Terms and Conditions of Use
Last updated: 11/09/2019
1. Introduction
Welcome to software.thehmsg.com! By using or accessing software.thehmsg.com site (hence the “Site: www. software.thehmsg.com”), you acknowledge that you are subject to the following terms and conditions (the “Terms“). You should read through the Terms carefully; they constitute a legally binding agreement. You are contracting with software.thehmsg.com. (“we” or “us“). If you do not fully agree to these Terms, you may not access or otherwise use the Site.
These terms and conditions govern your access to and use of this website and any other ‘software.thehmsg.com’ branded or controlled website or section of a website (including, without limitation, a software.thehmsg.com Facebook page’ Twitter account, LinkedIn page) (the “Website”) and any ‘ software.thehmsg.com’ branded applications (the “Apps”), as updated from time to time.
2. Information about us
The website www.software.thehmsg.com is a site operated by HMS Global Business Limited, to which the words “we”, “us” and “our” refer. We are registered in England and Wales under company number 07212488. We own and operate a series of global websites including our site. If you have questions regarding these Terms of Use please contact us via the contact us page.
3. Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service that we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
4. Restrictions and unauthorised activities
You may use our site only for lawful purposes. Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow you to do so, you may not use our site:
- in any way that breaches any applicable law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm anyone in any way;
- (other than with our prior express written permission) for any commercial or trading purpose, or for any use other than private use;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any form of similar solicitation (spam);
- in contravention of any of these Terms of Use.
5. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are expressly reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal and private reference, and you may draw the attention of others within your organisation to material posted on our site. If you choose to do this, you must always expressly acknowledge our status (and that of any identified contributors) as the authors of materials.
You must not modify the paper or digital copies of any materials that 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.
If you print off, copy or download any part of our site in breach of these terms of use, 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.
The composite word-and-device “software.thehmsg.com” logo, and each element of it, is trademarks owned and used by us.
6. Changes to Site and/or Unavailability of Site
We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content, where we have legal, commercial or technical reasons to do so. We may also impose limits on certain features or services or restrict your access to parts or the entire Site for similar reasons.
There may also be times when the Site becomes inaccessible as a result of technical difficulties experienced by us or on the Internet. We will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the Site or any of its specific features.
7. Our liability
To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, whether relating to the accuracy of any material displayed on our site or to the accessibility of our site or otherwise howsoever;
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 commentaries or other materials posted on it (which, for the avoidance of doubt, are not intended to constitute advice on which any reliance should be placed), including without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and 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, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
8. Information about you and your visits to our site
We process information about you in accordance with our privacy and cookie policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
9. Viruses, hacking and other offences
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.
By breaching any of these provisions, you would or may 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.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus 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.
10. Linking to our site
You may link to our site, 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.
You must not establish a link to the home page of our site from any website that is not owned by you.
Our site 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 the standards set out in these Terms of Use.
If you wish to make any use of material on our site other than that set out above, please address your request via the contact us page.
11. Links from our site
Where our site contains 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.
12. Responsibility for user-contributed content
We have no duty to pre-screen content posted on the Site by members, pilgrims or other users (including, without limitation, reviews of or guest book entries for any particular rental property), (collectively, “user-contributed content”), and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Site of, or to remove from, any user-contributed content that fails to meet our content requirements. We may also remove user-contributed content if it is brought to our attention, by a user or by a third party, or any other requirements governing the posting of such content, has/have been apparently breached in respect of that user-contributed content.
13. Disclaimer
We warrant that the Site will be provided with reasonable care and skill with the intention of meeting our technical specifications for the Site, but we cannot and do not guarantee that the Site will meet your requirements, including (without limitation) as to the availability or speed of delivery of the Site, any of its features of content, any communication through or relating to the Site, or any transaction you may enter into with other users. Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms relating to the Site or any of its content, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of our fraud or our fraudulent misrepresentation, or where such exclusion is not permitted by law. We do not warrant that the functions of the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components, although we will take reasonable steps to avoid ourselves introducing viruses or other harmful components to the Site.
14. Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site, although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.
These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
15. Variations
We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our site.
16. Your concerns
If you have any concerns about material which appears on our site, please contact us.
17. Support and suggestions
If you require further information about software.thehmsg.com or have any suggestions concerning how to improve the Website or Apps, please contact us via the contact us page.
Thank you for reading our Terms and Conditions and visiting our site.