HAM Enterprises Ltd
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR PLATFORM
the HAM Enterprises website at (the “Website”);
the applications that we release and which may be updated from time to time (the “Apps”); and our social media pages.
Use of our Platform includes, but is not limited to, accessing, browsing, registering and uploading content. By using our Platform, you confirm that you accept these Terms and that you agree to comply with them.
If you do not agree to these Terms, you must not use our Platform.
USE OF YOUR INFORMATION
INFORMATION ABOUT US
Our Platform is operated by HAM Enterprises (“us”or “we”).
CHANGES TO THESE TERMS
ACCESSING OUR PLATFORM
We do not guarantee or warrant that the Platform, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Platform without notice. We will not be liable to you if for any reason the Platform is unavailable at any time or for any period.
You are responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights subsisting in, or used in connection with our Platform and the material published on it. Those works are protected by copyright and other intellectual property rights. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal use and you may draw the attention of others within your organisation to content posted on our Platform.
Our status (and that of any identified contributors) as the authors of content on our Platform site must always be acknowledged.
You must not use any part of the content on our Platform for commercial purposes.
If you print off, copy or download any part of our Platform in breach of these Terms, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
NO RELIANCE ON INFORMATION
The content on our Platform is provided for general information only. Nothing on our Platform is intended to constitute advice or information 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.
It is your own responsibility to ensure that any of the products, websites or information mentioned on our Platform meet your specific requirements. Neither we nor any third parties provide any warranty or guarantee as to the accuracy or suitability of the information offered on our Platform for any particular purpose. For the avoidance of doubt we do not guarantee that our Platform, or any content on it, will be free from errors or omissions.
LIMITATION OF OUR LIABILITY
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation.
We exclude all conditions, warranties, representations or other terms which may apply to our Platform or any content on it, whether express or implied.
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:
use of, or inability to use, our Platform; or
use of, or reliance on, any content displayed on our Platform.
In addition, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are dissatisfied with our Platform or any of these Terms, your sole remedy under these Terms shall be to discontinue use of our Platform.
INTERACTIVE PLATFORMS AND SOCIAL MEDIA
This Platform includes information and materials uploaded by other users, including reviews, ratings and comments. This information and these materials have not been verified or approved by us. The views expressed by other users do not represent our views or values.
We expressly exclude our liability for any loss or damage arising from the use of any interactive Platform by a user in contravention of our Content Standards (as defined below), whether the Platform is moderated or not.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our account security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at .
When posting or uploading any reviews, ratings or any other material to our Platform or to any interactive Platforms associated with it (the “Contributions”) you must comply with the following standards (the “Content Standards”). The Content Standards apply to each part of any Contribution as well as to its whole.
be true and accurate (where they state facts);
be genuinely held (where they state opinions); and
comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
contain any material which is defamatory of any person;
contain any material which is obscene, offensive, hateful or inflammatory;
promote sexually explicit material;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trade mark of any other person;
be likely to deceive any person;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal activity;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from us, if this is not the case; and
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You warrant that any Contribution complies with the Content Standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
You warrant that you have consent from third parties to post any Contributions which incorporate information and images of those third parties. You will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
Any Contribution will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Contribution, but you grant us and other users of our Platform a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any Contribution posted or uploaded by you to our Platform or to our social media pages constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any Contributions posted by you or any other user of our Platform or our social media pages.
We have the right to remove any Contributions you make on our Platform if, in our opinion, your post does not comply with the Content Standards set out in these Terms.
If you wish to complain about information and materials uploaded by other users please email a Notice of Complaint (“Notice”) to us at . The Notice you provide must contain the following details in order that we may fully investigate your complaint and deal with it appropriately:
Your name and an email address at which you can be contacted;
Where on our Platform the material complained of was posted;
What the material complained of says and why you are concerned about it;
What meaning you attribute to the material complained of;
Details of any aspect of the material complained of which you believe is factually inaccurate or consists of an opinion not supported by fact; and
Confirmation of whether you consent to your name and email address being provided to the poster of the material complained of.
We may not be able to investigate the complaint set out in your Notice if it is anonymous, sent incorrectly addressed or does not provide the required information. We reserve the right to ask for verification of your identity and to seek further information from you to clarify the basis of your complaint. Any personal data you provide to us will be used in accordance with our Privacy and Cookies Policy at https://www.hamenterprises.co.uk/privacy.
Please note that statements uploaded to our Platform that are true or that reflect an honest opinion (including negative reviews) are not usually themselves a basis for them to be removed from our Platform. As a result, you should carefully consider the facts before you make a complaint and send a Notice to us, as a false claim may expose you to liability.
You shall not be permitted to commence any court proceedings in relation to any complaint or dispute arising out of any content uploaded to our Website until you have complied with the requirements of these Terms and have provided a Notice to us in the first instance.
We do not guarantee that our Platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Platform. You should use your own virus protection software.
You must not misuse our Platform 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 our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-Platform attack or a distributed denial-of Platform 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 our Platform will cease immediately.
You may use our Platform only for lawful purposes. You may not use our Platform:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way;
to send, knowingly receive, upload, download, use or re-use any Content which does not comply with the Content Standards;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of these Terms; and
not to access without authority, interfere with, damage or disrupt:
any part of our Platform;
any equipment or network on which our Platform is stored;
any software used in the provision of our Platform; or
any equipment or network or software owned or used by any third party.
LINKING TO OUR PLATFORM
You may link to our Website home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
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.
Our Platform must not be framed on any other site, nor may you create a link to any part of our Platform other than the home page.
We reserve the right to withdraw linking permission without notice.
Our Platform in which you are linking must comply in all respects with the Content Standards.
If you wish to make any use of content on our Platform other than that set out above, please contact us via the “Contact Us” page on our Platform.
THIRD PARTY LINKS AND RESOURCES ON OUR PLATFORM
Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only.
We assume no responsibility for the content of websites linked on our Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We have no control over the contents of those sites or resources.
Please note that these Terms, their subject matter and formation, are governed by English law. If you are a consumer user, the courts of Scotland will have non-exclusive jurisdiction. If you are a business user, the courts of Scotland will have exclusive jurisdiction.
To contact us, please do so via the via the “Contact Us” page on our Website.
Thank you for visiting us.