Legal Information
HIPs Assistant.com ("HIPs Assistant" or
"The HIPs Assistant" - which definition shall also include any person, firm or
organisation providing any service or information to HIPs Assistant). HIPs Assistant
provides its services ("Services" - which definition shall also include this Web
site and all the information and data provided to you via this Web site) to you subject to
the following notices, terms and conditions ("Terms").
BY USING THE SERVICES YOU ARE DEEMED TO HAVE ACCEPTED
ALL OF THE NOTICES, TERMS AND CONDITIONS THAT APPEAR BELOW AND AGREED TO BE BOUND BY THEM.
YOU MAY NOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
Warranties, Liability and Disclaimers
Your use of this Web site is at your own risk. We do not
represent or warrant that the contents of our Web site are accurate, complete, useful,
up-to-date or accessible although we have endeavoured to ensure that the content of the
Web site is correct at time of publication. This Web site is not intended to be for your
specific needs. We do not accept any liability for the contents of the Web site or its
accessibility. You should verify the accuracy of any information before you act upon it.
By showing links to other Web sites we do not give any approval or endorsement and we
accepts no liability for loss arising from your following such links or using any service.
We do not have any liability to you arising out of your use of this Web site.
HIPs Assistant provides the Services to you on an
"as is" basis. HIPs Assistant has made efforts to ensure that the information
contained in the Services is accurate but does not give any warranty, guarantee or other
term or representation of any kind, either express or implied, as to the completeness or
accuracy of any such information or services provided.
All material provided through the Services is for
informational purposes only and must not be interpreted as an endorsement or otherwise of
any specific person, firm, company or other organisation by HIPs Assistant. You are
advised to exercise the standard of care in selecting or contacting any person, firm,
company or other organisation from the Services as would be appropriate in selecting or
contacting any other person, firm, company or other organisation with whom you have not
previously dealt. The Services neither offer nor purport to offer any advice on any
subject, and nothing contained in the Services is intended to be given or taken as advice
on any subject.
The Services shall be provided in such manner at such
times and in such places as HIPs Assistant shall from time to time in its absolute
discretion determine. HIPs Assistant reserves the right to modify, alter the nature of or
discontinue the Services or any part of the Services without notice.
HIPs Assistant shall not be liable for any typographical
or other errors or omissions in the Services.
Except as may be specifically stated herein, to the
fullest extent permitted by applicable law, in no event shall HIPs Assistant, nor any of
its directors, employees or other representatives be liable for any damages, loss or claim
of any kind howsoever arising out of or in connection with the use of the Services
including (without limitation) compensatory, direct or indirect, special, punitive,
consequential or exemplary damages, lost profits, lost sales or business, lost data or
inability to use data, loss of or damage to property and claims of third parties
irrespective of whether HIPs Assistant or any of its directors, employees or other
representatives has been informed of, knew of, or should have known of the likelihood of
such damages. This limitation applies to all causes of action including (without
limitation) breach of contract, breach of warranty, negligence, strict liability,
misrepresentation and other torts, although HIPs Assistant does not seek to limit its
liability for death or personal injury caused by their negligence.
If HIPs Assistants limitation of liability set
out in this agreement shall for any reason whatever be held unenforceable or inapplicable
in whole or in part, or in the event that a judgment is awarded against HIPs Assistant
arising out of your use of the Services (other than in the case of death or personal
injury) you hereby agree that HIPs Assistants entire liability to you or anyone
claiming through you, whether in tort or contract, arising out of any one incident or
series of connected incidents shall in any event not exceed the cost of all services you
have purchased from HIPs Assistant in the 12 months preceding the date of any claim.
Payment and Refunds
You will not be asked to pay for the Service until you
have entered all the required information on the system. By completing a payment on our
Payment Service Provider you acknowledge that the information entered on the system will
be transmitted to third parties for the purposes of preparing the product requested. If
payment for the Service is made by cheque or bank transfer then the application will be
processed only when we have received confirmation of the cleared payment. All orders are
accepted on the basis that the individual who is placing the order is liable for payment.
The decision to issue a refund will be at the sole discretion of HIPs Assistant. All
orders are accepted on the basis that you acknowledge that once your application has been
made, you will not be entitled to a refund. You acknowledge that it is your responsibility
to ensure that the information you have entered is complete and correct at the time of
your application, and you understand and agree that no refund will be due to you if your
application cannot be processed due to incorrect or incomplete information having been
provided at the time of your payment. You further understand that if you request to cancel
your application HIPs Assistant may not be able to refund your fees because your
application is processed by various third parties. HIPs Assistant may at its discretion
try to cancel your application and if cancellation is possible HIPs Assistant may be able
to arrange a partial refund in which case HIPs Assistant is entitled to deduct all costs
charged to HIPs Assistant by third parties plus our own administrative costs incurred
which in any event shall be a minimum of £25.00.
Intellectual Property
The data, information and material contained in the
Services, all Web site design, text and graphics and the selection and arrangement thereof
and all software used to operate the Services and the trademarks, logos and other
intellectual property used in connection with the Services are the property of 1 Minute
HIPs. No licence of any such intellectual property rights is granted to you as a result of
your use of the Services. Other product and company names mentioned in the information
provided in the Services may be the trademarks of their respective owners.
General
This agreement constitutes the entire agreement and
understanding between HIPs Assistant and you. It supersedes any previous agreement or
understanding and may not be varied except in writing between us. All other terms and
conditions, express or implied by statute or otherwise, are excluded to the fullest extent
permitted by law.
Any notice required or permitted to be given by either
party to the other under these Terms shall be in writing addressed to the other party at
its registered office or principal place of business or such other address as may at the
relevant time have been notified pursuant to this provision to the party giving the
notice.
No failure or delay by either party in exercising any of
its rights under this agreement shall be deemed to be a waiver of that right, and no
waiver by either party of any breach of this agreement by the other shall be considered as
a waiver of any subsequent breach of the same or any other provision.
If any provision of this agreement is held by any
competent authority to be invalid or unenforceable in whole or in part, the validity of
the other provisions of this agreement and the remainder of the provision in question
shall not be affected.
Any dispute arising under or in connection with this
agreement or the Services shall be referred to arbitration by a single arbitrator
appointed by agreement or (in default) nominated on the application of either party by the
President for the time being of The British Computer Society in accordance with the rules
of The British Computer Society.
This Agreement shall be governed and construed in all
respects in accordance with English law and the parties irrevocably agree to submit to the
sole and exclusive jurisdiction of the English Courts. The Services are not directed at
people in any other country and should not be relied upon by people of any country other
than the United Kingdom. You are responsible for compliance with the laws of your local
jurisdiction regarding the use of the Services. |