Last revised on 02/01/2020
How to contact us: You can contact us through the app to provide us your feedback or by email to email@example.com, or by letter to: HichApp Limited, Suite 241, 51 Pinfold Street, Birmingham, B2 4AY.
We will contact you in English via the HICH app, or through your email, phone or home address (if applicable). Please advise us if any of these changes.
If you do not accept the terms and agree to be bound by all of the terms of this Agreement, you may not and will not use this Service. Changes to this Agreement can and will be made over time. Reasons for doing so include changes in law and legislation, new features, or changes in business practices. The most recent version of this Agreement will be available to view on our website and upon signing up to the app. You should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of these changes by reasonable means, which could include notifications through the “Services” or via email, with the email you provide in your account. If you continue using “Services” provided by HICH after the changes become effective, then you agree to the revised Agreement.
You must be at least 13 years of age to create an account on HICH and use the Service. By creating an account and using the Service, you represent a warrant that:
HICH website contains some features of the app as well as this Agreement and the terms of our Service. Please refer to www.hichapp.com if you are unaware of the terms and conditions outlined in this Agreement. HICH also provides its Business Customers access to their data collected on HICH through our website. All actions performed on www.hichapp.com must comply with criteria outlined in this Agreement.
HICH will frequently release new features and Services to bring additional functionality that you will find engaging, useful and enjoyable. As a result we may add enhancements as well as remove functions and features to align with our overall product strategy. If these amendments affect your rights or obligations we will provide users with notifications in advance of these changes by reasonable means, which could include notifications through the “Services” or via email. If you continue using “Services” provided by HICH after the changes become effective, then you agree to the revised Agreement. If changes do not affect your rights or obligations we may not provide you with notice before enforcing the changes. You may terminate or delete your account at any time, for any reason, by visiting your User Details area of the app. HICH may terminate or delete your account at any time without notice if we believe you have violated this Agreement. Upon such termination, you will not be entitled to a refund on any in app purchase, subscriptions or continued use of any of HICH’s Service. Accounts that are terminated can never be reinstalled. The credentials of those users will be deleted and that particular user may never again use the Service provided by HICH.
Your Interaction with Other Users on HICH. HICH encourages a respectful use of its features and respect given to other users on the platform. Users are solely responsible for their actions on and off the Service provided by HICH. HICH does not encourage interaction between users if they do not wish to communicate with each other. HICH is not responsible for the conduct of any user on or off the Service. You agree to these cautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow HICH’s Safety Advice located on www.hichapp.com, prior to using the Service. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT HICH DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. HICH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. HICH RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS. ANY MISCONDUCT ON THE PLATFORM WILL RESULT IN TERMINATION OF THE PERPETRATORS ACCOUNT.
HICH provides you with a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sub-licensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits as intended by HICH and permitted by this Agreement. Henceforth, you agree not to:
The Company may investigate and take any available legal action in response to illegal and/ or unauthorised uses of the Service, including termination of your account. Use of the Service is subject to EULA and its terms and conditions. HICH grants you a nonexclusive, non-transferable, non-sublicensable, limited right and license to create an account for your personal use of the Service as provided by HICH in the manner permitted by this EULA. The rights granted herein are subject to your compliance with EULA. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
By creating an account, you grant HICH a transferable, worldwide, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorise us to access from your HICH account information as well as any information you post, upload, display or otherwise make available publicly (collectively, “post”) on the Service or transmit to other users publicly (collectively, “Content”). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection and GDPR to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorise us to install onto the Service may be viewed and analysed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other HICH users). You agree that all information that you submit upon creation of your account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to HICH above. You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service. When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account. In consideration for HICH allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services unless the user has paid for advertising material to be removed as part of a subscription package, if applicable. By submitting suggestions or feedback to HICH regarding our Services, you agree that HICH may use and share such feedback for any purpose without compensating you. You agree that HICH may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
By using the Services provided by HICH you agree that you will not perform any of the following actions:
HICH has the right to analyse your account and delete your content or terminate your account without refund of any purchases, if applicable, if it violates the terms outlined in this Agreement. Termination is justified if you misuse the Service or behave in any way that HICH deems to be unlawful, including actions or communications that occur off the Service but involves users you interact with on the Service.
HICH reserves the right to analyse and delete Content that violates the terms of this Agreement. Such Content is the personal and sole responsibility of the user that generates it. As a result HICH cannot guarantee that all Content will comply with this Agreement. HICH has measures in place to identify and delete Content that doesn’t comply with the Terms of this Agreement. These include the “Report” button giving other users the ability to notify HICH of a potential breach of Terms outlined in this Agreement. HICH is obliged to act upon a breach of Terms outlined in this Agreement within 72 hours of it first being identified. If you see Content that violates the terms and conditions of this Agreement, please report it within the Services or via firstname.lastname@example.org.
Content that has been copied and posted on the Service may infringe copyright laws. If your Content has breached copyright laws please feel free to pursue the matter and provide the customer representative agent with the following information:
Notice of claims of copyright infringement should be provided to the Company’s customer representative agent. For more information please seek advice for from UK: IPO Information Centre email@example.com Telephone: 0300 300 2000 Fax: 01633 817777 U.S: Copyright Law of the United States and Related Laws Contained in title 17 of the United States Code.
HICH OFFERS THE SERVICE ON AN “AS IS” AND “AS PROVIDED” BASIS AND TO THE EXTENT AVAILABLE BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HICH DOES NOT REPRESENT A WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, AND ERRORS IN THE SERVICE WILL BE MENDED, AND CONTENT OR INFORMATION YOU RECEIVE THROUGH THE SERVICE WILL BE ACCURATE. HICH TAKES ZERO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY CONTENT YOU RECEIVE THROUGH THE SERVICE IS VIEWED AT YOUR OWN DISCRETION AND RISK.
This Service may contain advertisement and promotions offered by third parties including links that can be used to navigate to other websites or services. HICH does not take any responsibility for the availability or lack there of such available external content or resources. If users interact with third parties they do so at their own risk and the user is then governed by the terms provided by the third party. HICH is not liable or responsible for any users interaction with third parties. HICH is not liable or responsible for such third parties terms or actions.
TO THE ENTIRE EXTENT PERMITTED BY LAW, IN NO CIRCUMSTANCE WILL HICH, ITS AFFILIATES, STAFF, EMPLOYEES, ADVISORS, BOARD MEMBERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE AND PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS OR USE OF THE SERVICE (II) YOUR INABILITY TO ACCESS OR USE OF THE SERVICE, (III) UNAUTHORISED ACCESS TO THE SERVICE OR UNAUTHORISED USE THE SERVICE OR UNAUTHORISED ALTERATION OF YOUR CONTENT, EVEN IF HICH HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CIRCUMSTANCE WILL HICH’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE PROVIDED EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO HICH FOR THE SERVICE PROVIDED WHILE YOU MAINTAIN AND OWN AN ACCOUNT OF YOURS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR OMISSION OF PARTICULAR DAMAGES AND AS A RESULT SOME OR ALL OF THE OMISSIONS MAY NOT APPLY TO YOU.
All claims, except for users residing in EU or European Economic Activity Areas, who may bring claims in their country of residence with applicable law, will occur exclusively in Courts of England and Wales or Courts of Scotland. All other claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the Courts of England and Wales or the Courts of Scotland and you and HICH consent to personal jurisdiction in these courts.
You hereby grant HICH, to the extent permitted under applicable law, to indemnify, defend and hold harmless HICH, our affiliates, and their and our respective officers, directors, agents, employees, staff and advisors from and against any and all demands, complaints, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your creation of a HICH account, your use of the Service, the Content shown on the Service, your own Content, or your breach of this Agreement.
HICH is a polling and voting platform. Users are encouraged to post polls on a wide variety of topics. However you may not post polls comparing users in a manner that can be deemed as bullying or incite negative judgement on the person in question without their opinion whether posting anonymously or with your account visible. HICH has a zero tolerance policy to bullying or judgement of people in a negative manner without consent of the person in question. You may not use the service to incite bullying or judgment of people without their permission. This coincides with what you may post outlined in Section 9. HICH reserves the right to terminate accounts of users that compare people in ways that breach the Terms of this Agreement. Users also have the right to notify HICH of people that breach this term or by “reporting abuse” (“Report”) on the Service.
Company Number: 10903603
A Private Limited Company registered in England and Wales
Registered office address: Suite 241, 51 Pinfold Street, Birmingham, B2 4AY
© 2019 HichApp Limited. All rights reserved