Terms and Conditions of Acceptance of Advertisements
HowzaHelpa Limited (the Operator) owns and operates the Site (defined below). The Operator agrees to allow you to advertise on the Site subject to the terms and conditions set out below.
1. General Terms
1.1 These terms:
1.1.1What these terms cover. These are the terms and conditions on which we supply services to you.
1.1.2 Why you should read them. Please read these terms carefully before you submit your Advertisement. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.2 Information about us and how to contact us:
1.2.1 Who we are. We are Howzahelpa Limited a company registered in England and Wales. Our company registration number is 103720 and our registered office is at 5 Harewood Way, Whirlow, Sheffield, S11 9QR.
1.2.2 How to contact us. You can contact us by emailing us at firstname.lastname@example.org
1.2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us when you registered with the website.
1.2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
1.3 Our contract with you:
1.3.1 Our services. We agree to facilitate a classified website whereby you register for the service to enable you to upload your Advertisement for a fee. This is the full extent of the Operators involvement.
1.3.2 Your advert number. We will assign an advert number to your Advertisement and this will appear on the published advert.
1.4 Our rights to make changes:
1.4.1 Minor changes to the service. We may change the service:
188.8.131.52 to reflect changes in relevant laws and regulatory requirements; and
184.108.40.206 to implement minor technical adjustments and improvements, for example to address a security threat.
1.5 Providing the services:
1.5.1 When we will provide the service:
220.127.116.11 We will begin the services upon receipt of payment for the advert package.
18.104.22.168 We will supply the services to you until the expiry of your chosen advert package.
1.6 We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract.
1.7 Reasons we may suspend the supply of services to you. We may have to suspend the supply of a service to:
1.7.1 deal with technical problems or make minor technical changes;
1.7.2 update the service to reflect changes in relevant laws and regulatory requirements;
1.7.3 make changes to the service as notified by us to you;
1.7.4 to investigate any alleged breach of:
22.214.171.124 Acceptable use policy;
126.96.36.199 Terms of website use;
188.8.131.52 Website linking permission;
184.108.40.206 This agreement.
1.8 Your rights to end the contract:
1.8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
220.127.116.11 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back), see clause 1.15; the service you have bought is the facilitation of an advert. We are not responsible for any of the content of the adverts.
18.104.22.168 If you want to end the contract because of something we have done or have told you we are going to do, see clause 2.9;
22.214.171.124 If you have just changed your mind about the service, see clause 1.10. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
126.96.36.199 In all other cases (if we are not at fault and there is no right to change your mind), see clause 2.18 or clause 2.19.
1.9 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
a. we have told you about an upcoming change to the service or these terms which you do not agree to ;
b. we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed;
c. there is a risk that supply of the services may be significantly delayed because of events outside our control;
d. we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one week; or
e. you have a legal right to end the contract because of something we have done wrong.
1.10 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought off-premises you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
1.11 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running;
1.12 How to end the contract with us (including if you have changed your mind):
188.8.131.52 Tell us you want to end the contract. To end the contract with us, please let us know by doing the following:
184.108.40.206.1 Email. Email us at email@example.com. Please provide your name, home address, details of the advert and, where available, your phone number and email address.
1.13 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind and clause 1.11 does not apply, your refund will be made within 14 days of your telling us you have changed your mind.
1.14 Our rights to end the contract
1.14.1 We may end the contract if you break it. We may end the contract for a service at any time by writing to you if you are in breach of:
220.127.116.11 Acceptable use policy;
18.104.22.168 Terms of website use;
22.214.171.124 Website linking permission;
126.96.36.199 This agreement.
1.15 If there is a problem with the service
188.8.131.52 How to tell us about problems. If you have any questions or complaints about the service, please contact us at firstname.lastname@example.org.
184.108.40.206 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the service. Nothing in these terms will affect your legal rights.
|Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
if you haven’t agreed a time upfront, it must be carried out within a reasonable time.
1.16 Price and payment:
220.127.116.11 Where to find the price for the product. The price of the product will be the price indicated on the website for each advert package.
18.104.22.168 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices. However where an advert is placed and the price is wrong at the time of purchase, we agree to honour the price as advertised when placing your advert.
22.214.171.124 When you must pay and how you must pay. You pay for the advert package in advance via Paypal.
1.17 Our responsibility for loss or damage suffered by you:
1.17.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
1.17.2 We 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
1.17.3 We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
1.18 How we may use your personal information:
1.18.1 How we will use your personal information. We will use the personal information you provide to us:
126.96.36.199 to supply the services to you;
188.8.131.52 to process your payment for the services; and
184.108.40.206 If you agreed to this during the order process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.
1.18.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
2. Other important terms
2.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. 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 14 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.
2.2 Nobody 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.
2.3 If 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.
2.4 Even 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 are in breach of any of the terms in clause 2.14.1 and we do not take action straight away, it does not mean that you do not have to comply with the terms.
2.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
3.1 Advertisements are accepted for publication at the discretion of the operator. Note: When an advertisement is received online, an acknowledgement will be sent automatically to the email address provided by the advertiser. The sending of this acknowledgement does not constitute an acceptance of the advertisement or an undertaking to publish the advertisement on the website.
3.2 The right of the operator to edit an advertisement, in particular to abridge when necessary, is reserved,
3.3 Advertisements must be accompanied by the correct payment.
3.4 Once an advertisement has been submitted for publication, no change to the text can be accepted.
3.5 Voucher copies or cuttings cannot be supplied.
3.6 Advertisements posted on the Operator’s website are presented “as is” without warranty of any kind, either express or implied advertisement. The Operator accepts no responsibility for the content of any advertisement published on the website. You should note that the inclusion of any advertisement in no way implies approval or recommendation of either the terms of any offer contained in it or of the advertiser by the Operator. The Operator does not make any warranties or representations as to the contents of the adverts or the accuracy or completeness of the advertisement. Use of the website is at your sole risk. The website may contain advice, opinions and statements of various information which the users have provided. The Operator does not endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any user of this website or other personal entity. Reliance upon any such opinion, advice, statement or other information shall be at your own risk.
4. Advertisement Display
4.1 The Operator agrees to publish the Advertisement on the Site for the period set out in the chosen advert package. If you desire to remove the Advertisement from the Website prior to the end of this period, you must request the Operator in writing.
4.2 You shall pay the Operator for publication of the Advertisement on the site, the sum specified for the advert package.
4.3 You shall be solely responsible for uploading the Advertisement in the format required for display. You acknowledge that the Operator will not be responsible or liable for the content of any portion of the Advertisement.
4.4 You shall be fully responsible and liable for the content contained in the Advertisement. The Operator is not responsible for, and in no way warrants, guarantees, or ratifies, the representations made or implied in the content. The Operator is not liable for any vetting which users may, or may not, wish to undertake.
4.5 The operator is not liable for errors or misprints within any advertisement.
5. Operators Rights
5.1 The Operator reserves the right to:
5.1.1 Vary the content, lay out and format of its site.
5.1.2 Change the ULR of its website from time to time on giving you 11 days prior notice.
5.1.3 Change the position of the advertisement.
5.1.4 Freely place other similar advertisements.
5.1.5 Any decision as to acceptance or not of any advertisement shall be in the discretion of the operator.
6.1 You warrant to the Operator that the Content:
6.1.1 does not infringe any third party’s Intellectual Property Rights, other proprietary rights or rights of privacy;
6.1.2 does not violate any law, statute, ordinance or regulation (including the laws and regulations governing export control);
6.1.3 are not defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
6.1.4 are not obscene or pornographic or liable to incite racial hatred or acts of terrorism and do not contain child pornography;
6.1.5 does not violate any laws regarding unfair competition, anti-discrimination or false advertising;
6.1.6 does not, to the best of your knowledge, contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
6.1.7 complies with all national and international self-regulatory advertising codes of practice including, without limitation the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority
6.1.8 Does not contravene the provisions of the Trade Descriptions Act 1968..
6.2 You further warrant to comply at all times during the currency of this agreement with the Operators privacy and acceptable use policies which can be located at [ ].
7. Intellectual property rights
7.1 The Operator retains all Intellectual Property Rights in the Site, and nothing in this agreement shall be taken to grant any rights to you in respect of such Intellectual Property Rights.
7.2 Title to and ownership of all Intellectual Property Rights embodied by or otherwise incorporated into the Content shall remain with you. Except as expressly provided in this agreement, nothing shall be construed to grant to the Operator any right, title or interest in or to the Content.
7.3 Any and all Visitor Data (such as name, address and e-mail address) that is collected through any user registration process or otherwise shall be owned by the Operator.
7.4 You shall indemnify the Operator against all costs, claims, damages, losses and expenses arising as a result of any claim or action that the Content infringe any Intellectual Property Rights belonging to a third party.
8. Acceptance of terms
8.1 The placing of an order for the insertion of an advertisement shall amount to an acceptance of the above conditions.
8.2 The operator reserves the right to omit or suspend an advertisement at any time if the identity of the advertiser is not disclosed to the operator or is not disclosed in the advertisement where such disclosure is required by law.
The definitions and rules of interpretation in this clause apply in this agreement.
- “Advertisement”; your advertisement for finding an individual or family to live with (Howza) or finding a person to live with you (Helpa) upon the terms that you reach outside of this agreement.
- “Content”; all text, information, data, software, executable code, images, audio or video material in whatever medium or form provided by the Howza/Helpa to the Operator for incorporation in the Site.
- “Intellectual Property Rights”; patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world, and Intellectual Property Rights include, without limitation, any Marks.
- “Service or Services”; the agreement by the operator to allow you to advertise on the site.
- “Site”; the website at howzahelpa.co.uk
- “Visitor”; a visitor to the Site.
- “Visitor Data”; all information provided by Visitors when visiting the Site.