Hoolan Terms

By downloading and using our Apps, you agree that you have read, understood and agree to be bound by our terms of service set below.  If you do not agree to these terms, please do not access or use our Services.

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HOOLAN LTD (‘Hoolan’, 'we', 'us', or 'our',) offers a mobile application and a companion watch application that together allow users to track their water sport activities and view their performance statistics. These terms and conditions (Terms), in accordance with Hoolan's Privacy Policy, apply to the relationship between Hoolan and its users (Users); being any use of www.hoolan.app, the Hoolan mobile application and the companion Hoolan watch application (Apps), and any other service offered by Hoolan (collectively known as the ‘Services’).
 

Subject to your acceptance of, and adherence to, these Terms, Hoolan hereby gives you a personal, non-exclusive and non-transferable licence to use our Services. 

Hoolan's registered address is 85 Great Portland Street, First Floor, London, England, W1W 7LT.

 

 

REGISTRATION AND PERSONAL ACCOUNT

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To use our Services, you need to register and create a personal account using your full name, username and email address.
 

You agree to provide up-to-date, complete and accurate account information for all use of the App.

You agree to promptly update your personal account, including your e-mail address, so that we can contact you if needed.

We use password-less account authentication, using a secure email link. It is your responsibility to ensure the confidentiality of this authentication process and to restrict access to your computer, email account, mobile device and smartwatch while logged into our Services.

 

You accept responsibility for all activities that occur under your account or from your computer or mobile device. We use all reasonable measures to prevent attack from third-party hackers, however cannot guarantee absolute security of your account, your content or the personal information you provide.  You confirm you understand the risk of unauthorised access to your account and agree to notify Hoolan immediately if you become aware of any such unauthorised access. Please email contact@hoolan.app.

 

Hoolan is entitled to temporarily block or delete your personal account if we suspect abuse of that account or the App. We can also block or delete your account if you violate these Terms or other additional terms, conditions and policies referenced herein.

 

Users are able to delete their account by emailing contact@hoolan.app

 

 

REQUIREMENTS

 

If you are using the Hoolan Services and are under the age of 18 yrs, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand it.

 

If you download the App onto any mobile and/or smartwatch 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 smartwatch.

 

Full use of the Hoolan App currently requires Internet connection, an iPhone 6s or later with iOS 14 and above and an Apple Watch SE 1st gen or later with WatchOS 7 and above. These third-party products and services may require periodic updates which may affect the performance of the Services. The Hoolan Services are not a guaranteed part of any third-party product or service offering, and no purchase or obtaining of any third-party product or service shall be construed to represent or guarantee you access to the Services, or that it will be error free. 

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HOOLAN COMMUNICATIONS

When you sign up to the Hoolan App, you will be automatically added to Hoolan's marketing list to receive information on any new developments or features to the App, news, advice, inspiration and promotions. You may opt out at any time by clicking the unsubscribe link in the emails or by emailing us at contact@hoolan.app. You will then be removed from marketing lists, however we may still communicate with you, for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

 

 

ACCEPTABLE USE RESTRICTIONS

 

The Services are for your personal and non-commercial use.

 

You must:
 

• not use the Apps 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 impersonate any person or entity, including, but not limited to, a Hoolan administrator, or falsely state or otherwise misrepresent your affiliation with a person or entity;

 

• not infringe our intellectual property rights or those of any third party in relation to your use of the Apps or any Service (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 Apps or any Service;

 

• not use the Apps 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 systems or attempt to decipher any transmissions to or from the servers running any Service.

 

 

UPLOADING CONTENT TO OUR APP

 

Whenever you make use of a feature that allows you to upload content to our mobile App, such as comments or photos, or make contact with other users of our App, you agree that your contribution will not:
 

• contain pornographic, discriminatory, offensive, threatening, obscene or otherwise objectionable or unlawful material;

 

• be false or misleading;

 

• contain commercial messages (i.e. it is not permitted to place advertisements)

 

• contain any computer viruses or other malware that could in any way affect the operation of the App or any related website or service of Relive;

 

• violate any right of Hoolan or a third party, including but not limited to copyrights, trademarks, privacy or any other personal or (intellectual) property right; or

 

• be in any other manner unlawful against Hoolan or any third party.

 

Users are solely responsible for the contributions they make and their accuracy. Hoolan is not responsible nor liable for any contributions made by Users in any way. Hoolan reserves the right to edit or remove content that in our sole discretion violates these Terms or is otherwise inadmissible.

 

Any content you upload to our mobile App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. This licence ends when you delete your Content or your account.

 

 

PRIVACY STATEMENT

 

Your privacy is very important to Hoolan. When you register with and make use of our Services, it is essential to the services that we provide, and a necessary part of the performance of the agreement that we have with you, that we collect certain personal data, including location data. Please reference our Privacy Policy to understand exactly what data we collect and for what purposes.

 

ACCURACY OF INFORMATION

 

Hoolan makes every effort to keep the information given through the mobile App accurate and up to date, but we cannot guarantee that that information is always fully accurate, complete or current. The information on the Apps is provided for general information purposes only. No rights can be derived from it. Any reliance on the provided information is at your own risk.

 

Hoolan processes your gps and movement data, collected and tracked on your smartwatch, to provide meaningful statistics on your activity performance.  We cannot be held responsible for any inaccuracies of data recorded by third-party smartwatch hardware.

 

UPDATES TO OUR SERVICES

 

Hoolan will continue to develop and update their Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues at any time, without notice. Development may include discontinuation or modification, temporarily or permanently, of functionality or features of the Services. Hoolan is in no case liable to you for such updates or modifications.

 

 

SUSPENSION OR WITHDRAWAL OF APP

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We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. Hoolan reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice.  You agree that Hoolan shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

 

DISCLAIMER

 

The services are provided by Hoolan and its affiliate ‘as is’. Hoolan does not guarantee, represent or warrant that your use of the Apps will meet your requirements, be uninterrupted, available at any time or from any particular location, secure or error-free, that defects will be corrected, or that services are free of viruses or other potentially harmful components. Put simply, we do our best to make sure that our software is working perfectly without bugs, but we can’t absolutely guarantee it.  In no case shall Hoolan be liable for any direct or indirect damages, including but not limited to, any loss of data arising out of the use or inability to use the software.

 

The Services are provided for general information and entertainment 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 Services.

 

You acknowledge that the activities you undertake whilst using the Hoolan Apps carry certain inherent and significant risks of property damage, bodily injury or death, and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction or negligence of Hoolan, or by the action, inaction or negligence of others.

 

 

LIMITATION OF LIABILITY

 

PLEASE TAKE ADEQUATE SAFETY PRECAUTIONS - DO NOT PUT YOURSELF IN A POSITION THAT CAN LEAD TO SERIOUS INJURY OR DEATH.

 

Hoolan is not liable to you for any damage you suffer as a result of the use of the App, including - but without limitation - any injury or damages resulting from behaviour of Users related to tracked activities.

 

Hoolan cannot be held liable for the damage of any property of the User caused by information in the app, nor for damage caused to a smartwatch or mobile phone by downloading the software or using it on or in the water

 

Hoolan cannot be held 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.

 

 

INDEMNIFICATION

 

Users agree to indemnify, defend, and hold harmless Hoolan from and against all liabilities, damages, and costs (including settlement costs and reasonable solicitors’ fees) arising out of third party claims regarding: (i) any injury or damages resulting from behaviour of Users related to tracked activities; and (ii) Content Users submit, post, transmit or otherwise seek to make available through the Services, (iii) Users breach of these Terms or violation of any applicable law, regulation or order.

 

 

INTELLECTUAL PROPERTY RIGHTS

 

Hoolan is the holder of all intellectual property rights on information provided by the App, such as patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, know how, property rights and processes (Intellectual Property Rights).

Hoolan gives you a personal, non-exclusive and non-transferable licence to use our Services. The User is not allowed to sell, sub-license, distribute or access in any other way (i.e. via screen-scraping or url-guessing) the content of the Website and the Apps.

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The User is not allowed to reverse engineer, decompile or otherwise attempt to derive the source code, techniques, processes, algorithms or other know-how from Hoolan.

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The use of Hoolan Services is solely intended for your personal, non-commercial use. Any other use of the Services requires the prior written permission of Hoolan.

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In the event of a breach of this article, Users will be liable to Hoolan for an immediately payable amount of £250 per breach and £100 - for each day on which the breach continues, without prejudice to Hoolan’s right to opt for damages instead of this amount.

 

The logos displayed on the Site or accessed through the use of the Services are registered and unregistered trademarks of Hoolan. Use of any of Hoolan’s logos displayed on the Site or accessed through the use of the Services, without our express prior written permission is strictly prohibited.

 

 

TRANSFER OF RIGHTS AND OBLIGATIONS

 

Hoolan may freely assign their rights and obligations under these Terms in the event of a merger, acquisition or sale of assets, by law or otherwise.

 

 

CHANGES TO THESE TERMS

 

Hoolan reserves the right change these terms, for example to reflect changes in the law or best practice, or to deal with additional features or business processes we introduce or commercial decisions we make. When we change these Terms in a significant way, we will email you with details of the change or notify you when you next start the App and request you to accept the updated Terms before you can continue your use of our App. By continuing to use the App, Website and/or our services you acknowledge the most recent version of these Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

 

 

SEVERABILITY

 

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.

 

The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.

 

 

DELAY IN ENFORCING CONTRACT

 

If we do not enforce (parts of) these Terms, this cannot be construed as consent or waiver of the right to enforce them at a later moment in time or against another User.

 

APPLICABLE LAW AND JURISDICTION

 

These terms are governed by English law and, unless this dispute can be settled amicably, you can bring legal proceedings in respect of the products in the English courts.

 

 

FEEDBACK

 

Hoolan welcomes, and is grateful for, your feedback, comments and suggestions regarding our Services. If you provide feedback, you grant Hoolan a royalty-free license to copy, distribute, publicly display and use such feedback on a worldwide basis. Please do not send Hoolan any feedback that you wouldn’t be willing to license to use in this way.

 

 

COMPLAINTS

 

Hoolan wants you to enjoy all the benefits of our App and strives to offer the best service possible. If you think the Apps or the Services are faulty or misdescribed or wish to contact us for any other reason please e-mail us at contact@hoolan.app.

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