OurHants Licence Agreement

Please read these licence terms carefully.

Who we are and what this agreement does

We Hampshire County Council (HCC) of The Castle, Winchester, SO23 8UJ licence you to use:

  • OurHants, being mobile application software (App) and any updates or supplements to it.
  • The related online documentation (Documentation).
  • The services you connect to via the App and the content we provide to you through it (Services).

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 in the OurHants Privacy Notice unless you are using a specific service to which a different privacy policy applies, as set out in Hampshire County Council privacy notices on its website and it is important that you read that information.

Device security and your data

We use reasonable administrative, technical and organisational measures designed to protect personal data processed through the App. However, the security of your data also depends on the security of the device and operating system you use to access the App.

Compromised devices

To the extent permitted by law, any statement that your data is “safe” or “secure” is made on the basis that your device has not been compromised. If your device is compromised (for example, by malware, unauthorised access, jailbreaking/rooting, or a lost/stolen device that is not protected by strong device security), we cannot guarantee the confidentiality, integrity, or availability of data accessed or stored via the App.

Your responsibilities

  • Keep your device and apps up to date (including installing security updates)
  • Use a strong passcode/PIN and enable biometric authentication where available
  • Do not use the App on a device that is jailbroken/rooted or that you suspect is infected with malware or otherwise compromised

Limitations

We are not responsible for any unauthorised access, disclosure, loss, or corruption of data caused by a compromised device, your failure to maintain appropriate device security, or circumstances outside our reasonable control. Nothing in these terms limits liability that cannot legally be limited.

How you may use the App

In return for your agreeing to comply with these terms you may not:

  • Republish material from the App
  • Sell, rent or sub-licence material from the App
  • Reproduce, duplicate or copy material from the App
  • Redistribute content from the App

The following organisations may link to the App without prior written approval:

  • Government agencies
  • Search engines
  • News organisations
  • Online directory distributors may link to the App in the same manner as they hyperlink to the Websites of other listed businesses

We may consider and approve other link requests from the following types of organisations:

  • Commonly known consumer and/or business information sources
  • Associations or other groups representing charities
  • Online directory distributors
  • Internet portals

These organisations may link to the App so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organisations listed above and are interested in linking to the App, you must contact us. Please include your name, your organisation name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to the App, and a list of the URLs on our site to which you would like to link.

Without prior approval and written permission, you may not create frames around HCC’s webpages that alter in any way the visual presentation or appearance of our App.

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.

If you do not accept the updated terms, you will not be permitted to continue to use the App and the Services.

Update to the App and changes to the Services

From time to time, we may automatically update the App and change the Services 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.

We are not responsible for other websites you link to

The App or any Services 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 judgment about whether to use any such independent sites, including whether to buy any products or services offered by them.

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 licenced (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.

Liability

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.

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.

Limitations to the App and the Services. The App and the Services are provided for general information 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 Services. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

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 material way. If what you have done can be rectified, 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 transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation.

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 contract, we can still enforce it later

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 each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any disputes of whatever nature arising out of or relating to this agreement.