Terms Of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE
These terms of use ("Terms of Use") were most recently updated on May 25th, 2018.
1. TERMS OF WEBSITE USE
1.1. These Terms of Use (together with the documents referred to in them) tell you the terms on which you may make use of the Website, whether as a guest or a registered user. Use of the Website includes accessing or browsing the Website.
1.2. Please read these Terms of Use carefully before you start to use the Website, as these will apply to your use of the Website. We recommend that you print a copy of this document for future reference.
1.3. By using the Website, you confirm that you accept these Terms of Use and that you agree to comply with them.
1.4. If you do not agree to these Terms of Use, you must not use the Website.
2. OTHER APPLICABLE TERMS
2.1. These Terms of Use refer to the following additional terms, which also apply to your use of the Website:
2.2. Our Privacy and Cookie Policy, sets out the terms on which we process any personal data we collect from you or that you provide to us, and the information about the cookies used on the Website. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
2.3. If you purchase goods from the Website, our Terms and Conditions will apply to the sales.
3. INFORMATION ABOUT US
We are The Hatchbag Company Limited, a company registered in England and Wales under company number 09287281 and with our registered office at Unit 1 Turbine Park, Turbine Road, Birkenhead, Merseyside, CH41 9BA, UK ("we", "us" and "our"). We operate the Website. Our VAT number is 213130179.
4. CHANGES TO THESE TERMS
4.1. We may revise these Terms of Use at any time by amending this page.
4.2. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
5. CHANGES TO THE WEBSITE
5.1. We may update the Website from time to time, and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it.
5.2. We do not guarantee that the Website, or any content on it, will be free from errors or omissions.
6. ACCESSING THE WEBSITE
6.1. The Website is made available free of charge.
6.2. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. Subject to paragraph 9.1 below, we will not be liable to you if for any reason the Website is unavailable at any time or for any period.
6.3. You are responsible for making all arrangements necessary for you to have access to the Website.
6.4. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2. All names, logos and related names, design marks and slogan used by us are trade marks or service marks of us or our licensees.
7.3. Unless otherwise stated, the copyright, database rights and any other rights (including, but not limited to, intellectual property rights) in all information, data, text, photographs, images, graphics and materials (together "Materials") on the Website, and the design, layout, "look and feel" and appearance of the Website is owned by us or licensed to us by third parties. You are permitted to use and download Materials or extracts from the Website to a local hard disk and print copies, subject to all of the following:
7.3.1. your use of the Website and any Materials is for your internal, personal, private use only;
7.3.2. except to the extent provided by law, you must not use, copy, reproduce, republish, post, broadcast or transmit any part of the Website or any Materials for any other purpose without our express prior written consent. This includes (but is not limited to) not reproducing or storing any part of the Website or any Materials in any other website or in any public or private electronic retrieval system or service;
7.3.3. you must not modify the paper or digital copies of any materials you have printed off or downloaded from the Website in any way, and you must not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text;
7.3.4. except as we expressly permit, you must not in any way modify any Materials on the Website;
7.3.5. our copyright notice (e.g. © The Hatchbag Company Limited) or, where indicated, the notice of our licensors, must appear in all electronic or hard copies of any Materials or extracts from the Website;
7.3.6. when you lawfully or with our consent copy, reproduce, republish, post, broadcast, transmit, print or quote from any of the Website or any Materials, you must do so fairly and give due accreditation to us, our suppliers and the Website. You shall also do so in accordance with any restrictions which we stipulate on the Website;
7.3.7. if you print off, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made; and
7.3.8. any rights not expressly granted in these Terms of Use or otherwise by us are reserved.
8. NO RELIANCE ON INFORMATION
8.1. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
8.2. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.
9. LIMITATION OF OUR LIABILITY
9.1. Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
9.2. To the extent permitted by law and subject to paragraph 9.1 above, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
9.3. Subject to paragraph 9.1 above, we will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
9.3.1. use of, or inability to use, the Website; or
9.3.2. use of or reliance on any content displayed on the Website.
9.4. If you are a business user, please note that in particular, subject to paragraph 9.1 above, we will not be liable for:
9.4.1. loss of profits, sales, business, or revenue;
9.4.2. business interruption;
9.4.3. loss of anticipated savings;
9.4.4. loss of business opportunity, goodwill or reputation; or
9.4.5. any indirect or consequential loss or damage.
9.5. If you are a consumer (meaning that you are an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession), please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and subject to paragraph 9.1 above, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.6. Subject to paragraph 9.1 above, we will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
9.7. We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. Subject to paragraph 9.1 above, we will not be liable for any loss or damage that may arise from your use of them.
9.8. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which are set out in our Terms and Conditions.
10. VIRUSES
10.1. We do not guarantee that the Website will be secure or free from bugs or viruses.
10.2. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
10.3. You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
11. LINKING TO THE WEBSITE
11.1. You may link to the home page of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
11.2. 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.
11.3. You must not establish a link to the Website in any website that is not owned by you.
11.4. The Website must not be framed on any other website, nor may you create a link to any part of the Website other than the home page.
11.5. We reserve the right to withdraw linking permission without notice.
11.6. If you wish to make any use of content on the Website other than that set out above, please email: [email protected].
12. THIRD PARTY LINKS AND RESOURCES IN THE WEBSITE
12.1. Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only.
12.2. We have no control over the contents of those websites or resources.
13. GENERAL
13.1. If any provision of these Terms of Use shall be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any jurisdiction, then, to the extent that provision is illegal, invalid or otherwise unenforceable, it shall be severed and deleted, and the remaining provisions of these Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
13.2. These Terms of Use and your use of the Website (including, but not limited to, all non-contractual arising out of or in connection with them or it) shall be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with these Terms of Use and your use of the Website shall be subject to the exclusive jurisdiction of the English courts, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction.
14. CONTACT US
14.1. To contact us, please email: [email protected].