Terms of Use

These Terms of Use ("Terms"), together with any documents they refer to, set out the terms of use on which you may use our website http://www.hugofox.com (the "Site"), whether as a guest or registered user.

Please read these Terms carefully before using the Site. By using the Site, you indicate that you accept these Terms and that you agree to be bound by and comply fully with them.

If you do not agree to these Terms, please refrain from using the Site.

Information about us

The Site is operated by HugoFox Limited ("we", "us"). We are registered in England and Wales under company number 03851491 and have our registered office at Evingar Road, Whitchurch, Hants RG28 7EU.

Our services

The services we provide on the Site enable advertisers to submit advertisements for items, property for sale, services available or other opportunities and enable users to search for and review such advertisements and establish contact with the relevant advertisers. All advertisements on the Site are created and submitted by advertisers using the Site and we are not responsible in any way for the content of these advertisements, the opportunities, items of property or services which are advertised or any transactions which are concluded via the Site.

You are entirely responsible for any advertisements which you submit to the Site. All transactions you conduct through the Site (for example, property bought and sold, Item advertisements posted and responded to) are done so entirely at your own risk. We are not responsible for, and are not under any duty or obligation to assist with, any disputes that may arise between you and any advertisers or people responding to your adverts.

All users are advised to check the details of advertisements carefully before entering into any agreements of any kind. If in doubt, please seek legal advice.

Service Fees and Refund Policy

If you wish to submit an advertisement to the Site you will be required to pay a service fee, which shall be the service fee displayed during the submission process except in cases of obvious error. All service fees are non-refundable and are due at the time of submission using the methods of payment available during the submission process. Our service fees are liable to change at any time, but changes will not affect advertisements already submitted.

If for any reason we do not receive the service fees that are due from you, we may limit your ability to use the services without limitation to any other rights or remedies that may be available to us.

If you experience a technical problem with your advertisement or its display following submission, please contact us at team@HugoFox.com.

Accessing the Site

Due to the nature of the internet, we cannot guarantee that your access to the Site will be uninterrupted or that transmissions will be error-free. Also, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

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 strictly confidential, and you must not disclose it to any third party. You must also take reasonable steps to prevent such information becoming known to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms, and that they comply with them.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in the Site, and in the materials published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

All product names mentioned on the Site are the trade marks of their respective owners. Some materials may contain other proprietary notices and copyright information relating to those materials or particular organisation. You agree that, except as expressly provided, we have not conferred by implication or otherwise any licence or right under any patent, trade mark or copyright owned by us or any third party.

You may not, and may not authorise any person to, copy, download, extract or otherwise obtain (including, without limitation, by means of an automated process, script, robot or system) any content published on the Site (including, without limitation, any published advertisements) and use the same, including any parts thereof, for commercial purposes.

You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organisation to materials posted on the Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of materials on the Site must always be acknowledged.

If you print off, copy or download any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information

The information, commentary, materials and other content published on the Site are neither endorsed nor verified by us in any way and do not amount to advice on which reliance should be placed. No published content, including (without limitation) any published advertisements, shall be construed as being an offer for sale by us and we shall not be considered a sales agent in respect of any goods, services or opportunities advertised through the Site.

All content is made available without any guarantees, conditions or warranties as to its accuracy or to the quality, merchantability or fitness for purpose of any goods, services or opportunities advertised and we disclaim all liability and responsibility arising from any reliance placed on such content (or parts thereof) by any visitor to the Site, or by anyone who may be informed or supplied with the same.

In the event that you purchase or obtain any goods or services from a third party through the Site, your acquisition of such goods or services will be subject to a contract between you and the third party concerned. We expressly disclaim any liability to you in respect of such contracts.

Our Site changes regularly

We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the materials on the Site may be out of date at any given time, and we are under no obligation to update such materials.

You shall keep any advertisements you submit to the Site accurate and up to date. You shall promptly remove any advertisement you have submitted to the Site which is no longer current, correct, applicable or relevant (for example, because the relevant property for sale has been sold or the Item item is no longer available).

Information about you and your visits to the Site

We process information about you in accordance with our Privacy Policy. By using the Site, you consent to such processing and you warrant that all information provided by you is accurate.

Materials uploaded to the Site

No moderation

The Site and its contents are not moderated. We are under no obligation to you or any other person to oversee, monitor or moderate the Site or any services provided on, or in connection with, the Site and shall not be responsible as author, editor or publisher (whether directly or indirectly) for any information, advertisements, notices or other content made available on the Site, including content posted to the Site by you or any other person. We reserve the right to remove, or to disable access to, any content which we deem to be in breach of these Terms.

Content standards

All content posted to the Site or communicated to another user of the Site by you or on your behalf (�Your Content�) must be factually accurate, not misleading, be genuinely held (where opinions are stated), be relevant and comply with the laws of England and any country from which Your Content is posted, sent or received. Any goods, services or opportunities advertised by you through the Site must correspond entirely with their advertised description.

Your Content must not be unlawful, illegal, defamatory, obscene, offensive, misleading or discriminatory; infringe or violate any rights of any third party; breach any legal duty owed to a third party; be likely to harass, upset, embarrass, alarm or annoy any other person; must not advocate, promote, incite any third party to commit or assist any unlawful or criminal act and must not advertise, make available or relate to any unlawful goods (including, without limitation, any counterfeit goods) or services.

Without limitation to the generality of the foregoing, you warrant that in relation to Your Content (as submitted or subsequently amended by you):

  • the reproduction and/or publication of Your Content will not breach any legislation, regulation (governmental or otherwise) or contract or infringe or violate any copyright, trade mark, or other personal or proprietary right of any person or render us liable to any proceedings whatsoever; and

  • Your Content is legal, decent, honest and truthful and complies with the British Code of Advertising Sales Promotion and Direct Marketing and all other relevant codes under the general supervision of the Advertising Standards Authority, OFCOM or any other applicable body.

Your Content must not constitute or contain a financial promotion requiring approval under any applicable UK or foreign legislation.

Intellectual property rights

Your Content will be considered non-confidential and non-proprietary. By providing Your Content to the Site, you warrant that you have the right to use and disclose all intellectual property rights subsisting in Your Content and you hereby grant (and warrant that you have the right to grant) to us a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable licence to use and disclose such intellectual property rights on the Site in any jurisdiction and to freely use, edit, alter, reproduce, create derivative works from, publish, distribute and/or disclose Your Content to third parties for any purpose. We also have the right to disclose your identity to any third party who is claiming that Your Content constitutes a violation of their rights including, but not limited to, intellectual property rights, or of their right to privacy.

You acknowledge that we are not obliged to publish any materials submitted by you.

Viruses, hacking and other offences

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack, whether distributed or otherwise.

We will not be liable for any loss or damage caused by a denial-of-service attack, viruses or other technologically harmful materials that may infect your computer equipment, computer programs, data or other proprietary materials due to your use of the Site or to your downloading of any materials made available on it, or on any website linked to it.

Linking to the Site

You may link to our home page, provided you do so in a way that is fair, lawful and does not damage our reputation or take unfair advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The website from which you are linking must comply in all respects with the content standards set out above.

Save as provided in any legally-binding agreement between us and you relating to linking:

  • you must not establish a link from any website that is not operated by you;

  • the Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page; and

  • we reserve the right to withdraw linking permission without notice.

Links from the Site

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents 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.

Our liability

The content and materials displayed on the Site are provided for informational purposes only and without any guarantees, conditions or warranties as to their accuracy or reliability. The pages contained in the Site may contain technical inaccuracies and typographical errors.

We are neither offering to supply nor guaranteeing any opportunities, goods or services advertised, sold or otherwise made available through the Site and we shall have no liability in respect of the same.

To the extent permitted by law:

  • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are hereby excluded;

  • we shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for loss of profits, income or revenue, loss of business, loss of revenue or anticipated savings, depletion of goodwill or similar losses, loss of contracts, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses, even if foreseeable, 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; and

  • our total liability, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise, shall be limited to 125% of the total of all monies paid by you to us for services provided via the Site.

Nothing in these Terms shall limit or exclude our liability for death or personal injury arising from our negligence, or our liability for our fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

Indemnity

You agree to indemnify and hold us harmless against any loss, damage or expense incurred by us arising out of or in connection with any breach of these Terms by you and/or your use of the Site, including (without limitation) the submission of Your Content.

Jurisdiction and applicable law

These Terms and any dispute or claim arising out of or in connection with these Terms or your use of the Site shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts.

Complaints

If you wish to complain about any materials which appear on the Site, please send an e-mail to team@HugoFox.com upon receipt of which we may review the materials for compliance with these Terms and take such action as we deem necessary and appropriate.

Variations

We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Site.

Last revised on: 9 February 2010