Terms and Conditions

 

Terms and Conditions

1. HROA acceptance of terms of use and amendments.

each time you use or cause access to the SharedXpertise network of web sites, you agree to be bound by these terms of use, and as amended from time to time with or without notice to you. in addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these terms of use. please see our privacy policy, which is incorporated into these terms of use by reference.

2. HROA our service.

the SharedXpertise network of web sites and services provided to you on and through our web site on an "as is" basis. you agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. we shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

3. HROA your responsibilities and registration obligations.

in order to use this web site, you must register on our site, agree to provide truthful information when requested, and be at least the age of thirteen (13) or older. when registering, you explicitly agree to our terms of use and as may be modified by us from time to time and available here.

4. HROA privacy policy.

registration data and other personally identifiable information that we may collect is subject to the terms of our privacy policy.

5. HROA registration and password.

you are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. you agree to immediately notify us of any unauthorized use or your registration, user account or password.

6. HROA your conduct.

you agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), publicly or privately provided, shall be the sole responsibility of the person providing the content or the person whose user account is used. you agree that the SharedXpertise network of web sites may expose you to content that may be objectionable or offensive. we shall not be responsible to you in any way for the content that appears on the SharedXpertise network of web sites nor for any error or omission. you explicitly agree, in using this web site or any service provided, that you shall not:

(a) provide any content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libellous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;

(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(c) collect or harvest any data about other users;

(d) provide or use this web site and any content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;

(e) provide any content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

7. HROA submission of content on the SharedXpertise network of web sites.

by providing any content to the SharedXpertise network of web sites:

(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. such license will apply with respect to any form, media, technology known or later developed;

(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this section 7;

(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any content you provide at any time and for any reason, with or without notice.

8. HROA third party services.

goods and services of third parties may be advertised and/or made available on or through the SharedXpertise network of web sites. representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. we shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

9. HROA indemnification.

you agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with the SharedXpertise network of web sites or service, your provision of content, your violation of this terms of use or any other violation of the rights of another person or party.

10. HROA disclaimer of warranties.

you understand and agree that your use of this web site and any services or content provided (the "service") is made available and provided to you at your own risk. it is provided to you "as is" and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.we make no warranty, implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. you understand and agree that neither us nor any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind. some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

11. HROA limitation of liability.

you expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of

(i) the use of or the inability to use the service,

(ii) the cost to obtain substitute goods and/or services resulting from any transaction entered into on through the service,

(iii) unauthorized access to or alteration of your data transmissions,

(iv) statements or conduct of any third party on the service, or

(v) any other matter relating to the service.in some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

12. HROA reservation of rights.

we reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in the SharedXpertise network of web sites, its content, and the goods and services that may be provided. the use of our rights and property requires our prior written consent. we are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

13. HROA notification of copyright infringement.

if you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address:info@hroa.org

14. HROA applicable law.

you agree that this terms of use and any dispute arising out of your use of the SharedXpertise network of web sites or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. by registering or using the SharedXpertise network of web sites and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of the SharedXpertise network of web sites is located.

15. HROA miscellaneous information.

(i) in the event that this terms of use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this terms of use will remain valid and intact;

(ii) the failure of either party to assert any right under this terms of use shall not be considered a waiver of any that party's right and that right will remain in full force and effect;

(iii) you agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;

(iv) we may assign our rights and obligations under this terms of use and we shall be relieved of any further obligation.

 

HROA Specific Terms and conditions for the supply of services through a website-business to consumer

1 The contract between us

We must receive payment of the whole of the price for the services that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.

2 Our right to refuse your order

2.1 We reserve the right to refuse to accept your order for any reason including, without limitation and whether or not payment has been received by us, if:

2.1.1 we have insufficient spaces or stock to deliver the goods you have ordered;

2.1.2 we do not deliver to your area; or

2.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

2.2 If we do refuse your order we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

3 Price

3.1 The prices payable for services that you order are as set out in our website.

3.2 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.

4 Right for you to cancel your contract

4.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the day after the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

4.2 For specific events, the specific cancellation and refund terms of that event will apply – so please verify the terms and conditions of each event.

4.2.1 To cancel your contract you must notify us in writing.

4.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

4.4 Once you have notified us that you are canceling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.

4.5 If you cancel the contract but do not return the goods to us in the condition they were in when delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

5 Delivery of goods to you

5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.

5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.

5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

6 Liability

6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, then (except where you are dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977) we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.

6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, then (except where you are dealing as a consumer) we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition then at your option we will either:

6.2.1 make good any shortage or non-delivery;

6.2.2 replace or repair any goods that are damaged or defective; or

6.2.3 refund to you the amount paid by you for the goods in question in whatever way we choose. and (except where you are dealing as a consumer) we shall have no further liability to you.

6.3 Save as precluded by law and except where you are dealing as a consumer, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2.3 above.

6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

7 Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at (insert postal address) and all notices from us to you will be displayed on our website from to time.

8 Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

9 Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected to the extent that they are capable of continuing in force without the unenforceable term or condition.

10 Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

11 Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

12 Governing law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

13 Entire agreement

These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us and except where you are dealing as a consumer:

13.1 Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us; and,

13.2 Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

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