1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
means any online communications infrastructure that We make available through Our Site either now or in the future. This may include, but is not limited to, contact forms, email, live chat and forums; and
means Hiya Bucks of Eastview Cottage, 45 Holtspur Lane, Wooburn Green, Bucks HP10 0AA
2. Information About Us
2.1 Our Site, Hiya Bucks, is owned and operated by Helen Gerrish, whose main trading address is of Eastview Cottage, 45 Holtspur Lane, Wooburn Green, Bucks HP10 0AA
3. Access to Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Intellectual Property Rights
4.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
4.2 For personal use (including research and private study) only, you may:
4.2.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
4.2.2 Download Our Site (or any part of it) for caching;
4.2.3 Print pages from Our Site;
4.2.4 Download, copy, clip, print, or otherwise save extracts from pages on Our Site; and
4.2.5 Save pages from Our Site for later and/or offline viewing.
4.3 You may not use any Content downloaded, copied, clipped, printed or otherwise saved from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. For further information, please contact Us at [email protected] This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
4.4 You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
4.5 Subject to sub-Clause 4.2 you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless given express written permission to do so by Us. For further information, please contact Us at [email protected]
4.6 If you wish to use any Content from Our Site in any way that is not permitted under these Terms and Conditions, please contact Us at [email protected]
4.7 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
5. Links to Our Site
5.1 You may link to Our Site provided that:
5.1.1 you do so in a fair and legal manner;
5.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
5.1.3 you do not use any logos or trademarks displayed on Our Site without Our express written permission; and
5.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
5.2 You may not link to Our Site from any other site the content of which contains material that:
5.2.1 is sexually explicit;
5.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
5.2.3 promotes violence;
5.2.4 promotes or assists in any form of unlawful activity;
5.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
5.2.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
5.2.7 is calculated or is otherwise likely to deceive another person;
5.2.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
5.2.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
5.2.10 implies any form of affiliation with Us where none exists;
5.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
5.2.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
5.3 The content restrictions in sub-Clause 5.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
6. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
We may feature advertising on Our Site. We are not responsible for the content of any advertising on Our Site. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.
8. Use of Our System
8.1 You may use Our System at any time to contact Us, provided you abide by the following rules. You must not communicate in a way, submit information, or otherwise do anything that:
8.1.1 is sexually explicit;
8.1.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
8.1.3 promotes violence;
8.1.4 promotes or assists in any form of unlawful activity;
8.1.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
8.1.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
8.1.7 is calculated or is otherwise likely to deceive;
8.1.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
8.1.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
8.1.10 implies any form of affiliation with Us where none exists;
8.1.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
8.1.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
8.2 We may monitor any and all communications made using Our System.
8.3 Any information that you send to Us through Our System may be modified by Us and, by sending us such information, you waive your moral right to be identified as the author of that information.
8.4 Any personal information sent to Us, whether through Our System or otherwise, will be collected, used and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 14.
9. Disclaimers and Legal Rights
9.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
9.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
9.3 If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, as a consumer you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
9.4 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
9.5 The opinions, views, and values expressed in Content on Our Site are those of the authors of that Content and do not necessarily represent Our opinions, views, or values.
10. Our Liability
10.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
10.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
10.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
10.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware, however, subject to sub-Clause 9.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
10.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
10.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
11. Viruses, Malware and Security
11.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
11.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
11.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
11.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
11.6 By breaching the provisions of sub-Clauses 11.3 to 11.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
12. Acceptable Usage Policy
12.1 You may only use Our Site in a manner that is lawful. Specifically:
12.1.1 you must ensure that you comply fully with any and all local, national, or international laws and/or regulations;
12.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
12.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
12.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
12.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
12.2.1 suspend, whether temporarily or permanently, your right to access Our Site;
12.2.2 issue you with a written warning;
12.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
12.2.4 take further legal action against you as appropriate;
12.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
12.2.6 any other actions which We deem reasonably appropriate (and lawful).
12.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
13. Privacy and Cookies
Use of Our Site is also governed by Our Cookie and Privacy Policies, available here. These policies are incorporated into these Terms and Conditions by this reference.
14. Data Protection
14.1 All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
14.2 We may use your personal information to:
14.2.1 Reply to any communications you send to Us;
14.2.2 Send you important notices, as detailed in Clause 15;
14.3 We will not pass on your personal information to any third parties without first obtaining your express permission to do so.
15. Communications from Us
15.1 If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
15.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 7 business days for your new preferences to take effect.
15.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at [email protected]
16. Changes to these Terms and Conditions
16.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
16.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
17. Contacting Us
To contact Us, please email Us at [email protected]
18. Payments Terms
18.1 The Terms and Conditions outlined below are intended to avoid misunderstandings, and provide clarification in the unlikely event of a dispute. If you hire US, you confirm that you have read and agree to them. All terms and conditions apply unless otherwise agreed in writing.
We currently accept the following payment methods:
· Direct bank transfer
Account No: 13839842
Sort Code: 20 40 71
· Direct Debt (written request via email) under a monthly payment scheme.
· Telephone payment
18.3 No credit is given unless otherwise agreed in writing.
18.4 Late Payment Terms
18.4.1 We understand and will exercise our statutory rights to interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
18.4.2 The Late Payment of Commercial Debt (Interest) Act (1998) states that for debts of less than £1000, the penalty is £40, rising to £70 for debts up to £9,999.99 and £100 above that.
18.4.3 Interest is payable at 8% over Bank of England base rate. The penalties and interest now apply to all businesses regardless of size.
18.5.1 Once a contract has been entered into and paid there will be no refund available if you cancel before the termination date. We are able to offer a credit note for a further advertisement you take out.
18.5.2 Once an advertising contract is entered into no refund for a change of mind will be offered. We agreed to payment instalments via Direct Debit and if you, the client, cancel without prior warning this will be deemed as a breach of contract.
18.5.3 Advertising contracts are to be paid on time via BACS, direct debit or telephone. All contracts must be paid in full
19. Law and Jurisdiction
19.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
19.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
19.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
19.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of England & Wales