PLEASE READ THESE LICENCE TERMS CAREFULLY
BY CLICKING ON THE ACCEPT BUTTON YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
BY CLICKING ON THE ACCEPT BUTTON YOU AGREE, WHILE USING THE APP, TO WORK TO THE LATEST STANDARDS.
Who we are and what this agreement does
We HYDROLOGIC TECH SOLUTIONS LTD of 20-22 Wenlock Road, London N1
7GU ( license you to use):
SmartSite.live mobile application software, the data
supplied with the software, (App) and any updates or supplements to it.
The related online OR electronic documentation (Documentation).
The service you connect to via the App and the content we provide to you
through it (Service) as permitted in these terms.
Your privacy
Under data protection legislation, we are required to provide you with certain
information including 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. This information is provided on this page.
Unless you are using a specific service to which a different privacy policy applies,
as set out below and it is important that you read that information.
The App Store and Google Play Store's terms also apply
The ways in which you can use the App and Documentation may also be
controlled by the App Store's rules and policies and Google Play Store's rules and policies will apply instead of these terms where there are differences between
the two.
Operating system requirements
This App requires an Android or iOS device with a minimum of Android 5 or iOS 9 operating system respectively.
Support for the App and how to tell us about problems
If you want to learn more about the App or the Service or have any
problems using them please take a look at our support page (click the support link on the website).
Contacting us (including with complaints). If you think the App or the Services
are faulty or misdescribed or wish to contact us for any other reason please message
our customer service team using the contact from on our support page.
How we will communicate with you.
If we have to contact you we will do so by email, using the contact details you have provided to us.
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 mobile device.
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.
You must be 18 or over to accept these terms and buy the App.
You may not transfer the App to someone else
We are giving you personally the right to use the App and the Service as set out
above.
You may not transfer the App or the
Service 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.
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.
We will give you at least 30 days’ notice of any change by sending you an SMS
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.
Update to the App and changes to the Service
From time to time we may automatically update the App 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
App 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 App and the Services.
The App will always [work with the current or previous 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.
If someone else owns the phone or device you are using
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.
We are not responsible for other websites you link to
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.
Licence restrictions
You agree that you will:
except in the course of permitted sharing not rent, lease, sub-license, loan, provide, or otherwise
make available, the App or the Services in any form, in whole or in part to any
person without prior written consent from us;
not copy the App, Documentation or Services, except as part of the normal
use of the App or where it is necessary for the purpose of back-up or
operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the
App, Documentation or Services nor permit the App 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 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 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 to obtain the
information necessary to create an independent program that can be
operated with the App or with another program (Permitted Objective), and
provided that the information obtained by you during such activities:
is not disclosed or communicated without the Licensor's 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; and
is not used to create any software that is substantially similar in its
expression to the App;
is kept secure; and
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 or any Service.
Acceptable use restrictions
You must:
not use the App or any Service 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, into the App, any Service or any operating system;
not infringe our intellectual property rights or those of any third party in
relation to your use of the App or any Service[, 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 App or any Service;
not use the App or any Service 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 any Service or our systems
or attempt to decipher any transmissions to or from the servers running any
Service.
Intellectual property rights
All intellectual property rights in the App, the Documentation and the Services
throughout the world belong to us (or our licensors) and the rights in the App and
the Services are licensed (not sold) to you. You have no intellectual property
rights in, or to, the App, the Documentation 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.
When we are liable for damage to your property. 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.
We are not liable for business losses. If you use the App 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 App and the Services. The App and the Services are
provided for general information and entertainment purposes 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 App or the Service. Although we make reasonable efforts to
update the information provided by the App and the Service, 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 used with the App. We recommend that you
back up any content and data used in connection with the App, to protect
yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you. The App and the
Services have not been developed to meet your individual requirements. Please
check that the facilities and functions of the App and the Services (as described
on the appstore site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the
Services or support for the App 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 App and the Services if you break these
terms
We may end your rights to use the App 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 App and Services:
You must stop all activities authorised by these terms, including your use of
the App 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.
We may remotely access your devices and remove the App from them and
cease providing you with access to the Services.
We may transfer this agreement to someone else
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 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
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 agreement, 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
agreement, 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 agreement 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.