PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE
The Terms set out the terms on which you may use our website http://www.hugofox.com (the "Site"), whether as a guest or registered user. 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.
1.1 The services we provide enable businesses, community organisations and individuals registered with the Site ("Members") to (i) purchase hosting services for a website, (ii) post an advertisement (e.g. for goods, services, opportunities and events), and/or (iii) post a listing for the buying and selling of goods, services and property. Any such website, advertisement or listing will be referred to as " Published Content".
1.2 We may in our absolute discretion accept or refuse any registration application from a potential Member. We have the right to: (a) reject or refuse to post any material provided by a Member; (b) remove any material from the Site, which goes against any of these Terms; or (c) restrict, suspend or stop a Member or user from accessing all or any part of the Site, at any time, where we determine there has been a breach of these Terms.
1.3 Users of the Site can search for and review Published Content and may at their own risk establish contact with a Member. The Site provides a platform for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a transaction is solely between the buyer and seller. HugoFox does not assume any responsibility arising out of or in connection with such contract nor are we the seller's or buyer's agent. The seller is responsible for the sale of its products and services and for dealing with any buyer claims or any other issues arising out of or in connection with its contract with the buyer. All transactions conducted between a Member and third party in connection with the Site are done entirely at the parties' own risk. We are not responsible for, and are not under any duty or obligation to assist with, any disputes that may arise between a Member and a third party.
1.4 When you any buy products and/or services from a Member, you should carefully read such Member's terms and conditions (if any) before placing an order. All users are advised to check the details of the Member and its Published Content carefully before entering into any agreements of any kind.
2.1 If you wish to submit Published Content to the Site, you may be required to pay either a subscription fee or a fixed fee ("Fee") depending on the nature of your Published Content. The Fees are explained in detail on the Site. Our Fees may change at any time, but changes will not affect Published Content that has already been submitted or posted to the Site.
2.2 All Fees are due at the time you submit your Published Content using the methods of payment available during the submission process.
2.3 If you are a commercial entity, then all Fees paid by you are non-refundable.
2.4 If you are an individual acting as a consumer, you have the right to cancel your order within 14 days from completion of your purchase by: (i) informing us at team@HugoFox.com; (ii) completing the cancellation form below and returning it to us; or (iii) making any other clear statement to us.
2.5 Any refunds will be made to the account or debit or credit card from which the Fees are taken; in any event you will not incur any fees as a result of the reimbursement.
2.6 We may delete or cancel your order and/or limit your ability to use the Site immediately at our reasonable discretion if we determine you have breached these Terms, including if we do not receive a payment when due from you.
2.7 Model cancellation form:
To HugoFox, Evingar Road, Whitchurch, Hants RG28 7EU
I hereby give notice that I withdraw from my contract for the following: [INSERT ORDER DETAILS]
Ordered on [INSERT DATE] / received on [INSERT DATE]
Name of consumer
Address of consumer
3.1 Due to the nature of the internet, we cannot guarantee that your access to the Site will be uninterrupted nor that transmissions will be error-free. 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 make a reasonable attempt to limit the frequency and duration of any such suspension or restriction.
3.2 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.
3.3 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.
4.1 Members own all intellectual property rights in their respective Published Content, which is subject to that Member's terms and conditions (if any). Members are advised to make their terms and conditions clearly visible on any Published Content that they post on the Site.
4.2 We are the owner or the licensee of all intellectual property rights in the Site, which are protected by copyright laws and treaties around the world. All such rights are reserved.
4.3 All product names mentioned on the Site are the trademarks 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.
4.5 Our status (and that of any identified contributors) as the authors of materials on the Site must always be acknowledged.
5.1 Published Content and any other information, commentary or materials published by a Member 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.
5.2 The Site and all Published 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, to the maximum extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on such content (or parts thereof) by any user of the Site, or by anyone who may be informed or supplied with the same.
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.
7.1 The Site and its contents, including Published Content, may not be moderated. We are under no obligation to you or any other person to oversee, monitor or moderate the Site or any Published Content and shall not be responsible as author, editor or publisher (whether directly or indirectly) for any Published Content or any other content posted to the Site by you, a Member or any other person. We reserve the right to remove, or to disable access to, any Published Content which we deem to be in breach of these Terms.
7.2 All Published Content posted to the Site or communicated to another user of the Site by you or on your behalf must not: be unlawful, illegal or otherwise non-compliant with any applicable codes of practice; be 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; advocate, promote, incite any third party to commit or assist any unlawful or criminal act; or advertise, make available or relate to any unlawful goods (including, without limitation, any counterfeit goods) or services.
7.3 Published Content must not constitute or contain a financial promotion requiring approval under any applicable UK or foreign legislation.
7.4 Published Content will be considered non-confidential and non-proprietary. By providing Published Content to the Site, you will ensure that you have the right to use and disclose all intellectual property rights subsisting in your Published Content and you hereby grant (and you will ensure 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 Published Content to third parties for the purpose of operating the Site. We also have the right to disclose your identity to any third party who is claiming that your Published Content constitutes a violation of their rights including, but not limited to, intellectual property rights, or of their right to privacy.
8.1 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 nor 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.
8.2 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.
9.1 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.
9.2 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.
10.1 To the extent permitted by law:
10.1.1 all conditions, warranties and other terms which might otherwise be implied by law are hereby excluded;
10.1.2 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, 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 Published Content or materials posted on it; and
10.1.3 our total liability, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise, shall be limited to 100% of the total of all monies paid by you to us for services provided via the Site.
10.2 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.
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 third party claim arising out of or in connection with the submission of your Published Content or your use of the Site.
12.1 These Terms and any dispute or claim (including non-contractual disputes or claims) 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. Where you are a consumer, these Terms and your use of the Site shall be subject to the non-exclusive jurisdiction of the English courts.
12.2 If you wish to complain about Published Content that appears on the Site, please write to the relevant publisher of that Published Content or send an e-mail to team@HugoFox.com.
12.3 We may revise these Terms at any time. 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: 14 July 2015