Terms of Service

For previous versions please contact enquiry@krank.com

Welcome to Krank. This page tells you your legal rights and responsibilities; our legal rights andresponsibilities; and certain key information required by law when you sign up to use the Inspeqmobile application software (App), our websites https://krank.com/ and https://heavykit.com (Sites) and related services described below (collectively, the Terms)

ACCEPTANCE OF TERMS

Please read these Terms carefully before before using our App, Sites and the service you connect to via the App or Sites and the content we provide to you through them (Services).

By using our Sites or by clicking on the "Accept" button on the App, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use any of our Sites, App or Services.

We recommend that you print a copy of these Terms for future reference.

WHAT'S IN THESE TERMS?

INFOMATION ABOUT US

The Sites, App and related Services are provided by Krank Limited (Krank, we, us, our). We are registered in England and Wales under company number 10154742 and have our registered office at Suite 2, Unit 200 Cambridge Science Park, Milton Road, Cambridge, England, Post Code - CB4 0GZ. Our VAT number is 280 1335 31 . reference.

WHAT THESE TERMS DO?

In these Terms we license you to use (as permitted in these Terms):

The App and any updates or supplements to it.
The related online documentation available on our Sites (Documentation).
Our Services.

OTHER APPLICABLE TERMS

These Terms refer to the following additional terms, which also apply to your use of our App, Sites, and/or Service and are incorporated into these Terms by reference:

Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing, and you warrant that all data provided by you is accurate.
Our Cookie Policy which sets out information about the cookies on our Sites.

Apple App Store and Google Play's terms also apply.

The ways in which you can use the App and Documentation may also be controlled by:

Apple App Store's rules and policies which can be viewed here.
Google Play's rules and policies which can be viewed here.

YOUR ACCOUNT AND PASSWORD

When you register with us your company email address will be your username and you will be asked to create a password. Your username and password will be unique to your account. You must treat such information as confidential, and you must not disclose it to any third party.

We have the right to disable any account if in our opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you know your username or password, you must promptly notify us at enquiry@krank.com.

We will not be liable for any loss, damage or other liability arising from your failure to comply with your security obligations or from any unauthorised access to or use of your account

USE OF THE APP, OUR SITE AND RELATED SERVICES

How you may use the App

In return for your agreeing to comply with these Terms you may:

Download or stream a copy of the App onto your device and view, use and display the App and the Service on such devices for your personal purposes only.
Use any Documentation to support your permitted use of the App and the Service.
Receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

Free App Users

If you have downloaded our App free of charge then you are entitled to a maximum of 5 free template inspection reports per month, 360˚ videos, photos and voice note inspection functionality and real time reporting. If you wish to access further features, please contact us at enquiry@krank.com.

Operating system requirements

This App requires a compatible device with an Apple iOS or Android operating system.

Licence restrictions

You must be 18 or over to accept these Terms and use the App, Site and/or Services.
We are giving you personally the right to use the App and the Service as set out above at "How you may use the App". You may not otherwise transfer the App or the Services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
If you download or stream the App 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. it.
You agree that you will:

Not rent, lease, sub-license, loan, provide, or otherwise make available, the App, the Site or the Services in any form, in whole or in part to any person without prior written consent from us.
Not copy the App, Sites, Documentation or Services, or any part of them except as part of the normal use of the App or relevant Site or where it is necessary for the purpose of back-up or operational security.
Not use the App or Sites or our Services in any way that:

is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
breaches another person's intellectual property rights.

Not use the App or Sites or our Services in any way to:

transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Sites, Documentation or Services nor permit the App, Sites or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App, the Sites and the Services on devices as permitted in these Terms.
Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App, the Sites or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App or Site to obtain the information necessary to create an independent program that can be operated with the App, Sites or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

Is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective.
Is not used to create any software that is substantially similar in its expression to the App or Sites.
Is kept secure.
Is used only for the Permitted Objective.

Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App, the Sites or any of the Services.

App Usage

Our App enables you to generate Reports. A Report includes any and all information or results of use generated or produced by the App in response to information that is entered, submitted, or input into the App pursuant to your access to and use of the App.

You agree that you will be solely responsible for any and all decisions made with regard to what you choose to do or not to do in relation to the preparation of or response to any Reports created in the App. You agree in creating any Report to comply with the rules of use of the App, and when accessing a Report created by another user, to not to use or rely on any Report as a sole source of truth or factual information (or as a substitute for your own professional judgment) and, accordingly, you will ensure that each Report will be evaluated for accuracy and suitability for your use case, including without limitation by way of human review (as appropriate), before making use of or sharing or disclosing any such Report. We will have no liability to you in respect of any breach by a Report creator of the rules of use of the App or, for Report users, and action or omission on your part taken in connection with, as a result of, or in reliance upon any such outputs or Report.

Back ups

Please back up content and data you use or generate with the App or Sites. We recommend that you back up any such content and data used in connection with the App or the Site, to protect yourself in case of problems with the App, Sites or the Services.

UPLOADING CONTENT TO OUR SITE OR OUR APP

Whenever you make use of a feature that allows you to upload any descriptions, comments, reviews, illustrations, photographs, videos and voice recordings (User Content) to our Sites or App (a Contribution), or to make contact with other users of our Sites or App, you must comply with the Standards (as defined and set out below).

You warrant that any such Contribution does comply with those Standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a business user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Whenever your Contribution involves the listing of an item (including, without limitation, a piece of equipment, an attachment, a vehicle, or a piece of heavy plant machinery) (an Item) for sale or auction you warrant to us that either:

You are the legal and beneficial owner of the Item; or
You have the express consent of the legal and beneficial owner(s) of the Item to list the Item for sale or auction; or
You are an authorised dealer or distributor of the manufacturer who manufactures and owns the Item.

Any User Content you upload to our Sites or App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Content, but you are required to grant us and other users of our Sites a limited licence to use, store and copy that User Content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the substance, subject matter or accuracy of any User Content posted by you or any other user of our Sites or App.

We do not pre-screen, monitor, review or edit the content posted by users of the App, Sites or Services. However, we have the right to remove any posting you make on our Sites or App if, in our opinion, your post does not comply with the Standards set out below.

The views expressed by other users on our Sites and App do not represent our views or values.

We take no responsibility and assume no liability for any User Content that you or any other person or third-party uploads to our App or Sites.

CONTENT STANDARDS

These content standards (Standards) apply to any and all Contributions you may make to our App, Sites and to any interactive services associated with it.

You must comply with the spirit and the letter of the Standards. The Standards apply to each part of any Contribution as well as to its whole.

Contributions must:

Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trademark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience, or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

SUSPENSION AND TERMINATION

We may suspend or withdraw the App and/or our Sites

We do not guarantee that our App and/or Sites, or any content on any of them, will always be available or be uninterrupted.

We may suspend or withdraw or restrict the availability of all or any part of our App and/or Sites:

For business and operational reasons.
For events outside of our control, including, but not limited to, hacking, governmental reasons and server issues.
Where we decide to discontinue the App, Sites and/or Services.
If you break or we reasonably suspect you of breaking, or seriously and repeatedly breaking any provision of these Terms, or if you attempt or threaten to break any provision of the same.
If you take any action that, in our opinion, has caused or is reasonably like to cause us to suffer a loss or that otherwise harms the reputation of us.

We will try to give you reasonable notice of any suspension or withdrawal, but we are not obliged to give prior notice of such suspension or withdrawal. We will not be liable to you if for any reason any of our Sites or App is unavailable at any time or for any period.

We may end your rights to use the App, Sites and the Services if you break these Terms

We will determine, in our discretion, whether there has been a breach of these Terms through your use of our Sites and/or App. When a breach of these Terms has occurred, we may take such action as we deem appropriate.

Failure to comply with these Terms constitutes a material breach of these Terms upon which you are permitted to use our Sites and/or App, and may result in our taking all or any of the following actions:

Immediate, temporary, or permanent withdrawal of your right to use our Sites, App and/or Service (in whole or in part).
Immediate, temporary, or permanent removal of any posting or material uploaded by you to our Sites or App.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms. The responses described in these are not limited, and we may take any other action we reasonably deem appropriate.

If we end your rights to use the App, Sites and Services:

You must stop all activities authorized by these Terms, including your use of the App, Sites and any Services.
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.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the App and our Sites (including the material that is published on them by us), the Documentation and the Services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We do not accept liability for any content or material of whatever nature that is uploaded to or shared on our Site that is not uploaded by us, regardless of its provenance.

We grant to you a non-exclusive, non-transferable, non-sublicensable, revokable right to install the App on your mobile device, and to access and use the App, Sites, Documentation and Services strictly in accordance with these Terms.

You may print off copies, and may download extracts, of any page(s) from our Sites or App for your personal use and (if applicable) you may draw the attention of others within your organisation to content posted on our Sites or App.

You must not modify the paper or digital copies of our intellectual property you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics of ours separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Sites or App must always be acknowledged. You must not use any part of the materials on our Sites or App for commercial purposes without our prior consent. If you print off, copy or download any part of our Sites or App in breach of these terms of use, your right to use our Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

SITE CONTENT AND NO RELIANCE ON INFORMATION

The content on our Sites and App is provided for general information only. The content on our Heavy Kit Site is comprised of aggregated third-party content, such as listings and content. Such content is provided to help our users find details of relevant products and auctions and all such content is the responsibility of the relevant third party and not Krank. Although we make reasonable efforts to update the information on our Sites and App, we make no representations, warranties or guarantees, whether express or implied, that any third party or other content on our Sites or App is accurate, complete or up to date.

"KRANK" is an EU, UK, and USA registered trademark of Krank Limited. You are not permitted to use them or any other brand name of Krank (including "Inspeq" and "Heavy Kit") without our express approval.

DISCLAIMER OF WARRANTIES

The App, Sites, and Services are provided 'as is', 'where is', and 'as available'.

To the extent permitted by law, we (Krank, its officers, directors, employees, representatives, successors and assignees) exclude all conditions, warranties, representations or other terms which may apply to our App, Sites and Services and/or any content on them including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness, or otherwise of the content of the services; and (ii) any warranties of title, non-infringement, merchantability, security, or fitness for a particular purpose.

This disclaimer of liability applies to any damages or loss caused by us or the App, Sites or Services, including without limitation as a result of: (i) any error, omission, deletion or defect in the content, or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation or under any other cause of action. We do not warrant or guarantee (i) that any portion of the App, Site or Services will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties; or (ii) that access to the Sites, App or Services will be uninterrupted or error-free

You are responsible for configuring your information technology, computer programmes and platform in order to access our Sites. You should use your own virus protection software.

OUR LIABILITY TO YOU

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Sites or App or any content on them, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

Use of, or inability to use, our Sites or App.
Use of or reliance on any content displayed on our Sites or App.

If you are a customer, please note that in particular, we will not be liable for:

Loss of income or revenue.
Loss of business.
Loss of profits or contracts.
Loss of anticipated savings.
Loss of data.
Loss of goodwill.
Wasted management or office time.
Any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

We will not be liable for any loss or damage caused by a virus, distributed denial-of service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any content on it, or on any website linked to it.

LINKS ON OUR SITES OR APP

We assume no responsibility for the content of websites linked on our Sites or App. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

LINKING TO OUR SITE

You may link to our home page on our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Sites must not be framed on any other site, nor may you create a link to any part of our Sites other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of any content on our Sites or either of them other than that set out above, please contact enquiry@krank.com

CHANGES AND UPDATES

Updates to the App and changes to the Sites or Services

From time to time, we may automatically update the App and/or change the Sites or Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. We will try to give you reasonable notice of any major 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 the App and the Services.

The App will always work with the current version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.

Changes to these Terms

We may amend these Terms from time to time. We may, in the following circumstances, have to change the Terms without telling you beforehand:

To reflect changes in laws and regulatory requirements which apply to the App, Sites or Services, where such changes require us to change the Terms in a manner which does not allow us to give reasonable notice to you.
To address an unforeseen and imminent danger related to defending Krank and its users from fraud, malware, spam, data breaches or other cybersecurity risks.

We may also make other changes to any part of these Terms, and we will give you reasonable notice of such changes by sending you an email with details of the change or notifying you of a change when you next start the App or access the Sites.

If you do not accept the notified changes, you will not be permitted to continue to use the App, Sites or the Service.

SUPPORT AND COMMUNICATION

If you are having any problems using the App, Sites or the Services or simply want to contact us please email: enquiry@krank.com

If you have any concerns about material which appears on our Sites or App please contact enquiry@krank.com

OTHER IMPORTANT TERMS

We may transfer this agreement to someone else

We may transfer our rights and obligations under these Terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

You need our consent to transfer your rights to someone else

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

You may not enter into any contract on our behalf or bind us in any way. These Terms are for your benefit only, not for the benefit of any third party of yours.

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

Even if we delay in enforcing these Terms, we can still enforce them 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 breaching the 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.

Which laws apply to these Terms and where you may bring legal proceedings

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Sites or the use of the App, although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

These Terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.