Terms

ABOUT

These terms and conditions (“the Terms”, “the Terms of Service”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’ or 'your'), and Himmense Limited (“we”, “us”, “our”), a company registered in England and Wales under company number 12588666 whose registered office is at Cardinal Point, Park Road, Rickmansworth, England, WD3 1RE, concerning your access to and use of http://www.himmense.com (the “Website”, “Site”) or our social media platforms such as Facebook, Instagram or other applications, as the case may be (the “App”) and more generally, when you visit or make a purchase from the site, app or use any of our services (the “Services”, which include the Website and App) and your relationship with Himmense Limited.

Please read the Terms carefully as they affect your rights and liabilities under law. You agree that by accessing the Site, App and/or Services, you have read, understood, and agree to be bound by all of these Terms.

If you do not agree with all of these Terms, then you are prohibited from using the Site, App and Services and you must discontinue use immediately. You should understand that by ordering any of our goods or services, you agree to be bound by these Terms. We recommend that you print a copy of these Terms for future reference.

If you have any queries regarding these Terms then please contact us.

OVERVIEW

This Website and our App is operated by Himmense Limited. Throughout the site, the terms “we”, “us” and “our” refer to Himmense Limited. Himmense Limited offers this website and App, including all information, tools and services available from this site and our app to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site or app and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site and app, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using our website or app. By accessing or using any part of the site or app, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website, app or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website or app following the posting of any changes constitutes acceptance of those changes.

We may update or change the Site or App from time to time to reflect changes to our products, our users’ needs and/or our business priorities.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without permission from a parent or legal guardian.

Additional policies which also apply to your use of the Site and/or App include:

Our Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
Our Delivery & Returns Policy, which sets out your rights before you make an order of any of our goods or services.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By using the Website or App you agree to be bound by these Terms and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. By using this Website or our App, you warrant that:

you are legally capable of entering into binding contracts;
you are not a minor in the jurisdiction in which you reside and are at least 18 years of age, or if a minor you have received parental permission to use the Site or Services;
the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person, entity nor third-party. You will maintain the accuracy of such information and notify us immediately of any changes to the personal information by e-mailing us at hello@himmense.com;
you will keep your password confidential and will be responsible for all use of your password and account. If you know or suspect that anyone other than you knows your user information (such as your user name) and/or password you must promptly notify us at hello@himmense.com.

If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such a user name is inappropriate.

You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site or Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site or Services.

A person who is not party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

All prices shown on the Website are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. Prices for our products are subject to change without notice (save that any changes will not affect orders in respect of which we have sent you a Shipping Confirmation).

If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.

Payment can be made by any major credit, debit card or PayPal account. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you.

In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 7, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered, we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods (but they have not yet been dispatched), then you will receive a full refund.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website or app. These products or services may have limited quantities and are subject to return or exchange only according to our Delivery & Returns Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

Our products are manufactured in the UK. Manufacturing is carried out in BRC accredited facilities. BRC means the manufacturers and suppliers adhere to good manufacturing practices and the BRC's aim is to protect consumers and to increase the quality and safety of consumer goods through consistent quality and risk management.

Himmense Limited’s products & services are not intended to diagnose, treat, cure or prevent any disease. Individual results will vary.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ORDERS

All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.

Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgement of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or Paypal account or (ii) dispatch the goods to you or commence the services, whichever is the later, at which time we shall send you an e-mail confirming that the contract has been concluded ('Shipping Confirmation'). The contract will relate only to those goods or services whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other goods or services which may have been part of your order until the dispatch of such goods or services has been confirmed in a separate Shipping Confirmation.

Due to the size of the parcel, customers should not anticipate that the parcel will fit through the letterbox. You will be able to track your delivery via our automated customer emails.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website or App.

The products sold on the Website or App are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.

You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.

We are unable to cancel orders after 6am on the day scheduled for dispatch. This is because once our fulfilment centre has processed your order we are unable to retrieve it. As a reminder, we send out an email 3 days before each subscription renewal is due.

As Himmense Limited products are an ingestible supplement we cannot accept returns due to quality control, and health & safety. We take great care in producing our supplements and cannot re-stock food products once they have left our control.

We are, of course, able to accept returns if we have processed your order in error - or if we have failed to action your request (provided it was before 6am on your upcoming order date).

Cancellations on orders must be cancelled by 6am the day order is due to be raised in order to be removed from the shipment area.

If you have received a subscription cancellation confirmation email after an order has been processed, this order will still be dispatched and cannot be returned.

SECTION 7 - SUBSCRIPTION INFORMATION INCLUDING CANCELLATION

All orders are subject to acceptance by Himmense Limited. Himmense Limited is not obliged to accept your order and may, in its discretion, decline to accept any order. Where Himmense Limited accepts your order, it will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched.

As Royal Mail and delivery couriers do not operate on certain public holidays (such as Christmas Day) we may adjust your upcoming order dates in order to ensure your order is not delayed. We will give notice via email of any adjustments to upcoming order date changes.

By purchasing a subscription, you acknowledge that your subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation.

Initially your subscription will renew 2 days earlier than the normal schedule (12 days) in order to avoid any interruptions in supply due to postage/courier delays.

You can cancel your subscription at any time from within your account on our website. Alternatively, you can cancel by emailing us at hello@himmense.com. Your subscription will terminate on the day that you cancel providing you cancel by 6am UK time. Please note that cancellation requests submitted after 6am UK time will not be effective until the following day.

Every effort will be made to cancel your subscription on the day you cancel your subscription but if it is after 6am your order may have already been processed and left our fulfilment centre.

We automatically send out email reminders 3 days before each upcoming order is processed and payment is taken.

The above cancellation rights do not affect your right to cancel under the statutory cooling-off period.

Prices include VAT and delivery costs (where applicable) will be added when you view the items in your shopping basket.

Your order will be fulfilled by the delivery date set out in the confirmation email or, if no delivery date is specified, then within a reasonable time of the date of the order. You recognise, though, that occasionally because of problems sourcing stock from our suppliers or for other reasons beyond our control it is possible that orders may be delivered more than 30 days after the order.

We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Membership is void where prohibited by law.

All subscriptions are non-binding and can be cancelled anytime.

If you wish to cancel a contract pursuant to this clause, then please see our Delivery & Returns Policy for further details of how.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 9 - INTELLECTUAL PROPERTY

The content of the Website and Services including source code, databases, functionality, software, website design, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trademark laws, and you acknowledge that the material and content supplied as part of the Website and App shall remain with us or our licensors.

You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, aggregate, republish, upload, post, display, encode, translate, transmit, sell, license, distribute or use for any commercial purposes whatsoever any of the materials or content on the Website or App, without our express prior written permission.

You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptations, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.

The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.

SECTION 10 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

SECTION 11 - THIRD-PARTY LINKS

Certain content, products and services available via our Site and/or Services may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of, or reliance on, any such advertising, content, products, purchase or use of goods, services, resources, content, materials or any other transactions made in connection with any third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example competition entries) or without a request from us you send a review, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to, without restriction, use, reproduce, edit, copy, publish, distribute, translate, create derivative works from and otherwise use in any medium any comments that you forward to us, and display such content throughout the world in any media. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You grant Himmense Limited and its sub-licensees the right to use the name that you submit in connection with such content if they choose.

You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.

You agree to perform all further acts necessary to perfect any of the above rights granted by you to Himmense Limited, including the execution of deeds and documents, at the request of Himmense Limited.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Himmense Limited:

The content and material is accurate
Use of the content and material you supply does not breach any applicable Himmense Limited guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You agree to indemnify Himmense Limited for all claims brought by a third party against Himmense Limited arising out of or in connection with a breach of any of these warranties. We take no responsibility and assume no liability for any comments posted by you or any third-party.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

SECTION 13 - ALL COMPETITIONS

We reserve the right to amend these Terms without notice from time to time.

These rules will be deemed incorporated into each competition except to the extent that any specific instruction in a competition provides otherwise.

By entering the competition entrants will be deemed to have read and understood these Terms and be bound by them. All of our decisions will be final and binding and no correspondence will be entered into.

Any person who is an employee or an immediate family member of an employee of Himmense Limited or any other person who is directly connected with the organisation of any particular competition, is ineligible to participate.

Competitions are only open to residents of the UK (excluding Northern Ireland).

All entrants are to be aged 18 or over unless any other age restriction is specified. Entrants should if under 18, obtain permission in advance from their parent or legal guardian.

All entries must be received by the closing date specified in the competition. Answers will be entered upon submission. No responsibility will be taken for any answers that are misdirected, lost for technical or other reasons or received after the closing date.

We reserve the absolute right to disqualify without notice any entries to any competition which we consider have used improper technical means to enter and/or we believe is fraudulent.

Entrants are liable for their costs to access computer networks.

We will not be liable for or accept any responsibility for (i) any failure by the winner or any entrant to comply with these terms and conditions; (ii) any disruption, delay or misdirection of entries; or (iii) any server, system or network failures, malfunctioning or inaccessibility.

We shall be the promoter of all competitions subject to these terms and conditions unless stated otherwise.

Prizes

If for any reason an advertised prize is unavailable, we reserve the right at our absolute discretion to substitute a similar prize of equivalent or greater value.

Only one prize will be awarded per household.

There will be no cash or other alternatives to the prize offered and prizes are not transferable.

Notification

The winner's name will be selected in a random draw, after the closing date, from all correct answers received.

The winner of a prize will be notified within 28 days after the winner has been ascertained.

Please allow 28 days for delivery of all prizes.

If the winner of the competition is unable to take up a prize for any reason or if the winner cannot be notified after reasonable efforts having been made then we may dispose of the prize as we think fit without any liability to the winner for having done so.

For each competition, only one prize will be awarded per entrant/email address/household. Names of winners will be available on request.

The names of the winners may be published on our Website and/or on our Facebook, Instagram, Twitter or any other social media platform.

SECTION 14 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Notice. We will process information about you in accordance with our Privacy Notice and by using our Website or App, you consent to such processing and you warrant that all data provided by you is accurate.

When you shop on this Website or via our App, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office.

SECTION 15 - PROTECTING YOUR SECURITY

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases.

We take the risk of internet fraud very seriously and make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.

By accepting these Terms you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 17 - PROHIBITED USES

The Website and App may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and App and its use.

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site and app or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, Trojans, worms, logic bombs or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, app, other websites, or the Internet; (h) to attempt to gain unauthorised access to our site or app, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack; (i) to collect or track the personal information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of the Service or any related website, App, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of- service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or App, or to your downloading of any material posted on it, or on any website linked to it.

SECTION 18 - SITE MANAGEMENT

We reserve the right at our sole discretion, to (1) monitor the Site and App for breaches of these Terms; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site and App in a manner designed to protect our rights and property and to facilitate the proper functioning of our Site and Services.

We do not guarantee that the Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.

We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.

SECTION 19 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content; (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms if such a delay or failure is caused by an event beyond our reasonable control.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

In no case shall Himmense Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SUPPLY OF GOODS

a) Subject to clause 19(b), if we fail to comply with these Terms, we shall only be liable to you for losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

b) Nothing in these Terms excludes or limits our liability for:

death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
defective products under the Consumer Protection Act 1987; or
any deliberate breaches of these Terms that would entitle you to terminate the Contract; or
any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

USE OF WEBSITE OR APP

The Website and App is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website or App and any information provided by you. You must bear the risk associated with the use of the Internet.

Whilst we will try to ensure that material included on the Website and App is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website or App we will attempt to correct this as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

incompatibility of the Website or App with any of your equipment, software or telecommunications links;
technical problems including errors or interruptions of the Website or App;
unsuitability, unreliability or inaccuracy of the Website or App; and
failure of the Website or App to meet your requirements.

To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to your use of the Website.

SECTION 20 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Himmense Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 21 - SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 22 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

Without limiting any other provision of these Terms, we reserve the right to, at our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms or of any applicable law or regulation.

If we determine, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, or any applicable law or regulation, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof), your use or participation in the Site, or delete your profile and any content or information that you posted at any time, without warning, at our sole discretion.

If we terminate or suspend your account for any reason in these Terms, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or in the name of any third party, even if you may be acting on behalf of a third party. In addition to terminating or suspending your account we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

SECTION 23 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 24 - GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.

SECTION 25 - CHANGES TO TERMS

You can review the most current version of the Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. If you do not wish to accept the new Terms you should not continue to use the Website. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

We reserve the right to modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents; and we reserve the right to disable any user identification code or password we have provided to you, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

We may assign any or all of our rights and obligations to others at any time.

SECTION 26 - COMPLAINTS

We’re always looking to do better. So, if you have a complaint, we’re all ears. Email us at hello@himmense.com.

SECTION 27 - DISCLAIMER