1. Introduction
1.1. This page tells you the terms and conditions on which:
1.1.1. You may access or use our website www.humraz.com (our site) and any associated sites owned by us, whether as a guest or a registered user. Please read these Terms & Conditions carefully before you start to use our sites.
1.1.2. You may participate in auctions on our website www.humraz.com (our site). Please read these Terms & Conditions carefully before participating in any auction. You should understand that registering interest and/or by (pre)booking a seat for any auction, you agree to be bound by these Terms & Conditions.
1.2. Any information provided on this website and via advertisements on how to enter the auction, about the lot and any information given with the Lot will also form part of these Terms & Conditions.
1.3. In the case of conflict between these Terms & Conditions and any specific rules and Terms & Conditions set out for an auction, the auction specific rules and Terms & Conditions shall prevail.
1.4. By using our sites, you indicate that you accept these Terms & Conditions and that you agree to abide by them. If you do not agree to these Terms & Conditions, please refrain from using our sites.
1.5. These Terms & Conditions apply to all users of, and visitors to, our sites.
2. Definitions
2.1.
Auction: the auction model offered by us consists of an online interactive lowest unique bid auction. No bidder knows the true identity of other bidders or the amount of other bid values during the auction and at auction close the bidder who has submitted the lowest unique bid has the opportunity to purchase the Lot for that bid price.
2.2. Auction close: when bids will no longer be accepted for the Lot.
2.3. Auction console: an area of the Humraz site that consists of the Bidding console and Spectators gallery.
2.4. Auction life: the various phases during the life of an auction: Preview; Pre-book; Booking; Locked; Live; Closed; Paused and Cancelled.
2.5. Available bids: the number of bids available to a collective group of bidders in a single auction.
2.6. Bid: the offer to purchase a specified Lot at a stipulated price.
2.7. Bid status: the bids current state, unique, not unique, lowest, not the lowest.
2.8. Bid status icon: the bid's status shown as a symbol.
2.9. Bids available to queue: the number of bids available to a Bidder for submission during the ‘Booking’ phase.
2.10. Bid queue: the number of Bids a Bidder has submitted in a scheduled auction (i.e. Booking phase).
2.11. Bidder: a User who participates in an auction by submitting bids in accordance with these Terms & Conditions.
2.12. Bidder Id: the unique id assigned to User when they register on the site.
2.13. Bidding console: an area where a Bidder can submit bids and monitor any changes in bid status within an Auction console.
2.14. Book/Booking: an Auction with a scheduled start date/time.
2.15. Cancelled: a Lot that has been removed and the auction fails to progress to a Live auction.
2.16. Charity auctions: an auction that allows an organisation to promote itself by sponsoring an auction that supports a charity.
2.17. Current status: an area within an Auction console where a Bidder can view live information on the status of their submitted bids.
2.18. Lead bidders: an area within an Auction console where Spectators and Bidders can view the top x number of Bidders who either hold the Lowest unique bid or are close to that position.
2.19. Live: an Auction that has started and submitted Bids are processed.
2.20. Locked: an Auction where no more seats are available for purchase and queued bids are processed. The auction is also due to start soon i.e. become Live.
2.21. Lot: the opportunity to buy the stipulated item at the successful bid value.
2.22. Lowest unique bid: the lowest bid for a lot that is greater than zero and unmatched by other bids.
2.23. Maximum bid value: the highest value that can be accepted as a valid offer in an Auction.
2.24. Maximum bids: the stipulated maximum number of bids that are available to a Bidder in an auction.
2.25. Pre-book: a user can book a seat in advance of an auction being scheduled and also receive a discount on the full booking price.
2.26. Preview: where the Lot is advertised on our Site in order to elicit whether there is enough interest in the Lot in order to continue onto the next stage of the auction process.
2.27. Progress Bar depicts the gradual completion of an auction by showing bids placed and bids reduced against the total bids available.
2.28. Practice auctions: a free auction where users bid against each other for a seat priced at the successful bid value.
2.29. Private auctions: an auction run as a special event/promotion by an organisation to an exclusive group of users.
2.30. Public auctions: an auction available to registered users to bid and purchase the lot for the successful bid value.
2.31. Queued bids: the number of bids a bidder has submitted during the pre-book phase of an auction.
2.32. Seat: access to an auction to bid online.
2.33. Service: the opportunity to use our Site and experience an auction, either as a bidder or spectator.
2.34. Simulated auctions: a ‘dummy‘ auction where users can bid against themself with the purpose of familiarising themselves with the auction console and bidding terminology.
2.35. Site: our website or WAP site.
2.36. Spectator: a user who can view the Spectators Gallery in the bidding console.
2.37. Spectator gallery: the Lot description panel and Lead Bidders panel in a bidding console available to view to spectators.
2.38. Status changes: the panel on a bidding console which lists the bid values that have recently had a change of status.
2.39. Successful bid: the lowest unique bid at the close of auction.
2.40. Successful bidder: the bidder/user account who has the successful bid.
2.41. Unique bid@ a bid for a lot that is unmatched by other bids.
2.42. Us/we: Humraz Limited.
2.43. User account: membership of our site which the user can use to e.g. buy seats, spectate, manage their personal information, receive updates etc.
2.44. User/you: any person accessing our sites, entering the auctions or using the services provided.
2.45. Value guide: an indication/approximation towards the worth of the lot.
3. General
3.1. These Terms & Conditions shall apply to:
3.1.1. Any legal or natural person ('the User') accessing this site, entering the auctions or using the services provided.
3.1.1.1. For the purposes of these terms and conditions ‘entering an auction’ includes but is not restricted to registering interest at preview; (pre)booking a seat; obtaining a promotion/private auction code or being a spectator.
3.1.2. All Humraz auctions and websites namely unless otherwise expressly stated.
3.2. By using this site and the associated services or entering a Humraz auction, the user: -
3.2.1. Deems to accept these Terms & Conditions as well as the Terms & Conditions of any relevant third party.
3.2.2. Warrants that all information submitted by you is true, current and complete.
3.2.3. Warrants that you are of sufficient age and mental capacity and are entitled to be legally bound in contract.
3.2.4. Will comply with all applicable laws, regulations and codes.
3.2.5. Will not impersonate another person or use a false name or email address.
3.3. If any of these Terms & Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
3.4. In the event of any dispute regarding the rules, Terms & Conditions, conduct, results and all other matters relating to an auction, the decision of the directors of Humraz Limited on all matters shall be final and no correspondence or discussion shall be entered into.
3.5. These Terms & Conditions are not intended to create any partnership, agency or joint venture.
3.6. We will take all reasonable care to ensure that all details and descriptions are correct at the time when the relevant information is entered into the system.
3.7. We reserve the right to withdraw items from our auctions and/or to substitute alternative items available in each Lot and/or amend any aspect of the details at any time.
3.8. We have the right to revise and amend these Terms & Conditions from time to time.
4. Auction Participants
4.1. A user must register with our site in order to participate in an auction, either as a bidder or a spectator. Bidder’s can participate by bidding and spectators enjoy one aspect of that experience by viewing the progress of that auction in the Spectator’s Gallery.
4.2. By registering with our site, you warrant that:
4.2.1. You are legally capable of entering into binding contracts;
4.2.2. You are at least 18 years old;
4.2.3. You are neither an officer, employee, contractor or agent of Humraz Limited, or GRTUK, nor the spouse, partner, child or relative of such person;
4.2.4. You will not use this site for any purpose that is unlawful under the laws of any country binding on the user, whether in respect of the nature of the items sought to purchase or otherwise, or prohibited by these Terms & Conditions;
4.2.5. You will keep safe and secure and confidential all passwords and credit and debit card data used on the site and will fully and effectively indemnify Humraz against all loss or damage caused by any misuse of such passwords or data;
4.2.6. You will not create more than one user account at any given time;
4.2.7. You will print out and retain, and make available to Humraz at all times, copies of all notices making or confirming any order transacted on this site.
4.3. Proof of eligibility must be provided on request.
4.4. Humraz will use the User’s IP and billing address to determine if a person is classed as being outside the EU. Users will be required to confirm their non-EU status for the purposes of VAT.
4.5. Any user who also owns the item in a Lot is prohibited from bidding in the auction of that Lot. Any users who are the spouse, partner, child, relative, friend, employer, employee or are in any way associated to the owner or the Lot are also prohibited from bidding in that auction.
4.5.1. In the event where We become aware of the user’s actions to such effect then we reserve the right to seek recovery of the Lot and apply the penalties as outlined under clause 4.6.
4.6. Humraz reserves the right in their reasonable discretion to disqualify/suspend/terminate any user account and/or declare as void any or all claims/bids of any user:
4.6.1. Whose conduct is contrary to the spirit of the rules, Terms & Conditions or intention of the auction; or is abusive, aggressive or obscene.
4.6.2. Who is the owner of a Lot; or is their spouse, partner, child, relative, friend, employer or employee; or is in any way associated to the owner or the Lot.
4.6.3. Resulting from the purchase of multiple seats in an auction.
4.6.4. Resulting from a user account that has been set up with incorrect, misleading or obscene details.
5. Auction Types
5.1. Charity
5.1.1. A user must register with our site in order to book a seat or spectate in a charity auction.
5.1.2. At auction close the successful bidder will have the opportunity to purchase the Lot for the value of the successful bid.
5.2. Simulation
5.2.1. Humraz will offer through simulation auctions the opportunity for the user to experience the bidding console.
5.2.2. Participation in a simulation auction:
5.2.2.1. Requires the user to register with our site;
5.2.2.2. is free of charge.
5.2.2.3. is not limited i.e. the user can run a simulation auction as many times as they wish (subject to our fair use policy).
5.2.3. The user is the only bidder in a simulation auction. The purpose of the simulation auction is for the user to familiarise themselves with the auction console and the bidding terminology used.
5.2.4. No lot is offered in a simulation auction and no item is available for purchase at the successful bid value.
5.3. Practice
5.3.1. A user must register with our site in order to book a seat or spectate in a practice auction.
5.3.2. There is no charge for a seat in a practice auction.
5.3.3. The user is restricted to booking only one seat.
5.3.4. Practice auctions will run at our discretion and the user will be notified by email when an auction is scheduled.
5.4. Private
5.4.1. A user must register with our site in order to book a seat in a private auction.
5.4.2. A user must have authorized access from Us in order obtain a seat or spectate in a private auction.
5.4.3. Only a user with a relevant private auction code stored against their account will be able to see the outcome of that auction on the auction results page.
5.4.4. Humraz will not indemnify any User for any loss caused by failure to provide a valid private auction code.
5.5. Public
5.5.1. A user must register with our site in order to register in order to register interest and/or (pre)book a seat in a public auction.
5.5.2. Payment will be accepted only in GBP pounds and pence.
5.2.3. Users may pre-book or book only one seat in a specific auction.
6. Auction Phases
6.1. The terms and conditions for the phases described below may apply to all auction types but for completeness follow the course for a public auction.
6.2. The life of our auctions may involve one or many phases.
6.3. Preview
6.3.1. A user may register interest in an auction at preview only once.
6.3.2. Registering interest at this stage:
6.3.2.1. May entitle the user to a future (preview) discount on the seat price;
6.3.2.2. Requires the user to (pre)book a seat for that auction in order to bid in that auction; and
6.3.2.3. Does not guarantee that a seat will be available.
6.3.3. The seat price information requested from the user is for information only and is not indicative of the final seat price.
6.3.4. Humraz will not indemnify any User for any loss caused by failure to (pre)book a seat in an auction.
6.3.5. Any preview discount that may apply is non-transferable and is only valid for the specific auction in which an interest was registered by the user.
6.4. Pre-book
6.4.1. A user must register with our site in order to pre-book a seat in an auction.
6.4.2. Payment will be accepted only in GBP pounds and pence.
6.4.3. Users may pre-book only one seat in a specific auction.
6.4.4. There is no guarantee that a user will be able to utilise the total number of bids allocated to a seat.
6.4.5. If a user has registered interest in an Auction at the Preview phase, the preview discount will be applied when they pre-book a seat.
6.4.6. If a user has a valid promotion code they must enter it when they pre-book a seat.
6.4.6.1. Humraz will not indemnify any User for any loss caused by failure to provide a promotion code.
6.4.7. Pre-booking a seat does not guarantee that an auction will take place.
6.4.8. For seats that are pre-booked, no payment will be taken until an auction is scheduled i.e. status changes to ‘Booking’.
6.4.9. A user may cancel a seat without incurring any charges while the auction is in the Pre-book phase.
6.4.10. It the user’s responsibility to ensure that any payment details provided are current and valid.
6.4.10.1. Humraz will not indemnify any user for any loss caused by failure to provide current and valid payment details.
6.5. Booking
6.5.1. A user must register with our site in order to book a seat in an auction.
6.5.2. Payment will be accepted only in GBP pounds and pence.
6.5.3. Users may book only one seat in a specific auction.
6.5.4. If a user has registered interest in an Auction at the Preview phase, the preview discount will be applied when they book a seat.
6.5.5. If a user has a valid and applicable promotion code they must enter it when they book a seat.
6.5.5.1. Humraz will not indemnify any User for any loss caused by failure to provide a promotion code.
6.5.6. No refund will be made for any charge incurred for ‘booked’ seats i.e. auctions that are scheduled.
6.5.7. A user may only queue bids while the auction is in the ‘booking’ phase.
6.5.8. It the user’s responsibility to ensure that any payment details provided are current and valid.
6.5.8.1. Humraz will not indemnify any user for any loss caused by failure to provide current and valid payment details.
6.6. Locked
6.6.1. No seats will be available to purchase once an auction is in the ‘locked’ phase.
6.6.2. No bids can be queued once an auction is in the ‘locked’ phase.
6.6.3. Bids that have been queued will be processed prior to the auction progressing to the ‘live’ phase.
6.7. Live
6.7.1. No seats will be available to purchase when an auction is ‘live’.
6.7.2. Bidders may submit bids up to the stated limit allocated to their seat.
6.7.3. The total number of bids available in an auction is subject to availability.
6.7.4. We reserve the right to reduce the overall number of bids available in an auction or those specific to individual bidders.
6.7.5. There is no guarantee that a bidder will be able to utilise the total number of bids allocated to a seat.
6.7.6. All bids must be submitted correctly following the instructions provided.
6.7.7. Individual bid values will not be made public during any auction. On auction close, only the bid value of the successful bid will be made public.
6.7.8. Automated/technology generated bids will be void.
6.7.9. Any bids made by agents, in bulk or from third parties will be void.
6.7.10. We reserve the right with reasonable discretion to declare as void any claims or bids:
6.7.10.1. Resulting from the purchase of multiple seats in an auction by an individual User.
6.7.10.2. Resulting from a user account that has been set up with incorrect, misleading or obscene details.
6.7.10.3. Resulting from printing, production and/or distribution errors, including but not limited to, any errors in any newspapers, this website, radio/TV advertising, text messages, WAP pages and/or printed materials.
6.7.10.4. Where there have been any errors in any aspect of the preparation for or conduct of the auction materially affecting the result of the auction or the number of bidders or the value of bids.
6.7.11. The current status icons in an auction console are for information only and do not in any way indicate how a bidder should place a bid.
6.7.12. If bids are not made in the manner specified, or the relevant seat price is not fully paid before an auction starts, then the bids will be invalid.
6.7.13. Participation for registered users in live auctions will be restricted to the Spectator Gallery in the Auction Console. Only Users who have purchased a seat will be able to participate by bidding.
6.7.14. We can make no guarantee of network access to the auction and are not responsible for network, telephone line or communication failures of any kind or for bids that are incomplete, incorrect, illegible, incomprehensible or not received. Such bids will be invalid.
6.7.15. Failure of a bid to be delivered in the manner specified will make the bid invalid.
6.7.16. In the event of any fault, mistake, misunderstanding or dispute concerning the operation of any part of the auction the decision of Humraz shall be final.
6.8. Paused
6.8.1. We have the right to temporarily stop a live auction due to:
6.8.1.1. Suspected or actual cheating or irregularity in bidding by bidder(s).
6.8.1.2. Any event that has the potential to cast doubt on the integrity of bidders or the bidding mechanism.
6.8.2. After the temporary pause in live activity:
6.8.2.1. Bidders will resume bidding from the point at which the auction was stopped; or
6.8.2.2. The auction will be replayed; or
6.8.2.3. The auction will be cancelled and the seat price paid will be refunded.
6.8.2.4. The action to be taken will be at the sole discretion of Humraz and the decision will be final.
6.9. Cancelled
6.9.1. Humraz has the right to cancel an auction.
6.9.2. Any monies taken as payment towards a seat will be refunded.
6.10. Closed
6.10.1. The auction will end when there are no longer any bids available for that auction or as stated on the auction page.
6.10.2. We may refuse to proceed with the sale, or seek its recovery, in the event of a bidder’s fraud, dishonesty or non-entitlement under these Terms & Conditions or as a result of improper actions by or on behalf of users, illegal or otherwise.
7. The Successful Bidder
7.1. The bidder with the user account that has the lowest unique bid at the close of auction will be the successful bidder.
7.2. We will offer the auction lot at the successful bid value to the successful bidder only.
7.3. If at auction close:
7.3.1. There are no unique bids then the lowest bid value greater than zero with only two bids will be selected. The successful bidder will be the user whose bid was first received by us.
7.3.2. There are no bid values with two bids then the lowest bid value greater than zero with only three bids will be selected. The successful bidder will be the user whose bid was first received by us.
7.3.3. This process will continue until a successful bidder is identified.
7.4. The successful bidder will be called using the email address supplied on their online registration details.
7.5. If the successful bidder cannot be contacted then We reserve the right to disqualify that person’s bid and identify and nominate a substitute successful bidder. This process will continue until a successful bidder is identified.
7.6. On completion of each auction, the successful bidder must confirm in writing within 24 hours of notification that they wish to proceed with the purchase of the lot.
7.7. If after notification, the successful bidder does not wish to proceed with the purchase or fails to confirm their intention to purchase (within 48 hours) then We will disqualify that persons bid and identify and nominate a substitute successful bidder.
7.8. In the event that the successful bidder does not, or is unable to, comply with and meet these Terms & Conditions, Humraz shall be entitled at its discretion to disqualify the successful bidder, without any further liability to the successful bidder.
7.9. Successful bidders must accept that his/her names will be published/announced on the website, on air or in print, and it is a condition of participation that the successful bidder co-operates fully for publicity purposes if so required.
8. Auction Lots
8.1. Property
8.1.1. For Property Auctions, the Lot will be the opportunity to buy the stipulated property at the successful bid value, subject to contract and upon Terms & Conditions that will be provided to the successful bidder after auction close.
8.1.2. Any value/rental guides provided for properties are indicative only and not legally binding.
8.1.3. Specification, description and lease/freehold details for each property will only be provided on the web page for each auction and do not constitute full particulars.
8.1.4. Humraz does not:
8.1.4.1. Independently verify the information, status or condition of the property; or
8.1.4.2. Advise on valuation or price.
8.1.5. We do not take any responsibility for the accuracy of the information contained on the Site and the documents provided. We recommend that all particulars are independently verified.
8.1.6. Legal fees, stamp duties and property purchase costs will not be included, unless otherwise specified.
8.1.7. The successful bidder will be responsible for payments for service/maintenance charges, ground rent and all other costs for the property following the transfer of the title.
8.1.8. Properties will not be provided furnished, notwithstanding any standard appliances and/or fittings already in place e.g. bathroom fittings; fitted kitchen; washing machine; dishwasher.
8.1.9. No guarantees are provided as to the working condition of any appliances, fittings, heating or electricity systems or utilities in the properties offered within the auction lots.
8.1.10 At auction close:
8.1.10.1. The successful bidder will have the opportunity to buy the property comprised in the lot, at the successful bid value, subject to contract and upon Terms & Conditions that will be provided to the successful bidder after auction close.
8.1.10.2. Where the home owner has withdrawn a property from the site and the auction is in the ‘Booking’ phase, then at the discretion of Humraz Directors, Humraz may proceed with the auction to the ‘Live’ phase and offer to pay the Successful Bidder a cash alternative.
8.1.10.2.1. The Successful Bidder will receive the cash payment as an alternative to purchasing the Lot on our site at the successful bid value.
8.1.10.2.2. Humraz will offer a cash payment equal to or less than the Value Guide of the Lot (as stated on the Humraz website).
8.1.10.2.3. The cash alternative can only be used as payment towards the purchase of a property of the Successful bidder’s choice. This property must be equal to or less than in value to the Value Guide of the Lot (as stated on the Humraz website).
8.1.10.2.4. The monies constituting the cash alternative will be held by Humraz until it is needed to complete the purchase of a property.
8.1.10.2.5. Payment will only be made to a legal representative of the Successful Bidder at the time of purchase of the property.
8.1.10.2.6. The cash payment will be made by either cheque, bankers draft or bank transfers in GBP (UK Sterling).
8.1.10.3. We are not estate agents and will not enter into any negotiations of any kind between the successful bidder and home owner.
8.1.10.4. We recommend that professional legal advice be taken when proceeding with a property purchase.
8.1.10.5. Unless otherwise agreed payment for the purchase of the property will be to Humraz Limited by cheque, bankers draft or bank transfers in GBP (UK Sterling).
8.1.11. The successful bidder:
8.1.11.1. is not bound to purchase the property and may withdraw from the purchase process at any time prior to exchange of contracts for the property purchase.
8.1.11.2. will be given the property address or plot number and/or provided reasonable access to the property/site. This will be provided only after written confirmation to proceed is received from the successful bidder.
8.1.11.3. will be responsible for any and all travel, accommodation, subsistence and visa arrangements, costs and requirements.
8.1.11.4. Must comply with and assist the process and timescales (legal or otherwise) to enable the transfer of ownership. If the property transfer of ownership is not completed within 6 weeks of notification then the property will be withdrawn from sale.
8.1.11.5. Will have sole responsibility of all taxes with respect to the purchase of the property or cash payment if a cash sum is awarded instead.
8.1.11.6. Is not eligible to participate in any property auctions held by Humraz in the same country more than once. If they should participate and succeed in any property auctions for that country then their claim will be void and they will not be eligible to purchase the property offered.
8.2. Gold
8.2.1 For gold auctions, the Lot will be the opportunity to buy the stipulated gold item at the successful bid value.
8.2.2. The value of gold is subject to market fluctuations. Any market valuations for gold items are indicative only and not legally binding.
8.2.3. It is the responsibility of the user to ensure they can accept delivery before reserving a seat for a gold auction as cash or service alternatives are not offered.
8.2.4. For any item requiring delivery, unless otherwise stated, please allow 6 weeks from the date that payment of the successful bid value has cleared.
8.2.5. The item is shipped directly by our suppliers and Humraz is not responsible for the shipping or delivery of the gold item.
8.2.6. Packaging, shipping and insurance costs will be included unless otherwise specified.
8.2.7. Importation of goods into a country may be restricted or subject to local taxation and it is the responsibility of the successful bidder to ensure that the item can be legally imported into their country.
8.2.8. Humraz will accept no responsibility for an item confiscated due to import restrictions.
8.2.9. Any costs of importation (e.g. import duties or taxes) will be the responsibility of the successful bidder. Failure to pay these costs will result in the return of the item to Humraz in the UK.
8.2.10. Humraz will not indemnify any Successful Bidder for any loss or damage caused by a late or failed delivery.
8.2.11. We make no warranty concerning the quality, availability or fitness for purpose of any items listed or shown in our auctions.
9. Technologies
9.1. Humraz accepts no liability for data lost or accessed by a third party due to failure by the User to properly use the security recommended and provided by Humraz.
9.2. Because of the nature of fast moving real-time information and because it is possible that the User may use the service in a way not contemplated by Humraz, the User acknowledges that Humraz responsibilities extend only to the provision of indicative information. For the avoidance of doubt:
9.2.1. Humraz make no warranties, express or implied, as to the results to be obtained by the User or any person or entity from the use of the service;
9.2.2. Humraz make no warranties, express or implied, with respect to the fitness for a particular purpose or use of the service;
9.2.3. Humraz shall have no liability to or through the User for lost profits or consequential loss or damage arising from the use of, or inability to use, for whatever reason, the service.
9.3. Humraz gives no warranty, expressed or implied, that the site will function and be accessible at all times correctly as intended.
9.4. Humraz is not responsible for messages/communications that are delayed or do not arrive at the intended destination.
9.5. No claim exists to the use and availability of this service. Messages are usually sent immediately, but there may be delays in transmission. It is not guaranteed that the messages will be received.
9.6. Humraz will use their reasonable endeavours to ensure the uninterrupted and timely supply of the service and to take all reasonable steps to correct any error, omission or mistake in the service but:
9.6.1. Humraz shall be under no liability for any error in or for any delay or failure in the transmission of the service to the user; and
9.6.2. Humraz do not provide any warranty as to the accuracy and completeness of the information provided through the service; and
9.6.3. Any such liability as might arise (which is not admitted) shall be limited to the charge made to the user for the message from which such liability occurred.
9.7. The user also recognises that the service may from time to time be adversely affected by local geography, topography and/or atmospheric conditions and/or other causes of interference and/or network coverage of his chosen Internet Network and/or other event that is outside the control of Humraz.
9.8. All reasonable effort will be made to ensure that the Humraz site and services are free from viruses and other damaging components and are not in any way affected by any circumstances, but we cannot and do not guarantee the same. Nor can or do we guarantee that your use of the Humraz site and services will be uninterrupted, timely, secure and / or error-free. In such cases, we do not have any liability to you and nor do our service providers
9.9. The illegal use of the Humraz service or the sending of messages that contain sexual, racist or discriminatory references or advertising, is prohibited.
9.10. The user of the service is responsible for the content of the messages they send, according to the generally applicable laws. Humraz do not undertake any liability for the content of the messages transmitted. In the event of a violation of one of the above-mentioned legal norms, the author of the message exempts Humraz from any claims by third parties.
9.11. The user of this service undertakes not to send any messages that the addressee does not agree to receive or by which the addressee is illegally molested.
9.12. In the event of misuse, Humraz reserve the right to exclude individual users from using this service and to block user numbers belonging to IP addressees/networks.
10. Applicable Laws
10.1. These Terms & Conditions shall be exclusively governed by and construed in accordance with the laws of England and the user irrevocably submits to the exclusive jurisdiction of the courts of England and Wales.
10.2. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11. Events Outside Our Control
11.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms & Conditions that is caused by events outside our reasonable control (Force Majeure Event).
11.2. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
11.3. Impossibility of the use of public or private telecommunications networks.
11.4. The acts, decrees, legislation, regulations or restrictions of any government.
12. Waiver
12.1. If we fail, at any time to insist upon strict performance of any of obligations under any of these Terms & Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve any person from compliance with such obligations.
12.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
13. Accessing our Sites
13.1. Access to our sites is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our sites without notice (see below). We will not be liable if for any reason our sites are unavailable at any time or for any period.
13.2. From time to time, we may restrict access to some parts of our sites, or an entire site, to users who have registered with us.
13.3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms & Conditions.
13.4. You are responsible for making all arrangements necessary for you to have access to our sites. You are also responsible for ensuring that all persons who access our sites through your internet connection are aware of these Terms & Conditions, and that they comply with them.
14. Prohibited Uses
14.1. You may use our sites only for lawful purposes. You may not use our sites:
14.1.1. In any way that breaches any applicable local, national or international law or regulation.
14.1.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
14.1.3. For the purpose of harming or attempting to harm minors in any way.
14.1.4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Terms & Conditions.
14.1.5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
14.1.6. 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.
14.1.7. You also agree:
14.1.7.1. Not to reproduce, duplicate copy or re-sell any part of our sites in contravention of the provisions of our Terms & Conditions.
14.1.7.2. Not to access without authority, interfere with, damage or disrupt:
14.1.7.2.1. any part of our sites;
14.1.7.2.2. any equipment or network on which our sites are stored;
14.1.7.2.3. any software used in the provision of our sites; or
14.1.7.2.4. any equipment or network or software owned or used by any third party.
15. Suspension & Termination
15.1. We will determine, in our discretion, whether there has been a breach of our Terms & Conditions by you.
15.2. If you breach these Terms & Conditions, we may take such action as we deem appropriate, which may include all or any of the following actions:
15.2.1. Immediate, temporary or permanent withdrawal of your right to use our site.
15.2.2. Issue of a warning to you.
15.2.3. 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.
15.2.4. Further legal action against you.
15.2.5. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
15.3. We exclude liability for actions taken in response to breaches of these Terms & Conditions. The responses described these Terms & Conditions are not limited, and we may take any other action we reasonably deem appropriate.
16. Intellectual Property Rights
16.1. The names, images and logos identifying Humraz, our products and services are proprietary marks of Humraz. Nothing contained in these Terms & Conditions shall be construed as conferring by implication, estoppels or otherwise any licence or right.
16.2. All copyright, trademarks and other intellectual property rights in this site (including all the material/content, design, arrangement, look, feel and functionality) shall remain at all times the property of Humraz Limited.
16.3. In accessing the Humraz site, the user agrees that they do so for their own personal, non-commercial use. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
16.4. The user may not agree to, permit or assist in any way to modify, copy, reproduce, republish, download, upload, post, broadcast transmit, commercially exploit or distribute in any manner the site and its material/contents including text, graphics, code or other items other than temporarily in the course of using the service provided by this site or to keep a record of a transaction entered into using this site.
16.5. 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.
16.6. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
16.7. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
16.8. If you print off, copy or download any part of our site in breach of these Terms & Conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
17. Our Sites
17.1. Reliance on information posted
17.1.1. Commentary and other materials posted on our sites are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our sites, or by anyone who may be informed of any of its contents.
17.2. Our sites changes regularly
17.2.1. We aim to update our sites regularly, and may change the content at any time. If the need arises, we may suspend access to our sites, or close it indefinitely. Any of the material on our sites may be out of date at any given time, and we are under no obligation to update such material.
18. Our Liability
18.1. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
18.1.1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
18.1.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
18.1.3. loss of income or revenue;
18.1.4. loss of business;
18.1.5. loss of profits or contracts;
18.1.6. loss of anticipated savings;
18.1.7. loss of data;
18.1.8. loss of goodwill;
18.1.9. wasted management or office time; and
18.1.10. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
19. Viruses, hacking and other offences
19.1. You must not misuse our site 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 site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
19.2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 our site will cease immediately.
19.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
20. Linking to and from our site
20.1. Linking to our sites
20.1.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
20.1.2. You must not establish a link from any website that is not owned by you.
20.1.3. Our sites must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our Terms & Conditions.
20.1.4. If you wish to make any use of material on our sites other than that set out above, please address your request to us using the process set out on our
Contact Us page.
20.2. Links from our site
20.2.1. Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. 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.
21. Company Information
21.1 Humraz Limited is registered under the laws of England and Wales with company number 05804522 and registered address at 1-3 Union Street, Kingston-Upon-Thames, Surrey, KT1 1RP United Kingdom.
21.2. Humraz Limited can be contacted by post via Humraz Limited, PO Box 558, Walton-on-Thames, Surrey, KT12 9BX United Kingdom or by emailing via the www.humraz.com website
Contact Us page.
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