Terms and Conditions

This document outlines the terms and conditions governing the use of the Hootmobi website (hereafter referred as the website) offered by:

Hoot Advertising Ltd, a company registered in London Mercantile Register with company number GB 198695330 and address at Palladium House, 1-4 Argyll Street, London, W1F 7LD, UK, hereinafter referred to as “Hootmobi “and/or “the Company”, www.hootmobi.com.

By browsing through the Hootmobi website and by using the Services, you acquire the status of user. The user by using the Website, the Services and/or installing any of the Hootmobi products, accepts and agrees to be bound and abide by these Terms and Conditions, hereafter referred to as “Terms” as well as of our Privacy Policy, hereafter referred to as “Privacy”. In the event that the user does not follow the present Terms or any notice that may be given by Hootmobi while using the website services, shall constitute grounds for termination, being the access to services blocked, and the right to use any of the products removed without further notice and independent of any other decisions that may be taken by Hootmobi.

Hootmobi strongly advises the user to print or save a copy of these Terms, even though they will be available at all times on the website.

For Business to Business, Technical and/or Regulatory queries/issues please do not hesitate to contact us through our email address: b2bsupport@hootmobi.com

By using this website, you agree to and will be deemed to be bound by these terms. If you do not want to be bound by these Terms, please refrain from using the website.

Specific Product Information

Among other things, the website provides information concerning multiple products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided within the website in no way override the terms and conditions of the purchase of any product or service except as specifically provided herein. To the extent any area within the website contains specific terms and conditions or disclaimer (hereafter referred as “specific terms”) concerning its use. Those Specific Terms are in addition to these Terms. To the extent that there is a direct conflict, between these Terms and the Specific Terms, the Specific Terms shall prevail.

Changes in Terms

Hootmobi has the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new Terms and Conditions with respect to access to or use of the website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the website. You are responsible for reviewing the website periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Hootmobi to these Terms.

Any access or use of the website by you after notice of revisions or additions to these terms shall constitute and be deemed to be your agreement to such revisions or additions.

No modification to these Terms by any party other than Hootmobi shall be valid or enforceable against Hootmobi unless expressly agreed to by Hootmobi in writing, signed by a duly authorized officer of Hootmobi.

Termination

These Terms are effective until terminated by Hootmobi. Hootmobi may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the website, and the restrictions imposed on you with respect to the Content (defined below), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.

Hootmobi shall also have the right without notice and at any time to terminate the website or any portion thereof, or any products or services offered through the website, or to terminate any individual’s right to access or use the website or any portion thereof.

Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the website and your purchase of the items on the website. You must be at least 16 years old to use the website.

Content

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the website, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content”.

The Content may contain errors, omissions, or typographical errors or may be out of date. Hootmobi may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Hootmobi in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Hootmobi or by third parties that have licensed their use to Hootmobi. You may view and use the Content only for your personal information and for shopping and ordering on the website, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Hootmobi does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the website, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by Hootmobi is strictly prohibited.

It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, post, transmit, use, process or distribute any form of all or part of the contents on the service, if you do not have the express written permission of Hootmobi or, where appropriate, the rights holder.

Likewise, unless expressly authorized, it is prohibited, under the terms and subject to the penalties under current laws that are applicable, the removal or alteration of the technologies and information regarding management rights contained in the works and the subject of this transmission as well as distribution, importation for distribution, public performance, broadcasting and radio broadcasting, public communication in all its forms or making available of such works and performance or copies and transmissions which have removed or altered such information without authorization.

It is also forbidden to establish links to the web outside the limitations of using links as a means to accrue more Points in the service. If you are interested in establishing a link, you must first have the express written permission from Hootmobi. Notwithstanding the foregoing, it is expressly prohibited to establish any links and / or similar third party devices that lead the user directly to content and/or services offered by Hootmobi (“deep linking”).

The website contains copyright material, trade names and brands and other proprietary information, therefore is protected by copyright laws, registered and unregistered trade marks, database rights and other intellectual property rights under the English Intellectual Property Law (Copyright, Designs and Patents Act 1988 (CDPA) and related applicable trademark and copyright rights regulations).

Notice and procedure for making claims of intellectual property infringement

If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide Hootmobi a written statement, signed under penalty of perjury, with a description of the alleged infringement.

Send this information to: Address: Hootmobi Advertising Ltd, Palladium House, 1-4 Argyll Street, London, W1F 7LD, UK, Attention: Compliance Office.

Linked Third Party Sites

Links to other Internet sites operated by third parties, including Hootmobi vendors, do not constitute sponsorship, endorsement, or approval by Hootmobi of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Hootmobi, and Hootmobi is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation to privacy policies and practices. Links to other sites are provided for your convenience only, and you may access them at your own risk.

Prices; Orders

All prices displayed on the website are quoted in Euro (€). Hootmobi reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the website without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on the website do not imply endorsement of that product or service, or constitute a warranty, by Hootmobi. Hootmobi reserves the right to use an agent(s) for processing orders or shipping products.

The receipt by you of an order confirmation does not constitute Hootmobi acceptance of an order. Prior to Hootmobi acceptance of an order, verification of information may be required. Hootmobi reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Hootmobi for any reason. Hootmobi reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Hootmobi shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your mobile account charged. If your mobile account has already been charged for the purchase and your order is canceled, Hootmobi shall promptly issue a credit to your bank account in the amount of the incorrect price.

Disclaimers and Limitation of Liability as to the Website and Content

Hootmobi makes no warranties or representations whatsoever with respect to the website or any linked site or its content, including the availability of any site or the content, information and materials on it or the accuracy, completeness, or timeliness of that content, information and materials. Hootmobi also does not warrant or represent that your access to or use of the website or any linked site will be uninterrupted or free of errors or omissions, those faults will be corrected, or that the website or any linked site is free of computer viruses or other harmful components. Without limiting the foregoing, all content provided on the website is provided to users “as is,” without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, non-infringement, security or accuracy. The “as is” condition of content is an expressly made condition of any transaction arising through or as a result of the website.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Limitation of Liability as to Products and Services

Under no circumstances shall Hootmobi, its suppliers or their respective directors, officers, employees or agents be liable to you or to any third party for any indirect, consequential, incidental, special, or punitive damages, including but not limited to loss of profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on the website, even if Hootmobi is expressly advised of the possibility of such damages. in no event shall Hootmobis liability exceed the price you paid for the product or service that is the subject of the claim.

Indemnification

You agree to defend, indemnify, and hold harmless Hootmobi, its affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the website. The foregoing indemnification obligation shall survive the termination of these Terms and the website and any product or service provided to you arising out of or relating to your use of the website.

Submissions

Except as otherwise expressly provided herein or within the Hootmobi Privacy Statement posted on the website, any communication or material you transmit to the website by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and nonproprietary and may be used by Hootmobi, its affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Hootmobi, its affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication, and you shall receive NO compensation for Hootmobi use thereof.

Miscellaneous

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Hootmobi of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.

Hootmobi shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, terrorism, strikes, lockouts, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

This Agreement shall be governed by and construed in accordance with the laws of England & Wales, without regard to conflicts of law provisions. Additionally, any claims brought against Hootmobi shall be governed by and construed in accordance with the laws of England & Wales. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of this website, or any orders placed or products purchased on or through the website, shall be the court of London.

Privacy Policy

This Privacy Policy is updated on a regular basis, and applies to the website owned and operated by:

Hootmobi Advertising Ltd a company registered in London Mercantile Register with company number GB198695330 and address at Palladium House, 1-4 Argyll Street, London, W1F 7LD, United Kingdom, hereinafter referred as “Hootmobi” and/or “the Company”, www.hootmobi.com.

Hootmobi knows that you care about how your information may be used or shared. This Privacy Policy explains what information is collected by the Company in using this website and related services, how the information will be used, and how you can control the collection, correction and/or elimination of your information. We will not use or share your information with anyone except as described in this Privacy Policy.

Use and Treatment of Information

Hootmobi applies the General Data Protection Regulation (EU) 2016/679 that updates and enhances data protection requirements and applies to all BASEBONE clients located around the world that work with the personal data of all EU citizens and individuals who reside in the EU.

The Company informs the user that the information resulting from visiting this website or contracting the Product and Services and related personal data will be included in an automated File duly registered in the General Register of the Data Protection for its automated processing. For this purpose, you as the user express consent to such treatment.

The Company may use aggregate personal information (non-identifiable) to improve and adapt the service to the needs of the user. This statistical compilation of non-identifiable information may be used or provided to others for marketing purposes, advertising and research. The main goal of the Company in collecting personal information is to provide you, the user, with the most personalized experience possible. Information collected about you enables us to deliver content and advertising more relevant to you, and therefore a better service. Only the Company has access to the individual accounts. The Company may also do research on demographics, interests and behavior based on the information you provided during the registration process, on order forms, during a promotion, as well as information from our server log files or surveys. We do this to better understand and serve our users. This research is compiled and analyzed in aggregate bases and the Company may share this aggregated data with advertisers, researchers and other businesses. From time to time, the Company may use your personal information to send you information about our products and services or other products and services that may be of interest to you. You can unsubscribe from this mailing list by emailing compliance@hootmobi.com with the word “UNSUBSCRIBE” in the subject. The Company is the sole owner of information collected on the service. We will not sell, share or rent this information to others in any way that varies from what we specified in this statement. The Company maintains appropriate safeguards to insure the security, integrity and privacy of personally identifiable information in its possession. However, as effective as these measures may be, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that the information you provide will not be intercepted while being transmitted to us through the Internet.

Information We Collect

  • Information collected by the servers:
  • For operational purposes and quality assurance, we take note of whether you use and, where appropriate, how you use the information and services we provide. For example, we record the service traffic patterns and store user access information, such as IP address, mobile device information, OS, browser, etc, on site files (logs). The Company’s servers, automatically collect certain non-personal information, such as which pages each user visits and the domain name (e.g. terra.com) of the visitors. We use this information for various purposes including internal review, traffic evaluation or adjusting information to individual visitors. A statistical compilation of this non-personal information may also be used and provided to others for marketing purposes, advertising or research.
  • Use of cookies:
  • Every user visiting the website might receive a single cookie. A cookie is a small file that website write to the hard disk drive of your computer when you visit them. A cookie file can contain information such as the ID that the site uses to track the pages you’ve visited. A cookie cannot read data from the hard disk drive of your computer or read cookie files created by other sites. We use cookies to keep an account of the traffic patterns of users. When you register, we use a cookie to store a unique ID. We use this ID to anonymously identify you in our database and to track the pages that you visit on the service, to determine initial usage versus repeat usage and to help target advertisements based on user interests. Cookies can also help us make adjustments to fit your interests and preferences. Some of our business partners may use cookies on the service (for example, advertisers). However, we have no access or control over these cookies. If you have installed your browser so that you receive a warning before accepting cookies, you will receive a warning for each cookie. You may refuse cookies in your browser leaving them inactive. However, Hootmobi requires cookies for access.
  • Personal information required by the Company in order to understand you and your needs:
  • We primarily know you through the information you provide when you register to access the service. The Company requests that you provide personal information to enhance your experience on the service. During the registration process, the Company asks for your name, email address, your city and country. The more accurate the information you provide, the better we can design the service for your experience. We may also request other information, at other times, such as when you enter a contest or participate in a promotion or when ordering services from Hootmobi. You can correct or change information in your profile. You can change this information at any time and as often as deemed necessary.
  • How We Share Your Information
  • The Company will not sell or rent to anyone personally identifiable user information. The Company may share your personal information only when: a) you authorize us to share this information, if at the time of registration, it was suggested to you in the data collection forms. Importantly, this is not a requirement to receive excellent service. This is completely optional, b) we need to share this information to provide you a service you have requested, c) you have been required by court order or law, or to protect the property rights or other rights of the Company. Your Personal Information may be shared with third parties, if we consider that this is necessary to prevent, investigate or take action regarding illegal activities, crime or violation of law or the terms and conditions governing our various services, d) the Company shares Personal Information to its partners, subsidiaries or affiliates that work with the Company or on behalf of the Company, under confidentiality agreements, who may use the Personal Information for marketing, advertising and research, e) we may transfer your Personal Information if the Company or the service merge or consolidate with another company. If this takes place, you will be notified of such transfer before performing it. If you have given us your Personal Information, you give your express consent for the use of your Personal Information as described above.
  • How We Protect Your Information
  • The Company has implemented commercially reasonable managerial and technical safeguards designed to protect your personal information from accidental loss or unauthorized access, use, alteration or disclosure. We cannot guarantee that unauthorized third parties may not breach these safeguards, at any time, and use your personal information improperly. We cannot guarantee the security of information transmitted to us over the Internet, and accept no liability for accidental disclosure of such information. You acknowledge that you provide your personal information at your own risk.
  • Compromise of Personal Information
  • In the event that certain personal information is compromised as a result of a breach of security, we will promptly notify the people whose personal information has been compromised, in accordance with the notification procedures set forth in this privacy policy, or as otherwise required by applicable law.
  • Choices Regarding Your Information
  • You may decline to accept how the information you provide will be used. In which case, the Company may not be able to provide you certain services.
  • Children’s Privacy
  • Protecting the privacy of children is especially important. For that reason, the Company does not knowingly collect or solicit personal information from anyone under the age of 18. If you are under 18, please do not send any personal information, including name, address, telephone or e-mail address. It is not allowed for anyone under the age of 18 to provide any personal information to the Company. In the event that we learn that we have personal information of someone under 18 without parental consent, we will terminate the account and delete all the personal information as quickly as possible. If you believe that we might have any information from anyone under 18, please contact the Compliance Department at compliance@hootmobi.com
  • Links to Other Sites
  • We are not responsible for the practices employed by website linked to our website/service or the information or contents contained therein. Please remember that when you use a link to go from the service to another website, our Privacy Policy is no longer valid. Your browsing on any other website, including those linked from the service is subject to that website’s own rules and its policies. Please read their rules and policies before proceeding.
  • Notifications
  • We may use the information you send to the website/service, or through the website/service, to send emails and other messages related to the website/service and your use of the same. We reserve the right to notify you via but not limited to email, fax, text messages or voice, written or printed notices, messages posted to your user account or notices published on www.hootmobi.com, as determined by the Company in its sole discretion. Notwithstanding the foregoing, the Company reserves the right to determine the manner and means by which we will provide notification to our customers or users of the service. By using the website/service, you agree to receive such notifications.
  • Amendments to Our Privacy Policy
  • Please note that this Privacy Policy may change from time to time. We do not limit your rights under this Policy without your explicit consent. We expect most of the changes made will be minor. We will post the changes on the service and, if they are significant, we will send a corresponding notice highlighting them, for example, a notification by email (in the case of certain services). If you have any questions about our Privacy Policy, the Company practices, or your relationship with the service, please do not hesitate to send an email to: compliance@hootmobi.com.
  • Applicable Data Protection Legislations
  • As detailed previously in this document, Hootmobi applies the General Data Protection Regulation (EU) 2016/679 to all of its global operations.