Hudl Device Terms & Conditions
PLEASE READ CAREFULLY BEFORE CONTINUING YOUR DEVICE REGISTRATION
- BY TAPPING ON THE "CONTINUE" BUTTON YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS
- IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS YOU SHOULD DISCONTINUE THE REGISTRATION PROCESS. IN
THIS CASE YOU MAY RETURN THE HUDL AND ALL ACCOMPANYING ACCESSORIES,
DOCUMENTATION AND PACKAGING, TOGETHER WITH PROOF OF PAYMENT WITHIN
FOURTEEN DAYS OF PURCHASE FOR A REFUND. YOUR STATUTORY RIGHTS ARE
- Following registration you may access these terms in the Settings Menu under the “About Tablet” tab or go to www.tesco.com/hudl.
- Your Hudl will require a Wi-Fi connection for
set-up. You will also need a Wi-Fi connection to shop for and
download digital content. Your access to a Wi-Fi network is
subject to the terms and conditions of the Wi-Fi network provider.
- If your Hudl is in an area that does not have
access to a Wi-Fi network some of the services and/or features of this
device may not work properly.
(“Terms”) are a legal agreement between you and Tesco Stores Limited
(“Tesco” “us” “we”).
Licence of software
- In consideration of you agreeing to abide by
these Terms, we grant you a non-transferable, non-exclusive licence to
use all Tesco owned software preinstalled on the Hudl device (the
“Software”). We reserve all other rights. You do not own the
software and may not transfer it.
- These Terms apply to the Software, including
any updates to the Software that we may make available from time to
time, unless such updates come with separate terms, in which case those
terms shall apply. If any open-source software is included in the
Software, the terms of such open-source licence may override some of
- You may:
- use the Software for your personal purposes only; and
- receive and use
any free supplementary software code or update of the Software
incorporating "patches" and corrections of errors as may be provided by
us from time to time.
- Except as expressly set out in this Licence or as permitted by any local law, you undertake:
- 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;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;
- 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;
- 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:
- is used only for the purpose of achieving inter-operability of the Software with another software program; and
- is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- is not used to create any software which is substantially similar to the Software;
- 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;
together the “Licence Restrictions.”
Acceptable use restrictions
- You must:
- not use the Software 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, including viruses, or harmful data, into the Software;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Software;
not transmit any material that is defamatory, offensive or
otherwise objectionable in relation to your use of the Software;
- not use the Software 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 our
systems or attempt to decipher any transmissions to or from the servers
supporting the Hudl device.
Intellectual property rights
- You acknowledge that all intellectual property
rights in the Software anywhere in the world belongs to us, that rights
in the Software are licensed (not sold) to you, and that you have no
title, ownership rights in, or to, the Software other than the right to
use it on your Hudl in accordance with these Terms.
- You acknowledge that you have no right to have
access to the Software in source code form or in unlocked coding or with
- The integrity of this
Software may be protected by technical protection measures (TPM) so that
the intellectual property rights, including copyright, in the Software
are not misappropriated. You must not attempt in any way to remove
or circumvent any such TPM, nor apply or manufacture for sale or hire,
import, distribute, sell or let for hire, offer or expose for sale or
hire, advertise for sale or hire or have in your possession for private
or commercial purposes any means the sole intended purpose of which is
to facilitate the unauthorised removal or circumvention of such TPM.
Warranty and support
- Your Hudl (including the supplied charger and
the micro USB to USB cable) is covered by a warranty for 12 months from
the date of purchase. If a fault develops during this period,
please contact the Hudl helpline; from landlines on 0800 323 40 60, and
from mobile phones you can call the mobile friendly number 0330 123 40
60 (please note, calls to this number will cost you no more than a
national rate call to an 01 or 02 number and will be included as part of
any inclusive minutes or discount package that you are entitled to).
To help us respond as efficiently as possible, please have your
original purchase receipt with you when you call.
- The warranty covers manufacturing defects only.
Tesco’s liability is limited to the cost of repair and/or replacement
of the product under warranty. The warranty does not extend to any
data or content stored on the device. This includes any
information or data that you may have stored on your device personally
at the time it is delivered for repair or replacement (including any
confidential or private information such as photographs and emails).
- In the event that your device has been repaired
or replaced under this warranty, your warranty period will continue for
either 90 days from the replacement or repair of your device or the
remaining duration of the original 12 months whichever is the greater.
- The warranty does not apply:
- if the defect is caused
(howsoever) by misuse, neglect, and tampering or incorrect adjustment or
by your actions (such as dropping the device or exposure to liquids);
- if unauthorized persons carry out any alterations and/or repairs;
- if any ancillary equipment not
furnished or recommended by Tesco causes problems or damage that is
attached to or used in connection with the device; and/or
- if the defect or fault in the Hudl or Software results from you having used them in contravention of these Terms.
- This warranty will also not apply if you breach
any of the Licence Restrictions or the Acceptable Use
Restrictions. In the event that you have breached any of these
Restrictions Tesco also reserves the right to terminate your Licence.
- This warranty is in addition to your legal rights. These include:
- that any products supplied by us will be of satisfactory quality; and
- that we will provide services to a reasonable standard and within a reasonable time.
Nothing in these Terms is intended to
affect these statutory rights. For more information about your statutory
rights contact your local Citizens Advice Bureau or Trading Standards
Limitation of liability
- You acknowledge that the Software has not been
developed to meet your individual requirements, and that it is therefore
your responsibility to ensure that the facilities and functions of the
Software meet your requirements.
- We only supply the Software for domestic and
private use. You agree not to use the Software for any commercial,
business or re-sale purposes, and we have no liability to you for any
loss of profit, loss of business, business interruption, or loss of
- To the extent not prohibited by law, in no
event will Tesco, its subsidiaries, officers, employees or suppliers be
liable for any damages, including but not limited to, any loss, or for
indirect losses which are a side effect of the main loss or damage and
which are not reasonably foreseeable by you and us at the time of
entering into these Terms, for example losses stemming from corruption
of data, or the ability to transmit or receive data, or loss of profits
or loss of opportunity. We expressly disclaim any responsibility
or liability for any interruption or suspension of any content or
service made available through this device.
- We accept liability for death or personal
injury caused by our negligence or that of our employees and
agents. We do not seek to exclude liability for fraudulent
misrepresentation by us or our employees or agents. You also have
certain statutory rights under the law which are guaranteed and nothing
in these Terms is intended to affect these statutory rights.
- By using the Hudl, you consent to us collecting
and using technical information from the device and the Software.
The Hudl will upload updates regarding key device systems on a regular
basis. It is important to note that this information cannot be
used to personally identify you or be used in any manner that could
single out a specific device.
- The information is used solely for the purposes
of monitoring and improving the performance of the Software and systems
of the Hudl device. This will include development of bug fixes
- Via the Hudl you may
access other independent third-party websites and applications
(“Third-party Sites and Apps”). Third-party Sites and Apps (such as
those operated by Google Inc.) are not under our control, and we are not
responsible for and do not endorse their content or their privacy
policies (if any). You will need to make your own independent judgement
regarding your interaction with any Third-party Sites and Apps,
including the purchase and use of any products or services accessible
Events outside our control
- We will not be liable or responsible for any
failure to perform, or delay in performance of, any of our obligations
under these Terms that is caused by an Event Outside Our Control. An
Event Outside Our Control is defined below in condition 2.
- An Event Outside Our Control means any act or
event beyond our reasonable control, including without limitation
failure of public or private telecommunications networks.
- If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
- our obligations under these Terms will be
suspended and the time for performance of our obligations will be
extended for the duration of the Event Outside Our Control; and
- we will use our
reasonable endeavours to find a solution by which our obligations under
these Terms may be performed despite the Event Outside Our Control.
Other important terms
- We may transfer our rights and obligations
under these Terms to another organisation, but this will not affect your
rights or our obligations under these Terms.
- If we fail to insist that you perform any of
your obligations under these Terms, 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 rights against you and will not mean that you do not have to
comply with those obligations. If we do 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.
- Each of the conditions of these Terms 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.
- Please note that these Terms, its subject
matter and its formation, are governed by English law. You and we both
agree that the courts of England and Wales will have non-exclusive
jurisdiction. However, if you are a resident of Northern Ireland
you may also bring proceedings in Northern Ireland and Northern Irish
laws shall apply and if you are resident of Scotland, you may also bring
proceedings in Scotland and Scottish law shall apply.
replace all previous versions and is correct as of September 2013.
We may amend these Terms from time to time in order to reflect changes
to the service or for legal, regulatory or security reasons.
- You will receive
notification of any such change when we make available any update to the
Software. The new terms may be displayed on-screen and you may be
required to read and accept them to continue your use of the updated
Software. You will receive reasonable notice of any changes to
these Terms other than accompanying any update to the Software and in
that case, you may terminate this Terms by giving notice by email if we
tell you we are changing these Terms to your detriment.
If you have any questions about these Terms,
please write to: Tesco Stores Ltd, Legal Department, Delamare Road,
Cheshunt, Herts, EN8 9SL.
Open Source Attribution
Any Open Source Software Licenced used shall be
attributed in the System Preferences/ About Tablet/ Legal Information
section as may be updated from time to time.
In addition the following Open Source Software is used:
- Icepick - https://github.com/frankiesardo/icepick
Copyright 2013 Frankie Sardo, Novoda LTD, used under the Apache (Software) License, version 2.0
- Picasa - https://github.com/square/picasso
Copyright 2013 Square inc, used under the Apache (Software) License, version 2.0
- DragSortListView - https://github.com/bauerca/drag-sort-listview
Copyright 2012 Carl Bauer, used under the Apache (Software) License, version 2.0
- NoTils - https://github.com/novoda/NoTils
Copyright 2013 Novoda LTD, used under the Apache (Software) License, version 2.0