WEBSITE - Terms and Conditions

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WEBSITE TERMS OF USE

Version number: 1.0

Effective date: 01/03/2021

1.  Introduction

1.1  This website is owned and operated by Hoppout Ltd. Our company information is at the end of this document. 

1.2  Please read these terms and conditions carefully. They replace any previous versions. Please print or save these terms for future use as we cannot guarantee that they will remain accessible on our website in future. They are available in English only.

1.3  These terms and conditions are a contract between you and us covering use of our website. The use of our app is subject to separate terms and conditions. 

1.4  Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession. (In other words, you are a Consumer if you are a private user of our site but not if you are using our site for say your business or profession.)

2.  Changing these terms and conditions

2.1  We may change these terms and conditions by posting the revised version on our website at any time. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website following the effective date shown. 

3.  Things you can and can’t do on our site

3.1  You agree not to do any of the following in connection with our website:

·  break the law or infringe anyone else’s rights;

·  use the website with a view to competing with us or infringing our rights;

·  disrupt our website, e.g spam, viruses or phishing;

·  interfere with or damage our website or gain unauthorised access to any part of our system, data, passwords or otherwise; 

·  intercept or modify communications;

·  impose an unreasonable load on our website;

·  get around any security or other features including those designed to stop copying of content; or

·  attempt, encourage or assist any of the above.

4.  Content on our site

4.1  We cannot guarantee that any general information or guidance that we may make available on our website is accurate or up to date. You rely on it at your own risk. 

5.  Other peoples’ services / advertising / websites

5.1  We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these.  You use them at your own risk.

6.  Restrictions on our legal responsibility – very important

6.1  Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement. TEL 31/3/21: I EXPLAINED WHY THE REFERENCE. STANDARD DRAFTING.

6.2  If you are a Consumer, we are not responsible for any loss or damage where:

·  there is no breach of a legal duty owed to you by us;

·  such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);

·  (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or

·  such loss or damage relates to a business.

6.3  If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement.

6.4  The following clauses apply only if you are a business:

·  In no event (including our own negligence) will we be liable for any:

a)  economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

b)  loss of goodwill or reputation; 

c)  special, indirect or consequential losses; or

d)  damage to or loss of data

(even if we have been advised of the possibility of such losses).

·  You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of this agreement.

·  To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

7.  Intellectual property rights

7.1  The intellectual property rights in all material used on or in connection with our website are owned by us or our suppliers or partners. For your personal use only, you may view such material on your device.  You must not otherwise use such material including copying, publishing, selling or altering it or taking extracts from it without our specific prior written consent.  

7.2  Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any information on our website without our specific prior written consent.

8.  If our website doesn’t work properly

8.1  We do not guarantee that our website will be uninterrupted or error-free and we are not responsible for any losses arising from such errors or interruptions. We are entitled, without notice and without liability (a) to suspend the website for repair, maintenance, improvement or other technical reason and (b) to make changes to our website.

9.  Things we can’t control

9.1  We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

10.  Your personal information – see our privacy policy

10.1  You agree that we can deal with your personal information in accordance with our Privacy Policy [LINK] which may change from time to time.

11.  English law and courts

11.1  These terms and conditions are covered by English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.

12.  General but important stuff

12.1  Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later.  We may transfer this agreement to someone else but this will not affect your rights or obligations.  A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise.

13.  Complaints

13.1  If you have any complaints, please contact us via the contact details shown below. 

14.  Company information

14.1  Company name: Hoppout Ltd

14.2  Trading name: Hoppout!

14.3  Country of incorporation: England and Wales.

14.4  Registered number: 12924483

14.5  Registered office: 20-22 Wenlock Road, London, N1 7GU, UK

14.6  Contact address: 14 Britten Street, London SW3 3TU, UK

14.7  Contact email address: info@hoppout.com

14.8  Other contact information: See our website / contact page.

14.9  VAT number:  GB 359 6634 52