Who we are and what this Agreement does.
We, One Nigel Ltd of 1 Gloster Court, 5 Whittle Avenue, Fareham, Hampshire. PO15 5SH license you to use:
The nigel web portal and mobile application (the Software ); and
The services we provide through the Software (the Services ).
The nigel Software and Services enable you to upload or scan and securely store important documents such as utility bills or account statements. From there, you can easily search, access and share those documents when you need them, receive automated reminders about renewal dates shown on the documents and quickly access contact details for service providers shown on those documents. Selected partners may also provide you with relevant product offers relating to the renewal of your policies, plans and accounts around the time when renewal is due, saving you time and effort looking for renewal options.
Although the nigel mobile app is free, access to the Services is by subscription. Your subscription may be:
Purchased by you independently via our website; or
Provided to you free of charge by a third party (such as your utility company or other service provider used by you) that wants to offer you access to the Services in connection with your use of their products and services ( Sponsors ).
Subscriptions provided free of charge by Sponsors may be time limited. On expiry of any free subscription provided by a Sponsor, you may elect to keep your user account open by logging into your user account on our website (not the mobile app) and looking for the option to transfer your account to an individual subscription, or by contacting us using the contact details on our website.
In addition to the above subscription options, we may also offer free trial periods to use the Software and the Services. These terms apply whether you have a paid subscription, Sponsor provided subscription, or are using the Platform during a free trial period.
With your consent, Sponsors may upload statements or other documents directly into your user account, saving you from the need to scan them in yourself. We are not authorised to provide you with financial advice and we are not responsible for financial product offers or other content uploaded or presented to you in the Software by Sponsors or other third parties. If you have any questions or issues relating to such third-party content, you should refer to your contract with them, or take it up directly with the Sponsor or third party concerned.
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them.
All data uploaded to our servers is encrypted in transit and at rest.
To ensure your data is as secure as possible, you must:
Take all reasonable steps to maintain the security of your phone and nigel user account with passwords and PINS of appropriate strength.
Keep your device secure and safe to the best of your ability.
Not scan, store, share or process any illegal, harmful or immoral content.
Reset your password and/or PIN if it is lost, or urgently or contact us.
Remote wipe, or disable your phone if you lose it, or contact us.
Support for the App and how to tell us about problems
Support . If you want to learn more about the Software and our Services or have any problems using them please take a look at our support resources on our website.
Contacting us (including with complaints). If you think the Software is faulty or misdescribed or wish to contact us for any other reason please email our customer service team, details of which are on our website.
How we will communicate with you. If we have to contact you we will do so by email, by SMS or by post, using the contact details you have provided to us.
Restrictions on the use of our Software
Your licence to use the Software and the Services is non-exclusive and non-transferable.
You must be 18 or over to accept these terms and create a user account to use the Platform.
You may not transfer the app or your user account on the Platform to someone else. If you sell any device on which our app is installed, you must remove the app from it.
You must not rent, lease, sub-license or loan our software to anyone else, or make it available for use by anyone else.
Except as may be permitted by law, or you may not reverse engineer or decompile our Software.
You may not copy our software (except for reasonable backup purposes).
Acceptable use restrictions
not use the Software 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, onto any aspect of the Software or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the Software, 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 Software and Services;
not use the Software or Services 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 or our systems or any aspect of our service that is not intended for you or attempt to decipher any transmissions to or from the servers running any of the Services.
Subscriptions you purchase directly from us. If you purchase a subscription to use the Services directly from us, we will bill you in advance for the licence period you select.
We reserve the right to amend the fees we charge for the Services from time to time, giving 30 days prior written notice and advertised on our website. Any changes to our fees shall apply from the date confirmed in the notice but shall not apply in respect of any period for which you have already committed and paid for the Platform.
Subscriptions purchased for you by a Sponsor. If your subscription has been purchased for you by a Sponsor, your subscription fees will be charged to them.
If the Sponsor does not pay their fee to us, then we may disable your account and any or all of the Services offered by us while the invoice remains unpaid, but you may elect to transfer your account to an individual account and pay for your own subscription at any time.
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 or to keep them up to date.
We will give you at least 30 days' notice of any change.
If you do not accept the notified changes you may not be permitted to continue to use the Platform.
Operating system requirements and updates
Our app is currently available on iOS only. An Android version is expected soon. However, Android users can still access the Services via a website using an up to date web browser.
From time to time we may automatically update the Software and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. 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 Services via the mobile app.
We are not responsible for other websites you link to
The Software 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.
Intellectual property rights
All intellectual property rights in the Software and the Services throughout the world belong to us (or our licensors) and the rights in the Software and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Software or the Services 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.
We are not liable for business losses. The Software is for domestic and private use. If you use the Software 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 Software and the Services. The Software and Services may offer functionality to help you manage your content and your financial affairs based on the information contained in documents uploaded to the Software by you or by Sponsors. For example, the Software may "read" documents uploaded to the Platform and attempt to decipher key dates, such as renewal dates for third party services, such as the provision of insurance or other services. Such functionality is intended to provide suggestions only and is not a substitute for checking documents yourself. You should not rely on the Software or the Services to carry out the tasks accurately and correctly.
We may provide you with details of offers from third parties via the Software which we consider may be relevant to you. However, we 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 offers or suggestions made through the Software. Although we make reasonable efforts to update the information provided through the Software, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data stored on the Platform. Although we host the documents uploaded to the Software on servers in first rate data centres, we recommend that you back up any content and data stored on in the Software, to protect yourself in case of unexpected problems with the Software. You will also need to ensure you have kept or downloaded copies of all your documents before you terminate your use of the Software.
Check that the Software and the Services are suitable for you. The Software and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Software and the Services meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the Software or the Services is delayed by an event outside our control then 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.
Termination of your use of the Platform.
You may discontinue your use of the Platform at any time.
In addition, if you are a consumer, you have a statutory right to cancel the contract at any time within the first 14 days of the start of your contract with us, and request a refund of any subscription fees you have paid. You can exercise this right of cancellation by emailing us with your request within the 14 day period or by using the model cancellation form attached to these terms and posting or emailing it to us within the 14 day period.
We may end your rights to use the Platform if:
you break these terms;
your subscription to use the Platform ends and you do not renew it.
If your subscription to the Platform is paid for by a Sponsor, your Sponsor terminates or ceases to pay for your subscription, or commits a serious breach of their agreement with us; or
if we cease to offer the Software and the Services altogether.
If we end your rights to use the Software and the Services, your documents will be available to you for a period of 30 days. After that period, your access will be terminated. It is your responsibility to download copies of any documents you need before your access is lost.
8 Confidentiality.* We agree that we will not, and you agree that you will not, at any time disclose, to any person any confidential information we provide to each other (including information relating to the business affairs, customers, clients or suppliers of each other) or use it for any purpose besides the purposes of this agreement unless required by law or any government or regulatory authority or for each party to perform its obligations under this agreement. This shall not prevent either of us from disclosing information to employees with a need to know such information in connection with the agreement or to professional advisers who are themselves subject to an obligation of confidentiality.
Transfer. 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.
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. 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.
MODEL CANCELLATION FORM
If you are a consumer (an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession) and your agreement with us is made over the phone, by email, or by other distance means, or if we have made our agreement with you away from our offices, such as at your home, then you may be entitled to cancel your agreement with us within 14 days without giving any reason.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use this attached model cancellation form, but it is not obligatory.
The cancellation period will expire after 14 days from the day on which you first subscribe for our services.
To: One Nigel Ltd.
I hereby give notice that I wish to cancel my agreement with you for the provision of the nigel subscription service entered into on:
Name of customer:
Address of customer:
Signature of customer: