This Agreement was last updated on 4 August 2020. Version 1.2.
Parties and Definitions
Hubmaier Ltd. is a private limited company incorporated and registered in Scotland, United Kingdom (company number SC595051). Our registered address is Hubmaier Ltd., 5 Skinners Steps, Cupar, Fife, KY15 4DZ. Hubmaier’s primary business activity is to provide a platform through which third-party Service Providers can offer services to the Service Users.
For the purposes of this Agreement, Hubmaier Technologies refers to all technologies created, developed or updated by Hubmaier, including the Hubmaier.com platform (hereinafter, “Hubmaier Technologies”). Hubmaier Services refers to all other products and services provided by Hubmaier (hereinafter, “Hubmaier Services”).
Certain provisions of this Agreement refer specifically to ‘Service Clients’ and to ‘Service Providers’. For the purpose of this Agreement, a ‘Service Client’ (hereinafter, a “Service Client”) is anyone procuring or attempting to procure services via the Hubmaier.com platform, and a ‘Service Provider’ (hereinafter, a “Service Provider”) is anyone offering or providing services, or who at any point in the past has offered or provided services through the Hubmaier.com platform. Given the complex nature of certain agreements concluded via Hubmaier.com, in some situations, Service Users may be both procuring or attempting to procure, and offering or providing services. In this instance, they are both a Service Client and Service Provider for the purposes of said transaction. Service Clients and/or Service Providers are Service Users by default for the purposes of the present Agreement.
You are responsible for ensuring that, in using Hubmaier Technologies or Hubmaier Services, you are abiding by the laws of England and Wales, of the United Kingdom, of the country in which you are located, and of any other country under whose jurisdiction you fall in your use of this website.
To the extent permitted by law, this Agreement and your use of Hubmaier Technologies and/or Hubmaier Services shall be governed in accordance with the laws of England and Wales and you are deemed to have submitted to the non-exclusive jurisdiction of the courts of England and Wales to resolve any disputes which may arise hereunder.
This website is provided for United Kingdom residents located in the United Kingdom only. Nothing within it constitutes an offer or promotion of services to persons outwith the United Kingdom. We do not make any warranty or representation that the services by us are available or appropriate for use by those outwith the United Kingdom. Should you choose to use the services we provide outwith the United Kingdom, you do so at your own risk and it is your responsibility to ensure that you do so in compliance with any applicable local laws.
Use of Hubmaier Technologies and Hubmaier Services
You may only use Hubmaier Technologies and Hubmaier Services in compliance with applicable laws and for legitimate purposes. In consideration of you agreeing to abide by this Agreement, we grant you a non-transferable, non-exclusive licence to access and use the Hubmaier.com platform only for the purpose or with the intention of concluding a transaction through Hubmaier.com. In particular, we grant such licence to you subject to you agreeing that you shall not:
a) use Hubmaier Technologies and Hubmaier Services for any purpose that is improper or unlawful, or to post, share or transmit any material that (i) is defamatory, offensive, obscene or otherwise objectionable; (ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trademark or other intellectual property rights; or (iii) is misleading or misrepresentative as to your identity, or which in any way suggests that you are sponsored, affiliated or connected with Hubmaier;
b) use Hubmaier Technologies and Hubmaier Services in any manner which may cause damage to Hubmaier or bring Hubmaier into disrepute;
c) disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via Hubmaier Technologies except as permitted by law;
d) copy, distribute, communicate to the public, sell, rent, lend or otherwise use Hubmaier Technologies or Hubmaier Services, or seek to violate or circumvent any security measures employed to prevent or limit your access to or use of the Hubmaier Technologies and/or Hubmaier Services;
e) use or interfere with Hubmaier Technologies and Hubmaier Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
f) introduce onto, or transmit via, Hubmaier Technologies any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorisation key, licence control utility or software lock;
g) remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on Hubmaier Technologies and/or Hubmaier Services or pass off or attempt to pass off Hubmaier Technologies and Hubmaier Services as the product of anyone other than Hubmaier;
h) use any automated computer program or application to scan, copy, index, sort or otherwise exploit Hubmaier Technologies and Hubmaier Services or any part thereof.
Where you sign up to any feature of, or use, Hubmaier Technologies and Hubmaier Services that requires the use of a log-in account or password, you agree that you shall be responsible for keeping those password and log-in details confidential and secure. If you become aware, or suspect for any reason, that the security of your log-in details has been compromised, please let us know as soon as possible, in writing, via hub (at) hubmaier.com.
To the extent that any element of Hubmaier Technologies and Hubmaier Services is hosted on a third-party website, and there are separate terms and conditions of use relating to that third-party website, you agree to fully comply with such terms and conditions.
Concurrently with your use of the Hubmaier.com platform, you may choose to conclude separate formal or informal agreements, or make other promises or agreements, with a third party, regulating the provision of services provided via Hubmaier. These are known for the purposes of this Agreement as ‘Third-Party Agreements’ (hereinafter, “Third-Party Agreements”). You agree that Hubmaier shall not be a party to any Third-Party Agreement, without the express consent of our Chief Executive Officer, and shall not be bound by any provision of any Third-Party Agreement. You agree to indemnify Hubmaier against any losses or damages occurred as a result of any Third-Party Agreement.
To the extent permitted by the law, and in line with government advice, you agree to attempt to resolve any dispute with any other Service User by means of direct communication, mediation and/or arbitration, prior to seeking recourse to legal action.
Hubmaier independently reserves the right to intervene or not intervene in any dispute, including legal disputes, between Service Users.
Sharing Data and Information
To the extent that Hubmaier Technologies and/or Hubmaier Services allow you to post, upload, transmit or otherwise make available any information, images, video, or other data with Hubmaier or other Hubmaier Service Users (“User Content”), you agree that:
a) you are solely responsible for the User Content that you upload and you represent and agree that you will not share anything which you do not have the permission or right to share and which you cannot grant the licence referred to in paragraph (b) below in respect of;
b) although all intellectual property rights subsisting in any User Content will be owned by you or your licensors, you hereby grant Hubmaier a non-exclusive, perpetual, royalty-free, worldwide, transferrable and sub-licensable right to use, reproduce both electronically and otherwise, display, distribute, modify, adapt, publish, translate, and create derivative works from any and all such User Content (excluding personally identifiable information) including for the purposes of advertising and marketing Hubmaier Technologies and Hubmaier Services; and,
c) we are under no obligation to store, retain, publish or make available any User Content uploaded by you and that you shall be responsible for creating backups and securing the integrity of any such User Content if necessary.
All intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in Hubmaier Technologies, including the Hubmaier.com platform, and Hubmaier Services, are owned by or licensed to Hubmaier.
You acknowledge that by using Hubmaier Technologies and/or Hubmaier Services, you will not acquire any right, title or interest in or to Hubmaier Technologies and/or Hubmaier Services, or in or to any intellectual property rights owned by or licensed to Hubmaier, except for your limited licence to use Hubmaier Technologies and Hubmaier Services granted to you pursuant to this Agreement. You further acknowledge that you have no right to access any aspect of Hubmaier Technologies in source-code form.
To the extent that you provide us with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), you hereby assign ownership of all intellectual property and other rights subsisting in that feedback to us and acknowledge that we can use and share such Feedback for any purpose at our discretion.
If you have reason to believe that your intellectual property rights, or those of another party, are being infringed by any content at Hubmaier Technologies, including the Hubmaier.com platform, and/or at Hubmaier Services, you agree to send written notification of such infringement(s) to Hubmaier’s registered business address, as stated at the beginning of this Agreement.
Limitations and Exclusions of Liability
This Agreement sets out the full extent of Hubmaier’s obligations and liabilities in respect of Hubmaier Technologies and/or Hubmaier Services.
If the event that you encounter difficulties, you should attempt to resolve any issue with the relevant Service Provider. Your sole remedy in such circumstances, including any refund, lies with the relevant Service Provider and not with Hubmaier.
Where the Hubmaier.com platform contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
The Hubmaier.com platform contains service listings by third parties. Hubmaier has no control over and does not guarantee the existence, quality, safety or legality of services listed on its platform; the truth or accuracy of users’ content, listings, ratings or feedback; the ability of Service Providers to provide the advertised services; the ability of Service Clients to pay for services; or that a Service Client or Service Provider will actually complete a transaction. Each individual Service Provider is solely responsible for the content of the material they post, and Hubmaier accepts no responsibility for the content of material, including, without limitation, any error, omission or inaccuracy therein.
To the maximum extent permitted by law, we (together with our officers, directors, employees, representatives, affiliates, Service Users and third parties) do not accept any liability for (a) any inaccuracies or omissions in the content displayed on or via the Hubmaier.com platform; or (b) any act of God, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use Hubmaier Technologies or Hubmaier Services.
Likewise, we accept no liability whatsoever for any loss or damage of any kind, whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your transaction with a third party via the Hubmaier.com platform. You should make your own inquiries about third parties, and do your own due diligence on them before entering into any transaction or contract with any other Service User via the Hubmaier platform.
Nothing in this Agreement shall limit or exclude (a) our liability in respect of death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation; (b) any other liability that cannot be excluded by law; or (c) your statutory rights.
Subject to this Agreement, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by Hubmaier, and each of our officers, directors, employees and agents, arising out of, or in any way connected with, your use of Hubmaier Technologies and Hubmaier Services in breach of this Agreement.
Hubmaier may at its absolute discretion immediately terminate any agreement with you under this Agreement at any time upon notice to you and/or, if you have an account, by cancelling your access to your account, or by blocking your access to any or all Hubmaier Technologies and Hubmaier Services. Hubmaier may suspend your access to or use of Hubmaier Technologies and Hubmaier Services without notice at any time, without incurring any liability to you whatsoever.
You acknowledge that your unauthorised use of Hubmaier Technologies and/or Hubmaier Services may result in irreparable damage and injury to Hubmaier and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, we and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to seek an immediate injunction against you prohibiting any further use of Hubmaier Technologies and/or Hubmaier Services.
The invalidity or unenforceability of any provision (in whole or part) of this Agreement shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from this Agreement.
This Agreement is personal to you. You shall not be entitled to assign this Agreement in whole or in part to any third party without our prior written consent.
This Agreement represents the entire agreement between us and you and supersedes and replaces all and any previous terms, conditions, agreements and arrangements in respect of your use of Hubmaier Technologies and Hubmaier Services.
We will act promptly to any indications of User Content that is in breach of these Terms. Where you know of or suspect any illegal activities, or know of or suspect that works belonging to you have been infringed, please write to this effect to our registered address.
Any failure by us to enforce any provisions of this Agreement shall not be considered to be a waiver of the provisions or the right to subsequently enforce these or any other provisions of the Agreement.
A person who is not a party to this Agreement shall have no right to enforce any provision of this Agreement.
If you would like to contact us, please write to hub (at) hubmaier.com, or, by post, to our registered address.