Terms & Conditions of Use of Website (Individuals)

Terms & Conditions of Use of Website (Individuals)
v.1 (last updated April 2019)

Our website located at barryjmurphy.com including any mobile application (the “Website”) is owned and operated by Hogo UK Limited, trading as HOGO Dignity Wage, a company incorporated in England and Wales with company number 11885349 and registered address 11 George Street West, Luton, Bedfordshire, LU1 2BJ, England and its affiliates (collectively referred to as “we”, “our” or “us”).

Please read these terms and conditions of use of the Website (these “Terms”) before using the Website. “You” and “your” when used in these Terms includes any person who accesses the Website or submits personal data via the Website.

By accessing, browsing or otherwise using the Website by any means and via whatever device, or registering your details with us you agree to abide by the terms and conditions of these Terms and our Privacy Policy.

1 Changes to these Terms

We reserve the right to change these Terms at any time by posting revisions to this Websiteand we encourage you to read these Terms periodically to ensure that you are at all times fully aware of them. Any changes are effective immediately upon posting to this Website.

2 User Account

2.1 You will be required to set up an account with us for the purpose of improving your experience whilst using the Website and to use and access certain services offered by us(a “User Account”). In order to obtain a User Account, you are required to complete the registration process. You hereby represent and warrant to us that any and all information submitted to us in the course of the registration is accurate and true. You undertake to keep your registration information up to date.

2.2 You are responsible for maintaining the confidentiality of your User Account and password and for restricting access to your system and User Account. This includes keeping your User Account details secret such as your User Account ID and password and not allowing other users to use your User Account. You agree to notify us immediately at privacy@hogoglobal.com if you have any reason to believe the security of your User Account has been compromised, including if you believe that your password has become known to anyone else or if your password is being, or is likely to be, used in an unauthorised manner.You must log off each time at the end of the session.We shall bear no liability for any harm, loss or damage resulting from your failure to comply with the requirements of these Terms.

2.3 When registering for your User Account you will be required to pay a subscription fee via a payment gateway (your “Subscription”). You hereby accept that one we have accepted your payment then, as far as permitted by law, you will have no right to a cooling-off period. Your Subscription shall be for a period of 30 days from the time of your payment of the stated subscription fees and shall automatically renew for additional, consecutive 30 day periods,but you may cancel your Subscription at any time by contacting the stated payment gateway.For the avoidance of doubt, Subscription fees are not refundable under any circumstances.

2.4 Providing that you have a valid User Account and a current Subscription you will be entitled to certain membership rights as may change from time to time. Members will be permitted from time to time to vote on certain matters affecting all members, all members will have 1 vote each and a simple majority will be needed to pass any matter that is being voted upon.

2.5 You acknowledge and agree that we shall be entitled to terminate or suspend your User Account at our sole discretion without any notice to you in the event of your breach of these Terms.You understand that termination by us, or cancellation by you,of your User Account may lead to blocking, deletion and limitation of your access to content, materials, information and files uploaded, shared, submitted and made available in association with your User Account, as well as access to our services.

3 Use of the Website

3.1 We are the owner or the licensee of all intellectual property rights in the Website, the Content and the Trade Marks. Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use the Website (including the Content and Trade Marks) for your personal and non-commercial use only. Where specified in the relevant part of the Website, the licence granted herein may be limited to a particular period of time and/or may be subject to additional terms and conditions.

• For the purposes of these Terms “Content” includes, but is not limited to, all or part of any text, graphics, layout, logos, images, audio material, films or other moving images, product details and/or software published or otherwise available on the Website from time to time (including, without limitation, anything made available for download) and “Trade Marks” means the trade marks, logos and service marks (whether or not registered) displayed on the Website.

3.2 While accessing, browsing and/or using the Website you must:

3.2.1 comply with all applicable laws, regulations and codes;

3.2.2 not impersonate another person or use a false name or email address;

3.2.3 not deep-link to and/or frame or use framing techniques to enclose the Website or any part of the Website without our prior written consent;

3.2.4 not modify or attempt to modify all or any part of the Content or the Website;

3.2.5 not gain or attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;

3.2.6 not post, transmit, submit, refer to, make available or link to or from (or authorise or permit any other person to do the same) any material which:

(a) is untrue, fraudulent, inaccurate or incomplete; and/or

(b) is discriminatory,libellous, defamatory, obscene, threatening, menacing, offensive, harassing, abusive, causes annoyance, inconvenience or needless anxiety, is tortious, is in breach of confidence; and/or

(c) may constitute a criminal offense, result in civil liability or otherwise violate or breach any applicable laws, regulations or code of practice; and/or

(d) interferes or violate the legal rights (such as rights of privacy and publicity) of others or violate other users of the Website; and/or;

(e) violates, infringes or misappropriates any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party) or commits a tort; and/or

(f) interferes with, disrupts, negatively affects or inhibits other users from using the Website or links on the Website or damages, disables, overburdens or impairs the functioning of the Website or our servers or any networks connected to any of our servers in any manner;and/or

(g) contains any virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other similar software or program or other harmful code, or which may otherwise impair or harm the Website or our computer systems or any third-party computer system, and we shall have sole discretion as to whether any such material is in breach of this sub-clause.

3.3 Except as set out in the limited licence set out herein (or as required under any applicable law), the Content, Trade Marks and/or any other part of the Website may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent. You are not permitted to republish any part of the Website (including the Content) on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without our prior written permission. At any time and without giving you any advance notice, we may permanently or temporarily and for any reason terminate, suspend or deny your access to the Website (whether in whole or in part).

4 Maintenance or Closing the Website

We may take down the Website at any time for any duration and for any reason, including for investigation of any security incident and for carrying out system maintenance and upgrades.

5 Data Protection, Privacy and Cookies

5.1 When you use the Website we may collect, use and share with others information that relates to you. The collection, use and sharing of personal information that relates to you is explained in our Privacy Policy.

5.2 We reserve the right in our sole discretion to monitor and record (or engage a third party to monitor or record) any or all of your activity. Any information collected in this way, may be used by us or our affiliated companies to enforce these terms of service, to comply with the law, to protect our rights and those of our licensors and users, and to protect the personal safety of our employees, contractors and users. This information may be passed to the police or other appropriate authorities. Please note that we cannot monitor all Website activity and we make no commitment to do so.

5.3 Full details of the way in which we use cookies on the Website and how we hold and process information from which we can identify you or any third party are set out in our Privacy Policy and our Cookie Policy.

6 Aggregate information

6.1 We may gather information and statistics collectively about all visitors to the Website and users of our services which may include the information supplied by you. This information helps us to design and arrange our web pages in a user- friendly manner and to continually improve the Website and our services to better meet the needs of our Website users.

6.2 We may share this kind of aggregate data with selected third parties to assist with these purposes. Personal data is processed by us in accordance with our Privacy Policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.

7 Third party links

The Website may contain hypertext links to third party websites. We are not responsible for, nor do we endorse in any way such third-party website or their content. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.

8 Exclusions and limitations of liability

8.1 All information and/or data on the Website is provided on an “as is” basis. Save to the extent required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Website or the Content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.

8.2 Neither we nor any of our data providers or affiliates gives any warranty or guarantee relating to availability of the Website or that the Website and/or our operation of it, the Content or the server that makes the Website available are error or virus free or free of other harmful components or that your use of the Website and/or the Content will be uninterrupted.

8.3 You agree that us, our directors, employees, agents or other representatives, data providers or affiliates will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to:

8.3.1 interruption of business; or

8.3.2 access or other delays, terminations, suspensions, denials or access interruptions to the Website; or

8.3.3 data non-delivery, data mis-delivery, data corruption, destruction of data or other modification of data; or

8.3.4 third party website links on the Website; or

8.3.5 reliance on the information contained on the Website; or

8.3.6 computer viruses, system failures or malfunctions which may occur in connection with your use of the Website; or

8.3.7 any inaccuracies,omissions or misleading, false or deceptive statement in the Content; or

8.3.8 events beyond our reasonable control.

8.4 Notwithstanding any provision of these Terms, we do not exclude or limit our liability for:

8.4.1 death or personal injury caused by its negligence or that of any of its officers, employees or agents; or

8.4.2 fraudulent misrepresentation; or

8.4.3 any liability which it is not lawful to exclude either now or in the future.

9 Indemnification

9.1 To the fullest extent permitted by applicable law, you shall indemnify, defend and hold harmless and reimburse us, including our subsidiaries, affiliates, directors, officers, employees, agents, representatives, and assignees and successors, harmless from and against any and all claims, damages, losses, actions, demands, proceedings, expenses and/or liabilities filed (including without limitation all legal fees and expenses), incurred by us arising from or relating to:

9.1.1 any breach of these Terms by you; or

9.1.2 your fault, negligence or breach of statutory duty; or

9.1.3 your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our suppliers.

10 Representations and warranties

10.1 By using the Website or any of our services you represent and warrant that:

10.1.1 you have read and understand these Terms and have the authority to enter into these Terms, to use the Website and our services and to carry out and perform your obligations under these Terms; and

10.1.2 you appreciate the risks and implications of using the Website and our services, including all methods of payment for our services specified on the Website, as well as know how to manage them, and you are solely responsible for any evaluations based on such knowledge.

11 Force Majeure

11.1 We shall not be liable for failure to perform or comply with any of its obligations under these Terms if such failure is caused by the occurrence of any unforeseen contingency or circumstances beyond our reasonable control (a “Force Majeure Event”).

11.2 For the purposes of these Terms, a Force Majeure Event shall include, but not be limited to, the following events: war (whether declared or undeclared), armed conflict, acts of terrorism, natural disasters or weather conditions, acts of governmental authorities or courts, industrial disputes affecting any third party, failures or fluctuations in electrical power or telecommunications service, failures or problems in regards to the internet or a part of the internet, hacker attacks, viruses or other malicious software attacks, and any other act that is beyond our reasonable control.

12 General

12.1 Any contractual or legal relationship between us and you will be concluded in English.

12.2 Nothing in these Terms is intended to or shall operate to create a partnership or joint venture of any kind between us or to authorise either of us to act as agent for the other, and neither of us shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

12.3 In the event that, following a breach of these Terms by you or under any other scenario, if we do not take action against you, or we fail to require or enforce strict performance of any provision of these Terms, such failure or decision shall not be considered a waiver of our rights to assert or rely upon any such provision or right. We shall still be entitled to assert or rely upon our rights and remedies in any other situation. Similarly, any express waiver by us of any rights or provisions of these Terms regarding any particular situation shall not constitute a waiver of its rights for other similar or future situations.

12.4 We may assign our rights and obligations under these Terms. Any licence granted herein is personal to you and may not be assigned, transferred or sub-licensed (in whole or in part) without our prior written consent.

12.5 If, and to the extent that, any of the provisions of these Terms are disallowed or found to be ineffective, invalid, unlawful or unenforceable by a court or regulator of competent jurisdiction, such provision shall to that extent be severed from the remaining provisions contained herein, which shall continue to be valid and applicable to the fullest extent permitted by law.

12.6 Except as otherwise provided herein, these Terms are intended solely for the benefit of you and us and are not intended to confer third-party beneficiary rights upon any other person or entity.

12.7 These Terms shall be governed and construed in accordance with the laws of England and Wales.

12.8 Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this Clause12.8. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, United Kingdom. The language to be used in the arbitral proceedings shall be English.

12.9 Any dispute arising out of or related to these Terms shall not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.