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Terms and conditions

The licence under which Hectare makes its software and apps available to you.

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PLEASE READ CAREFULLY BEFORE ACCESSING ANY SOFTWARE SERVICE FROM THIS WEBSITE OR DOWNLOADING OUR APP(S).

This licence agreement (Licence) is a legal agreement between you (Licensee or you) and Hectare AgriTech Limited of Sustainable Workspaces, County Hall 5th Floor, Belvedere Road, London, SE1 7PB, UK (Licensor, Hectare, us or we) for any software or apps made available by Hectare (Software).

We license use of the Software to you on the basis of this Licence. We do not sell the Software to you. We remain the owners of the Software at all times. By downloading or accessing this Software you agree to the terms of this Licence. If you do not agree to the terms of this Licence you must not download or access the Software.

Grant and scope of licence

  1. In consideration of you agreeing to abide by the terms of this Licence, we grant to you a non- exclusive, non-transferable licence to use the Software on the terms of this Licence.
  2. You may download, install and use the Software for your internal business purposes only.

Restrictions

  1. Except as expressly set out in this Licence or as permitted by any local law, you undertake:
  2. not to copy the Software except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up or operational security;
  3. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;
  4. not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
  5. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software nor 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 Software with another software program, and provided that the information obtained by you during such activities:
  6. is used only for the purpose of achieving inter-operability of the Software with another software program; and
  7. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
  8. is not used to create any software which is substantially similar to the Software;
  9. to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
  10. to supervise and control use of the Software and ensure that the Software is used by your employees in accordance with the terms of this Licence;
  11. to include our copyright notice on all entire and partial copies you make of the Software on any medium; and
  12. not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us.

Intellectual property rights

  1. You acknowledge that all intellectual property rights in the Software anywhere in the world belong to, or are licensed to, us, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, Software other than the right to use them in accordance with the terms of this Licence.
  2. You acknowledge that you have no right to have access to the Software in source code form.

Limited warranty

  1. We do not warrant that the Software will be uninterrupted and error free and we provide the Software “as is”.

Limitation of liability

  1. You acknowledge that the Software has not been developed to meet your individual requirements, including any particular requirements you might be subject to under law or otherwise, and that it is therefore your responsibility to ensure that the facilities and functions of the Software meet your requirements.
  2. We only supply the Software for internal use by your business, and you agree not to use the for any re-sale purposes.
  3. We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:
  4. loss of profits, sales, business, or revenue;
  5. business interruption;
  6. loss of anticipated savings;
  7. loss of business opportunity, goodwill or reputation; or
  8. for an indirect, special, indirect or consequential loss, damage, charges or expenses.
  9. Other than the losses set out above (for which we are not liable), our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £1,000.
  10. Nothing in this Licence shall limit or exclude our liability for:
  11. death or personal injury resulting from our negligence;
  12. fraud or fraudulent misrepresentation; or
  13. any other liability that cannot be excluded or limited by English law.
  14. This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Software. Except as expressly stated in this License, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Software which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

Termination

  1. We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
  2. On termination for any reason:
  3. all rights granted to you under this Licence shall cease;
  4. you must immediately cease all activities authorised by this Licence; and
  5. you must immediately and permanently delete or remove the Software from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.

Communications between us

  1. We may update the terms of this Licence at any time on notice to you. Your continued use of the Software following the deemed receipt and service of the notice shall constitute your acceptance to the terms of this Licence, as varied. If you do not wish to accept the terms of the Licence (as varied) you must immediately stop using and accessing the Software.

How we may use your personal information

  1. Under data protection legislation, we are required to provide you with certain information about who we are, how we process the personal data of those individuals who use the Software and for what purposes and those individuals’ rights in relation to their personal data and how to exercise them. This information is provided in the privacy policy and it is important that you read that information.

Other important terms

  1. We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
  2. This Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Licence.
  3. If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our
  4. rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
  5. Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
  6. This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.