INFORMATION ABOUT US AND HOW TO CONTACT US
2.1Who we are. We are the creators of the HOPP Platform and operate under the company name House of Party Planning Limited (“HOPP”, “we”, “our”, “us”), a company registered in England and Wales. Our company registration number is 11684942and our registered office is Cambridge House, 16 High Street, Saffron Walden, Essex, England, CB10 1AX, VAT registered 313 8163 22.2.2 How to contact us. You can contact us by emailing us at firstname.lastname@example.orgHow we may contact you. If we have to contact you, we will do so by writing to you at the email address or telephone number you have provided.2.4”Writing” includes emails. When we use the words “writing” or “written” in these Terms, unless otherwise specified this includes emails.
THE HOPP PLATFORM
The HOPP Platform provides a place for Users to interact and send enquiries to services offered by other Users (Suppliers) in relation to event, party and wedding planning. HOPP is not responsible for any services or goods or activity carried out by Users and is not an agent, broker or representative for any Users. Users are responsible for any activity they undertake on the HOPP Platform and HOPP makes no representations regarding the quality, accuracy or safety of the services being provided by any Users, or the activities or transactions between Users. The HOPP Platform is a neutral website and the Users are solely responsible for their interactions with each other. HOPP reserve the right but have no obligation to monitor disputes between you and other Users. HOPP shall have no liability for your interactions with other Users, or for any User’s action or inaction.
HOPP Intellectual Property. HOPP or our licensors or partners own the intellectual property rights in the content and material displayed on the HOPP Platform. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any content on the HOPP Platform unless explicitly authorized by HOPP or the owner of the materials. You may, however, from time to time, download and/or print one copy of individual pages of the HOPP Platform for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your Intellectual Property. If you submit or post any materials or content to the HOPP Platform, you grant us and our affiliates and partners a non-exclusive, royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, in any form or media, and via any technology we choose, whether it exists now or is created in the future. You represent that (i) any materials and content posted or otherwise submitted by you to the HOPP Platform is original to you and that you have the right to grant us these rights, (ii) the posting and use of your materials and content on or through the HOPP Platform does not violate, misappropriate or infringe on the rights of any third-party, including, without limitation, privacy rights, rights of publicity, copyrights, trademark and/or other intellectual property rights, and (iii) such posts and the content contained therein abide by these Terms.
Registration. When registering on the HOPP Platform you agree to provide you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for us to suspend or terminate your account and refuse you service in the future. The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
Activity and Protecting your Password. You are responsible for all activity occurring on the HOPP Platform, whether authorised by you or not. Please ensure you are protecting the confidentiality of your account password when you register on the HOPP Platform. . We are not liable for any loss or damage arising from your failure to protect your password or account information.
Third Party Links. The HOPP Platform may contain links to other websites or to third-party sellers of
Change to Business. If you are a business, vendor or are providing any services or products via the HOPP Platform and experience a dissolution, merger or other significant change in personnel (e.g., sale of company), or change in management then we, in our sole discretion, have the right to determine whether to keep active, transfer or terminate your account.
USING THE HOPP PLATFORM
Use of the HOPP Platform: The HOPP Platform has been developed using reasonable skill and care, however you are solely responsible for all use you make of any service or product promoted on the HOPP Platform. To the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss of damage of any kind incurred as a result of you or anyone else relying on a service or product connected to the HOPP Platform. We do not accept any responsibility or liability for issues arising with your event, venue, party or wedding day, whether directly or indirectly caused by the tools or other functionality made available to you via the HOPP Platform.
The HOPP Platform are provided “as is” and on an “as available” basis without warranty of any kind whether express or implies. This means we make no promises that:
The HOPP Platform will be available at any particular time;
The HOPP Platform will meet any particular requirements or provide any particular results;
The information on the HOPP Platform will be accurate or up to date;
The HOPP Platform or the information transmitted to or from it or stored on it will be secure from unauthorised use;
information and materials that you store in your account or on the HOPP Platform will remain retrievable and uncorrupted, or
the HOPP Platform will be uninterrupted or error-free or will be free of viruses or other harmful components, or that defects will be corrected.
Any products or services ordered or provided via the HOPP Platform are fit for purposes. We make no warranties or representations regarding these products or services and these are subject to a separate agreement entered into between you and the Users supplying any products or services. We are not responsible for any third party products or services or any disputes you have with them.
At own risk. You agree that your use of the HOPP Platform is at your own risk. Although we try to ensure that the information available on the HOPP Platform is accurate and up to date, we cannot and do not guarantee the accuracy or completeness of any information available on the HOPP Platform. HOPP is not liable for any inaccuracy or omission concerning any information provided on the HOPP Platform.
Prohibited Use. You may use the HOPP Platform only for lawful purposes. You may not use the HOPP 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;
in any way that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, any other person or any animal.
use unauthorized automated means to access the HOPP Platform or otherwise gain unauthorised access to the HOPP Platform or to any account or computer system connected to the HOPP Platform.
"stream catch" (download, store or transmit copies of streamed content).
obtain, or attempt to obtain, access to areas of the HOPP Platform or our systems that are not intended for access by you.
restrict or inhibit any Users from using and enjoying the HOPP Platform;
manipulate or forge identifiers in order to disguise the origin of any information posted on the HOPP Platform or otherwise provided to us or our employees.
impersonate any person, including, but not limited to, other Users, HOPP or our employees.
engage in or promote spamming, chain letters or other unsolicited communication;
provide inaccurate, misleading or false information to us.
for the purpose of harming or attempting to harm minors in any way;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below);
to ‘harvest,’ ‘scrape’ or collect information from the HOPP Platform using an automated software tool or manually on a mass basis. This includes, for example, information about other Users information about the offerings, products and services of any Users;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
post any content that contains any information that you know is not correct or current;
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 the HOPP Platform.
Not to access without authority, interfere with, damage or disrupt:
any part of the HOPP Platform;
any equipment or network on which the HOPP Platform site is stored;
any software used in the provision of the HOPP Platform; or
any equipment or network or software owned or used by any third party connected to the HOPP Platform.
5.1These content standards apply to any and all material which you contribute to the HOPP Platform (including the Interactive Services) (Contribution).5.2The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, at our sole discretion, whether a Contribution breaches the content standards.
A Contribution must:
be accurate (where it states facts);
be genuinely held (where it states opinions); and
comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
be defamatory of any person;
be 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;
breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal activity;
be in contempt of court;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or
be likely to harass, upset, embarrass, alarm or annoy any other person;
impersonate any person, or misrepresent your identity or affiliation with any person;
Give the impression that the Contribution emanates from the HOPP Platform or the House of
Party Planning Limited, if this is not the case;
advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by
way of example only) copyright infringement or computer misuse.
contain a statement which you know or believe, or have reasonable grounds for believing, that
members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
contain any advertising or promote any services or web links to other sites.
BREACH OF THESE TERMS
6.1When we consider that any of the Terms have been breached, we may take such action as we deem appropriate.
Failure to comply with the Terms constitutes a material breach upon which you are permitted to use the HOPP Platform, and may result in our taking all or any of the following actions:
immediate, temporary or permanent withdrawal of your right to use the HOPP Platform or to any features or portions of the HOPP Platform;
immediate, temporary or permanent removal of any Contribution uploaded by you to our site;
issue of a warning to you.
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
further legal action against you;
disclosure of such information to law enforcement authorities as we reasonably feel is necessary
or as required by law.
INDEMNIFICATION AND LIMITATIONS OF LIABILITY
7.1You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your misuse or unauthorized use of the HOPP Platform, your Contributions and submissions to the HOPP Platform, or any violation of these Terms, or applicable law, by you or by someone accessing the HOPP Platform via your account. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification obligation will survive these Terms and the termination of your use of the HOPP Platform.7.2If you are dissatisfied with these Terms, the HOPP Platform or any products or services promoted on the HOPP Platform, your sole and exclusive remedy is to discontinue using the HOPP Platform.7.3We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. For the avoidance of doubt, HOPP is not responsible for any acts carried out by any Users of the HOPP Platform. 7.4In no event will we or any of our subsidiaries or other affiliates, or any of our or their directors, officers, employees, agents or content or service providers, be liable for any damages (including, without limitation, direct, indirect, special, incidental, consequential, exemplary or punitive damages) arising from, or directly or indirectly related to, the use of, or the inability to use, the HOPP Platform (or the content, materials and functions provided as part of the HOPP Platform), whether in an action of contract, negligence, or strict liability, even if we knew, should have known or had been advised of the possibility of such damages. Notwithstanding and without limiting the foregoing, you agree that our liability and the liability of our affiliates, and of any of our or their directors, officers, employees, agents or content or service providers, if any, arising out of any kind of legal claim in any way relating to the use of the site, will not exceed the amount you have actually paid to us, if any, for use of the site, or, if applicable, for use of the specific site feature or service from which the claim in question first arose.
HOW WE MAY USE YOUR PERSONAL INFORMATION
OTHER IMPORTANT THINGS YOU SHOULD KNOW
10.1We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract OR We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 30 days of us telling you about it. 10.2Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms including the guarantee. 10.3If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 10.4Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the HOPP products, we can still require you to make the payment at a later date. 10.5Which laws and jurisdiction applies to these Terms. These Terms are governed by English law and under the jurisdiction of the English courts.