Website Terms and Conditions of Use

INTRODUCTION

These terms of use apply to the use of this and other hivve websites. They essentially say that you must behave appropriately and responsibly whilst using the hivve websites.  The hivve privacy policy sets out how we use data relating to you and it forms a part of these terms of use. Our privacy policy can be found on our website here. These terms were last updated on 7th February 2023.

ABOUT THE WEBSITE AND THESE TERMS OF USE

hivve.tech, vvimpacttracker.com, vvimpacttracker.com.au and TrackImpact.org (the “Websites”) are websites and online stores (as applicable) owned and operated by hivve Group Ltd. A company registered in England and Wales under Company Number 6949326 with its registered office at Albany House, Georgian Heights, Bourne End, Bucks, SL8 5NJ, United Kingdom (“hivve”, “we”, “us” or “our”).

These terms of use apply to all use of the Websites and form a legal agreement between you and hivve.

By using the Website you are confirming that you understand and accept (and are able to understand and accept) these terms of use, and that you agree to be bound by them. If you are under the age of 18 or don’t understand these terms of use, please ask a parent or guardian to explain their meaning to you. You must not use the Websites if you are under 13.

We may make alterations to these terms of use from time to time.

 

RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS

Subject to these terms of use, you may use the Websites solely for your personal non-commercial use to:

• view pages from our Websites in a web browser;
• download pages from our Websites for caching in a web browser;
• print pages from our Websites;
• stream audio and video files from our Websites; and
• use our Websites’ services by means of a web browser.

Use of our products and services marketed through our Websites may be subject to additional terms and conditions which will be notified to you before you begin using them.

Unless otherwise specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in the Websites belong to and vest in us, or are licensed to us.

Unless you own or control the relevant rights in the material, you must not sell, rent or sub-license material from our Websites or exploit material from our Websites for a commercial purpose;

Notwithstanding the above, you may redistribute our newsletter to any person provided that you have obtained their consent to do so.

We reserve the right to restrict access to areas of our Websites, or indeed the whole of any of our Websites, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Websites.

All third party trade names and trade marks are the property of their respective owners and we make no warranty or representation in relation to them.

RESTRICTIONS AND OBLIGATIONS

You agree to comply with these terms of use and all rules applicable to the use of the Websites.

You will not:

• hack, modify, reverse engineer or create derivative works of the Websites or any part of any of them;
• use our Websites in any way or take any action that causes, or may cause, damage to the Websites or impairment of the performance, availability or accessibility of the Websites;
• use our Websites in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
• use our Websites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;>
• conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Websites without our express written consent;
• access or otherwise interact with our Websites using any robot, spider or other automated means;
• violate the directives set out in the robots.txt file for our Websites;
• gain unauthorised access to any part of any of the Websites;
• remove, modify or obscure any copyright, trade mark or other proprietary notices on any of the Websites;
• create software which replicates or mimics the data or functionality in any of the Websites;
• use your access to the Websites for the sending of direct marketing (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) or otherwise use data collected from our Websites to contact individuals, companies or other persons or entities;
• make any part of any of the Websites available to a third party who does not agree to these terms of use;
• copy or exploit any part of any of the Websites or the content they contain other than as expressly permitted by these terms of use;
• use the Websites or any part of any of them it unfairly or for any illegal or immoral purpose; or
• attempt to do any of the acts listed above.

 

COMMUNICATIONS

The Websites may enable the display of your own or third party content (“User Content”) without review or moderation. The Websites are therefore merely a conduit of User Content.

The views expressed in any User Content are the views of the individual authors and not those of hivve unless specified otherwise by hivve.

We disclaim all liability in respect of any comments, views or remarks expressed in any User Content.

By using any of the Websites you acknowledge that hivve has no responsibility to review the content of any User Content and that all User Content is made available on the basis that hivve is not required to exercise any control or judgement over User Content.

If you submit data, messages, audio, video, textual or other content through any of the Websites such as through a discussion forum, comments on a blog post, or otherwise then:

• you grant us a sub-licensable, perpetual, irrevocable, non-exclusive licence to use and make available any User Content which you submit, worldwide in connection with any of the Websites; and
• you agree to comply with our User Content Guidelines as set out in Schedule 1.

IT IS A KNOWN RISK OF INTERNET USAGE THAT PEOPLE ARE NOT NECESSARILY WHO THEY SAY THEY ARE. PEOPLE MAY PROVIDE INFORMATION OR BEHAVE IN A WAY THAT IS UNRELIABLE, MISLEADING, UNLAWFUL OR ILLEGAL. HIVVE HAS NO WAY OF TELLING IF STATEMENTS MADE BY OTHER USERS ARE TRUE. YOU SHOULD THEREFORE EXERCISE SOME DEGREE OF CAUTION WHEN USING ANY WEBSITE. BY USING WEBSITES YOU ACCEPT THAT YOU USE THE WEBSITES AT YOUR OWN RISK.

 

LIABILITY

hivve provides and maintains the Websites on an “as is” basis and is liable only to provide its services with reasonable skill and care.

External Sites have not been verified or reviewed by hivve and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which any of the Websites link.

hivve gives no other warranty in connection with any of the Websites or its content or any External Sites and to the maximum extent permitted by law, hivve excludes liability for:

• any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which hivve has been made aware;
• the accuracy, currency or validity of information and material contained within any User Content or any of the Websites;
• any interruptions to or delays in updating the Websites;
• any incorrect or inaccurate information on the Websites;
• the infringement by any other person of any copyright or other intellectual property rights of any third party through any User Content or use of the Websites;
• the availability, quality, content or nature of External Sites;
• any transaction taking place on External Sites;
• any transaction with any third party retailer taking place on the Websites;
• any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by any other person accessing, using or downloading the Websites or any part of any of them, or any User Content; and
• all representations, warranties, conditions and other terms and conditions which but for this notice would have effect including without limitation any implied warranty of satisfactory quality or fitness for purpose.

hivve does not warrant that the operation of the Websites will be uninterrupted or error free.

hivve will not be liable in any amount for failure to perform any obligation under these terms of use if that failure is caused by the occurrence of an event beyond its reasonable control.

Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.

You agree not to use the Websites in any way which is:

• unlawful;
• may give rise to civil or criminal liability for hivve; or
• which might call hivve into disrepute.

hivve does not warrant that the operation of the Website will be uninterrupted or error free.

hivve will not be liable in any amount for failure to perform any obligation under these terms of use if that failure is caused by the occurrence of an event beyond its reasonable control.

Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.

You agree not to use the Website in any way which is:

• unlawful;
• may give rise to civil or criminal liability for hivve; or
• which might call hivve into disrepute.

 

TERMINATION

Without limiting any other rights it may have, we may cancel or suspend access to all or some of the Websites if you breach any of these terms of use.

GENERAL

These terms of use are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These terms of use will not exclude or limit hivve’s liability for death or personal injury resulting from its negligence nor any fraudulent acts or representations.

These terms of use and the terms referred to herein, including our privacy policy, constitute the entire agreement between you and hivve relating to your use of the Websites, to the exclusion of any other terms.

Failure to enforce any term does not constitute a waiver of that term.

If any part of these terms of use is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.

The Websites are intended for and directed at the United Kingdom. No representation or warranty is made as to whether the Websites comply with the laws of any other country.

These terms of use are subject to the laws of England and the parties submit to the exclusive jurisdiction of the English courts.

We will be entitled to assign and otherwise transfer the agreement covered by these terms of use by giving you reasonable notice, which may include notice given via the respective Website.

All questions, comments or enquiries should be directed to us. We will try to respond within 48 hours.

 

hivve Group Ltd

Albany House

Georgian Heights

Bourne End

Bucks, SL8 5NJ

United Kingdom

44 (0) 203 991 2100

 

USER CONTENT GUIDELINES

You agree and undertake that you will not post, communicate, transmit or make available to or through any of the Websites any User Content, statement, material, communication or other content which:

• is unlawful or which gives rise to civil or criminal liability;
• infringes the intellectual property rights of any third party;
• is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;
• is abusive, seditious, sexist, pornographic, homophobic, defamatory, libellous, discriminatory, obscene or racist;
• harasses any person;
• may be deemed a marketing or commercial communication or promotes the products or services of any person;
• contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
• solicits, promotes, invites, encourages, advocates, incites or provokes any or all of the foregoing.

You shall ensure that all the information you supply to us through any of the Websites, or in relation to any of the Websites, is true, accurate, current, complete and non-misleading.

You further agree that in any activity you undertake during or in relation to the Websites you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call us or the Websites into disrepute.

You authorise us to remove, restrict, suspend or alter any of your User Content for any reason, in our sole and absolute discretion, including but not limited to User Content which conflicts with the terms of these User Content Guidelines or is otherwise inconsistent with these Website Terms and Conditions of Use.

If you discover User Content which you believe contravenes these Website Terms and Conditions of Use or is otherwise objectionable please notify us at hello@hivve.tech.