WHY ARE THESE TERMS IMPORTANT?
We may change these Terms and Conditions from time to time, so please review them each time that you visit the Site. You should print a copy of these Conditions or save them to your computer for future reference.
Please note that these Terms do not affect your statutory rights as a Consumer. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
Hill and Friends Limited, a company registered in England and Wales, under company number 9306556, VAT number is 211 8193 33, operate the Site. With its registered office at c/o
Hill & Friends
C/O Construct London
1st Floor, 8-10 Pollen Street
. ("we", "us", "our")
USING THE SITE
Use of our Website includes accessing, browsing, or registering to use our Website. If you do not agree to these Conditions, you must not use our Website.
All rights in the design, intellectual property and information on the Website are owned by us, and are protected as appropriate by copyright, trademarks and other intellectual property rights. All material and content contained on the Website is for your personal, non-commercial use only.
Any commercial use by you of the Site is strictly prohibited. You are permitted to print individual web pages on an occasional basis provided that you do not print the whole or a substantial portion of the Site and that the trademarks and intellectual property notices included on the Site are not removed.
Unless otherwise stated in these Terms and Conditions, you must not (whether directly or indirectly) (i) copy, download, store, make available, distribute, sell or offer to sell all or any part of the content or Site, or (ii) download or otherwise copy any content, files or data from the Site to make or populate a database or publication of any kind whatsoever.
You agree that the information that you provide when you register is true, accurate, current, and complete in all respects.
—be at least 18 years old to register to the Site.
—not register more than one account.
—provide an up-to-date email to which you have regular access as we may need to contact you regarding your submissions.
You must not
—impersonate or try to impersonate another person;
—disclose your password to anyone else;
—allow anyone else to use your account; or
—use anyone else's account.
YOUR ACCOUNT & PASSWORD
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
You are responsible for all submissions made through your account. If you suspect someone else may have access to, or be using, your password or account, you must notify us as soon as possible by emailing email@example.com
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if the user failed to comply with the Guidelines or these Terms and Conditions; and/or any comment submitted by the user account was deemed inappropriate.
We will notify you of any suspension by email at the address you provided during your registration or at the next time you attempt to access your account. The length of suspension or the decision to delete an account will depend on the circumstances.
If your account is suspended or deleted you must not attempt to re-register or submit content through another account without our prior written consent.
YOUR CONTENT – WHAT WE ARE ALLOWED TO DO
We reserve the right to publish, edit or remove all or part of any content you submit including but not limited to any details contained within your profile (e.g. your name, town, country.)
Any material that you upload to the Website or which you send to us via any other medium (including all social media) will be considered non-confidential, non-proprietary and we will have the right to use, copy, distribute and disclose to third parties such material for any purpose. We also have the right to disclose your identity to any third party who claims that such material infringes their intellectual property rights or their right to privacy. To the extent permitted by law, you waive your moral rights (e.g. the right to be identified as author or to object to derogatory treatment) in Your Content.
We will not be responsible or liable to you or any third party for the content or accuracy of any materials posted by you or any other user of the Services and you agree to be responsible to us for and indemnity us and keep us indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim in respect of your use of the Services.
We have the right to:
—remove any material or posting you make on the Website at our sole discretion.
—to use all or part of Your Content in promoting our products and services (e.g. we may use Your Content in our advertising and other publications) on a royalty-free basis.
—Edit Your Content, which may result in a part of it being modified and displayed, including without your name.
YOUR CONTENT – WHAT YOU ARE NOT ALLOWED TO DO
You must not submit any material to the Site that is:
—defamatory, false or misleading;
—insulting, threatening or abusive;
—obscene or of a sexual nature; or
—offensive, racist, sexist, ageist or which otherwise discriminate against persons on the - basis of their marital status, sexual orientation or religious beliefs.
You must not submit any material to the Site that is likely to:
—encourage or teach conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful;
—infringe any third party intellectual property rights;
—advertise any product or services;
—impersonate anyone else or otherwise misrepresents your identity, affiliation or status;
—prejudice any active legal proceedings of which you are aware;
—cause someone alarm, anxiety or distress;
—be technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, corrupted data or other malicious or harmful software, data, components or conduct); or
You may not submit links to any websites.
You must not try to circumvent (i.e. get around) any protections we put in place for the security and operation of the Site.
You must not re-submit content, which you are aware, has been removed.
You will indemnify us and keep us indemnified against all losses, expenses, costs and liabilities which arise as a result of or in connection with your breach of these Terms and Conditions.
TRANSACTIONS CONCLUDED THROUGH THE SITE
Contracts for the supply of goods formed through our site are governed by our terms of payment.
LINKS FROM THE SITE
Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Unless otherwise stated, we are not commercially associated with any third party products, which are referred to, on our Site.
LINKING TO THE SITE
You may email your friend’s links to our Site or specific pages within it.
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
The material displayed on our Site is provided without guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
—all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
—any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use or results of the use of the Site, any websites linked to it and any materials posted on it, including loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, or wasted management or office time whether caused by tort (including negligence) breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Our total liability (if any) for all damages, losses, costs and expenses under whatever causes of action, whether in contract, tort or otherwise will not exceed £5 million.
ACCESSING THE SITE
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
Our Website is made available free of charge and relies in part on software to work. Software has bugs. Whilst we will monitor the Site and try to fix bugs, we cannot guarantee that the Site, or any individual feature of the Site will be error free, available all the time and/or free from viruses.
We provide no warranty, whether expressly or implied, of any kind including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are hereby excluded.
CHANGES TO THE SITE
We reserve the right to change the content of the Site at any time. If the need arises we may suspend access to the Site or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
If you have any concerns about the material that appears on our Site or if you see something which you reasonably believe breaches these Terms and Conditions or our Guidelines, please email us at firstname.lastname@example.org
If any part or provision of these Terms and Conditions is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.
These Terms and Conditions, the Guidelines and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these Terms and Conditions.
We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions, the Guidelines or the documents referred to in them.
Each of us acknowledges and agrees that the only remedy available to it for breach of these Terms and Conditions shall be for breach of contract under these Terms and Conditions. Nothing in these Terms and Conditions, however, operate to limit or exclude any liability for fraud.
JURISDICTION AND APPLICABLE LAW
These Terms and Conditions are governed by English law. The English courts shall have exclusive jurisdiction over any dispute relating to these Terms and Conditions.