Hozelock Mobile Apple Application End User Licence Agreement EULA
This Hozelock Mobile Application (the “App“) is operated by Hozelock Ltd company number: 00645367 of Midpoint Park, Birmingham, B76 1AB (“Hozelock“, “we” or “us“).
This App works in conjunction with Hozelock’s Cloud Controller smartphone controlled automatic watering products (the “Products“) which can be purchased separately from Hozelock authorised retailers. The functionality and use of the Products is subject to separate terms and conditions of purchase found within your Product packaging and the instructions included in this App. This App is not for use and must not be used with any other products or services.
This EULA relates to your use of the app and the “Service”, being (a) the Cloud Controller automatic watering scheduling and control service and other services made available via the App; (c) access to weather station content made available via the App, and (c) all software, data, text, images, sounds, video, and content made available through the App. Any new features added to or augmenting the Service are also subject to this EULA.
If you want to uninstall this App at any time, please consult your device instructions.
- App and Service Use
- Hozelock grants to you a non-transferable licence to download this App and use the Service for your own personal use on a smartphone device that you own or control solely in connection with the Products, as permitted by the Usage Rules set out in the Apple App Store Terms of Service.
- THIS APP AND SERVICE IS FOR DOMESTIC USE ONLY. YOU MUST NOT USE THIS APP AND/OR THE SERVICE FOR ANY NON-DOMESTIC USES INCLUDING (BUT NOT LIMITED TO) AGRICULTURAL, COMMERCIAL OR INDUSTRIAL PURPOSES.
- You MUST NOT: (a) attempt to derive income from the use or provision of the App and/or Service, whether for direct commercial or monetary gain or otherwise; (b) modify, copy, publish, license, sell, or otherwise commercialise this App and/or Service or any information or software associated with this App; and/or (c) rent, lease or otherwise transfer rights to this App and/or Service; (d) disassemble, decompile or reverse engineer or otherwise attempt to derive source code from this App and/or Service; (e) use this App and/or Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into this App and/or Service, or any operating system; (f) use this App and/or Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and/or (g) collect or harvest any information or data from this App and/or Service or our systems or attempt to decipher any transmissions to or from the servers running any part of this App and/or Service.
- You MUST use this App and Service in compliance with all applicable laws and comply with applicable third party terms of agreement when using this App and Service (e.g. your wireless data service agreement).
- You MUST use this and the Products responsibly, including in accordance with any water board restrictions, hose pipe bans or water conservation measures. Please consider the environment when using this App and Service.
- You are entirely responsible for your use of the App and/or Service, the data you input, the scheduling of your watering times and the payment of water board charges.
- You are responsible for maintaining the confidentiality of your login and account and are fully responsible for any and all activities that occur under your login or account.
- Your right to use this App and/or Service will terminate immediately if you violate any provision of this EULA. Please note that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this App and/or Service.
We do not charge you for downloading this App however some services currently or in future provided by this App may be subject to a fee. You will be notified if you are about to use a service that incurs a fee, before any fee is incurred. Your network charges will apply for data usage (where your device is enabled for internet browsing and downloading) when using this App and/or Service.
- Intellectual Property
- Hozelock is a registered trade mark. Hozelock and all other registered trade marks are important assets of Hozelock. Proper use of these trade marks is important and you should follow the instructions of Hozelock when referencing our company’ products and services.
- All rights in and to this App and/or Service, including rights in patents, copyright, database rights, trade secrets and trade marks belong to Hozelock and/or its third party licensors. You shall not remove, obscure or alter Hozelock’ copyright notice, trade marks or other notices affixed to, contained within or accessed in conjunction with or by this App and/or Service. All rights in the App not expressly granted herein are reserved.
- Product Claims
You acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to this App, Service or the Products or your possession and/or use of this App, Service or the Products, including but not limited to: (a) product liability claims; (b) any claim that this App, Service and/or or the Products fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- Disclaimer and Limitation of Liability
- This App and the Service are provided by Hozelock “as is” and “as available”. You download and use this App and/or Service at your own risk, and you are solely responsible for any damages to your smartphone device(s) or loss of data that results from the download or use of this App and/or Service.
- To the fullest extent permitted by law, Hozelock and its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers hereby expressly exclude and disclaim all express, implied and statutory warranties, including warranties of merchantability, fitness for any particular purpose, non-infringement, or as to the operation and/or content of this App and/or Service.
- In particular, neither Hozelock, its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers gives any warranty: (i) that this App and/or Service will meet your requirements; (ii) that the use of this App and/or Service will not infringe the rights of any third party; (iii) that the use of this App and/or Service will be uninterrupted or error or virus or bug free; (iv) that the information contained on this App is up to date, complete or accurate; (v) that notifications will be provided in a timely manner; (vi) in relation to the availability, performance and/or security of this App and/or Service; (vii) that the App, Service and/or Products will save water or provide any specific efficiencies or cost savings.
- To the fullest extent permitted by law, Hozelock hereby excludes all liability arising out of or in connection with your use and/or misuse of this App and/or Service, whether in contract, tort (including negligence) or otherwise, howsoever arising, including without limitation: (a) all direct losses; (b) all indirect, consequential and special losses; (c) loss of profit, loss of data, loss of goodwill.
- Except for losses that cannot be excluded by law, including for death or personal injury as a result of Hozelock’s negligence, Hozelock’ total liability for any losses that cannot be excluded in their entirety under paragraph 5.4 above shall be capped at two thousand pounds (£2,0000).
- Nothing in this EULA shall limit or exclude Hozelock’s liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or any other liability that cannot be limited or excluded by law.
- To the fullest extent permitted by law, Apple shall have no warranty obligation and/or liability to you in relation to this App and/or Service.
- Events and equipment outside of our control
- Without limiting paragraphs 5.1 to 5.7 above, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control.
- The functionality of the App and/or Service will depend on the speed and availability of your device and home internet connection and router and the functionality of your home watering equipment which we are not responsible for (except where such watering equipment is official Hozelock equipment, in which case the terms and conditions of purchase for that equipment will apply).
- From time to time updates to this App and/or Service may be issued via the Apple App Store, or other App stores from which this App is available. Depending on the update, you may not be able to use or receive the full functionality of this App and/or Service until you have downloaded the latest version of this App and accepted any new terms.
We may at any time, terminate the provision of this App and/or Service in its entirety or any part of it, temporarily or permanently, by notifying you when you next start this App.
In the event that any paragraph or any part of any paragraph in this EULA is declared invalid or unenforceable by the judgment, decree by consent or otherwise of a court of competent jurisdiction from whose decision no appeal is or can be taken, all other paragraphs or parts of paragraphs contained in this Agreement shall remain in full force and effect and shall not be affected by such finding for the term of this Agreement.
- If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties in this section 5, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the greatest extent permitted by applicable law.
- Law and Jurisdiction
- Unless we tell you otherwise, this App and/or Service are only aimed at and available to EU residents. This App, the Service and the materials on this App may not meet the laws of any other country. If you access this App from another country, you are responsible for making sure you meet any local laws. The phone numbers provided only apply to phone calls made from within the EU.
- This EULA, its subject matter and its formation, are governed by English law. You and agree that the courts of England and Wales will have non-exclusive jurisdiction over any dispute arising out of these terms. However, if you are resident of Scotland, either of us may bring proceedings in Scotland.
- Third Party Beneficiary
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that Apple will have the right (and you accept the right) to enforce the EULA against you.
For assistance relating to the use of this App and/or Service please refer to the FAQs in this App. For any other assistance, including suggesting ideas or reporting a problem please email us at [email protected].