Terms and Conditions
TABLE OF CONTENTS
1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PROHIBITED ACTIVITIES
6. USER-GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. GUIDELINES FOR REVIEWS
9. SOCIAL MEDIA
10. SUBMISSIONS
11. THIRD-PARTY WEBSITE AND CONTENT
12. SITE MANAGEMENT
13. PRIVACY POLICY
14. COPYRIGHT INFRINGEMENTS
15. TERM AND TERMINATION
16. MODIFICATIONS AND INTERRUPTIONS
17. GOVERNING LAW
18. DISPUTE RESOLUTION
19. CORRECTIONS
20. DISCLAIMER
21. LIMITATIONS OF LIABILITY
22. INDEMNIFICATION
23. USER DATA
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
25. MISCELLANEOUS
26. CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and HiSky LTD ("Company," “we," “us," or “our”), concerning your access to and use of the https://hi-sky.co.uk website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to it (collectively, the “Site”). We are registered in the United Kingdom and have our office at 44 Antlers Hill, London E4 7RM. Our VAT number is 424388487. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are explicitly incorporated here by reference. We're right to change or modify these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and accepted the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Suppose you are eligible to use the Site. In that case, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity, and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorised purpose; and (7) your use of the Site will not violate any applicable law or regulation.
Suppose you provide any information that is untrue, inaccurate, not current, or incomplete; in that case, we have the right to suspend or terminate your account and refuse any existing or future use of the Site (or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all your account and password use. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those specifically endorsed or approved by us.
As a user of the Site, you agree not to
⚫ Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our permission.
⚫ Trick, defraud, or mislead other users and us, especially in any attempt to learn sensitive account information such as user passwords.
⚫ Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce
Limitations on the use of the Site and the Content contained therein.
Disparage, harm, or otherwise harm, in our opinion, us and the Site
Use any information from the Site to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any applicable laws or regulations •Engage in unauthorised framing of or linking to the Site
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the
Site or modifies impairs, disrupts, alters, or interferes with the Site's use, features, functions, operation, or maintenance. Engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, transparent graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pems"). Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
⚫Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any part of the Site.
⚫Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML JavaScript or other code.
•Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any software comprising or taking up a part of the Site. Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper or offline reader that accesses the Site, or using or launching any unauthorised script or other software. Use a buying agent or purchasing agent to make purchases on the Site
• Make any unauthorised use of the Site, including collecting usernames and email addresses of users by electronic or other means to send unsolicited emails or create accounts by automated means or under false pretences. Use the Site as part of any effort to compete with us or use the Site and the Content for any revenue-generating endeavour or commercial enterprise. Use the Site for advertising or offering goods and services.
• Sell or otherwise transfer your profile
6. USER-GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality. It may allow you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us on the Site, including but not limited to text, writings, video, audio, photographs, and graphics: comments, suggestions, personal information, or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary: When you create or make available any Contributions, you thereby represent and warrant that.
⚫ The creation, distribution, transmission, public display, or performance and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. You are the creator and owner of or have the necessary licenses, rights, consents, proteases and permissions to use and to authorise us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use You have the written consent, release, and/or permission of every identifiable person in your Contributions to use the name or likeness of every such identifiable person to enable inclusion and use of your Contributions us any manner contemplated by the Site and these Terms of Use Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, defamatory, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Your Contribution is not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people. Your Contributions do not violate any applicable law, regulation, or rule. Your Contributions do not violate any third party's privacy or publicity rights.
• Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors. • Your Contributions do not include any offensive comments connected to race. National origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate or link to material that infringes any provision of these Terms of Use or any applicable law or regulation. Any use of the Site in violation of the previous violates these Terms of Use and may result in termination or suspension of your rights to use the Site.
7. CONTRIBUTION LICENSE
You automatically grant by posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts. You represent and warrant that you have the right to grant us unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, and fully paid. Worldwide suitable, and license to host, use, copy, reproduce, disclose, sell, resell, publish broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sub-licenses of the preceding. The use and distribution may occur in any media format and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, and franchise name, as applicable, and any of The trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We don't want to assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion. (1) to edit, redact, or otherwise change any Contributions, (2) to re-categorize any Contributions to place them in the more appropriate location on the Site, and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. GUIDELINES FOR REVIEWS
We may be able to provide you with areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed: (2) your reviews should not contain offensive profanity or abusive, racist, offensive, or hate language (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews, (6) you should not make any conclusions as to the legality of conduct. (7) you may not post false or misleading statements, and (8) you may not organise a campaign encouraging others to post positive or negative reviews.
We may accept, reject or remove reviews at our sole discretion. We have absolutely no obligation to screen or delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or claims, liabilities or losses resulting from any review. By posting a review, you now grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, and display, perform and/or distribute all content relating to reviews.
9. SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either (1) providing your Third-Party Account login information through the Site, or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third Party Account. By granting us access to any Third Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third Party Account (the "Social Network Content") so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You can disable the connection between your account on the Site and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely to identify and inform you of these contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or your account settings (if applicable). We will attempt to delete any information stored on our server obtained through such Third-Party Account, except the username and profile picture associated with your account.
10. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site (Submissions") you provide are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. As a result, you waive all moral rights to any such Submissions, and you now warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
11. THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (Third-Party Content"), Such Third-Party Websites. Third-party Content is not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk, and you should be aware that these Terms of Use no longer govern. Any purchases you make through Third-Party Websites will be through other websites and from other companies. We take no responsibility for such assets exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or damage caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
12. SITE MANAGEMENT
We reserve the right, but not the obligation, to (1) monitor the Site for violations of these Terms of Use, (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
13. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy https://hi- sky.co.uk/privacy-policy. Using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised that the Site is hosted in the United Kingdom. Suppose you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable law in the United Kingdom through your continued use of the Site. In that case, you are transferring your data to the United Kingdom. You agree to have your data transferred to and processed in the United Kingdom.
14. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (o "Notification). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please keep in mind that under applicable law, you may be liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
15. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION
Suppose we terminate or suspend your account for any reason. In that case, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party in addition to terminating or unending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the Site’s contents at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site: We also reserve the right to modify or discontinue all or part of the Site without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee that the Site will be constantly available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors; we serve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site: Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection in addition to that.
17. GOVERNING LAW
These conditions are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded; if your habitual residence is in the EU and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence HiSky LTD and yourself both to agree to submit to the non-exclusive jurisdiction of the courts of London Local Authorities which means that you may make a claim to defend your consumer protection rights in regards to these Terms of Use in the United Kingdom, or in the EU country in which you reside.
18. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use (each "Dispute and collectively, the "Disputes") brought by either you or us (individually, "Party" and collectively, the "Parties"), the Parties agree first to attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least forty five (45) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen by the Arbitration and Internal Rules of the European Court of Arbitration, being part of the European Centre of Arbitration, having its neat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be London, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding: [b] there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilise class action procedures, and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration (a) any Disputes seeking to enforce or protect or concerning the validity of any of the intellectual property rights of a Party, (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision Sound to be unlawful or unenforceable, and a court of competent jurisdiction shall decide such Dispute within The courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court,
19. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time without prior notice.
20. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW; WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE WE DO NOT WARRANT ENDORSE GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY BY YOU TO US CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS
22. INDEMNIFICATION
You agree to defend, indemnity, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable atomise' fees and expenses, made by any third party due to or arising out of (1) your Contribution (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representation and warmer set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnity us, and you agree to cooperate, at your expense, with our defence of such claims We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
23. USER DATA
We will maintain specific data you transmit to the Site to manage the Site’s performance and data relating to your use of the Site. Although we perform regular data backups, you are solely responsible for all claims you transmit or link to any activity you have undertaken using the Site. You agree that we shall have no liability for any loss or corruption of any such data. At this moment, you waive any right of action against us arising from any such loss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic
Communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site satisfy any legal requirement that such communication is in writing. YOU, at this moment, AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE You at this moment waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic means
25. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on or concerning the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use work to the fullest extent permissible by law: We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. Suppose any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable. In that case, that provision or portion of the condition is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. No joint venture, ventures, employment or agency relationship was created between you and us due to these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by having crafted them. You, at this moment, waive any defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
26. CONTACT US
To resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please get in touch with us at
Hisky LTD
Unit 3F, Manor Way Business Park, Manor Way Swanscombe,
Kent
DA10 0LL
United Kingdom
Phone: 07714991494
sales@hi-sky.co.uk