Terms of Service ("Terms")
Last updated: July 04, 2016
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.hellotipsters.com website (the "Service") operated by HelloTipsters Ltd ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
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 purchase any product or service 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 HelloTipsters Ltd 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 purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your Service 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, payment not received or other reasons. You expressly agree that HelloTipsters Ltd cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your Service if fraud or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites or applications. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section "Availability, Errors and Inaccuracies" is without prejudice to existing statutory rights.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
By using our Service, you grant us the right and license to publicly post Content through the Service on your behalf. This includes but is not limited to; In-App and Website Push Notifications, Timeline Posts, Native Adverts, Interstitial Adverts, Banner Adverts and Sponsored links.
You represent and warrant that: (i) the Content posted by you is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When an account is created with us, you must provide us information that is accurate, complete, and current at all times, including but not limited to: Name, Address, email, credit card or other payment information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
HelloTipsters Ltd agrees to safeguard personal or private information held by us by all means necessary.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of HelloTipsters Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HelloTipsters Ltd.
When you upload content, you give to HelloTipsters Ltd a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and HelloTipsters Ltd business.
Applications or Websites built by or using the Service will be your property and you own the compiled applications and/or Website. HelloTipsters Ltd retains any and all ownership, without limitations, of all, but not limited to; source code, graphic, video and sound assets, application source files, website source files used to develop and create your application or website.
You have the right to host any Applications via your own Apple App Store Developer License or Google Play Developer License; although its source code hosted via your own Apple App Store Developer License or Google Play Developer License remain the property of HelloTipsters Ltd.
The HelloTipsters dashboard and all services are owned by HelloTipsters Ltd or by respective 3rd (“third”) party partners. You have no ownership of any services provided.
Users of your application or website are defined as actual people downloading, using and/or visiting your application or website. Any and all users under any property you own, that is using the Service, shall be owned by you. HelloTipsters Ltd shall reserve the right to post content to any and all users at any time, be it advertising; as outlined under the Content heading or an alert; such as maintenance alerts.
If there are any profits gained from HelloTipsters Ltd posting to users owned by you, the profit shall be shared with the owner of the Application and/or Website. Amounts shared to the owner of the Application and/or Website are described within your dashboard.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by HelloTipsters Ltd.
HelloTipsters Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that HelloTipsters Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you must provide written notice via email and/or our contact form explaining that you wish to terminate your account and stop using the Service.
Upon termination, HelloTipsters Ltd assumes no responsibility for any data, revenue or business lost. Any Applications and/or Websites hosted by HelloTipsters Ltd and/or on HelloTipsters Ltd Apple App Store Developer License or Google Play Developer License shall be removed from public display and archived within 60 days of termination. Any and all users owned by you upon the time of termination shall then be solely owned by HelloTipsters Ltd and HelloTipsters Ltd retains the right to these users.
You agree to defend, indemnify and hold harmless HelloTipsters Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall HelloTipsters Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
HelloTipsters Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will HelloTipsters Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by HelloTipsters Ltd or any person for whom HelloTipsters Ltd is responsible, and even if HelloTipsters Ltd has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
If you have any questions about these Terms, please contact us.