WEBSITE USER TERMS AND CONDITIONS – HABLO
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ANY PERSON OR ENTITY (“User” or “You”) USING OR OTHERWISE ACCESSING THE SITE AT MyHablo.com (“Site”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS WEBSITE USER AGREEMENT (“Agreement“).
Contracting parties. The Site and all content, data and other materials contained on the Site (“Content”) are owned or controlled by Hablo Ltd, a company registered in England with offices at 10 London Mews, Paddington, London W2 1HY, UK. Hablo Ltd is referred to in these terms and conditions as “we“, “us“, “our” or “Hablo”. When you register with (or otherwise access) the Site, you are contracting with Hablo. You must be at least 16 years old to register with the Site (and, if you are under 18, you should obtain the permission of your parent/guardian before you register).
Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site or any Content; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the Site or any Content, or other Users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately via [email protected] and we will close your account as quickly as possible. Please note that you will be responsible to Hablo and to others for all activity that occurs under your registration account.
The Hablo Website. Hablo is an online service which provides communication, facilitation and other functionalities (through a bespoke and in-depth user-journey) intended to develop knowledge, connections and opportunities for and within the travel, accommodation and hospitality industries (“Service”). The Service is available for free to browse and by way of subscription subject to the terms posted on the Site from time to time.
Content. The Content is intended only for the purposes specified or implied therein, and your use of the Site and/or all Content is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Hablo, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilize, or reproduce any part of the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site and the Content (or under UK or local law). The Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.
User Content Licence. When you upload content (“User Content”) to the Site, you hereby grant to Hablo a worldwide, non-exclusive license to display, reproduce or perform (if applicable) and otherwise use that User Content to provide the Service and for reasonable promotional purposes (including without limitation by exhibition on the Site, and/or on other websites and online services). You further agree to waive your moral rights for the purposes of this license. Where necessary, we reserve the right to cut, edit, crop or arrange your material as necessary in our discretion. Unless you have requested otherwise, your real name may be published alongside your User Content. If you do not want to grant these rights, please do not submit material to the Site. You warrant and represent that you have (and will continue to have during your use of the Service) all necessary licences, rights, consents, and permissions which are required to enable Hablo to use your User Content for the purposes of the Site and that you personally created all content (and all materials contained within content) that you upload to the Site, and that you own or control all rights in your content.
Take Downs. We retain the right to remove any User Content of any kind that, in our judgement, does not comply with this Agreement and any other rules of conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. Hablo shall not be responsible for issuing “Take Down Notices” to any third party site (including YouTube and/or Facebook) and Hablo shall have no liability for the posting of any Content to a different platform by a Hablo user. You further acknowledge that Hablo may not have the right to ensure and/or request any takedown of your User Content from third party sites.
Code of Conduct for User Content. You agree to obey all applicable laws in using the Site, and agree that you are responsible for the Content and/or communications you upload to or initiate via the Site. You agree that you are responsible for everything that you post or transmit to the Site and you agree (in relation to the Site):
not to post content or participate in any form of activity which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented, racially-offensive or otherwise includes objectionable material;
not to post content which you do not have the right to use;
not to abuse other Users or anyone else;
not to use the Site to engage in any activities other than as approved by Hablo;
not to publish on the Service your own (non-Hablo) contact details or those of anyone else;
not to register more than one account for yourself or anyone else;
not to post content that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party;
not to post content that contains anything which could be used to determine or alter the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site;
not to post anything that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement or that constitutes or contains any form of advertising or solicitation or that includes links to commercial services or web sites or that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law or that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service;
not to contact anyone who has asked not to be contacted;
not to “stalk” or otherwise harass any other User;
not to collect personal data about other users for commercial or unlawful purposes;
not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, unless expressly permitted by Hablo;
not to post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
not to attempt to gain unauthorized access to Hablo’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or Hablo website; or
not to use any form of automated device or computer program that enables the submission of postings on Hablo without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals, or engage in any other acts which could be considered “gaming the system”.
You acknowledge and accept that when you upload material to Hablo, you may be exposed to comments or critical submissions from other Users that are unfair, inaccurate, offensive, indecent, or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against us with respect to any such comments or submissions.
Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to [email protected]. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
Paid Subscriptions. The HABLO Subscription Fee is payable by credit/debit card or PayPal, or alternatively by Bank Transfer if agreed by both parties in writing in advance of any fees being due. The payment details you provide will be stored securely for the duration of your subscription. All monthly and annual subscriptions will renew automatically (and your payment method will be automatically debited/credited) unless terminated by following the correct procedure as detailed on the Site. Subscription fees are non-refundable unless we are unable to fulfil your subscription (or in other exceptional circumstances in our reasonable discretion).
Termination of this Agreement. We may at any time terminate your access, your subscription or this Agreement generally, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. You may request a withdrawal of any item(s) of your content uploaded to the Site at any time by email to [email protected]. We shall use reasonable endeavours to respond such requests, and or takedown the relevant content, within thirty (30) days. For the avoidance of doubt, we reserve the right to take down any item of content at any time for any reason.
Liability. You agree that the liability of Hablo to you hereunder shall be limited to the amount you have actually paid to us for its products or services hereunder of, if greater, GBP£100. Except as set out herein, we shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Hablo.
Warranties. To the extent permitted under applicable law in your territory, ALL HABLO PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Hablo, makes no warranty that (a) the Service will meet your requirements, (b) the Service will be uninterrupted, timely, secure, or error-free, (c) the results obtained from the use of the Service will be effective, accurate or reliable, or (d) the quality of any materials or services obtained by you from the Site, from us, or from any third parties’ websites to which the Site is linked, will meet your expectations or be free from mistakes, errors or defects. The use of the Service, the uploading of User Content, or the downloading or other acquisition of any materials or content through the Service or through third parties’ or provider’s websites, is done at your own risk and with your agreement that you will be solely responsible for any damage to your computer device or system or loss of data that results from such activities.
Indemnity. You agree to indemnify us for any loss or damage that may be incurred by Hablo, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site or the Content. You further undertake to indemnify us for all loss or damage incurred by Hablo in relation to any third party claim against us for infringement of intellectual property rights arising in relation to your provision of materials to the Site and/or the Content.
Complaints. If you believe that you are the owner of the copyright or other rights in any material appearing on the Site, or if you have any other complaint about the Site or any Content or other posted materials, please contact us via [email protected]. If you would like to notify us of content, which you believe does not comply with this Agreement or otherwise is objectionable, please notify us via [email protected] (making sure to include both the Uniform Resource Locator (“URL”) for the non-complying content and the reasons you believe it does not comply).
Trade Marks. The brands, products and service names used in the Site and the Content (including without limitation, “Hablo”) are trademarks or trade names of Hablo or its trading partners unless otherwise stated.
Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere“) with the Site and/or the Content in any manner. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. We will cooperate with the authorities in prosecuting any User who Interferes with the Site, the Content or otherwise attempts to defraud Hablo or any other parties through your use of the Site, the Content or any services provided hereunder. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Site and/or the Content. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
No Partnership. Your use of the Site and/or the Content creates no partnership, client, fiduciary or other professional relationship.
Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site and/or the Service constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the Site in order to provide a better experience for Users and you hereby acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you.
Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England.
Contacting Us. If you have any questions, please contact us at the following address: Hablo Ltd, a company registered in England with offices at 10 London Mews, Paddington, London W2 1HY, UK, or email us via [email protected].