised by us, you must not attempt to gain unauthorised access to any restricted area/s of the Site, other accounts, computer systems or networks connected to or part of our computer network.
- 6.4 You acknowledge and agree that unauthorised access to the Site or any other of our computer and/or network systems through hacking, password mining or any other means is strictly forbidden.
7. Links policy
- 7.1 We may from the Site, provide links to other sites from time to time. These links are provided for your information and convenience only. We do not endorse or take any responsibility for the sites linked to or for the content of those sites.
8. Limitations of liability
- 8.1 Nothing in these Terms and Conditions of Website Use (or elsewhere in the Site) will exclude or limit our liability for fraud or statements made fraudulently; or for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
- 8.2 If you upload material to the Site it will not be moderated by us. We do not make any warranties in relation to such material and subject to clause 8.1, and to the extent permitted by law; we accept no liability for such material.
- 8.3 We make no claims about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, products and graphics contained within the Site for any purpose. While every effort is made to ensure that all information is accurate, valid and up to-date all site content is provided 'as is' without warranty of any kind. To the extent permitted by law (and subject to clause 8.1) we disclaim all warranties and conditions with regard to this information and service as a whole.
- 8.4 Your use of the Site signifies your continued agreement that we shall not be responsible for unauthorised access to or alteration of your data transmissions (if any). This includes any material or data sent or received by theSite via your computer. Whilst every effort is made to ensure that the Site and all its content is not contaminated in any way, to the extent permitted by law (and subject to clause 8.1) (i) we do not warrant that such material will be free from infection or viruses and (ii) in no event shall we be liable for any loss, disruption or damage of data or to your computer system howsoever arising.
- 8.5 Subject to clause 8.1 and to the extent permitted by law, we will not be liable to you whatsoever and/or howsoever in relation to your use of the Site under or in connection with these Terms and Conditions of Website Use, whether in contract, tort (including negligence) or otherwise.
9. Breaches of these terms and conditions of website use
- 9.1 Without prejudice to our other rights under these Terms and Conditions of Website Use, if you breach these Terms and Conditions of Website Use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against you.
- 11.1 If you breach any of these Terms and Conditions of Website Use we reserve the right immediately and without notice to you to:
- 11.1.1 terminate your access to the Site, and
- 11.1.2 terminate the Licence granted to you under clause 1.1 if you are a customer using the Customer Portal or an applicant using the Careers Portal.
- 11.3 Where applicable, on the expiry or termination of the Licence granted under clause 1.1 you will immediately cease to use the Customer Portal and/ or the Careers Portal, the Security Information and your account.
- 11.4 All rights granted under the Licence referred to in clause 1.1 will be automatically terminated, except for such rights of action as will have accrued prior to such termination and any obligation which expressly or impliedly continue in force after such termination or expiry.
- 12.1 If a provision of these Terms and Conditions of Website Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
13. Exclusion of third party rights
- 13.1 These Terms and Conditions of Website Use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms of Website Use is not subject to the consent of any third party.
14. Entire agreement
- 14.1 The Terms and Conditions of Website Use constitute the whole agreement between you and us relating to this subject matter and supersedes all prior arrangements or promises between you and us relating to its subject matter. Nothing in this clause shall limit or exclude any liability for fraud.
15. Law and jurisdiction
- 15.1 These Terms and Conditions of Website Use will be governed by and construed in accordance with English law, and any disputes relating to these Terms and Conditions of Website Use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
By downloading our app, you agree to these terms. If you do not accept these terms in full, you should terminate downloading and discontinue use immediately. You are also subject to any terms, rules or policies applied by the App Store from which you download the app.
This is an end user licence agreement between you and South Staffordshire Water Plc (“Company”, “we”, “us” or “our”) incorporated and registered in England with company number 2662742 whose registered office is at Green Lane, Walsall, WS2 7PD.
This licence agreement explains how we license the app together with the data and information available through it to you.
Please read the terms carefully before downloading the app and pay particular attention to your privacy and data (clause 2), licence rights and restrictions (clause 3) and limitation of liability (clause 10).
We may need to change these terms from time to time by posting such changes on our website. You are responsible for regularly reviewing information posted on our website to obtain timely notice of such changes. Your continued use of the app after changes are posted constitutes your acceptance of these terms as modified by the posted changes. If you do not accept the posted changes, you must terminate use of the app immediately.1. Interpretation
- 1.1 Definitions
means MyAccount and any other service available to you to view, amend or download information relating to your account with the Company
means the Company’s MyAccount mobile application, including the content and any updates or supplements to it.
means all material, data and/or information that is made available to you to view and/or download in or from the app.
refers to the initial and subsequent downloading of the app and acceptance of updates to the app.
means the licence granted to you in clause 3.
means your user name, email address, password, or identification number to access the app.
2.2 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.
2.3 By using the app, you agree to us collecting and using technical information about the devices on which you use the app and related software, etc. to improve our products and to provide services to you.
2.4 Certain services available in the app may use location data sent from your devices. You can turn this functionality off at any time by turning off the location services settings for the app on the device. If you do not turn this off, by using these services you consent to use and our affiliates and licensees transmission, collection, retention, maintenance, processing and use of your location data to provide and improve location based services and products.3. Licence rights and restrictions
3.1. The Company grants to you a non-exclusive, non-transferable, non-assignable license to use the app and access its content in a manner set out in this agreement only.
3.2. The Company remains the owner of the app at all times.
3.3. You may:
3.3.1. Download a copy of the app onto your device and use it to access your account and for your personal use only.
3.4. You must:
3.4.2. immediately notify us of any unauthorised use of any of your security information, unauthorised use of your account or any other breach of security as soon as you become aware of it;
3.4.3. promptly comply with our reasonable instructions from time to time concerning the use of the app or its content;
3.4.4. be 18 years or older to accept these terms unless you are 16/17, have a personal account with us and have the consent or involvement of a parent or guardian; and
3.4.5. only use the app to access your account.
3.5. You must not:
3.5.1 use for any other purpose as is permitted under this agreement;
3.5.2 use the app (or its contents or services) for any business purposes;
3.5.3 disclose your Security Information to any person or organisation;
3.5.4 permit any other person or organisation to use the app;
3.5.5 access or attempt to access any other person’s or organisation’s account on the app;
3.5.6 adapt, vary, alter, translate, merge, or modify the app or any part of it or its content or permit the app or any part of it to be combined with or become incorporated in any other programs;
3.5.7 use the app in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these terms or act fraudulently or maliciously (e.g. hacking into or inserting malicious code, such as viruses or harmful data into the app);
3.5.8 transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the app;
3.5.9 do anything which could damage, disable, overburden, impair or compromise our systems or security or otherwise interfere with other users;
3.5.10 collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the app;
3.5.11 transfer the app to someone else, for money, commercial gain or for free. If you sell any device on which the app is installed, you must remove the app from it;
3.5.12 download the app onto any device which you do not own without the owner’s permission;
3.3.13 copy the app, rent, sub-license, loan, provide or otherwise make available the app in whole or in part to any person without our prior written consent (and then only in such a way that the Intellectual Property Rights in the content is acknowledged); or disassemble, decompile, reverse engineer or create derivative works based on the whole of or any part of the app.
4.1 We make no warranty or representations that your use of the app will be uninterrupted.
4.2 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. Alternately we may ask you to update the app for these reasons. Use of the app may be temporarily suspended during the implementation of such changes. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using or accessing the app.
4.3 If the need arises, we may suspend access to the app, or any part of it, or close it indefinitely and/or remove functionality from the app and any information or data available through it, at any time.
4.4 Whilst we make reasonable efforts to update the content on the app, we make no representation and cannot guarantee that such content will be accurate, complete or up to date.
5. System requirements
5.1. Internet connection is required to use the app.
5.2. The app will only work on compatible devices and operating systems namely iOS 12.1 or Android 7.0.
5.3. We make no warranties or representations that the app will meet your requirements or that it will be compatible with your device.
6. Using someone else’s device
6.1. If you download the app onto a phone or device you do not own you must obtain the owner’s permission and you remain responsible for complying with these Licence terms.
6.2 You or whoever owns the device may by charged by service providers for internet access from the device which may be required to download or otherwise access and use the App and the related services and such charges will be your responsibility.
7. Virus protection and security
7.1. We give no warranty or representation that the app is free from viruses, worms, trojans, logic bombs or other material which is malicious or technologically harmful. You should run an anti-virus program on all material downloaded from the app.
7.2 In connection with your use of the app, you will not introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. By breaching this provision, you could commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the app will cease immediately.
8. Intellectual Property Rights
8.1. In this clause 8 "Intellectual Property Rights" means all copyright, know-how, trade secrets, design rights, database rights, related rights, trade marks, rights in computer software, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
8.2 All Intellectual Property Rights in the app and its content shall remain our property or the property of our licensors. This agreement does not transfer any ownership or rights in our or our licensor's Intellectual Property Rights to you.
8.3 All trademarks, logos, graphics, brand names and associated phrases used on the app are owned by us or our licensors and must not be used without our prior written consent..
9. Links policy
9.1. The app or its content may contain links to other independent websites which are not provided by us. These websites are not under our control and we have not checked or approved their content or privacy policies. As such we accept no responsibility for these websites.
9.2. You will need to make your own independent judgement about whether to use any such independent websites, including whether to buy any products or services offered by them.
10. Limitations of liability
10.1 Nothing in these terms and conditions will exclude or limit our liability for fraud,or statements made fraudulently; or for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
10.2 Use of the app is at your own risk and you are wholly responsible for deciding to download, install and/or use the app or its content and/or any decisions you make based on the app or its content. You are also responsible for making sure that the app is suitable for you as it has not been specifically developed for you.
10.3 We do not accept responsibility for any loss and/or damage to your device or any other hardware or software you use in connection with the app, including in connection with any viruses that may affect the same on account of your Download and/or use of the app.
10.4 Subject to clause 10.1 and to the extent permitted by law, we will not be liable for any loss that you may incur as a result of someone else using your Security Information, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party as a result of someone else using the Security Information.
10.5 The app is for domestic and private use only, if you use the app for any commercial, business or resale purpose we shall have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity or similar business loss.
10.6 We are not responsible for act or omission of any third party or for events which are outside our control.
10.7 To the fullest extent permitted by applicable law, the app is provided to you “as is”, without support or maintenance.
10.8 To the fullest extent permitted by applicable law, we and our licensors disclaim and exclude all warranties, representations, conditions and other terms of any kind, express or implied, and whether arising by statute, common law or otherwise.
10.9 Subject to clause 10.1 and to the extent permitted by law, we will not be liable to you whatsoever and/or howsoever in relation to your use of the app under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise.
11. Support for the app
11.1. If you want to learn more about the app or have any problems using it please contact us at firstname.lastname@example.org if you are a South Staffs Water customer or email@example.com if you are a Cambridge Water customer.
11.2. If we contact you, we will do by post, email or SMS using the contact details you have provided to us.
12.1. Without prejudice to our other rights under the terms of this License, we may end your rights to use the app at any time if you breach or we have reasonable grounds to suspect you have breached these License terms. If we end your rights you must:
12.1.1. terminate all use of the app immediately; and
12.1.2. uninstall the app from all devices in your possession and destroy any copies.
12.2. If at any time you dispose of the device containing the app or terminate your use, you must uninstall the app prior to disposal.
If any clause under this agreement becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant clause shall be deemed deleted. Any modification to or deletion of a clause under this clause 13 shall not affect the validity and enforceability of the remaining clauses.
Any delay in enforcing this agreement does not waiver our rights to enforce them or take action against you for any breach of this agreement.
15. Exclusion of third party rights
This agreement is for the benefit of you and us, and is not intended to benefit any third party or be enforceable by any third party.
16. Entire agreement
This agreement constitutes the whole agreement between you and us relating to this subject matter and supersedes all prior arrangements or promises between you and us relating to its subject matter.
17. Law and jurisdiction
This agreement is governed by and construed in accordance with English law and the English courts have exclusive jurisdiction to settle any dispute or claim arising from this agreement.