Website Terms and Conditions
This agreement is between you, the User of this Web Site and Hiitgirl Ltd, the owner and provider of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
1. Definitions and Interpretation
In these Terms and Conditions the following terms shall have the following meanings:
Account means collectively the personal information, Payment Information and credentials used by Users to access Material and/or any communications System on the Web Site;
Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
hiitgirl.com means www.hiitgirl.com the website of Hiitgirl Ltd Registered in England and Wales. No: 08323166. Registered Office: 3 Broadbent Close, London N6 5JW;
Service means collectively any online facilities, tools, services or information that hiitgirl.com makes available through the Web Site either now or in the future;
System means any online communications infrastructure that hiitgirl.com makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
User/Users means any third party that accesses the Web Site and is not employed by hiitgirl.com and acting in the course of their employment;
Web Site means the website that you are currently using (www.hiitgirl.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1. Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Hiitgirl Ltd, or our affiliates. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2. Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in Clauses 3 of these Terms and Conditions apply.
3. Use of Content
You may print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Web Site for personal or educational purposes only unless otherwise indicated on the Web Site or unless given express written permission to do so by Hiitgirl Ltd.
Specifically you agree that:
3.1. you will not systematically copy Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Hiitgirl Ltd;
3.2. you may, as a student of a recognised Learning Establishment, use the Content of the Web Site for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment; and
3.3. employees of Learning Establishments may use the Content of the Website for teaching purposes.
4. Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 3 of these Terms and Conditions to use Content from the Web Site. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
5. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Hiitgirl Ltd or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.hiitgirl.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Hiitgirl Ltd. To find out more please contact us by email.
7. Use of Communications Facilities
7.1. When using the Web Site and/or any other related System you should do so in accordance with the following rules:
7.1.1. you must not use obscene or vulgar language;
7.1.2. you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3. no Content that is intended to promote or incite violence;
7.1.4. it is advised that posts on message boards, chat facilities or similar and communications with Hiitgirl Ltd are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
7.1.5. you must not post links to other web sites containing any of the above types of Content;
7.1.7. you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
7.1.8. you must not impersonate other people, particularly employees and representatives of Hiitgirl Ltd or our affiliates; and
7.1.9. you must not use our System for unauthorised mass-communication such as "spam" or "junk mail";
7.2. You acknowledge that Hiitgirl Ltd reserves the right to monitor any and all communications made to us or using our System.
8.1. In order to access Content on this Web Site you are required to create an Account, which will contain certain personal details, which may vary based upon the type of Account that you choose. By continuing to use this Web Site you represent and warrant that:
8.1.1. all information you submit is accurate and truthful; and
8.1.2. you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
8.2. Sharing of accounts is not permitted unless expressly authorised by Hiitgirl Ltd. You are required to keep your Account details confidential and must not reveal your Username and Password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
8.3. When choosing your Username you are required to adhere to the terms set out above in Clause 7. Any failure to do so could result in the suspension and/ or deletion of your Account.
Either Hiitgirl Ltd or you may terminate your account. If Hiitgirl Ltd terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
11.1. Hiitgirl Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
11.2. Whilst every reasonable endeavour has been made to ensure that all information provided on this Web Site will be accurate and up to date, Hiitgirl Ltd makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our Services.
11.3. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
11.4. Commercial use of the information on this Web Site is permitted, however Hiitgirl Ltd makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
11.5. Whilst every effort has been made to ensure that all descriptions of services available from Hiitgirl Ltd correspond to the actual services available, Hiitgirl Ltd is not responsible for any variations from these descriptions.
12. Availability of the Web Site
The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Hiitgirl Ltd accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
13. Limitation of Liability
13.1. Hiitgirl Ltd's liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of our breach of these Terms and Conditions shall be limited to the value of a User's current subscription. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein, to the maximum extent permitted by law, Hiitgirl Ltd accepts no liability. Users should be aware that they use the Web Site and its Content at their own risk.
13.2. Nothing in these Terms and Conditions excludes or restricts Hiitgirl Ltd's liability for death or personal injury resulting from any negligence or fraud on the part of Hiitgirl Ltd.
13.3.Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
14. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
15. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Registered Address or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
17. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Hiitgirl Ltd shall be governed by and construed in accordance with the Law of England and Wales and Hiitgirl Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.