Hutchison 3G UK Limited X CSM AR APP Terms and Conditions EULA
End-User License Agreement
Last updated: 12th February 2020
Please read this End-User License Agreement ("Agreement") carefully before using the Hutchison 3G UK Limited (“Three”, “Us”, “We”) CSM AR application (the “App”). This Agreement sets out the terms and conditions under which you (“you”) may access and use the App. By accessing and using the functionality of the App you agree (and shall be deemed to have agreed) to honour and abide by the terms of this Agreement. Your use of this App is conditional upon acceptance of the terms of this Agreement. If you do not or cannot agree with any of these terms, please do not access or use (and ensure you delete) this App from your device.
We may update, develop and change the App from time to time and in addition we may amend the terms of this Agreement. Please ensure you check here regularly for updates.
This App provides an augmented reality web-based experience enabling you, the user, to view a catwalk within a 3D space.
The App is provided to you by Three, a company incorporated and registered in England and Wales with company number 03885486 whose registered office is at Star House, 20 Grenfell Road, Maidenhead, Berkshire, SL6 1EH, having been built by Hammerhead Interactive Limited (trading as Dimension), a company incorporated and registered in England and Wales, with company number 08963806, registered at Proto 2.0., Baltic Business Quarter, Gateshead NE8 3DF, using proprietary technology licensed from 8th Wall, Inc.
This App has no data sharing facility and We will not request data from you. Your operating system will ask you by default for permission to access your phone camera. You will need to grant this in order to use the functionality of the App. If you do not agree to this, do not continue to use the App and delete it from your device(s). Once you have granted permission, the phone (via the camera) will be able to track a plane (3D space) and place the asset (here the catwalk model) so that you can enjoy the augmented reality experience.
This App is accessed via a link and not by download. It operates as a streaming function which will only be available so long as the link remains live.
You agree that all content on the App, including visual design (ie text, graphics, images, trade marks, logos) photographs, software, edited material, copy, video clips and other content is protected in accordance with intellectual property law in England and Wales and is owned by Three or used with permission of the software, copyright owner or content provider with which Three has a business relationship, whether directly or indirectly. Three grants you permission to view and use the App in accordance with this Agreement. You may only use the App for your personal use, not for commercial purposes. Any distribution, reproduction, re-publication, development, modification or electronic copying of the content on or from the App, whether partial or whole, is expressly forbidden without the express written permission of Three.
You agree not to, and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, copy, modify, adapt or otherwise commercially exploit the App or any of the content available on it, or make the App (or any content) available to any third party.
Three makes no promise as to availability of the App or the link to access it. Three reserves the right to modify, suspend or discontinue, temporarily or permanently, the App, the link to access it, or any service to which it connects, with or without notice and without liability to you.
Your use of this App and its functionality is at your sole risk. Three provides this App on an “AS IS”, “AS AVAILABLE” basis without warranty, representation or guarantee as to fitness for a particular purpose or uninterrupted, secure or error free service, performance accuracy or reliability or non-infringement. Your access to the App (or the link to access it ) may be blocked, suspended or interrupted at any time for any length of time, for a variety of reasons, including without limitation mechanical failure, technical failure, software error and system updates. We reserve the right to suspend, terminate or permanently block your access to the App in our sole discretion, without notice.
Nothing in this Agreement limits or excludes Three’s liability for death or personal injury resulting from its negligence or fraud, fraudulent misstatement or fraudulent misrepresentation or any other liability which cannot be lawfully limited or excluded under applicable law.
Subject to the foregoing, neither Three nor its licensors or suppliers are liable to you for any (i) distress or damage resulting from failures in the software or mobile (or otherwise) operating systems of the user or for other reasons that may result in problems accessing the App; (ii) damage resulting from the misuse by the user of the App or in breach of this Agreement; (iii) damage resulting from external events or (iv) any indirect, punitive, incidental, special or consequential damages arising out of or in connection with the use by you of the App. Notwithstanding the foregoing, in no event will the total cumulative liability of Three for damages (other than for death or personal injury caused by negligence) under this Agreement exceed £100.
Term and Termination
This Agreement shall become effective once you have granted permission for access to your device camera and shall remain in effect until terminated by you (by deleting the App) or by Three. Your agreement to the provisions under “Intellectual Property” and “Restrictions” shall survive termination or expiry of this Agreement.
Three may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Three, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the App and all copies thereof from your device(s).
Upon termination of this Agreement, you shall cease immediately all use of the App and delete all copies of the App from your device(s).
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
This Agreement is subject to English law and the courts of England and Wales shall have exclusive jurisdiction.
If you have any questions about this Agreement, please contact us by writing to: Hutchison 3G UK Ltd, PO Box 333, Glasgow, G2 9AG or by calling: 0333 338 1001.