OutOfTown
Apps: Terms and conditions
Mobile application end-user licence agreement
Please read carefully before using the App(s). These terms and conditions were last updated on 20 March 2022.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Thomas Holmes of 38 Davies Lane, London, England, E11 3DR, United Kingdom
(we, us, our ) for:
The OutOfTown mobile App(s)); collectively referred to as App(s); and
Associated online or electronic documents (Documents).
We license use of the App(s) and Documents to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site, located at (Appstore), the End-user downloaded the App (App Store Rules). We do not sell the App(s) or Documents to you.
We remain the owners of the App(s) and Documents at all times.
Operating system requirements
Certain App(s) may require an Apple or Android Device (as defined in condition 1.4 below) with a camera with auto-focus, internet access and a minimum of 48MB of memory available. The minimum operating systems we support are iOS 10 and Android 6 and above. The App(s) may work on other Operating Systems but the Operating Systems specified above are the minimum Operating Systems we test on and guarantee that the App(s) will run for.
Important notice
By downloading the App(s) or clicking on the "accept" button below you agree to the terms of this EULA which will bind you. The terms of this EULA include, in particular, the privacy policy defined in condition 1.5 and limitations on liability in condition 6.
If you do not agree to the terms of this EULA, we will not license the App(s) and Documents to you and you must stop the downloading process now. In this case the downloading process will terminate.
You should print a copy of this EULA for future reference.
Agreed terms
1. Acknowledgements
1.1
The terms of this EULA apply to the App(s) or any of the services accessible through the App(s) (Service(s)), including any updates or supplements to the App(s) or any Service(s), unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App(s) or any Service(s), the terms of an open-source licence may override some of the terms of this EULA.
1.2
We may change these terms at any time, notifying you of a change when you next start the App(s). The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Service(s).
1.3
From time to time updates to the App(s) may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App(s) and accepted any new terms.
1.4
You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (Devices) and to download or stream a copy of the App(s) onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You should check with your mobile or internet service provider for details of data and internet usage charges. You accept responsibility in accordance with the terms of this EULA for the use of the App(s) or any Service(s) on or in relation to any Device, whether or not it is owned by you.
1.5
The terms of our privacy policy from time to time (Privacy Policy), available at https://outoftown.app/Privacy-Policy for the OutOfTown App are incorporated into this EULA by reference and apply to those Services that are not specified in condition 1.1 as having separate privacy policies. Additionally, by using the App(s) or any Service(s), you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App(s) or any Service(s) may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
1.6
By using the App(s) or any of the Service(s), you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Service(s) to you.
1.8
The App(s) or any Service(s) may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.9
Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
Grant and scope of licence
2.1
In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App(s) on the Devices, subject to these terms, the Privacy Policy and the App store Rules, incorporated into this EULA by reference. We reserve all other rights.
2.2
You may:
(a) download the App(s) onto an Apple or Android Device, in line with the operating system requirements set out at the beginning of this agreement and view, use and display the App(s) on the Devices for your personal purposes only; and
(b) use the Documents for your personal purposes only.
3. Licence restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the App(s) or Documents except where such copying is incidental to normal use of the App(s), or where it is necessary for the purpose of back-up or operational security
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App(s) or Documents;
(c) not to make alterations to, or modifications of, the whole or any part of the App(s), or permit the App(s) or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App(s) or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App(s) with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the App(s) with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the App(s);
(e) to keep all copies of the App(s) secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App(s);
(f) to include our copyright notice on all entire and partial copies you make of the App(s) on any medium;
(g) not to provide or otherwise make available the App(s) in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App(s) or any Service (Technology), together referred to as Licence Restrictions.
4. Acceptable use restrictions
You must:
(a) not use the App(s) or any Service(s) 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 the App(s), any Service(s) or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App(s) or any Service(s), including the submission of any material (to the extent that such use is not licensed by this EULA);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App(s) or any Service(s);
(d) not use the App(s) or any Service(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Service(s) or our systems or attempt to decipher any transmissions to or from the servers running any Service(s); together referred to as Acceptable Use Restrictions.
5. Intellectual property rights
5.1
You acknowledge that all intellectual property rights in the App(s), the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App(s) are licensed (not sold) to you, and that you have no rights in, or to, the App(s), the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
5.2
You acknowledge that you have no right to have access to the App(s) in source-code form.
6. Limitation of liability
6.1
You acknowledge that the App(s) has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App(s) as described in the Documents meet your requirements.
6.2
Although we make reasonable efforts to update the information in the App(s), we make no representations, warranties or guarantees, whether express or implied that the content of the App(s) is accurate, complete or up-to-date.
6.4
You acknowledge that the content may be updated, altered or removed, from time to time, at any time, without notice to you
6.5
We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 6.6, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.
6.6
Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to allowing you to download another copy of the App(s). This does not apply to the types of loss set out in condition 6.7.
6.7
Nothing in this EULA shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by English law.
6.8
We are not responsible for any data usage, roaming or other charges you incur when accessing the internet through your mobile or other Device, as specified in condition 1.4.
6.9
We only supply the App(s) and Documents for domestic and private use. You agree not to use the App(s) and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.