Terms and Conditions
Last updated: 14th June, 2018
Welcome to HUNCH®, the early warning app to help communities to fight back against knife crime. If you’ve got a hunch that trouble might be brewing, one simple tap will tag the location and alert everyone via a push notification within a 300m area to be vigilant and to consider a detour. It’s free and anonymous. Recipients of the alert can tap on it to see a map of the exact location of the HUNCH® alert. The map will display your location and may also display recent HUNCH® alerts of potential trouble nearby. The frequency of HUNCH® alerts are indicated by the yellow, orange and red HUNCH® circles. It won’t prevent every incident but the HUNCH® app can be a powerful tool to help diffuse or disrupt a situation before it develops into something more serious. To help prevent a potential crime, rather than just report it. The more people that HUNCH®, the more effective it becomes. So download it now, and spread the word with your friends and neighbours. Now there’s something we can all use to help fight back in the battle against knife crime. And help to return some peace to our streets.
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the HUNCH® mobile application (the "Service") operated by Atomic London Limited and Supercharge London Ltd (“HUNCH®” "us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
You consent to entering these terms electronically, and to storage of records related to these terms in electronic form.
If you choose to access the App, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations.
These Terms may be amended from time to time. Please periodically review the controlling, online version of these Terms found in the about us page on the app (http://www.hunchapp.co.uk). By continuing to use the App subsequent to us making available an amended version of these Terms, you thereby acknowledge, agree to, and consent to such amendment.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
In order for the App to be able to plot your “hunch”, it needs to know where you are located. Therefore, you agree to enable Location Services on your device and allow HUNCH® to utilise GPS and other available signals to identify your detailed device and location information. Without this ability, HUNCH® will not operate correctly and you will not be permitted to use the App. Additionally, in order to keep the App updated and accurate, and to provide you with updated information, HUNCH® will keep a history of your device’s submissions made while using the App, however your device can not be identified individually. You explicitly agree and consent to all such activity Accordingly you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and device’s submissions to provide and improve the location-based elements of the Service.
You represent and warrant that you will not:
- Violate any law (including without limitation laws related to torts, contracts, export controls, patents, trademarks, trade secrets, copyrights, defamation, obscenity, rights of publicity, anti-social behaviour or other rights) or encourage or provide instructions to another to do so;
- Act in a manner that negatively affects other users’ ability to use the App, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
- Obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the App;
- Use any robot, spider, scraper, or other automated means to access the App for any purpose;
- Submit false or misleading information to us or through the App;
- Copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- Translate, merge, adapt, vary, alter or modify, the whole or any part of the App, or Service nor permit the App or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
- Disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things;
- Infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
- Transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- Use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- 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.
Apple's AppStore and Google Play's TERMS ALSO APPLY ("the Appstores")
The ways in which you can use the App may also be controlled by the Appstore's rules and policies and the relevant Appstore’s rules and policies will apply instead of these terms where there are differences between the two.
OPERATING SYSTEM REQUIREMENTS
This App requires a smartphone running iOS 10 or above, or Android 5 or above.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support: If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.hunchapp.co.uk
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at email@example.com
How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
- download or stream a copy of the App onto your mobile device and view, use and display the App and the Service on such devices for your personal purposes only.
- receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND DOWNLOAD THE APP
You must be 18 or over to accept these terms and download the App.
UPDATES TO THE APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the App and change the Service 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.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device 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 other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Service as set out above. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.
LINKS TO OTHER WEB SITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If we end your rights to use the App and Service:
- You must stop all activities authorised by these terms, including your use of the App and any Service.
- 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 remotely access your devices and remove the App from them and cease providing you with access to the Services.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
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.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
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 Service. The App and the Service are provided for general information purposes only. They do not offer advice on which you should rely. Any suspected crimes should be reported to the police and not otherwise acted upon by you. 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 Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Service are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service (as described on the appstore site) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
You use the app at your sole risk. The app, including all content, software, website, functions and materials, are provided “as is” and “as available” without warranties of any kind, either express or implied, including, without limitation, any warranties with respect to any uptime or uninterrupted access, the availability, accuracy or usefulness of any content, or any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, features, quality, compatibility, performance, security or accuracy. We do not warrant the app and/or any content will be timely, secure, uninterrupted, or operated free of delays in transmission, failure in performance, computer viruses, inaccuracies, errors or defects. We also assume no responsibility, and shall not be liable, for any damages to or virus(es) that may infect your computer equipment, cellular/mobile phone or other property on account of your access to, browsing, or use of the app. You are solely responsible for implementing sufficient safeguard procedures and virus checks (including anti-virus, regular system upgrades and other security checks and measures) to satisfy your particular requirements for the accuracy and security of data input and output. No advice, results or information, whether oral or written, obtained by you from us or through the app shall create any warranty not expressly made herein.
We also disclaim any warranties relating to the accuracy of the maps and content presented or displayed in or by the App. Although HUNCH® works to give you the most qualified mapping information and asks that you help us to make any necessary corrections, We cannot guarantee there are no inaccuracies. Therefore, you agree and acknowledge that use of the App is at your sole risk, and you agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the App. You further acknowledge that it is your responsibility to comply with all applicable laws while using the App.
The information provided by the App is not intended to replace the information presented in the physical world. In the event that information in the physical world differs from the App, you must not rely on the App.
You acknowledge and agree that your sole remedy for any problems or dissatisfaction with the app is to discontinue all use of the app.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
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 contract, 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 contract, 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 CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English law and either party can bring legal proceedings in respect of the App and the Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the App and the Service in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the App and the Service in either the Northern Irish or the English courts.