Please read the terms and conditions of this agreement carefully as it governs your use of our online services ("Services"), your relationship with Enigma Plus Ltd (the "Company", "we" or "us") and limits our liability to you.
By ticking the box "I agree to the terms and conditions" on the sign up screen and accessing myHAB (the "System") you are forming a contract and agreeing to the terms that appear below.
References to "you" and "your" are to you as an individual. If you use myHAB and the Services in the course of your business, you are also agreeing to this agreement on behalf of that business and references to "you" and "your" include your business. If you have any questions please email us at email@example.com
2.1 We may update the terms and conditions contained herein from time to time for legal or regulatory reasons or to allow the proper operation of myHAB. When a change is made, you will be asked to accept the new terms and any amendments will be summarised and/or highlighted within the text. The changes will apply to the use of myHAB and/or the Services after we have given notice. If you do not wish to accept the new terms and conditions you should not continue to use myHAB. If you continue to use myHAB and/or the Services after the date on which the change comes into effect, your use of myHAB and/or Services indicates your agreement to be bound by the new terms and conditions.
3.1 You must ensure that the details provided by you on registration or at any time are correct and complete.
3.2 You must inform us immediately of any changes to the information that you provided when registering by updating your personal/business details in order that we can communicate with you effectively.
4.1 On registration, you will be allocated a user name and password ("ID"). You may not authorize anyone to use myHAB with your ID. You are responsible for all use of myHAB and/or Services using your ID including any use of your ID by a 3rd party.
4.2 If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your ID, you must notify the Company immediately by emailing firstname.lastname@example.org. If the Company reasonably believes that your ID is being used in any way which is not permitted by this Agreement, the Company reserves the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issue has been resolved.
4.3 If the Company has reason to believe that there is likely to be a breach of security or misuse of myHAB, we may require you to change your password or we may suspend your account.
5.1 The content of myHAB is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of myHAB on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal or business use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on myHAB without written permission from the Company.
6.1 You may not use myHAB and/or the Services for any of the following purposes:
6.1.1 disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
6.1.2 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
6.1.3 interfering with any other person's use or enjoyment of the Company myHAB; or
6.1.4 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
6.1.5 transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial communications ("SPAM"). You may not use myHAB to send SPAM.
6.2 Communications sent, or caused to be sent, to or through myHAB and/or the Services and Messages (as defined below) may not:-
6.2.1 use or contain invalid or forged headers;
6.2.2 use or contain invalid or non-existent domain names;
6.2.3 employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
6.2.4 use other means of deceptive addressing;
6.2.5 use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party;
6.2.6 contain false or misleading information in the subject line or otherwise contain false or misleading content;
6.2.7 fail to comply with additional technical standards described below;
6.2.8 contains any material which you do not have permission to use (including material which may be protected by copyright, trade marks, database rights or any other form of intellectual property right);
6.2.9 contains viruses or any other components with harmful or contaminating effects; or
6.2.10 impersonates any living person
6.3 You must not use myHAB or Services in a manner that could damage, disable, overburden or impair any aspect of any of myHAB and/or the Services or that could interfere with any other party's use and enjoyment of myHAB or any Service.
6.4 The Company shall have the right to monitor communications sent or received using myHAB and/or the Services. See further clause 10 below.
6.5 You must not include in any Message (as defined below) or use myHAB and/or Services to send any communication(s) which include(s) anything in breach of any contract or duty of confidence nor will anything it it/them constitute a contempt of Court or breach or infringe any common law or statutory rights of any kind or be defamatory of any person firm or body corporate.
6.6 If the Company believes that unauthorized or improper use is being made of myHAB and/or the Services, it may at any time, in its sole discretion, without notice, take such action as it deems appropriate, including without limitation, blocking Messages (as defined below) or communications from a particular internet domain, mail server or IP address, suspending your account or access rights, blocking access from your ID or suspending use of or access to the Services in whole or in part. The Company may immediately terminate any account on any Service which it determines, in its sole discretion, is transmitting or is otherwise connected with any communication or Message that violates this policy.
7.1 Although we aim to offer you the best service possible, we make no promise that the Services on myHAB will meet your requirements. We cannot guarantee that the Services will be fault-free. If a fault occurs with myHAB you should report it to Enigma Plus Ltd, 129 Circular Road, Belfast, BT4 2GE, UK and we will attempt to correct the fault as soon as we reasonably can.
7.2 Your access to myHAB may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
7.3 The Company is continually seeking to improve myHAB and/or the Services. The Company reserves the right, at its discretion, to make changes to any part of myHAB and/or Services provided that it does not materially reduce their content or functionality.
8.1 myHAB may include bulletin boards, discussion groups and other public areas that allow feedback to the Company and interaction between users. The opinions, advice and statements contained in messages posted on myHAB ("Messages") are those of the users and not the Company.
8.2 Whilst the Company does not control the submission of Messages, we do reserve the right to delete, move and edit any Messages submitted. Publication will be at our discretion.
8.3 You are solely responsible for the Messages you submit to myHAB and by submitting any Messages you agree to follow these rules. You may not submit any material which:
8.3.1 advertises or promotes any goods or services;
8.3.2 reveals any confidential or sensitive information;
8.3.3 contains or links to any unlawful, threatening, harassing, libelous, harmful, vulgar, obscene, abusive, defamatory, indecent material, material which is deliberately intended to upset other users, or which is otherwise objectionable or otherwise breaches any laws;
8.3.4 encourages conduct that constitutes a criminal offence or otherwise breaches any applicable laws regulations or code of practice
8.3.4 contains any material which you do not have permission to use (including material which may be protected by copyright, trade marks, database rights or any other form of intellectual property right);
8.3.5 contains viruses or any other components with harmful or contaminating effects on myHAB, the Services or any equipment connected to them; 8.3.6 impersonates any living person; or
8.3.7 contravenes the provisions of clause 6.5 above.
8.4 By submitting Messages to myHAB you are granting the Company a perpetual royalty-free non-exclusive licence to reproduce, modify, translate, make available, distribute and allow others to use any material you submit in whole or in part or in any form. We will try to credit authors of the material where possible, but cannot guarantee to do so.
8.5 myHAB contains material submitted by others over which the Company has no control. We have asked all users to follow these rules but cannot guarantee the accuracy, integrity or quality of other material. We do not endorse any of the material published by any others on myHAB. See further clause 10 below.
9.1 The prices for the Services are calculated and payable in advance as set out at (FREE) provided that the Company may by giving notice at any time increase the price of the Services to reflect an increase in the cost to the Company which is due to factors beyond the reasonable control of the Company. The Company will notify you either by a suitable announcement on myHAB or by directly sending you an email notification via the email address provided by you on registration.
9.2 All prices are expressed inclusive of any VAT payable unless otherwise stated and unless otherwise stated by the Company all prices are quoted in Sterling.
10.1 The Company warrants that it will use reasonable skill and care in making myHAB and the Services available to you and in ensuring its availability;
10.2 Because of the number of sources from which the Company obtains the content and because of the nature of the Internet and archived information, errors and omissions do occur and the Company does not give any other warranties in respect of the Service. In particular, you should not take the accuracy of the information for granted and the Company makes no warranty that myHAB is free from infection by viruses or anything else that has contaminating or destructive properties.
10.3 Whilst the Company shall have the right to monitor communications and Messages sent or received using myHAB and/or the Services the Company does not read all Messages or communications and does not accept any responsibility or liability for any communications or Messages sent or received through myHAB; and/or Services.
10.4 Whilst the Company shall ensure the provision of and maintenance of reasonable and appropriate safeguards in accordance with normal commercial practice, to prevent disclosure of information or data to unauthorized third parties, lost data, viruses or anything else that has contaminating or destructive properties, access to data information Services or the Company's server by unauthorized third parties or hackers, it does not make any warranties or guarantees in relation to these matters.
10.5 myHAB provides content from other Internet sites or resources and while the Company tries to ensure that material included on myHAB is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If the Company is informed of any inaccuracies in the material on myHAB we will attempt to correct the inaccuracies as soon as we reasonably can.
10.6 The Company shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any instructions or information supplied by you which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of yours.
10.7 The Company shall not be liable to you or be deemed to be in breach of this agreement by reason of any delay in performing or any failure to perform any of the Company's obligations in relation to the Services, if the delay or failure was due to any cause beyond the Company's reasonable control.
10.8 All warranties, conditions and other terms implied by statute or common law or otherwise are to the fullest extent permitted by law excluded from this Agreement.
10.9 Notwithstanding the above provisions of this clause 10, the Company's liability will not be limited in the case of fraud or for death or personal injury caused by the Company's negligence. YOUR ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CLAUSES 10.10 AND 10.11 Subject to clauses 10.8 and 10.9:-
10.10 The Company's total liability in contract, tort, (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the amount paid by the client under the agreement/amount of the company's professional indemnity insurance from time to time. And subject to that overall limit to the part of any loss suffered which is proportionate to our responsibility;
10.11 The Company will not be liable for any indirect or consequential loss or damage (including, without limitation, business losses such as lost data, lost profits or business interruption arising from your (or your Users') use or inability to use myHAB and/or the Services or from any action taken (or refrained from being taken) as a result of using myHAB and/or the Services), costs, expenses, or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the provision of the Services.
11.1 The Service contains links to other web sites and resources, either directly or through frames and, where possible, the Company will make clear where such links are being made. Independent third parties provide these sites and the Company is not responsible and shall not be liable for the availability or content of these outside resources.
12.1 We make no promise that materials and Services on myHAB are appropriate or available for use in locations outside the United Kingdom, and accessing myHAB from territories where its contents are illegal or unlawful is prohibited. If you choose to access myHAB from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
13.1 You hereby indemnify (and agree to hold indemnified) the Company against all claims, costs, proceedings, demands, losses damages or liabilities arising directly or indirectly as a result of any material breach or non performance by you of any of the terms and conditions herein, in particular but without limitation, the terms set out in clauses 6 and 8.
14.1 Part of myHAB may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on myHAB complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
16.1 All notices shall be given to the Company via email at email@example.com or by post at Enigma Plus Ltd, 129 Circular Road, Belfast, BT4 2GE, UK; or to you at either the email or postal address you provide during any ordering process.
16.2 Notice will be deemed received when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
17.1 Subject to clauses 4.2, 4.3 and 6.6 above this agreement and your access to myHAB and/or the Services may be terminated by written notice if you are in material breach of this agreement and the breach (if capable of remedy) is not remedied within the period of 14 days after written notice of the breach has been given to you.
17.2 Subject to clauses 4.2, 4.3 and 6.6 above, you may terminate this agreement and receive a refund of sums currently held in your account with the Company if the Service is discontinued or if we are in material breach of this agreement and the breach (if capable of remedy) is not remedied within the period of 14 days after written notice of the breach has been given to us.
17.3 Subject to clauses 4.2, 4.3 and 6.6 above, we may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under the terms and conditions of this Agreement.
17.4 You can cancel your registration at any time by informing us in writing at Beechdene, 129 Circular Road, Belfast, BT4 2GE.
17.5 The suspension or cancellation of your registration and your right to use myHAB and/or Services shall not affect either party's statutory rights or liabilities.
17.6 If your ID has not been used to access the Services for the period of 1 year the Company has the right to cancel your registration on giving 14 days written notice.
17.7 On termination pursuant to clauses 17.1, 17.3, 17.4 or 17.6 a refund will be made of sums held in your account with the Company, however, please note that a sum of GBP10.00 (or if there is a lesser sum in your account with the Company such lesser sum) will be charged by the Company in respect of an administration charge.
18.1 The company reserves the right to delay provision of the Services or to cancel this Agreement (without liability to you) if it is prevented from or delayed in the carrying on of its business or performance of its obligations under this Agreement due to circumstances beyond its reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood or other weather event, epidemic, disease, infestation, restrictions on transport or movement, lock-outs, strikes or other labour disputes, (whether or not relating to either party's workforce) , or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable goods, provided that if the event in question continues for a continuous period in excess of 90 days you shall be entitled to give notice in writing to the Company to terminate this Agreement and receive a refund of sums currently held [in your account with the Company].
19.1 We may transfer and/or assign and/or subcontract our rights and/or our obligations or any part(s) of them under this agreement. You may not transfer any of your rights or obligations under this agreement.
19.2 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement, but nothing in this Agreement shall affect any right or remedy of a third party which exists or is available otherwise than as a result of that Act.
19.3 Every right or remedy of the Company under this Agreement is without prejudice to any other right or remedy of the Company whether under this Agreement or not.
19.4 If any provision of this Agreement is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, unenforceability or unreasonableness be deemed severable and the remaining provisions of the agreement and the remainder of such provision shall continue in full force and effect.
19.5 Failure or delay by the Company in enforcing or partially enforcing any provision of this Agreement will not be construed as a waiver of any of its rights under this Agreement.
19.6 Any waiver by the Company of any breach of or any default under any provision of the contract by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of this Agreement.
19.8 The formation, existence, construction, performance, validity and all aspects of this Agreement shall be governed by Northern Irish law and the parties submit to the non exclusive jurisdiction of the Northern Irish courts.
20.2 The Company would also like to keep you informed of information about other Company products and services that may be of interest to you. We would also like to share your information with third parties who can offer you other products that may be of interest to you. You can opt into these services by sending the appropriate phrase shown below to firstname.lastname@example.org:
"I would like to be kept informed of Company products and services"
"I would like to receive information about the products and services of other companies."
20.3 If you wish to stop receiving marketing information from us or third parties then please contact John Kennedy at email@example.com.
21.1 myHAB and/or Services is provided by Enigma Plus Ltd, whose registered office is at; Beechdene, 129 Circular Road, Belfast, BT4 2GE. Company Registration No. NI 626645