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Terms & Conditions
Introduction
This website is owned and operated by Wix. These Terms of Use set forth the terms and conditions under which you may use our website, services and goods as offered by us. This website offers visitors a platform where they can purchase property condition reports for let and newly built properties. By accessing and/or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms of Use.
Table of Contents
2. INTELLECTUAL PROPERTY RIGHTS
4. PROPERTY INVENTORY SERVICES
7. WITHDRAWALS, CANCELLATION & REFUND POLICY
10. COPYRIGHT INFRINGEMENTS
11. MODIFICATIONS AND INTERRUPTIONS
16. LIMITATIONS OF LIABILITY
18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
1. Agreement to terms
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Hihouse Inventory Ltd. doing business as Hihouse ("Hihouse ", "we ", "us " or "our"), concerning your access to and use of the https://www.hihouse.io website as well as any other media form, media channel. mobile website or mobile application related. linked. or otherwise connected thereto (collectively, the "Site").
We are registered in England and have our registered office at 140, Plashet Road, London E13 OQS.
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE. THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right. in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the "last updated", date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. Intellectual property rights
Unless otherwise indicated, and in agreement with Wix intellectual property rights, the Site is our proprietary property and all bespoke code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively. the "Content) and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us and are protected bv copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, international copyright laws, and international conventions.
The Content and the Marks are provided on the Site "AS IS for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, re-published, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
The Company name and logo is trademarked and protected from copying or use without our prior written agreement. All information and data held on any proprietary systems, any paperwork and including all marketing literature and contents of any digital media sites, including the Company Site www.hihouse.io and its associated websites are, unless otherwise stated, the property of Hihouse Inventory Ltd and where relevant, contains confidential information and is therefore protected by international copyright laws. All rights in respect of that copyright are reserved. Without our prior written agreement, no part of any documentation or marketing information may be copied or reproduced by the Client save for the temporary copies made for the purpose of downloading the website.
3. User representations
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) vou will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (3) you will not use the Site for any illegal or unauthorized purpose; and (4) your use of the Site will not violate any applicable law or regulation.
4. Property Inventory Services
4.1 Services
The description of the Services and any Goods (the "Report") is as set out in the Site, marketing leaflets and/or other forms of advertisements. Any description is for illustrative purposes only. There may be small discrepancies appearing as we pursue the development and improvements of our services and goods. Any corrections and adjustments are governed by the modification and interruptions clause expressed in this Terms of Use. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Services which appear on the Site are subject to the availability of our staff.
We reserve the right to change, modify, or remove the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
We will provide the following after-sales service: Amendments, modifications of the reports, uploading of photographs or consultation on the subjects of the report.
The Contract continues as long as it takes us to perform the Services.
4.2 Coverage
4.2.1 Coverage Zones
The company has identified three areas of work ("Coverage Zones"), defined as such:
(1) "Central London": Area composed of the Boroughs of Hammersmith and Fulham, Kensington & Chelsea, Westminster, Camden, City of London, Islington, Hackney, Tower Hamlets, Newham, Greenwich, Lewisham, Southwark, Lambeth and Wandsworth.
(2) "Greater London": Area composed of the Boroughs of Hounslow, Brent, Ealing, Barnet, Haringey, Waltham Forest, Redbridge, Barking and Dagenham, Bexley, Bromley, Croydon, Sutton, Merton and Richmond-Upon-Thames.
(3) "Special Coverage Zone": Area composed of the Boroughs of Kingston-Upon-Thames and Harrow.
Any travel to a location that is not part of any Coverage Zones is not covered by our company and will be rejected unless a specific agreement is in place between the parties involved.
4.2.2 Extra travel fees
We charge an additional 15gbp for any scheduled inspection requiring our staff to travel to any location within the "Greater London" coverage zone. Scheduled inspections requiring our staff to travel to any location within the "Special Coverage Zone" must agree to a bespoke travel fee ranging from 15 to 25gbp, unless a specific agreement is in place between the parties involved.
4.3 Attendance and Access
4.3.1 Access requirements
We can only attend a scheduled inspection if prior access arrangements have been made by the instructing customer. These access arrangements include and are not limited to: (1) access is provided by the legal owner of the property at the premises of the property, (2) access is provided by the tenants designed under the tenancy agreement of the property inspected at the premises of the property, (3) access is provided by the let agency managing the property for which it has the legal provisions to arrange access, provided the agent has been informed about the inspection and granted authorisation to release keys to our staff for the completion of the services and goods by the relevant parties; (4) access is provided under specific terms set out by either the legal owner, the registered tenants, and/or the lettings agent and ensures safe and authorised access to the property in ways that do not infringe and conflict with any local laws.
4.3.2 Key handover and key returns
Where a Check in handover is organised under the provisions of the Services subscribed, tenants or any designated, appointed agent is required to attend the handover at the time specified in the bookings communications. We reserve the right to return keys to the collection location and cancel the handover when the tenant, or designated, appointed agent is beyond 20 minutes late and has not been reached and any attempt to communicate has failed. If the keys cannot be returned to the collection point, they will be sent by mail once a designated address is communicated for an extra fee of £15.
The property keys can all be collected at Check Out from Tenants when instructed by the legal owner, lettings agent, booking agent, and any designated, appointed, legally identified individual. These keys will be returned for as long as a relevant address is provided or sent by mail if the office is closed and has no letterbox available at the time of return.
If keys are not available before the agreed appointment, we reserve the right to charge for a cancelled appointment under the provision set out in Section 7 of this Terms of Use agreement.
4.3.3 Conditions of work
We recognise as optimal, the conditions under which we can deliver the services and goods closest to the description of their quality, design and content as set out in this Site and in any of the company's communications. These conditions include;
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Ability to access the property as per the access arrangements made prior to the date of the scheduled inspection
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Non-obstructed, easy and full access to the property and any relevant rooms or spaces recognised in the tenancy agreement.
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The presence of all the furnishing and items mounted and in ready-to-use condition.
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The non-presence, during the inspection, of tenants, suppliers, and any contractors including decorators, cleaners, carpet fitters, and electric specialists when they interrupt, disrupt, prevent or interfere with our ability to deliver the services and goods.
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No delays incurred from the processes of getting access, completing the inspection, handing or collection of keys
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Having provided prior to the scheduled inspection, any requested and/or relevant supporting document needed for the delivery of the services and goods.
The presence, even limited, of tenants, suppliers, and any contractors including decorators, cleaners, carpet fitters, and electric specialist when they interrupt, disrupt, prevent or interfere with our ability to deliver the services and goods. may result in loss of quality and turnover delays for which we reject any liability and/or responsibility unless we are informed of any such planned activity at least 48 hours prior to the day of the scheduled inspection.
4.4 Report turnaround
We send back any Inventory, Inventory and Check-In reports and snag reports within 36 hours provided the conditions at the time of the scheduled inspection were optimal, as set out as by the Terms of Use in the previous section 4.3.3.
Check-In and Check-Out reports are delivered within 48hrs to allow for more time to process data and finalise reports and ensure enough time is provided to second review and proofreading of the reports provided the conditions at the time of the scheduled inspection were optimal, as set out as by the Terms of Use in the previous section 4.3.3.
Every report produced by the Company and delivered to the instructing customer via any type of medium remains the sole property of the Company until all fees are paid in full.
All Reports will be provided as PDFs and hard-printed copies are provided only on request and may be subject to an additional charge.
Any delays must be immediately communicated to the company to ensure the proper delivery of our services and goods.
5. Disclaimers
The reports prepared by the Company are intended as an independent, fair and accurate record of the décor, fixtures and fittings and furniture which compose the internal content of the property, the condition of these items and the internal condition of the property. The report enables items to be visually identified only; no attempt will be made to ascertain the original manufacturer or period in which an item was produced. The report is no guarantee of the adequacy, or safety of all/any furniture, equipment and contents, merely a record that they exist in the property and the time the report is carried out.
5.1 For any reports produced
5.1.1 Item description
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The staff member preparing a report is not an expert on fabrics, materials, antiques etc. or a qualified surveyor.
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All the colours within the report are to mean description of colour only and not that of any metals.
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No attempt will be made to place monetary value on the property or its contents, or to determine whether an item is genuine or reproduction. Any report provided by the Company should under no circumstances be used as a structural survey report.
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Items left in inaccessible places, lofts, cellars or in any areas behind locked doors will not be listed and/or inspected and are the sole responsibility of the instructing customer.
5.1.2 Large items and perishables
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We will not undertake to move heavy, large, awkward and/or valuable items of furniture.
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Mattresses will be inspected when possible and where accessible.
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Any plants, cleaning materials, food and drink goods, and spare light bulbs are considered perishable items and will not be listed with complete accuracy on a report. We will not undertake to list any large number of books, CD’s and/or DVD’s individually either.
5.1.3 Electricals power check
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We attempt to test electrical appliances for power only and only when practical and safe to do so. All electrical items are deemed complete with fixings (plugs, flexes etc) unless otherwise stated.
5.1.4 Utility Meters
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Utility meter readings will be read and noted for an inventory and/or at check-in and check-out. It is the client and/or instructing principal on behalf of the client's responsibility to inform clearly about the location of any such utility meters and guarantee access when premises are known to be locked.
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If unaware of, unable to locate or has unreasonable access to meters, the meters may remain unread.
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We reserve the right to refuse to return to a property at a later stage on behalf of the client and/or instructing principal to read the utility meters.
5.1.5 Smoke alarms and Carbon Monoxide detectors
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Smoke and carbon monoxide alarms whether battery or power operated will be button tested for sound only and power operated alarms will be visually checked for a green/red light.
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A recommendation will be made by the Clerk in respect of any alarm that is not in working order at the time of the visit.
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The Clerk will also make a recommendation for any additional alarms that are required to meet with current legislation.
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The Clerk will not supply or fit any smoke or carbon monoxide alarms or replace any batteries.
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The Company will not accept any responsibility for subsequent loss or injury where any recommendations were not followed up either before the property is let out or during the tenancy, nor will we accept any responsibility for not recording whether a smoke or carbon monoxide alarm is in working order at the time of the visit.
5.1.6 Miscellaneous
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Intruder alarms whether listed or not will be considered untested.
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Floor coverings, rugs and carpets will be inspected to the extent that they are sufficiently clean and any defects noted, provided they are accessible and not obscured.
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We will not accept responsibility for any lost or unaccounted keys, unless we were instructed to collect and/or hand them over.
5.1.7 Safety disclaimer
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The instructing customer and/or client are responsible for the security, heating, and plumbing and meter usage of the property both pre and post the completion of our scheduled inspection.
5.1.8 Compliance
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The Inventory may state when an item of furniture has been seen to have a label advising that it complies with Furniture and Furnishings (Fire and Safety) Regulation 1988, as amended 1993. It should not be assumed that other items not stated comply with this regulation.
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Compliance with the relevant UK Fire Regulations is the responsibility of the Client not the Company.
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It is recommended that all bedding, soft furnishing or any item which is filled/padded be checked by the Client to ensure that they comply with current regulations.
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Regulations on furniture purchased in foreign countries may not meet the UK standards. It is the Client’s responsibility to ensure that all items adhere to relevant current UK regulations.
5.2 For Check In and Check Outs
5.2.1 Introduction
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The Check In or Check Out are ‘Comparison report’ and will only list any change/s compared to the original inventory.
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Any items not listed in the Check In/Out report will be considered to be in the same condition as noted to the inventory.
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A full check In/Out against an inventory can only be provided if the original inventory is made available in digital or printed format.
5.2.2 Liabilities
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We will not accept responsibility or liability for poor or incomplete original inventories and can only comment against information provided.
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Where an inventory has not been previously compiled by the Company and/or where the Client does not provide an inventory, we will complete a general Schedule of Condition and Cleanliness report supported by photographs which will provide a summarised overview of the property. The Clerk will not assign any responsibility nor liability in this circumstance as there will be no evidence of the original condition of the property, contents and fixtures.
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We cannot be held liable for any financial loss suffered by a landlord whereby we have carried out a Check Out report on a poor quality inventory report compiled by an alternative inventory company or by the landlord or where no inventory has been created. We are only able to comment on items listed in the original inventory or evidenced in clear photographs embedded to the inventory.
5.2.3 Timelapse between inspections
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It has to be accepted that any time lapse between the completion of the inventory report and the check-in and/or check-out and subsequent check-in, cannot be independently verified by the Company. It has to be acknowledged that some alterations (any amount of damage, items removed or added) to the property may occur within this period.
5.2.4 Assigning tenant/landlord liabilities
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Where appropriate and agreed in the Client Service Level Agreement, the Company will assign responsibility to either the landlord or tenant, however where the responsibility is not clear for whatever reason, our staff will refer the issue to either the Landlord or Agent for determination.
5.2.5 Miscellaneous
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Where the tenant is present at the Check Out, the Clerk will record and photograph all door keys returned by the tenant.
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It is not the responsibility of the Company to switch off any accessible electrical appliances and we will accept no liability for any loss or damage caused by any appliances on site.
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It is important to note that any contents must be situated in the property as specified in the report upon termination of the tenancy. Failure to do so may result in delay on appointment.
5.3 For Snag and de-snag reports
5.3.1 Description
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We provide newly built home snagging inspections to the best of our ability, to ensure that we find every defect and/or flaw in the property.
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Any problems or issues flagged within the final snagging survey report, then become the responsibility of the developer to rectify, prior to your moving in or very shortly thereafter.
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We are here to help you every step of the way to bring the property up to the level of set expectations.
5.3.2 Liabilities
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Our services can vary in time drastically depending on several factors such as house Size, quality, age etc. Under no circumstances does the number of snagging items picked up, nor the time taken to pick them up affect the price paid.
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If the service takes less time or the amount of snags is less than anticipated we will not be held responsible and shall not issue any sort of refund relating to this matter.
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We accept no responsibility for any defects or issues that are overlooked or misrepresented.
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We are not licensed or certified as an electrical or plumbing company, we do carry out basic checks on the electrical sockets and heating systems; we will not to be held accountable past this point or responsibility. We also add that this is not a structural survey and we are not responsible for any inaccuracies.
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If your home builder refuses to repair any defects, we will advise you on how to approach the builder. However, this is done out of kindness, and our service is based on a snagging inspection and report. We are not liable if your builder refuses to correct any defects.
5.3.3 De-snag inspections
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The de-snag inspection acts as a separate service to which an inspector will check the workmanship for the items on the previous report. They will not be looking for additional items just the ones on the original snagging report.
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The de-snag inspection will only be booked after a snagging inspection was carried out.
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Where possible the de-snag will be completed by the inspector who carried out the original inspection. However, this is not always possible for a range of possible factors. Therefore, it is common that a different inspector will conduct the de-snag inspection.
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If for whatever reason you do not go ahead with the De-snag inspection, we will not be liable to complete any full refunds of any kind.
6. Commercial Terms
6.1 Terms of sale
6.1.1 Purchase
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to order any service or goods made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that the Company is not responsible for any loss or damage arising from the submission of false or inaccurate information. By submitting such information, you grant us the right to provide the information to third parties for the purposes of facilitating the completion of your order..
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that the Company cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
6.1.2 Order Process
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order ("Order"). It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order ("Order Confirmation"). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before the performance begins of any of the Services.
We intend that these Terms of Use apply only to a Contract entered into by you as an Instructing Customer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Receipt of our email confirmation to your provided email address is an agreement of the location, date, time and price. Any changes must be given in writing (by email) 72 hours before the inspection takes place.
We reserve the right to offer an alternative date due to unforeseen circumstances. The customer will be notified as soon as possible.
6.1.3 Miscellaneous
Any quotation or estimate of Fees (as defined below) is valid from its issuing date, for the period as stated on the quote, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by all the parties designated in the Contract.
6.2 Fees and payments
The fees ("Fees") for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a bespoke basis.
Fees and charges do not include VAT.
Special rates apply when they are set out as per the agreement produced between the Company and the client and are governed by their own Terms of Payments.
We reserve the right to amend any part of the service and/or pricing at their discretion in line with future market changes or updated legislation or deemed to be relevant by the Company. In the event of any such changes, all existing customers will be notified either in writing or verbally of said changes before any additional services is booked.
6.3 Terms of payment
It is the responsibility of the instructing principle commissioning services to pay all fees for services rendered to or on behalf of the client in accordance with the scale of fees.
We ask that any instructing customers that do not identify or qualify as a lettings agent representative, owner of a real estate Complex pay the ask fee at the time of the Order Placement prior to the delivery of the Services and Goods described in the Order Confirmation.
The Instructing Customer must pay by submitting your credit or debit card details with your Order so that the Company can process the payment of Fees.
In the event any discrepancy caused by the instructing principal and/or the client, resulting in the service needing to be carried out again, the second or ‘new’ appointment will be treated completely separately to the prior and charged at full cost.
6.4 Late payment fees
We reserve the right to apply interest charges for the late payment of any fees overdue for more than 14 working days after the period stated on the presented invoice, at a rate of 15% net which will be compounded monthly. This interest charge may vary if specific terms are in place.
7. Withdrawals, Cancellation & Refund Policy
7.1 Withdrawals
By law, you may have the right to a “cooling off period” during which you will have the right to withdraw from the purchase of a service from us for any reason within 14 calendar days from the date of instruction.
To exercise the right to cancel, you must inform us of your decision to cancel the contract by a clear statement (e.g. a letter sent by post, or e-mail). The cancellation rights are no longer applicable once a job has been completed as instructed by the Client.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the “cooling off period” set out above has expired. If you cancel an order, you will be entitled to reimbursement of all payments made by you in respect of the order, and the conditions below shall apply.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time, the right to cancel will be 14 days after the first service delivery.
If you have requested us to begin the performance of services during the “cooling off period”, you will be required to pay an amount which is in proportion to what has been performed until you have communicated to us your cancellation of the contract, in comparison with the full price of the contract. Unless you tell us otherwise, your purchase of services from us will be taken as a request by you to begin the performance of such service immediately (and within the “cooling off” period).
7.2 Cancellations
A minimum of 24 hours notice must be respected for cancellation. Should you cancel the booking less than 24 hours in advance, we will retain 50% of the invoiced amount.
In the event any of our staff representative attends an appointment as commissioned by an instructing principal and/or client and the service cannot be carried out, whether or not this is due to circumstances beyond the instructing principle and/or client control, we reserve the right to charge an abortive fee at a rate of 50% of the full invoice amount.
If a member of our staff feels that the property or any person visiting that property makes them feel unsafe or they have a concern in any way that may affect their health or safety, We reserve the right to cancel the appointment at any point without liability and will deliver on clear statement on the situation.
If the inspection is unable to go ahead due to reasons including but not limited to the property being unfinished, the inspector identifying a risk to the customers or their own safety, COVID guidelines not being met, or the inability to gain access to the property on the day of the inspection then 50% of the total cost is payable to the Company.
7.3 Refunds
When specifically agreed and documented, we will make the reimbursement without undue delay, and not later than 14 days after the day we granted your refund request,
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8. Guidelines for reviews
We may provide you areas on the Site to leave reviews or ratings. When posting a review. you must comply with the following criteria; (1) you should have first-hand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation; (4) Your reviews should not contain references to illegal activities; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject. or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed bv us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.
9. Site management
We reserve the right. but not the obligation, to: (1) monitor the Site for violations of these Terms of Use: (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible_ anv of vour Contributions or anv notion thereof (4) in our sole discretion and without limitation notice. or liability. to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
10. Copyright Infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control. please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting a solicitor.
11. Modification & Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third partv for any modification, price change. Suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the site at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, or inaccuracies. or omissions and to change or update the information on the Site at any time, without prior notice.
12. Privacy policy
We care about data privacy and security. Please review our Privacy Policy: https://hihouse.io/privacy-policy
By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in England. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in England, then through your continued use of the Site, you are transferring your data to England, and you agree to have your data transferred to and processed in England
13. User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site as well as data relating to your use of the Site Although we perform regular routine back-ups of data you are solelv responsible for all data that you transmit or that relates to new activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
14. Governing Law
This Terms of Use (including any non-contractual matters) is governed by and construed in accordance with the law of England and Wales. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
15. Dispute Resolution
15.1 Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
15.2 Binding Arbitration
If the matter is not resolved by negotiation within 30 days of receipt of a written 'invitation to negotiate', the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure, or in default of agreement, through an ADR procedure as recommended to the parties by the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators. If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. The seat of the arbitration shall be England and Wales. The arbitration shall be governed by both the Arbitration Act 1996 and Rules as agreed between the parties. Should the parties be unable to agree on an arbitrator or arbitrators, or be unable to agree on the Rules for Arbitration, any party may, upon giving written notice to other parties, apply to the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators for the appointment of an Arbitrator or Arbitrators and for any decision on rules that may be necessary. Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.
15.3 Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
15.4 Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
16. Limitations of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.
17. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable solicitor's fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
18. Electronic communications, transactions, and signatures
Sending us emails, placing an order and completing online forms constitute electronic communications. You consent to receive electronic communications. and vou agree that all agreements, notices, disclosures, and other communications we provide to vou electronically via email and on the Site satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive anv rights or requirements under any statutes regulations rules ordinances or other laws in anv jurisdiction which require an original signature or delivery or retention of non-electronic records. or to payments or the granting of credits by anv means other than electronic means
19. Prohibited activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
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Systematically retrieve data or other content from the Site to create or compile. directly or indirectly. a collection. compilation. database. or directory without written permission from us. Trick. defraud. or mislead us and other users. especially in any attempt to learn sensitive account information such as user passwords.
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Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or convina of anv Content or enforce limitations on the use of the Site and/or the Content contained therein.
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Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
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Use any information obtained from the Site in order to harass, abuse, or harm another person
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Make improper use of our support services or submit false reports of abuse or misconduct.
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Use the Site in a manner inconsistent with any applicable laws or regulations
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Engage in unauthorized framing of or linking to the Site.
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Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
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Engage in any automated use of the system. such as using scripts to send comments or messages. or using any data mining. robots. or similar data-gathering and extraction tools
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Delete the copyright or other proprietary rights notice from any Content.
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Attempt to impersonate another user or person or use the username of another user.
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Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics, interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms")
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Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the site.
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Harass, annoy, intimidate, or threaten any or our employees or agents engaged in providing any portion of the Site to you.
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Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site
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Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
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Except as may be the result of standard search engine or Internet browser usage, use, launch, develop or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site or using or launching any unauthorized script or other software.
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Use a buying agent or purchasing agent to make purchases on the Site.
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Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose or sending unsolicited email, or creating user accounts by automated means or under false pretences.
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Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
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Use the site to advertise or offer to sell goods and services
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Systematically retrieving data or content from your Site to create a collection or database without written permission from the site owner.
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Trick, defraud, or mislead you or other users, especially in any attempt to learn sensitive account information such as user passwords
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Use the support services improperly. or submit false reports of abuse or misconduct.
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Framing or linking to this Site without authorization.
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Delete the copyright or other proprietary rights notice from any content.
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Use scripts, data-mining, robots, or similar data-gathering tools to send comments or messages
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Bypass measures or this site designed to prevent or restrict access.
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Use this site in an effort to compete with Hihouse Inventory Ltd. or otherwise use this Site and or the content Content for any revenue-generating endeavour or commercial enterprise.
20. Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
20.1 Force Majeure
In the event of either party being rendered unable wholly or in part by force majeure to carry out its obligations under this agreement it is agreed that on that party giving notice of such force majeure to the other party with reasonable promptness the obligations of the party giving such notice so far as they are affected by such force majeure shall be suspended during the continuation of the same it being agreed that each party shall use all reasonable endeavors to remove or avoid such force majeure with all reasonable dispatch.
The term “force majeure” as used herein shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fire, storm, civil disturbances, terrorism, governmental or quasi-governmental regulations and directions and any other cause not within the reasonable control of the party claiming suspension all of which by the exercise of due diligence such party is unable to prevent.
In the event that the obligations of either party are suspended (as aforesaid) by reason of force majeure for a period in excess of 30 days then either party to this agreement may on giving written notice to the other terminate this agreement.
21. Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please send us an email at: hihouse.admin@hihouse.io
