HANDSHAKE SOLUTIONS LIMITED
Handshake Solutions Limited is a web service that provides a forum and a market place for its users to deposit retain update and protect their personal date and information offering the availability subject to the Data Protection Act of the same to authorised third parties. In these Terms, we will refer to the material uploaded by our users as Content.
These are the terms and conditions under which you can make use of www.handshakeuk.com, our Site, to upload and distribute the Content, which constitutes the core of the Services that we offer our users. The Site can be accessed by anyone but to use our Services, you must register with us, and to register you must accept these Terms by checking the appropriate box when completing your registration.
You should understand that by registering with us and using the Services, you are entering into a Contract with us on these Terms to the exclusion of all others. So it's important that you read them carefully. If you don't accept them, you will not be able to register with us and will only be able to use the site as a casual user.
Please keep a copy of the Terms for reference in the future. We'll post a notice on the Site and/or inform you by email or similar in the event that we update them.
1.1. The Site is operated and the Services are delivered by Handshake Solutions Limited. In these Terms, unless the context implies to the contrary, words like "we", "us" and "our" refer to Handshake Solutions Limited. We are a company registered in England & Wales (CRN:07518775) and our registered office is situated at 27 Balfour Business Centre, Balfour Road, Southall, UB2 5BD.
1.2. These Terms apply to all use by you of the Site and the Services. To use the Services, you must register and in so registering, you accept the Terms set out in this document to the exclusion of all others. We will provide the Services to you only on the basis of these Terms, updated from time to time by us in accordance with clause 6.1.
2. Your Obligations
2.1. You confirm that all information supplied by you (including your email address and mobile phone number details in connection with your registration is accurate and relates only to you.
2.2. You agree that you will maintain the accuracy of all information supplied in relation to your registration for as long as you make use of the Site and that you will update that information as necessary.
2.3. When you accept these Terms in registering to use the Site and the Services, you warrant that:
2.3.1. You are legally capable of entering into binding contracts;
2.3.2. You are at least 18 years old;
2.3.3. You will use the Site only for the purpose of uploading your own Content and that you will not use the Site to distribute unsolicited email ('spam') or for any other purpose;
2.3.4. The Content you upload will contain no material that is offensive, obscene, abusive, libellous, false, misleading, illegal, immoral, or otherwise unlawful;
2.3.5. You will not attempt to 'hack' into areas of the Site for which your access is unauthorised or introduce any form of 'malware';
2.3.6. The intellectual property rights in your Content are yours or that you have provable permission to use them; and
2.3.7. The posting of your Content will not infringe the intellectual property rights or confidentiality or privacy of ours or of any third party or parties.
2.4. References to "intellectual property rights" in clause 2.1 and throughout these Terms includes, without limitation, copyright, performance right, design right and design registrations, registered and unregistered trade marks.
3.1. Save as provided for at clause 3.3, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSES (INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL) HOWSOEVER ARISING.
3.2. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to download Content (whether yours or that uploaded by third parties) from the Site. The transmission of certain Content may be prohibited by national laws. We make no representation and accept no liability in respect of the any breach of such laws resulting from your use of the Site and the Services to transmit Content to or from you.
3.3. Notwithstanding the foregoing, nothing in these Terms is intended to limit any rights you may have as a consumer under applicable local law or other statutory rights that may not be excluded, nor in any way to exclude or limit our liability to you for fraud of for death or personal injury resulting from our negligence.
3.4. You hereby agree to indemnify us on demand and to hold us harmless from all actions, claims and proceedings made or taken against us from time to time and for all loss or damage and all payments, costs or expenses (including legal costs) made or incurred by us as a result of the breach of the warranties you have given at clause 2.3 or which otherwise arise in respect of your use of the Site and the Services.
3.5. We do not warrant that the Site and/or Services will be available on an uninterrupted basis. We do not endorse the truthfulness of any content you find on the Site that has been posted either by us or by other Users nor do we warrant that such content is accurate or current and you should check that it is both accurate and up-to-date before acting upon it.
4. Data Protection
4.1. For the purposes of the Data Protection Act 1998, we are the 'Data Controller' in respect of information you give us when you register and other information about yourself that you disclose to us, whether directly or indirectly. We collect and process personal information when you register and this information may include your name, address, gender, date of birth, email address and an alias which you want to be your publicly accessible personal identifier on the Site. Information that can be used to identify you as an individual and tell the user something about you constitutes 'personal data' for the purposes of the Data Protection Act 1998 and we will use that personal data only as permitted by law.
4.2. You may at your discretion provide additional information, (such as marital status, occupation and other descriptive information) some of which may be classed as 'sensitive personal data' under the Data Protection Act 1998, to be included within your profile and which is accessible to other users. This information is collected from you and processed when you submit it by amending your profile using the appropriate menu when you are logged into the Site. Your agreement to these terms constitutes your explicit consent to our use of this information for the purpose of delivering the Services.
4.4. You hereby acknowledge and consent to our provision of your personal data and other information concerning your use of the Site and the Services to law enforcement agencies, regulatory bodies and otherwise as required by law.
4.5. If you wish to terminate your registration and thereby delete your profile, please follow the directions given on the Site.
5.1. Although we reserve the right to review or monitor Content at any time without notice to you, we do not assume any obligation or responsibility to monitor or review any Content, whether uploaded by you or by any third party.
5.2. We reserve the right, at our sole and absolute discretion, to remove any Content or other information that you post or otherwise upload to the Site at any time and/or to limit, suspend or terminate your access to the Services without prior notice.
5.3. If you become aware of any Content that may have been uploaded in breach of these Terms (particularly, without limitation, Content that is unlawful or that infringes the intellectual property rights of third parties) you undertake to notify us immediately, using the tools provided on the Site or by contacting us.
5.4. You hereby grant to us an irrevocable world-wide non-exclusive royalty-free licence to allow third parties to view your details and details of your Content in order for them to make you a request to use that Content.
5.5. You acknowledge that your Content will be accessible to and may be accessed and downloaded by third parties if you have successfully negotiated a price for that access.
6.1. We may vary these Terms at any time. Any such variation shall be effective once posted on the Site and shall be binding upon you from your next use of the Services thereafter.
6.2. We shall endeavour to notify you by email that the Terms have been updated, but such notification is entirely without prejudice to clause 6.1 and we shall not be liable under any circumstances for your failure to receive or our failure to send such notification.
6.3. At all times it is your responsibility to read and satisfy yourself as to the Terms laid out herein. Your continued use of the Site and/or the Services after any variation to the Terms indicates your acceptance of the updated Terms.
7. Written communications
7.1. 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 email 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.
8.1. All notices given by you to us must be given to us at firstname.lastname@example.org. We may give notice to you by email or post at the addresses you provide to us when registering with us, or in any of the ways specified in clause 7.1 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
9. Transfer of rights and obligations
9.1. Your registration on these Terms gives rise to a Contract between you and us that is binding on you and us and on our respective successors and assigns.
9.2. Your registration is personal to you. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
9.3. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
10. Events outside our control
10.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
10.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular, without limitation, the following:
(a) Strikes, lock-outs or other industrial action;
(b) Public or private telecommunications network failure;
(c) The acts, decrees, legislation, regulations or restrictions of any government.
11.1. If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, 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 you from compliance with such obligations.
11.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
11.3. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these Terms.
12.1. If any of these Terms 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.
13. Entire agreement
13.1. These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
13.2. The following documents are part of these terms and conditions:
13.3. You acknowledge that, in registering with us, you have not relied on any representation, undertaking or promise given by us or be implied from anything said or written in negotiations by us prior to your registration except as expressly stated in these Terms.
13.4. You shall have no remedy in respect of any untrue statement made by us, whether orally or in writing, prior to the date of your registration (unless such untrue statement was made fraudulently) and your only remedy shall be for breach of contract as provided in these Terms.
14. Third Party Rights
14.1. A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
15. Law and jurisdiction
15.1. These Terms and your registration give rise to a binding contract between you and use that will be governed by English law. Any dispute arising from, or related to your use of the Site and the Services shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.