TERMS AND CONDITIONS OF USE OF OUR WEBSITE
Hello and welcome to our terms and conditions page. It’s important that you read and understand what we’ve written as it sets out what you can expect from us when you use this Site and vice versa.
By entering Our Site you are accepting these terms and conditions.
We do change these terms and conditions from time to time and so you must always visit this page to see what changes we’ve made each time you visit us – we’ll assume that you have.
These terms and conditions are meant to form the basis of the relationship between us and both you and we agree to be bound by what they say.
The following words have the following meanings:
|We, Us, Our||Huboo Technologies Limited, Company Reg. No. 09727464, a company registered in England and Wales whose registered office is at 3 Princes Street, Bath BA1 1HL..|
|You, Your||a client of huboo|
|Account||means the account you create with us if you register as a user with the Site.|
|Service||means the Subscription service we offer through the Site.|
|Hub||means the specific location that we offer you for the receipt of deliveries|
|Fee||means the fee charged by huboo for the use of the Hub.|
|Prohibited Products||See the schedule at the end of these terms and conditions.|
3. SUBSCRIBING AND USING THE HUB
3.1 To make use of one of our Hubs you must supply us with the following information:
3.1.1 your full name;
3.1.2 your email address.
3.2 You warrant that:
3.2.1 the information that you supply to us is accurate, complete and true and you agree that we are not responsible for any losses you sustain as a result of any errors in that information
3.2.2 if the information you have given us changes at any time whilst the Subscription is current you will advise of the change.
3.3 If we reject your request to use a Hub then we will notify you by email and refund the Fee to you within 14 days of the date you paid us the Fee.
3.4 You accept and agree that there may be times when the Hub is not available or reliable – such as with snow, floods and illness. In those times, we will do our best to make sure that we communicate the status.
4. YOUR PROMISES TO US
You agree that:
4.1 You have the right to make this Agreement with us and that you are over the age of 18 years.
4.2 You will have only one Account with us.
4.3 You won’t use robots, spiders, scrapers or similar things on the Site.
4.4 You won’t try to get around any things we put on the Site to stop or limit access to parts of it.
4.5 You won’t do anything that might cause our systems to crash.
4.6 You won’t steal the Site or any part of it for use in any other site or application.
4.7 You won’t try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any programs we use in connection with this Site or the services it offers.
4.8 You won’t copy, imitate or use the trademarks and/or designs and/or layout or anything else which would usually amount to intellectual property and which we own.
5. YOUR RESPONSIBILITIES
5.1 You will:
5.1.1 use the Hub only on the times and dates we specify on the Site;
5.1.2 use the Hub for the person/entity which you have registered with us. If you use a different name all deliveries to the Hub in that name will be refused;
5.1.3 not sublet your use of the Hub or assign or transfer your rights to use it;
5.1.4 not contact or attempt to contact the hub directly until you receive the Confirmation;
5.1.5 ensure that all deliveries comply with the weights and dimensions published from time to time on the Site; and
5.1.6 make proper arrangements for your own health and safety when collecting or making any delivery.
5.2 You warrant that:
5.2.1 you have full power and authority to use huboo;
5.3.2 you will not arrange for deliveries to or from the Hub to be made which contain any Prohibited Products.
5.3.3 obtain and maintain, at your own expense, Public Third Party Liability insurance coverage, of at least £1million per occurrence, which must include products liability coverage with vendor’s endorsement in favour of “Huboo Technologies Ltd. and it affiliates and their respective officers, directors, employees and agents.” This coverage must be maintained for 12 months after the expiration of this Agreement. ”
6. OUR RESPONSIBILITIES
You agree that:
6.1 we are your agent
6.2 we have no responsibility to provide a service and that we have no control over the availability of any services we offer;
6.3 we can offer no guarantee or warranty that the Hub is of satisfactory quality, is secure or is suitable for use.
6.4 to apply best efforts to maintaining the service described here
7. COMPLAINTS AND DISPUTES
You agree that if you have any dispute concerning the Hub you will notify us immediately the issue becomes apparent
8. TERMINATION, SUSPENSION, CANCELLATION, CHANGE
8.1 We may at our discretion terminate any Subscription at any time if:
8.1.1 the Fee or any part of the Fee is outstanding for 7 or more days;
8.1.2 you are in breach of any term of this Agreement;
8.1.3 we suspect that you are about to commit a breach of this Agreement; or
8.1.4 you become or we suspect that you are about to become insolvent.
8.2You are buying Services from us as a consumer and the following provisions apply:
8.2.1 you agree that, for the purposes of the agreement between us and for the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 we may confirm the terms of this Agreement and the goods and services it is providing to you by email;
8.2.2 if you change your mind then you must tell us within 14 days of our confirming. You must contact us beforehand and cancel this contract using our Cancellation Form .
8.3 Either you or huboo may, without reason, at any time, give notice terminating your use of the hub giving 28 days’ notice in writing to the other.
8.4 We may at any time, without reason, give notice terminating the use of the hub on giving 28 days’ notice in writing to you.
8.5 Within 14 days of the termination of the account you will arrange to collect all and any items then with the Hub. If you fail to do so, you accept that the responsibility of huboo to keep those items ceases at the expiry of that period and that the huboo may sell, destroy, retain for its own use or otherwise dispose of such items in whatever way it chooses without having to account to you for any proceeds of sale or otherwise.
8.6 In the case that there are outstanding fees owed to huboo we will sell your goods and first use the proceeds of sale to discharge any outstanding Fees and other charges due to us or costs incurred in connection with such sale. If the proceeds of sale are insufficient to discharge your outstanding liability to us then you will remain liable for the balance and we may take any action we consider necessary to recover the outstanding amounts. The customer shall be entitled to claim the balance (if any) remaining thereafter.
9.1 You will not whilst these terms and conditions remain valid and after their termination or expiry, employ or contract the services of any person who is or was employed or otherwise engaged by us at any time in relation to the account.
9.2 You will not whilst these terms and conditions remain valid and after their termination or expiry, solicit or entice away from us any Owner, customer or client where any such solicitation or enticement would cause damage to our business.
10. You acknowledge and agree that:
10.1 the Site and Service are provided “as is” and “as available” without warranty of any kind, either express or implied as to their suitability for your purpose;
10.2 we make no warranty that the Site or Service will meet your requirements or be available on an uninterrupted, secure or error-free basis;
10.3 we make no warranty regarding the quality of the Service or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Site or Service;
10.4 without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement.
10.5 no advice or information, whether oral or written, obtained from us or through the Site or Services will create any warranty not expressly made herein;
10.6 you are solely responsible for all of your communications and interactions with other users of the Site or Service and with other persons with whom you communicate or interact as a result of your use of the Site or Service
10.7 we may update and renew your listings including but not limited to inventory quantities and shipment methods.
11.1 You will indemnify us and our affiliates and their respective officers, directors, managers, employees and agents from and against any and all claims, costs, damages, obligations, losses, liabilities and expenses (including but not limited to any reasonable fees arising from any claims or legal proceedings brought or threatened against us by any person) arising from:
11.1.1 your actions or omissions in relation to the Hub;
11.1.2 your breach of any of these terms and conditions
11.2 This Clause will survive the termination of these terms and conditions.
Notwithstanding anything to the contrary in these terms and conditions, we will not, except in respect of death or personal injury caused by our negligence, be liable to you by reason of any representation or implied warranty, condition or other term or any duty at common law, or under any express term, for any indirect or consequential loss or damage (whether for loss of profit or otherwise and whether occasioned by our negligence or that of our employees or agents or otherwise) arising out of or in connection with any act or omission by us.
13. INTELLECTUAL PROPERTY
13.1 Either we or our business partners or affiliates own all of the information and intellectual property on the Site.
13.2 You don’t have the right to copy or use any of that information or intellectual property other than to use the Site, unless we give that right to you.
14.1 If you want to benefit from the Site you must create an Account which will contain certain personal details. When you create an Account you promise that:
14.1.1 All information you submit is accurate and truthful.
14.1.2 You will keep this information accurate and up-to-date.
14.1.3 You will not share your Account with anyone else.
14.1.4 You will keep your Account details confidential.
14.1.5 You will not give your username or password to anyone else.
14.1.6 You must log off when you exit the Account – if you leave it open then other people may be able to use it.
14.2 We have the right to cancel your Account at any time if we think that you have broken any of these terms and conditions or your Account hasn’t been used for a long time.
15. FORUMS, REVIEWS, MESSAGES
When using any forums, review or communication facilities we may put up on the Site you agree to abide by the following rules:
15.1 You must not use obscene or vulgar language.
15.2 Nothing you submit can be unlawful or otherwise objectionable and you must not use the Site to publish material which may be abusive, threatening, harassing, defamatory, racist, ageist or sexist.
15.3 Nothing you submit may be designed to promote violence.
15.4 All your posts must be in English.
15.5 You must not post links to other sites which may break these rules.
15.6 You can’t use any forum to advertise.
15.7 You must not impersonate anyone else.
15.8 You may not post or communicate anything which contains any viruses, Trojans, crawlers or anything else which might damage, interrogate or otherwise access our software, hardware or communications networks.
15.9 We have the absolute right to moderate all posts on the Site and to remove any post which we do not want.
15.10 When you submit a post you are warranting that you are the author of that post and that you own or have the right to use all the intellectual property rights associated with it and you agree that we may use your post for any reason, in whole or in part and in any manner we choose without paying you, telling you or acknowledging you as the owner.
15.11 When viewing posts you accept that we are not the author and that any views expressed do not necessarily represent our views.
15.12 If you see a post which you find objectionable tell us as soon as you can and we will consider whether or not it should be removed.
16. PRIVACY & COOKIES
17.1 We can’t promise that the Site will meet your needs; that it will work properly; that it will be fit for a particular purpose or that it will not infringe the rights of others.
17.2 We can’t promise that it will work with all systems; that it will be secure and that all information provided will be accurate.
17.3 We don’t give advice on this Site and you must not rely on what we say when you make any decisions.
17.4 We take all reasonable effort to test material before placing it on the Site. In the very unlikely event of any loss, disruption or damage to your data or computer system which may occur whilst using material derived from the Site, we cannot be held responsible for any loss.
17.5 If you link to any other site using the Site then you understand that separate conditions will apply to those sites and that we have no control over those conditions – so you agree that you will read and understand them before using those sites.
18. AVAILABILITY OF THE SITE
18.1 We do not guarantee that the Site or any services that it offers will be available all the time and if it is not available for any reason you can’t hold us responsible for anything you lose as a result.
18.2 We have the right to change the Site and the services it offers, suspend it or stop it at any time.
19. LINKS TO OTHER WEBSITES
19.1 We don’t control any of the websites we link to and so we can’t be responsible for the content of such websites and we disclaim liability for any losses which come out of you using them.
19.2 Just because we link to a site does not mean that we endorse or recommend that site.
19.3 We can never guarantee that a link will work.
19.4 If you find any link we offer to be offensive, please let us know and we will consider removing it.
20. MODIFICATIONS TO THESE TERMS AND CONDITIONS & THE SITE
20.1 We’ve already said this but we need to make it clear that these terms and conditions will change from time to time and we don’t have the resources to let all our visitors know about the changes. As a result you MUST come back to this page to make sure that we haven’t changed these terms and conditions. Whenever you access the Site, you are confirming to us that you are aware of any changes.
20.2 We also have the right to change the Site as and when we want to but these terms and conditions will still apply to any changes we make.
21. GENERAL STUFF
21.1 Operative Law – this Agreement is made under the laws of England and Wales and that is the only jurisdiction which can govern it.
21.2 Partnership/Joint Ventures – we and you agree that this Agreement does not form the basis of any partnership or co-venture.
21.3 Effect of these Terms and Conditions – these terms and conditions supersede any previous terms and conditions between us in relation to the matters dealt with in them and represent the entire understanding between us.
21.4 Time of the Essence – time will not be of the essence in any part of the agreement between us.
21.5 Warranties – all parties acknowledge and agree that they have not entered into this Agreement in reliance on anything said or promised by the other which is not in these terms and conditions.
21.6 Unenforceability – if a Court or other body says that any part of these terms and conditions is unenforceable, the rest of them will stand.
21.7 Notices – if either you or we need to give formal notice to the other it must be done by email to address each of us gives to the other from time to time.
21.8 Entire Agreement – these terms and conditions contain the entire understanding between us.
Animals and wildlife products
Counterfeit currency and stamps
Drugs and drug paraphernalia
Firearms, ammunition, replicas and militaria
Government identification, licences and uniforms
Government, transit and postal-related items
Human parts and remains
Items encouraging illegal activity
Items encouraging infringement or enabling duplication of copy protected material
Replica, counterfeit and unauthorised copies
Stocks, bonds, securities and related certificates
Weapons and knives