1. Introduction: 



1.1 The following sets out the Terms and Conditions for the Fenix website (“Site”) and application (“App”), which is operated by Fenix Certify. 

 

1.2 These Terms and Conditions apply in whole, or in part, to all individuals and entities who use, interact with or simply visit Fenix Certify Site and/or App. By visiting and/or interacting with our Site and/or App, you agree to the applicability of these Terms and Conditions.



1.3 Please note that our Site and App is intended for use by users located within the United Kingdom (“UK”). 



2. Description of our Site and App: 



2.1 Our Site and App (collectively known as the “Platform”) aims to provide a platform for those within the Electrical sector to create the required certificates.



2.2 The Platform is designed to be used by both individuals and companies working within the Electrical sector who wish to streamline the process of creating such certificates. This is done by inputting the relevant data directly into our Platform which then automatically formulates a certificate based on the data provided, as appose to manually inputting such data into a template or creating such certificate by hand.  



3. Site and App: 



3.1 The Site and the App have nearly identical functionality with the exception of payment options. The App allows only for single in-app purchases for single use access to the service. The Site has the additional option of signing up and paying for a subscription access to the service.



4. Creating an account:



4.1 In order to use our Platform, it is necessary to create an account. For more information regarding the personal data that is collected during the process of setting up an account please read our Privacy Policy.



4.2 Companies:

4.2.1 If the user is a company, the user will need to create a single main account which will act as the admin account for the company. This account will have the functionality to invite individual users to use the Platform under the company’s subscription. Such individual users will need to create their own login using the link provided in their invitation, which will then give them access to the main account’s subscription. 



5. Payment options: 



5.1 One-off payments via the App – in App purchase:

5.1.1 If you decide to use the service solely via our App, the only purchase option available one-off payments. This means that each time you use our Platform to create a certificate you will be charged using the in-app purchase facility. This payment will be taken by Apple or Google, depending on what operating system you are using.



5.2 Subscription via the Site:

5.2.1 Signing up through the Site will allow access to additional payment options, including subscription. For more information regarding the different subscription models available, click here.



5.2.2 Once you have signed up to a subscription model you will have access to the service both via our Site and App. Please note that certain functionalities, such as managing payments, will not be available in the App.



5.2.3 Please note that all of our subscription options are auto renew and will therefore continue until cancelled by the user. 
 




5.2.4 All payment relating to subscriptions will be taken via direct debit, using Revenue Cat (https://www.revenuecat.com/terms). 



6. Cancellation/termination:



6.1 If you as a user wish to cancel your subscription, you must give us 30 days written notice of cancellation but will remain under an obligation to pay the full amount of any outstanding subscription term. In any case, if the user decides to cancel or terminate this Agreement, the user will not receive a refund in regards to any paid subscription fees.



6.2 If Fenix Certify wishes to cancel or terminate this Agreement, Fenix Certify will give the user 30 days written notice of their termination. In such case, the user may be entitled to a partial refund, unless the user is found to be in breach of this Agreement.



6.3 No refunds will be awarded in relation to one-off payments.  



7. Certificates:



7.1 The certificates produced via the Platform are produced using the information provided by you as a user. Although the Platform provides the template for the certificates, the Platform does not contribute any electrical data to such certificates. 



8. Support: 



8.1 Where necessary, Fenix Certify agrees to provide support services in relation to the Platform to the best of its ability with skill, care and diligence in a good and professional manner.



8.2 Should you require technical support from us during the course of using our Platform, please contact us directly by emailing us at help@fenixcertify.com. This email should include the following information: 

- The email address which is linked to your account; 

- The issue(s) that you are experiencing; and 

- Your contact information. 



8.3 Fenix Certify will strive to use all reasonable efforts to respond to all reported issues and requests for technical support within a reasonable timeframe. Where not possible, however, we will contact you with an estimated time of response as soon as possible.  



9. Intellectual property:



9.1 With the exception of content a user adds to our Platform, all content on our Platform, including copyright or trademark material or other intellectual property, belongs to Fenix Certify. Such content is protected by Intellectual Property laws and regulations and may not be copied, reproduced or used in any way without express permission from Fenix Certify. 



10. Indemnity:



10.1 As a user of our Platform, you shall defend, indemnify and hold harmless Fenix Certify against claims, actions or proceedings for losses, damages and costs, including court costs and reasonable legal fees, arising out of or in connection with your use of our Platform. 



11. Limitation of liability:



11.1 Fenix Certify puts forward its best effects to ensure the safety, security and accessibility of our Platform. However, we cannot be held liable for any damages directly or indirectly resulting from the use of our Platform. Any liability Fenix Certify does have to any user is limited to any amount a user has paid to Fenix Certify during the prior 3 month period.



11.2 Nothing in these Terms and Conditions seeks to exclude or limits Fenix Certify’s liability for death or personal injury caused by negligence, including negligent actions taken by employees, agents or sub-contractors, or for fraud or fraudulent misrepresentation by Fenix Certify. Nor does it limit any liabilities otherwise required by law.  



12. Checks and balances: 



12.1 Although the Platform does have automated rules in place to perform certain checks to the certificates, it is the sole responsibility of individual users to ensure that the user holds the relevant qualifications to enable them to use the platform, along with ensuring that all information entered into the Platform is correct.



12.2 Please note, that although the Fenix Certify Platform has such intelligence software in place, it is the company and/or individual’s sole responsibility to ensure that they hold the relevant qualifications to enable them to use this Platform. 



13. Disclaimers:



13.1 Please note that this Platform is solely intended for assisting with the creation of certificates and should not be relied upon in terms of accuracy. The certificates that are produced using this Platform are formulated solely using the information provided by you as a user. 



14. Links to third party sites: 



14.1 Links to third party sites may be included on our Platform. Unless expressly stated, these sites are not under the control of Fenix Certify.



14.2 Fenix Certify neither assumes nor accepts responsibility or liability for the content of any third-party sites. The inclusion of such links to another site is for informational purposes only and therefore does not imply any endorsement of the sites themselves or of those in control of them. 



15. Acceptable use policy:



15.1 The Platform must only be used in compliance with these Terms and Conditions. You must not use our Platform in a manner that is unlawful or fraudulent.



15.2 You must not knowingly cause harm to our Platform by uploading, sending or in any way transmitting data that contains any form of virus or malware or any other code designed to adversely affect computer, hardware, software, or data of any kind.



15.3 You must not knowingly cause any harm to any other user of our Platform.



15.4 Use of our Platform does not extend to allow for you, as a user, to sell, sub-licence, amend, modify, reverse engineer or otherwise interfere with the intellectual property rights of our Platform. 



15.5 Fenix Certify does not condone the sharing of inappropriate photos, videos or information via our Platform.



15.6 Where a user is found to have breached this acceptable use policy, we have the right to cancel such user’s subscription or refuse access to Fenix Certify’s services.  



16. Changes to these Terms and Conditions:



16.1 Fenix Certify may modify or amend these Terms and Conditions at any time. This includes the modification or amendment of any clauses of these Terms and Conditions, as well as corresponding documents (including documents relating to subscription services and one-off payments).



16.2 If they decide to do so, any such changes will become binding on all users upon their next visit to our Platform. All users are therefore advised to check this page and read these Terms and Conditions upon every visit.



16.3 Where Fenix Certify amends their fees relating to one-off payments, or subscription services, help@fenixcertify.com will contact you as a user directly via email, giving you notice of such change.  



17. Data protection, privacy and cookies:



17.1 These Terms and Conditions have been drafted in line and in accordance with the Data Protection Act 2018.



17.2 Use of our Platform is governed by our Privacy Policy  and Cookie Policy which can be found here. These policies are incorporated into these Terms and Conditions by reference.  



18. Severability:



18.1 If any provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, these provisions shall be deemed severed from the remainder of these Terms and Conditions. In such case, the remainder of these Terms and Conditions shall remain valid and enforceable.

  

19. Law and jurisdiction:



19.1 These Terms and Conditions, and the relationship between Fenix Certify and its users or visitors of our Platform, whether contractual or otherwise, shall be governed by, and construed in accordance with, the law of England and Wales.



19.2 Any disputes concerning these Terms and Conditions, the relationship between users, visitors and Fenix Certify, or any matter arising therefrom or associated therewith, whether contractual or otherwise, shall be subject to the jurisdiction of the court of England and Wales.  



20. Contact us: 



20.1 If you have any questions or concerns in regards to these Terms and Conditions or our Platform in general please email us at help@fenixcertify.com