PLEASE READ THESE LICENCE TERMS CAREFULLY
BY DOWNLOADING, ACCESSING, USING ANY APPLICATION OR DOWNLOAD AND/OR CLICKING ON THE “ACCEPT” BUTTON, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE LICENCE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE ANY APPLICATION OR DOWNLOAD, AND YOU SHOULD NOT PROCEED FURTHER.
Who we are and what this agreement does
We Houso Limited, a private limited company, incorporated in England & Wales with company number 12045870 and with registered office of Windover House, St Ann Street, Salisbury, Wiltshire, SP1 2DR, license you to use:
Houso v.1.0 mobile application software, the data supplied with the software, and any updates or supplements to it (App);
The related online 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.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Your App provider’s terms also apply
The ways in which you can use the App and Documentation may also be controlled by your App provider’s rules and policies. Your App provider’s rules and policies will apply instead of these terms to the extent of any differences or conflict between the two. For a copy of your App provider’s rules and policies, please see https://www.apple.com/legal/internet-services/itunes/uk/terms.html and https://play.google.com/about/play-terms/index.html
Operating system requirements
This App requires a iOS or Android device running iOS 10 or later, or Android 7 or later.
Support for the App and how to tell us about problems
Support. 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 resources at https://www.houso.co.uk.
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 email our customer service team at firstname.lastname@example.org.
How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us. Please ensure that any contact or other information which you supply us with is accurate and not misleading and that you update it so that it remains so.
How you may use the App, including how many devices you may use it on
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 for your personal purposes only;
use any Documentation to support your permitted use of the App and the Service; and
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.
When you download the App, you will be required to create a user profile. Your user profile will be used for accessing and/or using the App, by choosing a log-in ID (such as user name and/or password). You must treat your log-in ID as confidential. You must not share your log-in details with anyone else.
You will be solely responsible for maintaining the confidentiality and security of your account and your log-in ID. You will immediately notify us of any security breach. You will be responsible for all activity that occurs on or in connection with the App using your user profile/log-in ID.
In the event that we suspect or reasonably believe that you are in breach of any terms of this licence we may disable your user profile without warning.
Personal safety and security
You are solely responsible for your own personal safety and security. Please see https://www.houso.co.uk for some advice and assistance in this regard.
You can report other App users via the App if you believe they are breaching these terms.
You must be 18 to accept these terms and download/buy the App
You must be 18 or over to accept these terms and to download/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 otherwise 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.
Internet access and charges
In order to access the Services, you will need to obtain access to a data network. You should note that your mobile network’s data and messaging rates and fees may well apply and you will be responsible for all such rates and fees.
Paid-for applications, downloads and in-app purchases and subscriptions
Certain features and parts of the App/Services are available free of charge, however, full or enhanced use of our Services is available only to those users who take out a subscription via the App. The amount of such subscription / fees are set out in the App.
Please note that once you have paid your subscription and accessed the enhanced features of the App and unless otherwise expressly stated in this licence or required by law, you will have no right (often referred to as a cooling off right) to change your mind and cancel under the Consumer Contract Regulations 2013 once the download has started. The subscription fee paid by you will give you access to the relevant upgrade, features, functions or content for the period of time selected by you from amongst the options made available within the App.
Where you pay to download any paid-for app, download, or other in-App purchase, we warrant that it will substantially comply with the description provided by us at the point of download and that any Services we provide through it will be provided with reasonable skill and care.
We reserve the right at any time to change our subscription prices. Any changes to our subscription prices will take effect if you apply for a new subscription. If you are an existing subscriber we will give you notice by email at least one month before any price change takes effect. If you do not agree to the new fee, you should cancel your subscription before the renewal date of your subscription. If you fail to cancel your renewal subscription in accordance with the above, your subscription after the one month’s notice will be at the new price stated. In the event that you dispute any payment you should contact us immediately with full details by using our contact details set out above.
At the end of your initial subscription period, your subscription will automatically renew for an equivalent period (and continue to do so) unless you alter your subscription renewal settings in accordance with the instructions to be found on our website https://www.houso.co.uk. You authorise us, the appstore from which you downloaded this App and/or our respective third party payment providers to charge your payment card or otherwise take payments for the relevant amounts when payments are due in accordance with these licence terms.
No refunds will be payable by us if you cancel your subscription unless we are found to have been in breach of these licence terms.
We are not an online estate agency
You acknowledge and agree that the App is not, and does not function as, an online estate agency.
Changes to these terms
We may need to change these terms for a number of reasons, including (but not limited to) in order to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 14 days notice of any change by sending you an email, SMS or in-App message with details of the change.
If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you and it might interfere with your enjoyment of the App and the Service. Your continued use of the App and Services now or following the notification of any such changes will indicate your acceptance of these terms and of any such changes.
Updates 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 some, or all of, the Services. If you choose not to install an update, you may wish to cancel any subscription that you have taken out.
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.
Content available through the App
Where the App makes content available, you acknowledge that such content may be updated at any time. Whilst we try to make sure that content made available by the App consisting of information of which we are the source is correct, you acknowledge that the App will make content available which is derived from a number of sources (including other subscribers to the App) for which we are not responsible and accept no liability. In all cases, information made available by the App is not intended to amount to authority or advice on which reliance should be placed.
Except as expressly set out in these terms, and to the fullest extent permitted by applicable law, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the App and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. In particular, we accept no liability whatsoever for the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content uploaded to the App by third parties (including other users of the App). To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the App.
We do not guarantee or warrant that any photos, digital images, data or text you create, upload, send or store for the purpose of your use of the App and/or the Services will not be subject to inadvertent damage, corruption or destruction. If any such content is damaged, lost or corrupted in any way, we will have no obligation or liability to you. You are solely responsible for your use of the App and the Services, including all content you generate or upload to the App. We are not and will not be responsible for what is contained in any such content.
We reserve the right to refuse to process any order or upload submitted by you containing content that we, in our sole discretion, deem abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise offensive, illegal, inappropriate or unacceptable, including any material we believe may cause any liability for it under any applicable law or regulation. In particular we reserve the right to refuse to process orders or uploads containing content which, in our sole opinion, contains expressions of abuse, offensive language or images, obscenity or pornography. Any user content provided by you remains your property. In providing that content to us, however, you grant to us a worldwide, perpetual, transferrable, irrevocable, royalty free licence (with a right to sub-licence) to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise exploit in any manner such content in all formats and distribution channels, without further notice or consent from you, and without the requirement of payment to you or any other person or entity.
You confirm that you are either the sole and exclusive owner of all content uploaded by you to the App, or you have all rights, licences, consents and releases to grant to us the licence to use such content in accordance with the paragraph immediately above. You further confirm to us that such content or our use of that content as permitted in these terms will not infringe the rights of any third party (including, but not limited to, third party privacy rights and/or intellectual property rights).
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 may collect technical data about your device
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
We may collect location data (but you can turn location services off)
Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
You may stop us collecting such data at any time by turning off the location services settings on your 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.
You agree that you will:
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 use the App or the Services to threaten, stalk, harass or otherwise harm anyone, or pretend to be, or otherwise impersonate, anyone you are not;
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 use the App or the Services in connection with any illegal activity;
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 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; 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
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 knowingly upload any untrue, false or otherwise inaccurate content to the App;
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 App 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. Save as otherwise expressly provided in these licence terms, 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.
The App may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively known as Open Source Software). Please note that, to the extent that the App contains any Open Source Software, that element only is licensed to you under the relevant licence terms of the applicable third party licensor (Open Source Licence Terms) and not under these terms, and you accept and agree to be bound by such Open Source Licence Terms. A copy of the source code of any Open Source Software contained in the App and the relevant Open Source Licence Terms will be made available to you upon request.
Disputes between users of our App and Services
In the event of any dispute between one or more users of our App, you release us from any and all claims, demands and damages of every kind and nature arising out of or in any way connected with such disputes.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Exclusion or limitation of liability. To the fullest extent permitted by applicable law, we exclude all liability (whether any claims, loss or damages arise in tort, contract, negligence under statute or otherwise) for any claims, losses, demands, or damages of any kind whatsoever with respect to this App, the Services and/or the Documentation including, without limitation, direct, indirect, incidental, or consequential losses, or damages, whether arising from loss of profits, loss of revenue, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to, or was foreseeable by, us.
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.
If you are a consumer, your statutory rights are not affected.
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. The App is for domestic and private use. 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.
You are responsible for any matters relating to viewings of your property. If you do not feel comfortable hosting a viewing or you are vulnerable, please ensure that other people are present at the viewing. We are not responsible for the safety of App users during the viewings. For further guidance on safety during viewings please see https://www.houso.co.uk.
Limitations to the App and the Services. The App and the Services 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. We make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
We cannot guarantee the continuous operability of the App or that the app will be free from viruses. We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the App or that the App will respond at a certain speed (since this depends on a number of factors outside of our control).
We cannot and do not guarantee that the App or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (such as anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of any App and its content.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with, or uploaded to, 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 and in any 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.
Our right to end your rights to use the App and the Services
We may cancel this licence at any time by email notice to you if in our discretion we consider that it is inappropriate for us to provide our Services (including if any licensor of software required to operate the App and/or provide the Services terminates their licence with us). If so, we will refund your most recent payment only.
We may, at any time with or without notice, cancel this licence or suspend part or all of our Services if we have reason to believe that you have breached our terms and conditions or if any fees due to us are unpaid or it is necessary to protect us or others or if we are required to do so by law or appropriate authority. If so, and you are a subscriber, we will refund pro rata that part of your most recent subscription payment relating to the period after cancellation.
Following cancellation of this licence, your right to use the App and/or our Service and all licences granted under this licence are terminated. If we end your rights to use the App and Services:
You must stop all activities authorised by these licence 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.
Accrued rights and liabilities are unaffected by cancellation. All clauses in this licence which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use the App or Services if we have given you notice of cancellation.
Your right to cancel or terminate
You are entitled to cancel this licence at any time by email to our customer service team at email@example.com. Unless required by law, you will not be entitled to any refund of fees paid if you cancel any subscription.
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.
Rights for third parties
Save as otherwise expressly provided in these terms, 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.
Apple Inc. and Google Inc. and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to these terms if you access the App and/or the Services using applications developed for Apple iOS and Android, respectively. These third party beneficiaries are not parties to this agreement and are not responsible for the provision or support of the Services in any manner.
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 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.
Alternative dispute resolution
We will always attempt to resolve any complaint and as such we don’t currently subscribe to alternative dispute resolution (ADR). If, however, you have made a complaint and you remain unhappy with our resolution of it, we are required to let you know about ADR. The full list of ADR providers can be found on the Chartered Trading Standards Institute (CTSI) website (https://www.tradingstandards.uk/). The list of ADR providers is regulated by the CTSI.
In addition, and for so long as the United Kingdom remains a member of the European Union, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr).