Our Terms and Conditions

Introduction

Please take a few moments to read these Terms of Use carefully in regard to the use of our application. By using this application, you will be bound by these Terms of Use and Privacy Policy. If you do not agree to these Terms of Use and/ the Privacy Policy, you must not use our application.  Use of the Service is expressly conditional upon your assent to all the Terms of Use of this agreement, to the exclusion of all other terms.

We strongly recommend that you read these Terms of Use carefully before you start to use our Application, as these will apply to your use of our Application and constitute a legal agreement between you and us. If you are under the age of 18, make sure that your parent or legal guardian reads these Terms of Use on your behalf as their consent is necessary in order for you to use our Application.

Your Use of our Application

These Terms of Use govern your use of this application and you must not use this application for anything that is unlawful or is prohibited by these Terms of Use and/or any notices elsewhere in the application. You further agree that in relation to this application you will not in any way conduct yourself in a manner which is unlawful, or which gives rise to civil or criminal liability. You will cooperate fully to investigate any suspected unlawful, fraudulent or improper activity.

You must not sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-licence, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on, or otherwise transfer or deal in copies or reproductions of the Application or any part or interest in it to or with other parties in any way. If you feel that the behaviour of another user breaches these Terms of Use, then please let us know by sending an email with details of the potential breach and/or the user responsible. We will take reasonable steps to deal with any breach.

Your data

When you use our Application, we may collect personal or non-personal information from you. Please make sure you read and understand our Privacy Policy which describes the data we collect and what we do with it.

Termination

These Terms of Use are effective until terminated. You may terminate these Terms of Use at any time and for any reason by requesting cancellation of your account. We may terminate these Terms of Use if you fail to abide by any of these Terms of Use or we reasonably suspect that you have failed to abide by any of these Terms of Use. We may also and in our sole discretion take reasonable action against users who do not comply with the Terms of Use. Following termination, you will no longer be permitted to use any of the Application, and you will be required to delete the Application from your device.

Modifications

For as long as we continue to offer this application, we shall provide and seek to update, improve and expand this application. Therefore, we reserve the right to change this application or these Terms of Use from time to time.

We may need to withdraw, modify, discontinue or suspend one or more aspects of this application where we have a good reason to do so (including technical difficulties). However, we will try, wherever possible, to give reasonable notice of our intention to do so.

Online Service

Please note that the Application rely on internet connectivity and the availability of our Service for much of their functionality. You are responsible for ensuring that you have an internet connection and that the device you use has sufficient system requirements and memory in order to play and store this application. You must not attempt to gain unauthorised access to the computers, devices, servers, or networks connected to the Service by any means other than the user interface in our Application.

Intellectual Property Rights and Licence

The Application comprise copyrighted works of Hapcha and/or its licensors. The Application is licensed, not sold. Your licence confers no title or ownership in the Application. The Application are solely for use by end users according to the terms of these Terms of Use. Any use, reproduction or redistribution of this application not in accordance with the terms of these Terms of Use is expressly prohibited.

This application contains a variety of content including, without limitation: information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, and other material and services that users can view on, access through; trademarks, logos, trade names, service marks, and trade identities of Hapcha; other forms of intellectual property (all of the foregoing, collectively “Content”).

Limitation of our liability

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the Law of England and Wales. To the fullest extent permitted by law, aside from these Terms of Use and our Privacy Policy, we exclude all conditions, warranties, representations or other terms which may apply to this application, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: Use of, or inability to use, this application; Use of, or reliance on, any content displayed in this application. In particular, we will not be liable for: loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; any indirect or consequential loss or damage. You agree not to use this application for any commercial or business purposes unless agreed in writing. Although we have no reason to believe that any information contained in this application is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information except where warranties are made non-excludable by applicable legislation.

Disclaimer

The information provided in the Hapcha application is not intended or implied to be a substitute for nutritional advice, professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained in or available through the Hapcha application is for general information purposes only. Hapcha makes no representation and assumes no responsibility for the accuracy of information contained in or available through the Hapcha application, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through the Hapcha application with other sources and review all information regarding any medical condition or treatment with your General Practitioner. Please do not disregard professional medical advice or delay seeking medical treatment because of something you have read in the Hapcha application.

Hapcha does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any recommendation or other information that may be contained in or is available through the Hapcha application. Hapcha is not responsible nor liable for any advice, recommendation or any other information that you obtain through the Hapcha application.

Viruses

We do not guarantee that this application will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Sites. You should use your own virus protection software. You must not misuse this application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Service, the server on which this application is stored, or any server, computer or database connected to this application. You must not attack our Service via a denial-of-service attack or a distributed denial-of service attack. 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 this application will cease immediately.

No Waiver

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights in relation to you, or if we delay in doing so, that will not mean that we have waived our rights in relation to you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Severance

If any provision of these Terms of Use is found by a court or administrative body of competent jurisdiction to be invalid or unenforceable such invalidity shall not affect the other provisions of these Terms of Use which shall remain in full force and effect.

Indemnification

You agree to defend, indemnify and hold us harmless from all liabilities, claims, losses, costs and expenses, including legal or solicitor’s fees that arise from your use of, or activities in connection with this application, or those of any child authorised by you; any violation of these Terms of Use by you or any child authorised by you; any allegation that any content that you or any child authorised by you make available via this application infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

Consumer Rights

These Terms of Use shall not limit any rights you might have as a consumer that may not be excluded by law.

Applicable law and Jurisdiction

These Terms of Use, their subject matter and formation, are governed by the laws of England and Wales. These Terms of Use set out the entire agreement and understanding with respect to the subject matter of this application and supersedes all representations, communications and prior agreements (written or oral). Each party acknowledges that on entering into these Terms of Use, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to these Terms of Use or not) except those expressly set out in these Terms of Use. Unless expressly provided in the Terms of Use, no term of them is enforceable by any person who is not a party to it.

 

Any comments or queries should be directed to us using the following contact details.

Hapcha

160 Kemp House, City Road, London, EC1V 2NX, United Kingdom

Company Number 13206264

team@hapcha.com