As a condition of your use of HayHub (including hayhub.com and its related websites, services, applications and tools) you agree that you will not:
HayHub and the HayHub community work together to keep the HayHub websites, services, applications and tools working properly and the community safe. Please report problems, offensive content and policy breaches to us.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off HayHub if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the HayHub employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off HayHub or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on HayHub or use of HayHub by users.
Sometimes we charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you pay. Our fees are quoted first in US Dollars, and other currencies where available, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the HayHub website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
HayHub contains content from us, you, and other users. HayHub is protected by copyright laws and international treaties. Content displayed on or via HayHub is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from HayHub without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in HayHub. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of HayHub (other than your own content).
The use of content aggregators, scrapers, spiders, web crawlers or any other tool for automated data collection is strictly prohibited without prior written authorisation.
When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now know or to be discovered in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by HayHub.
Reporting an infringement:
In order to participate in the Notice of Infringement Programme, contact us at firstname.lastname@example.org. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable HayHub to identify the advertisement to be removed.
Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
We do not review users' postings and are not involved in the actual transactions between users. As most of the content on HayHub comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use HayHub, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 10 Pounds Sterling.
If you have a dispute with one or more HayHub users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
If a dispute arises between you and HayHub, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
These terms and the other policies posted on HayHub constitute the entire agreement between HayHub and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If we fail to exercise or delay in exercising any right or remedy provided under these terms and conditions or by law, that will not constitute a waiver of our rights or remedy nor shall it prevent us from exercising that right or remedy in whole or in part in the future.
Unless specifically provided otherwise, rights arising under these terms and conditions are cumulative and do not exclude rights provided by law.
These terms and conditions and the documents referred to in it are between and for the benefit of you and us (and our successors and assignees) and are not intended to benefit or be enforceable by anyone else.
If any provision of these terms and conditions (or part of a paragraph or provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provisions would be valid, enforceable or legal if some part of them or it were deleted, the provision shall apply with whatever modification is necessary to give effect to the original intention of these terms and conditions.
References to any statute or statutory provision in these terms and conditions shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
In these terms and conditions, references to one gender include the other genders, and to the singular include the plural and vice versa.
These terms and conditions shall be governed by and construed in accordance with Scots law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Scottish courts
Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to hayhub.com c/o 193/2 Bruntsfield Place, Edinburgh, EH10 4DQ. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.
We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the HayHub website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.
You can visit our Website without registering for an account. When you decide to provide us with your personal information, you agree that such information is sent to and stored on our servers. We collect the following types of personal information:
Information we collect automatically: When you visit our Website, use our Services and or reply to ads or other content, we automatically collect the information sent to us by your computer, mobile device or other equipment that provides access. This information includes, but is not limited to:
Information you provide to us: We collect and store any information you enter on our Website or that you provide to us when you use our Services. This information includes, but is not limited to: information that you provide to us when you register for an account or for the Services that you use including for example, your name, address, email address, telephone number or financial information; additional information that you may provide to us through social media sites or third party Services; information provided in the context of dispute resolution, correspondence through our Website or correspondence that is sent to us; and information about your location and the location of your device, including your device's unique identifier information if you have enabled this service on your mobile device. Information from other sources: We may receive or collect additional information about you from third parties and add this to our account information. This information includes, but is not limited to: demographic data, navigation data, additional contact data and additional data about you from other sources, such as public authorities, to the extent permitted by law.
You agree that we may use your personal information (see above) for the following purposes:
Sharing information with and registration on social media sites: We may offer sign-on Services that enable you to access the Website or related websites with your login credentials. We can also offer Services that enable you to share information with third party social media websites, such as Facebook, Google Plus and Twitter.
Without limitation to the foregoing, we shall moreover - in our efforts to respect your privacy and to keep the website free of malicious persons or parties - not disclose your personal information to third parties without a court order or formal request from the government in accordance with applicable law, unless we believe in good faith that such disclosure (i) is necessary for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), for the purpose of obtaining legal advice or is necessary for the purposes of establishing, exercising or defending legal rights, (ii) is necessary for the prevention or detection of crime, the capture or prosecution of offenders, or the assessment or collection of tax or duty, (iii) is requested by a body that performs public regulatory functions, or (iv) is otherwise authorized under the Data Protection Act 1998.
Information you share on www.hayhub.com:Our Website allows users to share listings and other information with other users, thereby making this shared information accessible to other users. Since our Website also enables you to directly contact a buyer or seller, we recommend that you consider how you share your personal information with others. You are solely responsible for the personal information you share through our Website and therefore we cannot guarantee the privacy or security of the information shared by you with other users.
In case you visit our Website from a shared computer or a computer in an internet café, we strongly recommend that you log off after each session. If you do not want the shared computer to remember you and/or your credentials, you will need to remove cookies and/or the history of your website visits.
You agree that we may use the information collected by us to send you offers, whether personalised or not, or to contact you by telephone regarding products or Services offered by HayHub.
We will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our Services and functionalities.
When you no longer wish to receive marketing communications from us, you can, where applicable, change your preferences in your HayHub account, or follow the unsubscribe link in the marketing communication you received.
We cannot modify your personal information or account information. You can modify your own information by logging into your HayHub account. When you place a listing, you may not be able to change your listing or delete your message. If you want to close your account (where applicable) with us, please send us a request. We will process your request within a reasonable period of time and process your personal information in accordance with applicable law. We may charge a fee to compensate costs; however the fee shall not exceed the amount permitted by law. If your information is factually incorrect or incomplete or irrelevant for the purposes for which we process your information, you can request us to modify or delete your information. Such requests will be handled in accordance with the Data Protection Act 1998.
If you have any questions, please contact us :
or by writing to:
We protect your information by using technical and administrative security measures (such as firewalls, data encryption, and physical and administrative access controls to the data and servers) that limit the risk of loss, abuse, unauthorised access, disclosure, and alteration. Nevertheless, if you believe your account has been abused, please contact us.
We retain personal information no longer than is legally permissible and delete personal information when it is no longer necessary for the purposes as described above.
Abuse and unsolicited commercial communications ("spam"): We do not tolerate abuse of our Website. You do not have permission to add other HayHub users to your mailing list (e-mail or postal) for commercial purposes, even if a user has purchased something from you, unless the user has given his explicit consent. If you notice that someone is abusing our Website (spam or spoof emails), please notify us.
Contact: If you have any questions about HayHub and our Website please contact us by by email: email@example.com.