TERMS OF USE

 

1. INFORMATION ABOUT US

Huggg is a platform operated by Huggg Limited (we, us, our).  We are a company registered in England and Wales with company number 09579886 and have our registered office at Desklodge, 1 Temple Way, Bristol, England, BS2 0BY.

 

2. TERMS OF PLATFORM USE

This page (together with the documents referred to on it) sets out the Terms of Use on which users of the Platform (you, your) may make use of our website, mobile application and in-message app functionality (together and separately, the Platform) in order to purchase unique retail codes (Codes) provided by us on behalf of our retail partners, which are redeemable in exchange for items (Hugggs) from one of our partners' retail outlets.  Please read these Terms of Use carefully before you start to use the Platform.  By using the Platform, you indicate that you accept these Terms of Use, which include the privacy policy that applies to the Platform (the Privacy Policy) and that you agree to abide by them.  If you do not agree to these Terms of Use, please refrain from using the Platform.

 

3. INTELLECTUAL PROPERTY RIGHTS

  1. We are the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it.  Those works are protected by copyright laws and treaties.  All such rights are reserved to us and our licensors.  As a visitor to the Platform, you may download a single copy of the material for your own non-commercial, private viewing purposes only.  No copying or distribution for any commercial or business use is permitted without our prior written consent.

  2. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.  

  3. Our status (and that of any identified contributors) as the authors of material on the Platform must always be acknowledged.

  4. If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  5. Huggg is a trade mark belonging to or controlled by us and which may be registered in certain jurisdictions. All other trade marks used on the Platform are the property of their respective owners.

  6. You retain ownership of any content you post in a Message (as defined in clause 4.5).

 

4. ACCEPTABLE USE

  1. You may use the Platform only for lawful purposes. You may not:

    1. use the Platform:

      1. in any way that breaches any applicable local, national or international law or regulation;

      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

      3. for the purpose of harming or attempting to harm minors in any way;

      4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content policy below;

      5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

      6. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

    2. access without authority, interfere with, damage or disrupt:

      1. any part of the Platform;

      2. any equipment or network on which the Platform is stored;

      3. any software used in the provision of the Platform; or

      4. any equipment or network or software owned or used by any third party,

(acceptable use policy).

  1. The Platform offers opportunities for you to transmit messages in connection with various features including text messages and iMessages (Message Features).

  2. The Platform includes 'report and block' functionality,  however, we are under no further obligation to oversee, monitor or moderate any Message Features we provide on the Platform, and we expressly exclude our liability for any loss or damage arising from the use of any Message Features by a user in contravention of our content policy, whether the service is moderated or not.

  3. The use of any of our Message Features by a minor is subject to the consent of their parent or guardian.  We advise parents who permit their children to use our Message Features that it is important that they communicate with their children about their safety online.  Minors who are using any Message Feature should be made aware of the potential risks to them.

  4. You must use Message Features in a responsible manner, and are solely responsible for any content you transmit.  You must not transmit any message (Message) in connection with any Message Feature that:

    1. imposes an unreasonable or disproportionately large load on the Platform’s infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Platform;

    2. is threatening, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;

    3. promotes violence;

    4. promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

    5. constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law;

    6. violates, plagiarises or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;

    7. breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

    8. contains any information, software or other material of a commercial nature;

    9. contains advertising, promotions or commercial solicitations of any kind;

    10. will be likely to harass, upset, embarrass, alarm or annoy any other person;

    11. constitutes or contains false or misleading indications of origin or statements of fact;

    12. is used to impersonate any person, or to misrepresent your identity or affiliation with any person (including giving the impression that such Message emanates from us);

    13. contains material irrelevant to the subject matter of the Message Feature; or

    14. contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful programming routine,

(content policy).

    1. We will determine, in our discretion, whether there has been a breach of our acceptable use policy or content policy through your use of the Platform.  Failure to comply with the acceptable use policy and/or the content policy constitutes a material breach of these Terms of Use, and may result in our taking all or any of the following actions:

      1. immediate, temporary or permanent withdrawal of your right to use the Platform;

      2. immediate, temporary or permanent removal of any posting or material uploaded by you to the Platform;

      3. issue of a warning to you;

      4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

      5. further legal action against you; and

      6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

    2. We exclude liability for actions taken in response to breaches of the acceptable use policy and the content policy. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

 

5. PLACING ORDERS

  1. Follow the instructions on the Platform to make an order to purchase a Huggg.

  2. You will be asked to provide certain information to allow us to process your order (including your selected payment method and card details).

  3. You will receive an order confirmation on screen  acknowledging that we have received your order (an Order Confirmation).  Your order represents an offer to us to purchase a Huggg.

  4. We may reject your order for any reason prior to our acceptance of it.  If we reject your order after payment has already been taken, we will immediately provide you with a refund.

  5. In agreeing to these Terms you expressly request that we provide you or your chosen recipient with Codes which they can redeem in exchange for Hugggs within the statutory fourteen-day cancellation period.  You also acknowledge that in making such a request you have waived your right to cancel the contract for your purchase of a Code.

  6. We are not able to cancel the supply of, refund payment for or otherwise replace exchange or modify a purchase of a Code once we have accepted your order.

  7. Once your order has been accepted your chosen recipient will receive a text message or in-app message from us containing instructions as to how to redeem the Huggg.

 

6. PRICES AND PAYMENT

You authorise us and our third party payment provider (Stripe, or such other payment provider as we may choose to engage from time to time) to take payments and/or charge your payment card for the relevant amounts by continuous payment authority.  If your payment details change, your card provider may provide us with updated card details.  We may use these new details for your future orders in order to help prevent any interruption to the service. If you would prefer to opt out from this service, please contact us.

  1. Upon registering in accordance with clause 7, or placing orders for Hugggs, a transaction may be sent to your bank to authorise or re-authorise it and prevent fraud.  This transaction will either be for a zero value, or for a £1 payment which will be taken and then immediately voided.  It is possible that your bank may temporarily register a £0 or £1 charge on your account balance.  You agree not to hold us responsible for banking charges incurred due to payments on your account.

  2. If you make a purchase by using a payment card that belongs to another person, you warrant that their permission has been sought and received prior to making such purchase.

 

7. REGISTERED USERS

  1. In order to access certain features of the Platform, including tobe able to place orders for Hugggs, you will be asked to register by providing certain personal information such as, for example, your name and email address (our Privacy Policy explains how such information may be collected and used including our policy on cookies).  You will also be asked to select a user name (User Name) for identification purposes.  You must not use any User Name that violates any term of our content policy, or any other of these Terms of Use.  The decision to register a User Name and password is at our discretion and we may revoke your User Name and password at any time.

  2. You are responsible for maintaining the confidentiality of your password and your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of the Platform by you or any person or entity using your password, whether or not such access or use has been authorised by you.

  3. You must immediately notify us of any unauthorised use of your password or account or any other breach of security.

  4. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your password contrary to these Terms of Use.  You may not use another person's account at any time without the express permission of the account holder.

  5. By posting any content via any Message Features, you are granting to us a perpetual, royalty-free, non-exclusive, and irrevocable right and license to store, reproduce, prepare derivative works based upon, distribute, make available, perform or display such content, in whole or in part, in any form, media or technology known or hereafter developed.  However, we are not obliged to make available or otherwise exploit any such content.  We are not responsible for any loss, theft, rights infringement or damage of any kind to or associated with any such content and you take sole responsibility for any such content that you provide to us.

 

8. CHILDREN AND YOUNG PEOPLE

Our Platform is primarily aimed at users who are over the age of 18.  There are however no barriers to those under 18 accessing the Platform or registering as users.  Users under 18 should only use the Platform with the permission of a parent or guardian.  The parents or guardians of anyone under 18 using the Platform should review these Terms of Use carefully.  You take full responsibility for choosing Hugggs which are appropriate for the recipients of such Hugggs.  We take no responsibility or liability for the inability of recipients of age-restricted Hugggs to redeem them.

 

9. INFORMATION AND AVAILIBILITY

While we take every care to ensure that the information on the Platform is accurate and complete, some of it is supplied to us by third parties and we are unable to check its accuracy or completeness.  You are advised to verify the accuracy of any information before relying on it.  Further, due to the inherent nature of the internet, errors interruptions and delays may occur in the service at any time.  Accordingly, the Platform is provided "as is" without any warranties of any kind and we do not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.

 

10. LINKS FROM OUR PLATFORM

Where the Platform contains links to other sites and resources provided by third parties we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

11. COMPETITIONS AND VOTES

From time to time, we (or selected third parties) may include votes, competitions, promotions or other offers on the Platform. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.

 

12. MOBILE TERMS OF USE

When accessing the Platform via mobile, standard network charges apply.  You may incur additional charges from your network operator according to your contract.

 

13. VARIATION

We may revise these Terms of Use at any time by amending this page.  You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.  Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Platform.

 

14. INDEMNITY

You agree to indemnify us and our affiliates and our respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:

  1. any misrepresentation, act or omission made by you in connection with your use of the Platform;

  2. any non-compliance by you with these Terms of Use; and

  3. claims brought by third parties arising from or related to your access or use of the Platform including without limitation the Message Features or other information made available by you to the Platform.

 

15. LIABILITY

In respect of all aspects of the Platform (subject to the other provisions of this clause 15), we and our officers, directors, employees, shareholders or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Platform in any way or the Message Features or in connection with the use, inability to use or the results of use of the Platform, any websites linked to the Platform or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Platform or your downloading of any material from the Platform or any websites linked to the Platform.

  1. If you choose to post your location, your intended location or any other such personal information via the Message Features or by any other method on the Platform you accept that this is entirely at your own risk and we are not responsible for any loss or harm which occurs as a result of your sharing any information about your location or intended location.

  2. This clause does not in any way limit our liability:

    1. for death or personal injury caused by our negligence;

    2. for fraud or fraudulent misrepresentation; or

    3. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

  3. Liability in respect of individual Hugggs purchased through the Platform rests with the applicable partner, and such liability will be set out in the partner's terms and conditions.

 

16. JURISDICTION AND APPLICABLE LAW

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.  The courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Platform.

 

17. CONTACT US

If you have any concerns about material which appears on the Platform, please contact us by email at hey@huggg.me.