Eccleston Yards End User License Agreement
Date of last revision: 12 November 2019
This End User License Agreement (this “EULA”) is a binding legal agreement between you and HqO. By downloading, installing, or using this mobile application for Android, iOS or any other mobile platform in which it is made available (the “Software”), you agree to be bound by the terms of this EULA. If you do not agree to this EULA, do not continue to sign-up, therefore agreeing to be bound by this EULA and do not use the Software. You agree that the installation or use of the Software signifies that you have read, understood, and agree to be bound by this EULA.
The Software is provided to you under this EULA solely for your private, non-commercial use. When using the Software or the HqO content, information, membership functionality, platform features or any other services (collectively, the “HqO Service”), you will be subject to any additional terms applicable to such services that may be posted on http://www.hqo.co/ from time to time, including, without limitation, the HqO Terms located at https://www.hqo.co/, which incorporates by reference the HqO Terms and Conditions located at https://www.hqo.co/terms.
All such terms are hereby incorporated by reference into this EULA.
- Description of Software
The Software is a downloadable software application that enables you to access HqO functionality directly from your Android, iPhone, iPad or other mobile device supported by HqO (each, a “Device”). You may download the Software whether or not you use the HqO Service, but you must associate it with your HqO account to enable its full functionality.
Subject to the terms and conditions of this EULA, HqO hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicenseable, personal license to:
- Use the Software for your own personal use;
- Install the Software on only one Device.
For clarity, the foregoing is not intended to prohibit you from installing and backing up the Software for another Device on which you also agreed to this EULA. Each instance of this EULA that you agree to grants you the aforementioned rights in connection with the installation, use and back-up of one copy of the Software on one Device.
Title, ownership and all rights (including, without limitation, all intellectual property rights) in and to the Software and the HqO Service shall remain with HqO. Except for those rights expressly granted in this EULA or under any statutory consumer rights, no other rights are granted, whether express or implied.
You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.
You will not, except to the extent any of the following actions must be permitted under applicable law:
- Create derivative works based on the Software;
- Use the Software for any purpose except as described herein;
- Copy or reproduce the Software except as described herein;
- Sell, assign, license, disclose, distribute or otherwise transfer or make available the Software or any copies of the Software in any form to any third parties;
- Alter, translate, decompile, reverse assemble or reverse engineer the Software, or attempt to do any of the foregoing, except to the extent this prohibition is not permitted under an applicable law; or
- Remove or alter any proprietary notices or marks on the Software.
If you are under 16 years of age, you are not authorized to use the Software or the HqO Service, with or without registering. In addition, if you are under 18 years old, you may use the Software or HqO Service, with or without registering, only with the approval of your parent or guardian.
- Personal Information and Privacy
- Apple- and Google-Related Terms
HqO and you acknowledge that this EULA is concluded between HqO and you only, and not with Apple Inc. or third parties that operate using the Android operating system, which is owned by Google Inc. (collectively, the “Marketplace Provider”), and that as between HqO and the Marketplace Provider, HqO, not the Marketplace Provider, is solely responsible for the Software and the HqO Service.
You may not use the Software in any manner that is in violation of or inconsistent with the usage rules set forth for the Software in, or otherwise be in conflict with, the applicable market place terms of service (the “App Store Terms of Service”).
Your license to use the Software is limited to a non-transferable license to use the Software on an iOS product or Android-based product, as applicable, that you own or control, as permitted by the usage rules set forth in the App Store Terms of Service. The Marketplace Provider has no obligation whatsoever to provide any maintenance or support services with respect to the Software. If you have any questions, complaints or claims with respect to the Software, they should be directed to the HqO Customer Support at [email protected]
The Marketplace Provider is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Software on an iOS product to conform to any applicable warranty, you may notify Apple Inc., and Apple Inc. will refund the purchase price for such Software to you, if any; and, to the maximum extent permitted by applicable law, Apple Inc. will have no other warranty obligation whatsoever with respect to such Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be HqO’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
HqO and you acknowledge that HqO, not the Marketplace Provider, is responsible for addressing any claims of you or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to: (a) product liability claims; (b) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Software or the end-user’s possession and use of the Software infringes that third party’s intellectual property rights, as between HqO and the Marketplace Provider, HqO, not the Marketplace Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
HqO and you acknowledge and agree that Apple Inc., and Apple Inc.’s subsidiaries, are third party beneficiaries of this EULA with respect to the Software, and that, upon your acceptance of the terms and conditions of this EULA, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce this EULA against you with respect to the Software as a third party beneficiary thereof.
The Google Play marketplace is owned and operated by Google. Your use of Google Play is governed by a legal agreement between you and Google consisting of the Google Terms of Service (found at
) and the Google Play Terms of Service (found at https://play.google.com/intl/en-US_us/about/play-terms.html). In addition, your use of Google Play is subject to the Google Play Business and Program Policies (http://play.google.com/about/androiddeveloper-policies.html). The Google Play Terms of Service, Google Play Business and Program Policies, and Google Terms of Service will take precedence in that order in the event of a conflict between them, to the extent of such conflict.
- No Warranty
HqO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE SOFTWARE IS OFFERED ON AN “AS-IS” BASIS AND, TO THE EXTENT PERMITTED BY LAW, NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. HqO, TO THE EXTENT LEGALLY PERMISSIBLE, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND.
- Right to Terminate or Modify Software
HqO reserves the right to change or modify portions of this EULA at any time. If HqO does so, HqO will indicate at the top of the page the date this EULA was last revised. HqO will also notify you of any material changes in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after being posted, except that changes addressing new functions of the HqO Service or changes made for legal reasons may become effective immediately. Your continued use of the Software after any such changes or modifications become effective constitutes acceptance of such changes or modifications. If you do not agree to abide by these or any future EULA, do not use or access (or continue to use or access) the Software. HqO may terminate your use of the Software, this EULA or the HqO Service at any time, with or without notice.
- Other links via the Service
The HqO Service may contain links to other independent websites which are not provided by HqO. Such independent sites are not under HqO’s control, and HqO is not responsible for and has 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.
- Open Source
The Software may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms, which can be found at https://www.hqo.co/third-party-software-library-dependencies and/or in the Software documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders indicated therein.
By accepting this EULA, to the fullest extent permitted by law, you agree to indemnify, defend and otherwise hold harmless HqO, its officers, directors, employees, agents, subsidiaries, affiliates and other partners from and against any and all claims, liabilities, losses, damages, costs and expenses (including legal and expert fees) incurred by any of them arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HqO SHALL NOT BE LIABLE TO YOU WHETHER IN TORT (INCLUDING FOR NEGLIGENCE), BREACH OF STATUTORY DUTY, CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR (A) DIRECT OR INDIRECT LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL AND/OR SIMILAR LOSSES OR LOSS OR CORRUPTION OF DATA OR INFORMATION, OR PURE ECONOMIC LOSS, OR (B) SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES HOWEVER ARISING UNDER THIS EULA. IN NO EVENT WILL HqO’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID HqO IN THE LAST SIX (6) MONTHS OR, IF GREATER, ONE HUNDRED DOLLARS (£100). THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTHING IN THIS EULA EXCLUDES THE LIABILITY OF HqO FOR DEATH OR PERSONAL INJURY CAUSED BY HqO’s NEGLIGENCE OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY LAW.
This EULA constitutes the entire agreement between you and HqO and governs your use of the Software on one Device, superseding any prior agreements between you and HqO with respect to the Software on such Device. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. This EULA, its subject matter and its formation, are governed by and shall be construed in accordance with English law. You can bring legal proceedings in respect of the HqO Service in the English courts. The failure of HqO to exercise or enforce any right or provision of this EULA will not constitute a waiver of such right or provision. Each of the sections to this EULA 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. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign any rights or transfer any obligations under this EULA without the prior written consent of HqO, but HqO may assign and/or transfer this EULA, in whole or in part, without restriction. 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. The section titles in this EULA are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail.