1.1 Introduction

These Terms & Conditions (Terms) govern your access to and use of our services, including our hooareyoo™ product, website, email notifications, applications, adverts, commercial services and our other covered services that link to these Terms, including any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing elsewhere within our products and associated content. By using our services you agree to be bound by these Terms & Conditions. These Terms (an “Agreement”) are entered into, effective as of date of acceptance of this Agreement by signing the contract to engage the services of YHH Technologies Ltd.

 1.2 General

We may revise these Terms from time to time. The changes will not be retroactive and our most current version of the Terms will always be at www.hooareyoo.com, which will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by any revised Terms. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. YHH Technologies Ltd.’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. These Terms are an agreement between you and YHH Technologies Ltd, a company based in the United Kingdom with its registered office at 23B Lenten Street, Alton, GU34 1HG, United Kingdom. If you have any questions about these Terms, please contact us via the enquiry form at www.hooareyoo.com

1.3 Content

You are responsible for your use of our services and for any information and/or content you provide, including compliance with applicable laws, rules, and regulations within your country of company registration. Any use or reliance on any content, information or materials obtained by you through the service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content, information or communications collated via our services, nor do we endorse any opinion(s) expressed via the profiles obtained through our services. We assess public information that is available through Open Source Internet (OSINT) searching and cannot ever guarantee that the subject of the report irrefutably published the information obtained. Whilst we provide a probability rating that the material relates to the subject and are confident regarding what constitutes a Digital Footprint, we cannot confirm or refute who published the material that is associated to the subject.

You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such content. Whilst we monitor the content posted via our services, we cannot take responsibility for such content nor can we guarantee that all such material will be pre-warned within subject reports. Some information and images used on our site and within our products are obtained from social networks and other data services (“social networks”). The copyright for this content is held by the social networks.  The arrangement, categorisation, compilation and presentation of this data, as well as all articles and other editorial content presented though our services or on our Site is our copyright. Apart from the social networks content, we and/or our licensors own all the rights to all other materials contained within our services and on our website, and the information the website collects (we refer to all this as ‘the content’). This includes patents, copyright, database rights and trademarks. You must not copy, pass on, sell, publish or make profit from any of the content without first getting our written permission. The content includes a number of trademarks that are owned by us and/or our licensors and the social networks. By making the trademarks available on the website, we are not giving you any permission to use them. We will indicate within our products and services where there is additional data and/or information relating to the profile that has not been subject to review. This will occur where high volumes of information and/or data exist that exceed the data limits of the hooareyoo^TM software for that profile. In such cases, iconography will indicate the presence of such a limit. In such cases, for additional payment(s), the review process can continue at the client’s request and a personalised quotation will be made available that is premised upon the volume of data available.

1.4 Use of Services

Our services evolve constantly. As such, the services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing features within the services to you or to users generally and may alter or update features to certain users and/or user-groups that are not available to other clients. By accessing our services, you agree that YHH Technologies Ltd (YHH) and its third-party providers and partners may place advertising on the services or in connection with the display of content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the services:

• Access, tamper with, or use non-public areas of the services, YHH’s computer systems, or the technical delivery systems of YHH’s providers;
• Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
• Access or search or attempt to access or search the services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by YHH (and only pursuant to the applicable terms and conditions)
• Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the services to send altered, deceptive or false source-identifying information; or
• Interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the services.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

• Satisfy any applicable law, regulation, legal process or governmental request,
• Enforce the Terms, including investigation of potential violations hereof,
• Detect, prevent, or otherwise address fraud, security or technical issues,
• Respond to user support requests, or
• Protect the rights, property or safety of YHH, its users and the public.

Restrictions on use

Authorised Users are granted a non-exclusive, non-transferable, limited right to access of the services and materials made available to you. Neither party shall use the name, trademarks, service marks, symbols, or logos of the other party without the express prior written consent of the other party. Additionally, under no circumstances may any Authorised User offer, sell, retransmit any part of the services to any other person or corporate entity for commercial resale or commercial redistribution in any medium or use the services to compete with the business of YHH. You may not modify, reverse engineer, reverse assemble or reverse compile any part of the services. Authorised Users do not acquire any proprietary interest in the services, reports or copies thereof, except the limited rights granted herein. Authorised Users may not use the services in any fashion that knowingly infringes the intellectual property rights or proprietary interests of YHH or any other third party. Your use of the services must comply with all applicable laws, rules or regulations. You may not use the services for any illegal purpose or in any manner inconsistent with the Agreement or any applicable laws. If you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform or transmit the content of the material provided through the services of YHH, you must obtain express permission from YHH beforehand.

The information provided with in our services on any subject/person is designed to assist the user in building a picture of the respective subject’s digital footprint and online activity. As previously stated, we endeavour to ensure that the information detailed in our services relates to the subject in question but we cannot guarantee this, which is why each profile contained within the report and the report itself has a certainty assessment. These assessments are made in good faith and in good judgement but we do accept any liability for inaccurate assessments associated with a subject whether contained or omitted from any of our products or services.

Further, none of the information provided by our services should be used in isolation to make any material decisions about a subject (such as eligibility for employment, membership of an organisation, insurance risk or national security threat) that may result in tangible loss to the subject. The content provided through our services should only ever be used as part of a wider assessment of a subject’s personal profile although it is not within in our responsibility to suggest what that wider assessment should be.

We will not, partially or wholly, report on or include within a report any material that we have identified as belonging to a person under seventeen years of age. Whilst content within our reports may contain references and images of people under seventeen years of age, this will only be the case where this forms part of a report commissioned into a person who is seventeen or older (an adult) and the profile or information pertains to them. An example may be a family picture of an adult with children present where the report has been commissioned into the adult. In such cases we will not identify any parties present who we have identified as being under seventeen years of age.

1.5 Collective Agreement

By using the services provided by YHH and doing so in agreement with the Terms, you agree to the associated Policies that engage with the Terms. All such policies are available for review at www.hooareyoo.com. These associated policies may be subject to revision and alterations will be published to the documents available via the aforementioned website.

 1.6 Associated Products & Services

It may be possible, through other websites that either we, the companies whose data we collate or third party partners and advertisers run, for you to have access to a facility to buy products or services. Nothing on the websites we run forms an offer on our part to sell any products or services. How you buy and use these products or services will depend on separate terms and conditions, and you may need to register with us or another organisation. Part of our website may contain advertising and sponsorship. Advertisers and sponsors are responsible for making sure that the material they give us to include on the website keeps to the relevant laws and codes. We will not be responsible for any mistakes or inaccurate information in advertising material.

 1.7 Client Accounts & Rights

You may need to create an online account to use some of our services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the services that are essential for the appropriate use of your account and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.

You can close your account at any time, except (a) when payments are overdue, unpaid or otherwise in arrears and (b) contents of reports already completed remain subject to these conditions. We will get your consent if we want to give external, commercial third parties the right to publish partial or whole elements of your reports, or to publish information that is likely to be recognisable from information obtained in your reports.

1.8 Limitations of Liability

YHH and its associated, affiliated and third party companies shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages nor any loss of profits, revenues resulting from: (a) access or inability to access reports, (b) any conduct or content of third parties that YHH rely upon to produce or complete reports, (c) any unauthorised access, use or transmission of content. The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise and irrespective of whether YHH or its associated entities have been informed of the prospect of such damages. Whilst such limitations do not apply within certain jurisdictions, the above disclaimer does apply to the maximum extent permitted by law.

The content is only for general information, and we provide it as it becomes available at the time and date, which is denoted on the report. We do not guarantee that the content is free from viruses, or that you will always be able to use the services without any interruption or error. If you download any content to your computer or take the content from the website in any other way, you do so at your own risk. We will not be responsible for any damage to your computer or any of the information on it. We do not accept any responsibility for any mistakes, errors or other faults in the website and the content, or for how you use the website and the content. However, nothing in these terms removes or limits our liability for death or personal injury caused by our negligence or for any liability, which we cannot limit or exclude under the relevant law.

1.9 Exclusions of Liability

To the extent permitted under law (and unless YHH has entered into a separate written agreement that overrides this contract), YHH and its affiliates (and those that YHH works with to provide the services) shall not be liable to you or others for any direct, indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the services (e.g. offensive or defamatory statements, down time or loss, use of, or changes to, your information or content).

This limitation of liability is part of the basis of the agreement between you and YHH and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if YHH or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.

In the event that either or both of clauses 1.8 and 1.9 are declared invalid by any court of competent jurisdiction, we accept liability in a sum no greater then the contract price.

1.10 UK Jurisdiction, Disputes & Resolution

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or YHH exclusively in the UK. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the United Kingdom will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

If anyone brings a claim against us related to your actions, content or information, you will indemnify and hold YHH harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions and are not responsible for the content or information users transmit or share that has been produced by YHH. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter within a YHH report. We are not responsible for the conduct, whether online or offline, of any user or person subject to YHH reporting. Any dispute or complaint should be directed to info@yhhtechnologies.com

Only the English language version of these terms is valid.

 1.11 Transfer and Use of Data

We abide by all current UK and EU data legislation regulations. We may require you to send us data so we can run reports on respective subjects and we may ask you to send this to us via a secure encrypted internet link. The data received from you is used solely for the purpose of undertaking our services and to provide you with a respective digital footprint report. We do not use the data for any other purpose and the data you provide to us is destroyed 30 days following the publication of the respective report. We do not store any data provided by you beyond this point and only hold it for any amount of time (i.e. 30 days) in case you wish to recall the data provided to us.

1.12 Payment

All payments are due within 14 days of the order invoice date unless otherwise agreed. Regarding late payments, we reserve our rights as set out in the Late Payment of Commercial Debt (Interest) Act 1998. You’ll honour your payment obligations and accept YHH storing your payment information. You understand that there may be fees and taxes that are added to our prices. We don’t guarantee refunds. If you buy any of our services, you agree to pay us the applicable fees and taxes and to additional terms specific to the paid services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy. If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You can get a copy of your invoice by contacting YHH at info@yhhtechnologies.com and quoting the invoice number.

1.13 Policy With Effect From Date

Policy is effective from 1 October 2017

1.14

This agreement represents the entire agreement between the parties and it and it alone represents the contents of our agreement, to the total exclusion of any other material of whatsoever nature and content.