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Terms of use
Last updated [12.03.2023]
AGREEMENT TO OUR LEGAL TERMS
These Terms and Conditions apply to the provision of the services by MXH CAPITAL LTD («Company,» "we," "us," «our»), a company registered in England and Wales with the registration number 14037284 and registered address at 86-90 Paul Street, London EC2A 4NE. We are a company providing business consulting, advertising, marketing and other non-regulated business related Services to both companies and individuals.
We operate , as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by giving us a call at +44 7576 747244 or by email to info@thehuman-rights.com.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and us, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these legal terms, then you are expressly prohibited from using the services and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates.
You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
These Legal Terms shall pertain to all of Services, be it a one-off Service or a reoccurring Service, or a Service covered by one of our packages. The full list of our services and further information is available at: https://thehuman-rights.com/services
Disclaimer: Our Services do not include any legal, financial, tax or other regulated advisory services. For the purposes of provision of aforementioned services by third partners, we may be considered an intermediary party.
TABLE OF CONTENTS
Our Services
1. The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. We warrant that we will use reasonable skill, knowledge and care in our performance of the Services which will comply with the specified quotation or agreement presented to you prior to any acceptance and provision of said service. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
3. Time may, however, generally it shall not be, of the essence in the performance of our obligations; although, we will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation
Our intellectual property
4. We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
5. The Content and Marks are provided in or through the Services for your personal, non-commercial use or internal business purpose only. You may not extract and/or re-utilise parts of the content of any Service without our express written consent.
Your Use of our Services
6. Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use or internal business purpose.
7. Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
8. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to us. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
9. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
10. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
User Obligations
11. You must obtain and provide us with access to any and all relevant information, materials, properties and any other matters which we may require to provide the Services.
12. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with Customer requirements as might be specified in the quotation/agreement, e.g. provision of details, permissions, licences, etc.
User Representations
13. By using the Services, you represent and warrant that:
Fees & Payment
15. The fees (Fees) for the Services are set out in the quotation presented to you prior to your acceptance and commencement of the provision of services. Additional fees might be recovered from you if these are reasonable incidental expenses, or the cost of services provided by third parties and required by us for the performance of the Services, and the cost of any materials required for the provision of the Services.
16. All additional services shall be paid in accordance with additional quotations and in accordance with these Legal Terms.
17. The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
18. All fees shall be paid upfront, unless agreed otherwise by the parties. If you do not confirm your acceptance of the quotation by completing the payment in full, we can either withhold provision of the Services until the fee is received or can terminate the provision of services under the Termination clause.
19. All fees paid by you shall be deemed non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made). Both you and us may agree to a partial refund, subject to circumstances of a specific case. If no such agreement is reached, then the entirety of the fee shall be non-refundable.
20. You shall pay the Fees due within 1 business day of the date of our invoice or otherwise in accordance with any credit terms agreed between us. If the payment is not made within the allowed time period, we shall have a right to amend, withdraw or cancel the quotation (for one-off services) or withhold the provision of Services under Clause 18 (for reoccurring monthly services).
21. Time for payment shall be of the essence of the Contract.
22. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we shall be able to charge you interest at the rate of 10 % per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
23. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
24. All payments must be made in the currency specified in the quotation/invoice or as may be otherwise agreed by you and us.
25. For our monthly services, we shall have a right to increase the fees for our services from time to time at any point of our provision of services to you. If you are an existent customer, you will be notified about the price increase 10 business days prior to the increase coming into effect.
Cancellation & Amendment of the Service
26. Either we or you can cancel an order for any reason prior to your acceptance of the quotation and only prior the payment of the invoice for the Service.
27. If you wish to amend any specifications of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to implement any required changes and additional costs, as may be incurred, will be accounted for in a separate invoice and sent to you as part of an Additional Service.
28. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to minimise the changes and their practical implications.
Personal Data
29. You agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).
30. By submitting requests, enquiries, details or any other information regarding the Services, you agree that we may use this information as might be necessary for the purposes of the provision of Services as per your order.
31. We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Term & Termination
32. These Legal Terms shall remain in full force and effect while you use the Services.
33. We may terminate the provision of the Services if you commit a material breach of your obligations under these Terms and Conditions or fail to make pay any amount due under the Contract on the due date for payment, or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor.
34. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account with us, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive process.
Service Modification & Interruption
35. We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
36. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.
37. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
38. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
Sub-Contracting and Assignment
39. We can assign, transfer, charge, subcontract or deal in any other way anytime with all or any of your rights according to these Legal Terms. We can also delegate or subcontract or delegate any or all of our obligations to any third party. You hereby agree that we may use third parties services for the purposes of the provision of Services to you.
40. You should not assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions without our prior written consent.
Responsibility and Indemnity
41. Our liability under these Legal Terms, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
42. The Company will not be liable for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
43. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services.
44. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
a. any indirect, special or consequential loss, damage, costs, or expenses or;
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
45. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
46. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
47. The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Circumstances beyond a party’s control
48. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
Communications
49. When you use any of our Services or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, or by posting e-mail messages or communications on the website or any other relevant communication methods. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
No waiver
50. No delay, act or omission by a party interfering any right or remedy will be deemed a remission of that, other right or remedy nor stop further exercise of any other right, or remedy. If you breach these Terms & Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms & Conditions.
Severance
51. If either of the Terms and Conditions is found to be illegal, invalid or otherwise unenforceable, that / those provision(s) will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Variation
52. We reserve the right to make changes to any Services, policies, terms and conditions including these Terms & Conditions, and Service Terms at any time. You will be subject to the terms and conditions and policies in force at the time that you use the Services. If any of these terms and conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Miscellaneous Terms
53. These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.
54. These Legal Terms operate to the fullest extent permissible by law.
55. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
Law and jurisdiction
56. These Terms and Conditions framed and laid out as per the English law. All conflicts disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.
CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: info@thehuman-rights.com.
AGREEMENT TO OUR LEGAL TERMS
These Terms and Conditions apply to the provision of the services by MXH CAPITAL LTD («Company,» "we," "us," «our»), a company registered in England and Wales with the registration number 14037284 and registered address at 86-90 Paul Street, London EC2A 4NE. We are a company providing business consulting, advertising, marketing and other non-regulated business related Services to both companies and individuals.
We operate , as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by giving us a call at +44 7576 747244 or by email to info@thehuman-rights.com.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and us, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these legal terms, then you are expressly prohibited from using the services and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates.
You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
These Legal Terms shall pertain to all of Services, be it a one-off Service or a reoccurring Service, or a Service covered by one of our packages. The full list of our services and further information is available at: https://thehuman-rights.com/services
Disclaimer: Our Services do not include any legal, financial, tax or other regulated advisory services. For the purposes of provision of aforementioned services by third partners, we may be considered an intermediary party.
TABLE OF CONTENTS
- OUR SERVICES
- INTELLECTUAL PROPERTY RIGHTS
- USER REPRESENTATIONS
- PROHIBITED ACTIVITIES
- USER GENERATED CONTRIBUTIONS
- CONTRIBUTION LICENSE
- SERVICES MANAGEMENT
- TERM AND TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- GOVERNING LAW
- DISPUTE RESOLUTION
- CORRECTIONS
- LIMITATIONS OF LIABILITY
- INDEMNIFICATION
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- MISCELLANEOUS
- CONTACT US
Our Services
1. The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. We warrant that we will use reasonable skill, knowledge and care in our performance of the Services which will comply with the specified quotation or agreement presented to you prior to any acceptance and provision of said service. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
3. Time may, however, generally it shall not be, of the essence in the performance of our obligations; although, we will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation
Our intellectual property
4. We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
5. The Content and Marks are provided in or through the Services for your personal, non-commercial use or internal business purpose only. You may not extract and/or re-utilise parts of the content of any Service without our express written consent.
Your Use of our Services
6. Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use or internal business purpose.
7. Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
8. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to us. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
9. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
10. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
User Obligations
11. You must obtain and provide us with access to any and all relevant information, materials, properties and any other matters which we may require to provide the Services.
12. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with Customer requirements as might be specified in the quotation/agreement, e.g. provision of details, permissions, licences, etc.
User Representations
13. By using the Services, you represent and warrant that:
- you have the legal capacity and you agree to comply with these Legal Terms;
- you are not a minor in the jurisdiction in which you reside;
- you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
- you will not use the Services for any illegal or unauthorised purpose; and
- your use of the Services will not violate any applicable law or regulation.
Fees & Payment
15. The fees (Fees) for the Services are set out in the quotation presented to you prior to your acceptance and commencement of the provision of services. Additional fees might be recovered from you if these are reasonable incidental expenses, or the cost of services provided by third parties and required by us for the performance of the Services, and the cost of any materials required for the provision of the Services.
16. All additional services shall be paid in accordance with additional quotations and in accordance with these Legal Terms.
17. The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
18. All fees shall be paid upfront, unless agreed otherwise by the parties. If you do not confirm your acceptance of the quotation by completing the payment in full, we can either withhold provision of the Services until the fee is received or can terminate the provision of services under the Termination clause.
19. All fees paid by you shall be deemed non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made). Both you and us may agree to a partial refund, subject to circumstances of a specific case. If no such agreement is reached, then the entirety of the fee shall be non-refundable.
20. You shall pay the Fees due within 1 business day of the date of our invoice or otherwise in accordance with any credit terms agreed between us. If the payment is not made within the allowed time period, we shall have a right to amend, withdraw or cancel the quotation (for one-off services) or withhold the provision of Services under Clause 18 (for reoccurring monthly services).
21. Time for payment shall be of the essence of the Contract.
22. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we shall be able to charge you interest at the rate of 10 % per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
23. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
24. All payments must be made in the currency specified in the quotation/invoice or as may be otherwise agreed by you and us.
25. For our monthly services, we shall have a right to increase the fees for our services from time to time at any point of our provision of services to you. If you are an existent customer, you will be notified about the price increase 10 business days prior to the increase coming into effect.
Cancellation & Amendment of the Service
26. Either we or you can cancel an order for any reason prior to your acceptance of the quotation and only prior the payment of the invoice for the Service.
27. If you wish to amend any specifications of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to implement any required changes and additional costs, as may be incurred, will be accounted for in a separate invoice and sent to you as part of an Additional Service.
28. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to minimise the changes and their practical implications.
Personal Data
29. You agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).
30. By submitting requests, enquiries, details or any other information regarding the Services, you agree that we may use this information as might be necessary for the purposes of the provision of Services as per your order.
31. We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Term & Termination
32. These Legal Terms shall remain in full force and effect while you use the Services.
33. We may terminate the provision of the Services if you commit a material breach of your obligations under these Terms and Conditions or fail to make pay any amount due under the Contract on the due date for payment, or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor.
34. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account with us, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive process.
Service Modification & Interruption
35. We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
36. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.
37. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
38. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
Sub-Contracting and Assignment
39. We can assign, transfer, charge, subcontract or deal in any other way anytime with all or any of your rights according to these Legal Terms. We can also delegate or subcontract or delegate any or all of our obligations to any third party. You hereby agree that we may use third parties services for the purposes of the provision of Services to you.
40. You should not assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions without our prior written consent.
Responsibility and Indemnity
41. Our liability under these Legal Terms, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
42. The Company will not be liable for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
43. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services.
44. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
a. any indirect, special or consequential loss, damage, costs, or expenses or;
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
45. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
46. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
47. The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Circumstances beyond a party’s control
48. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
Communications
49. When you use any of our Services or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, or by posting e-mail messages or communications on the website or any other relevant communication methods. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
No waiver
50. No delay, act or omission by a party interfering any right or remedy will be deemed a remission of that, other right or remedy nor stop further exercise of any other right, or remedy. If you breach these Terms & Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms & Conditions.
Severance
51. If either of the Terms and Conditions is found to be illegal, invalid or otherwise unenforceable, that / those provision(s) will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Variation
52. We reserve the right to make changes to any Services, policies, terms and conditions including these Terms & Conditions, and Service Terms at any time. You will be subject to the terms and conditions and policies in force at the time that you use the Services. If any of these terms and conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Miscellaneous Terms
53. These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.
54. These Legal Terms operate to the fullest extent permissible by law.
55. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
Law and jurisdiction
56. These Terms and Conditions framed and laid out as per the English law. All conflicts disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.
CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: info@thehuman-rights.com.