This privacy notice provides you with details of how we collect and process your
personal data through your use of our site www.hmoheaven.co.uk and
www.renttorentkickstarter.co.uk. By providing us with your data, you warrant to us
that you are over 13 years of age.
Stephanie Taylor and Nicola Taylor, HMO Heaven [is/am/are] the data controller and we
are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy
2. WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON
WHAT GROUND WE PROCESS IT
Personal data means any information capable of identifying an individual. It does not
include anonymised data.
We may process the following categories of personal data about you:
➢ Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
➢ Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
➢ User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business.
Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
➢ Technical Data that includes data about your use of our website and online services such as
your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
➢ Marketing Data that includes data about your preferences in receiving marketing from us and
our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy. We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
We do not collect any Sensitive Data about you. Sensitive data refers to data that
includes details about your race or ethnicity, religious or philosophical beliefs, sex life,
sexual orientation, political opinions, trade union membership, information about your
health and genetic and biometric data. We do not collect any information about criminal
convictions and offences.
3. HOW WE COLLECT YOUR PERSONAL DATA
We may collect data about you by you providing the data directly to us (for example by
filling in forms on our site or by sending us emails). We may automatically collect certain
data from you as you use our website by using cookies and similar technologies. Please
We may receive data from third parties such as analytics providers such as Google
based outside the EU, advertising networks such as Facebook based outside the EU,
such as search information providers such as Google based outside the EU, providers of
technical, payment and delivery services, such as data brokers or aggregators.
We may also receive data from publicly available sources such as Companies House
and the Electoral Register based inside the EU.
4. MARKETING COMMUNICATIONS
Our lawful ground of processing your personal data to send you marketing
communications is either your consent or our legitimate interests (namely to grow our
Under the Privacy and Electronic Communications Regulations, we may send you
marketing communications from us if (i) you made a purchase or asked for information
from us about our goods or services or (ii) you agreed to receive marketing
communications and in each case you have not opted out of receiving such
communications since. Under these regulations, if you are a limited company, we may
send you marketing emails without your consent. However you can still opt out of
receiving marketing emails from us at any time.
Before we share your personal data with any third party for their own marketing
purposes we will get your express consent.
You can ask us or third parties to stop sending you marketing messages at any time [by
logging into the website and checking or unchecking relevant boxes to adjust your
marketing preferences] OR [by following the opt-out links on any marketing message
sent to you or] OR by emailing us at firstname.lastname@example.org at any time].
If you opt out of receiving marketing communications this opt-out does not apply to
personal data provided as a result of other transactions, such as purchases, warranty
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below:
➢ Other companies who provide services to us.
➢ Service providers who provide IT and system administration services.
➢ Professional advisers including lawyers, bankers, auditors and insurers
➢ Government bodies that require us to report processing activities.
➢ Third parties to whom we sell, transfer, or merge parts of our business or our assets.
We require all third parties to whom we transfer your data to respect the security of your
personal data and to treat it in accordance with the law. We only allow such third parties
to process your personal data for specified purposes and in accordance with our
6. INTERNATIONAL TRANSFERS
Countries outside of the European Economic Area (EEA) do not always offer the same
levels of protection to your personal data, so European law has prohibited transfers of
personal data outside of the EEA unless the transfer meets certain criteria.
Many of our third parties service providers are based outside the European Economic
Area (EEA) so their processing of your personal data will involve a transfer of data
outside the EEA.
Whenever we transfer your personal data out of the EEA, we do our best to ensure a
similar degree of security of data by ensuring at least one of the following safeguards is
➢ We will only transfer your personal data to countries that the European Commission have
approved as providing an adequate level of protection for personal data by; or ➢ Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or
➢ If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to
them, as they have equivalent safeguards in place.
If none of the above safeguards is available, we may request your explicit consent to the
specific transfer. You will have the right to withdraw this consent at any time.
7. DATA SECURITY
We have put in place security measures to prevent your personal data from being
accidentally lost, used, altered, disclosed, or accessed without authorisation. We also
allow access to your personal data only to those employees and partners who have a
business need to know such data. They will only process your personal data on our
instructions and they must keep it confidential.
We have procedures in place to deal with any suspected personal data breach and will
notify you and any applicable regulator of a breach if we are legally required to.
8. DATA RETENTION
We will only retain your personal data for as long as necessary to fulfil the purposes we
collected it for, including for the purposes of satisfying any legal, accounting, or reporting
When deciding what the correct time is to keep the data for we look at its amount, nature
and sensitivity, potential risk of harm from unauthorised use or disclosure, the
processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes the law requires us to keep basic information about our customers
(including Contact, Identity, Financial and Transaction Data) for six years after they stop
In some circumstances we may anonymise your personal data for research or statistical
purposes in which case we may use this information indefinitely without further notice to
9. YOUR LEGAL RIGHTS
Under data protection laws you have rights in relation to your personal data that include
the right to request access, correction, erasure, restriction, transfer, to object to
processing, to portability of data and (where the lawful ground of processing is consent)
derivative works of such User Content through multiple tiers of distribution in any and all
media now known or hereafter invented (including, without limitation, the right to conform
it to the requirement of any networks, devices, services, or media through which the Site
or Services are available). Company will not pay you any compensation for the use of
your User Content as provided herein. We are under no obligation to post or use any
User Content you may provide and may remove User Content at any time in our sole
discretion. You agree that Company may publish or otherwise disclose your name in
connection with your User Content. By posting User Content on the Site or Service, you
warrant and represent that you own the rights to the User Content or are otherwise
authorize to post, distribute, display, perform, transmit, or otherwise distribute User
Except as otherwise set forth herein, you retain ownership of all intellectual property
rights in your User Content, and Company and/or third parties retain ownership of all
intellectual property rights in all Content other than User Content. You retain ownership
of any intellectual property, URLs, and/or domain names you use or post or Service.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Content or Service, you agree to obey the law and
to respect the intellectual property rights of others. Your use of the Service, Content and
Site is at all times governed by and subject to laws regarding intellectual property
ownership. You agree not to upload, download, display, perform, transmit, or otherwise
distribute any information or content in violation of any third party’s copyrights,
trademarks, or other intellectual property or proprietary rights. You agree to abide by
laws regarding intellectual property ownership and use, and you shall be solely
responsible for any violations of any relevant laws and for any infringements of third
party rights caused by any content you provide or transmit, or that is provided or
transmitted using your user name. The burden of proving that any content does not
violate any laws or third party rights rests solely with you.
All trademarks, service marks, trade names and copyrights displayed on the Site or in
the Content are proprietary to us or their respective owners.
You agree not to upload, download, display, perform, transmit, or otherwise distribute
any material or content that (i) is libelous, defamatory, obscene, pornographic, abusive,
or threatening; or (ii) advocates or encourages conduct that could constitute a criminal
offense, give rise to civil liability, or otherwise violate any applicable local, state, national,
or foreign law or regulation or this Agreement. Company reserves the right to terminate
your receipt, transmission or other distribution of any such material or content using the
Service, and, if applicable, to delete any such material or content from its servers.
Company intends to cooperate fully with any law enforcement officials or agencies in the
investigation of any violation of this Agreement or of any applicable laws.
Company reserves the right, but does not assume the obligation, to monitor transactions
and communications that occur through the Site and Service. If Company determines, in
its sole and absolute discretion, that a user has or will breach a term or condition of this
Agreement or that such transaction or communication is inappropriate, Company may
cancel such transaction or take any other action to restrict access to or the availability of
any material or content that may be considered objectionable, without any liability to you
or any third party.
Company has in place certain legally mandated procedures regarding allegations of
copyright infringement occurring on the Site, in the Content or with the Service.
Company has adopted a policy that provides for the immediate suspension or
termination of any Site or Service user who is found to have infringed on the rights of
Company or a third party, or otherwise violated any intellectual property laws or
regulations. Company’s policy is to investigate any allegations of copyright infringement
brought to its attention. If you have evidence, know, or have a good faith belief that your
rights or the rights of a third party have been violated and you want Company to delete,
edit or disable the material in question, you must provide Company with all of the
A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; c. Identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; d. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and e. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the Company’s designated agent at:
Services will be provided by:
Stephanie Taylor & Nicola Taylor, HMO Heaven (hmoheaven.co.uk and
Pembroke House, Llantarnam Park Way, Cwmbran, Torfaen, United Kingdom, NP44
Effective Date: April 21, 2016
Company reserves the right to suspend or terminate your use of any Service or the
Content or Site. To ensure that Company provides a high quality experience for you and
for other users of the Site, Content and Service, you agree that Company or its
representatives may access your account and records on a case-by-case basis to
investigate complaints or allegations of abuse, infringement of third party rights or other
unauthorized uses of the Site, Content or Service. Company does not intend to disclose
the existence or occurrence of such an investigation unless required by law, but
Company reserves the right to suspend or terminate your account or your access to the
Site immediate, with or without prior notice to you, and without liability to you, if
Company believes that you have violated any of this Agreement, furnished Company
with false or misleading information, or interfered with use of the Site, Content or the
Service by others.
FULL POWER AND AUTHORITY
You represent and warrant that: (i) you have the full power and authority to enter into
and perform under this Agreement; (ii) execution and performance of this Agreement
does not constitute a breach of, or conflict with, any other agreement or arrangement by
which you are bound; (iii) the terms of this Agreement are legal, valid, and binding
obligation, enforceable against you; (iv) all content you create to promote Company, its
Site, the Content or Service was created without any contribution of any kind from
Company including, without limitation, editorial control or approval, that any suggestions
regarding content received from Company are made ‘as-is’ and without any warranty;
and that you have had all marketing materials created by you reviewed by competent
legal counsel and solely assume all responsibility for it; (v) you are at least 18 years of
age, (vi) your use of the Site and Content is legal in, and does not violate any laws or
rules of, the jurisdictions in which you reside or from which you use or otherwise access
the Site, (vii) all information (if any) provided by you to us is correct, (viii) your use of the
Site, Content and Services shall be in accordance with this Agreement and your Affiliate
Agreement and the Policies and Procedures of Company if you are an affiliate and (ix)
you are capable of assuming, and do assume, any risks related to the use of the Site,
Content and Services.
DISCLAIMER OF WARRANTIES
COMPANY HEREBY MAKES NO REPRESENTATIONS, AND DISCLAIMS ALL
WARRANTIES, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE
CONTENT AND THE SERVICE. THIS INCLUDES, WITHOUT LIMITATION, ANY AND
ALL WARRANTIES EXPRESS AND IMPLIED, THE WARRANTIES OF
NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE; THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE
OF DEALING; ANY LIABILITY WITH REGARD TO THE SITE, CONTENT AND
SERVICES; AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL
CONTENT, SERVICES, SOFTWARE AND PRODUCTS ARE PROVIDED ‘AS IS,’
‘WITH ALL FAULTS,’ AND ‘AS AVAILABLE.’ WE DISCLAIM ALL WARRANTIES,
YOUR USE OF THE SITE, SERVICE AND CONTENT IS AT YOUR SOLE RISK.
ALTHOUGH OUR CONTENT MAY BE UPDATED FROM TIME TO TIME, IT MAY BE
OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL
ERRORS. WE ARE NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE (FOR
ANY REASON) TO ACCESS THE SITE OR CONTENT OR OTHERWISE USE OR
RECEIVE INFORMATION OR SERVICE FROM OR REGARDING THE SITE,
CONTENT, OR YOUR PURCHASES FROM US. WE DO NOT WARRANT THAT THE
SITE OR SERVICE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE
SYSTEMS OR THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR
YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR
INABILITY TO USE, THE SITE OR SERVICE.
WE ARE NOT RESPONSIBLE OR LIABLE FOR MAINTAINING ANY CONSUMER
DATA OR FOR THE DELETION, CORRUPTION, DESTRUCTION, DAMAGE, LOSS
OR FAILURE OF ANY CONSUMER DATA OR FOR ANY THIRD PARTY ACCESS TO
ANY CONSUMER DATA.
WE MAKE NO WARRANTY OR REPRESENTATION AS TO THE LEVEL OF
SUCCESS, IF ANY, INDIVIDUALS MAY ACHIEVE BY USING ANY OF OUR SERVICE.
INDIVIDUAL RESULTS MAY VARY AND DEPEND ON MANY FACTORS INCLUDING
AN INDIVIDUAL’S SPECIFIC FINANCIAL SITUATION, EFFORTS AND ACTIONS. YOU
SHOULD SEEK THE ADVICE OF QUALIFIED PROFESSIONALS SUCH AS AN
ACCOUNTANT, ATTORNEY AND/OR PROFESSIONAL ADVISOR FOR SPECIFIC
ADVICE FOR YOUR BUSINESS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATED
PARTIES SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
CONTENT, THE SITE, THE SERVICE, OR INFORMATION RELATED TO THE SITE
OR SERVICE, AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR LITIGATION), (I)
ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE
UPON THE CONTENT OR OUR PRODUCTS OR SERVICE, (II) ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR
CONTENT, OR WITH THE DELAY OR INABILITY TO USE THE SITE, CONTENT, OR
RELATED SERVICE, OR FROM THE USE OR MISUSE OF ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES, RELATED GRAPHICS, AND CONTENT
OBTAINED THROUGH THE SITE, (III) ANY INCORRECT OR MISSING INFORMATION OR DATA, OR (IV)
OTHERWISE ARISING OUT OR RESULTING FROM LOSS OF YOUR DATA OR
INFORMATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR
MAXIMUM LIABILITY, IF ANY, FOR ANY LOSS OR DAMAGE RELATING TO OR
ARISING OUT OF YOUR USE OF THE SITE OR ANY CONTENT WILL NOT EXCEED
THE LESSER OF YOUR ACTUAL DAMAGES OR THE CHARGES PAID BY YOU TO
US FOR THE SITE FOR A PERIOD OF TWO MONTHS.
WE ARE NOT RESPONSIBLE FOR INTERRUPTED, INACCESSIBLE OR
UNAVAILABLE NETWORKS, SERVERS, SATELLITES, INTERNET SERVICE
PROVIDERS, WEBSITES, OR OTHER CONNECTIONS, OR FOR
MISCOMMUNICATIONS, FAILED, JUMBLED, SCRAMBLED, DELAYED, OR
MISDIRECTED COMPUTER, TELEPHONE OR CABLE TRANSMISSIONS, OR FOR
ANY TECHNICAL MALFUNCTIONS, FAILURES OR DIFFICULTIES.
THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE
FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY
KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY
CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT
THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF
THE INCOME DISCLOSURE POSTED ON OUR WEBSITE IS INCORPORATED
HEREIN BY REFERENCE AND YOU HEREBY REPRESENT THAT YOU HAVE READ
AND UNDERSTAND IT.
This Website is owned and operated by HMO Heaven (Rolyat Property Services
its owners, officers, directors, employees, contractors, subsidiaries, affiliates, licensors,
service providers, and agents (hereinafter “HMO Heaven”) are NOT financial or legal
advisors, and nothing contained on this Website or delivered as part of the products or
services sold by HMO Heaven, Renttorentkickstarter or its affiliates is intended to be
financial or legal advise.
Furthermore, the services, strategies, information, and/or products offered on this
Website, through the membership or coaching programs, and/or elsewhere are not to be
interpreted as a promise or guarantee of earnings or any specific result.
The education and information presented by HMO Heaven is intended for a general
audience and does not purport to be, nor should it be construed as, specific financial,
legal, or other advice tailored to any individual. You are encouraged to discuss any
opportunities with your attorney, accountant, financial professional, or other advisor.
In fact, your personal level of success in attaining the results from using our information,
strategies, and/or products totally depends upon your own individual circumstances, the
effort you devote to your own financial success, the ideas and techniques used, your
finances, the various strategies that your financial, legal, and other advisors may have
suggested that you implement, your knowledge, and various other skills. Since these
factors differ among each individual, we cannot guarantee your success or income level,
nor are we responsible for any of your actions.
Any and all forward-looking statements on this web site, membership program, and/or in
any of our products are intended to express our opinion of the earnings potential that
some people may achieve. To the extent that we included any case studies or
testimonials on this site, you can assume that none of these stories in any way represent
the “average” or “typical” customer experience.
HMO Heaven may receive compensation as a result of purchases from service providers
or vendors that are recommended from this Website and/or otherwise from HMO
YOU AGREE AND UNDERSTAND THAT HMO HEAVEN IS NOT RESPONSIBLE FOR
YOUR SUCCESS OR FAILURE AND MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER THAT OUR PRODUCTS OR SERVICES
WILL PRODUCE ANY PARTICULAR RESULT FOR YOU.
Company has no control over, and no liability for, any third party sites or materials (‘Third
Party Sites’). Company works with a number of partners and affiliates whose Internet
sites may be linked with the Site. Because Company has no control over the content and
performance of these Third Party Sites, Company makes no guarantees about the
accuracy, currency, content, or quality of the information provide by such Third Party
Sites, and Company assumes no responsibility for unintended, objectionable,
inaccurate, misleading, or unlawful content that may reside on those Third Party Sites.
Similarly, from time to time in connection with your use of the Site, you may have access
to content items (including, but not limited to, websites) that are owned by third parties.
You acknowledge and agree that Company makes no representations, warranties or
guarantees about, and assumes no responsibility for, the accuracy, currency, content, or
quality of this Third Party Sites, and that, unless expressly provided otherwise, this
Agreement shall govern your use of any and all Third Party Sites.
Your linking to such Third Party Sites is at your own risk. We do not investigate, monitor,
or check such Third Party Sites for accuracy or completeness. We are not responsible
for the availability of these Third Party Sites, nor are we responsible for the aesthetics,
appeal, suitability to taste or subjective quality of informational content, advertising,
products or other materials made available on or through such Third Party Sites. We are
providing these links to you only as a convenience and may discontinue providing such
links at any time in our sole discretion without notice to you. No endorsement of any third
party content, information, data, opinions, advice, statements, goods, services or
products is expressed or implied by any information, material or content of any Third
Party Site contained in, referred to, included on, or linked from or to, the Site. Under no
circumstances shall we or any affiliated providers be held responsible or liable, directly
or indirectly, for any loss, injury, or damage caused or alleged to have been caused to
you in connection with the use of, or reliance on, any content, information, data,
opinions, advice, statements, goods, services, or products available on such Third Party
You should direct any concerns to the respective Third Party Site’s administrator
or webmaster. Any links to Third Party Sites do not imply that we are legally authorized
to use any trademark, trade name, logo or copyright symbol displayed in or accessible
through such links, or that any linked Third Party Site is authorized to use any
trademark, trade name, logo or copyright symbol of ours.
Company, its managers, or members may receive an affiliate commission when you
purchase some of the products or services that we recommend on our Site or Service.
By entering into this Agreement, you acknowledge that you have been informed of such
payments, consent to payments of affiliate commission, and agree that such payments
are fair and reasonable.
You agree that Company may suspend or terminate your use of the Site or Service, in its
sole discretion, including without limitation, if Company believes, in our sole and
absolute discretion, that you have breached any term of this Agreement or, if you are an
affiliate with Company, your Affiliate Agreement or Company’s Policies and Procedures.
You acknowledge and agree that Company shall not be liable to you or any other party
for said suspension and termination.
Upon termination, your license to use the Site, Content or Service and everything
accessible by or through the Site, Content or Service shall terminate and the remainder
of this Agreement shall survive indefinitely unless and until we chose to terminate it.
Upon termination of any part of this Agreement for any reason, we shall make
reasonable efforts to ensure that your User Content is inaccessible and cease use of it;
however, you acknowledge and agree that: (i) caching of, copies of, or references to the
User Content may not be immediately removed or possible to remove; (ii) such removed
User Content may continue in backups (not available to others) for a relatively short
period of time; and (iii) due to re-blogging capabilities, such removed User Content may
continue to be available (and stored on our servers) through the accounts of other
All notices required or permitted to be given under this Agreement will be in writing and
delivered to the other party by any of the following methods: (i) U.K. Mail, (ii) overnight
courier, or (iii) electronic mail. If you give notice to us, you must use the following
address: HMO Heaven, Pembroke House, Llantarnam Park Way, Cwmbran, Torfaen,
United Kingdom, NP44 3AU. If Company provides notice to you, Company will use the
contact information provide by you to us. All notices will be deemed received as follows:
(A) if delivery by U.K. mail, seven business days after dispatch, (B) if by overnight
courier, on the date receipt is confirmed by such courier service, or (C) if by electronic
mail, 24 hours after the message was sent, if no ‘system error’ or other notice of non-
delivery is generated. If applicable law requires that a given communication be ‘in
writing,’ you agree that email communication will satisfy this requirement.
You agree to indemnify, defend, and hold Company, its managers, members, officers,
directors, employees, consultants, agents, and representatives harmless from and
against any and all actions, claims, demands, proceedings, liabilities, damages,
judgments, settlements, fines, penalties, costs, and expenses, including attorney’s fees
and related costs, which (i) arise or in part from your negligence or wrongful act(s) or
omission(s); (ii) arise from or are related to a breach you have any express warranty
contained herein; or (iii) failure to comply with this Agreement. We have no duty to
reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising
out of, this Agreement, the Site, Content or Service, or your access to or use of the Site,
Content or Service.
If an action is brought against Company in respect to any allegation for which indemnity
may be sought, Company will promptly notify you of any such claim of which it becomes
aware and will: (i) provide reasonable cooperation to you at your expense in connection
with the defense or settlement of any such claim; and (ii) be entitled to participate at its
own expense in the defense of any such claim.
Company agrees that you will have sole and exclusive control over the defense and
settlement of any such third party claim. However, you agree not to acquiesce to any
judgment or enter into any settlement that adversely affects Company’s rights or
interests without the prior written consent of Company.
This Agreement shall be construed in accordance with and governed by the laws of the
United Kingdom, without reference to their rules regarding conflicts of law. You hereby
irrevocably consent to the exclusive jurisdiction of the state or federal courts in Kent in all
disputes arising out of or related to the use of the Site, Content or Service. In the event
of a dispute between an affiliate and Company arising from or relating to the Agreement,
or the rights and obligations of either party, the parties shall attempt in good faith to
resolve the dispute through confidential, non binding mediation as more fully described
in the Policies and Procedures. Company shall not be obligated to engage in mediation
as a prerequisite to disciplinary action against an Affiliate. If the parties are unsuccessful
in resolving their dispute through mediation, the dispute shall be settled totally and finally
by arbitration as more fully described in the Policies and Procedures.
Notwithstanding the foregoing, either party may bring an action before the courts
seeking a restraining order, temporary or permanent injunction, or other equitable relief
to protect its intellectual property rights, including but not limited to customer and/or
affiliate lists as well as other trade secrets, trademarks, trade names, patents, and
copyrights. The parties may also seek judicial enforcement of an arbitration award. You
waive any requirement of posting a bond in connection with such an action brought
licensors or other similar entities, may have under trade secret, copyright, patent,
trademark or other laws.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in
this Agreement to be unenforceable, all other terms and conditions will remain
unaffected and in full force and effect. No waiver of any breach of any provision of this
Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of
the same or any other provisions hereof, and no waiver shall be effective unless made in
writing and signed by an authorized representative of the waiving party.
Company may, in its sole discretion and without prior notice, (i) revise this Agreement;
(ii) modify the Site, Content or the Service, and (iii) discontinue the Site, Content or
Service at any time for any reason. Company shall post any revision to this Agreement
to the Site, and the revision shall be effective immediately upon such positing. In the
event of substantive changes to this Agreement, the new terms will be posted to the
Site. If any modification is unacceptable to you, your only recourse is not to use the Site
and Service and to request an immediate termination of your membership. Your
continued use of the Site, Content or the Service following positing of a change notice or
new Agreement on the Site will constitute binding acceptance of the changes.
This Agreement will be binding upon each party hereto and its successors and permitted
assigns. This Agreement will not be assignable or transferable by you without
Company’s prior written consent. This Agreement, and the related policy statements
referred to herein, contains the entire understanding of the parties regarding use of the
Site, Content and Service, and supersedes all prior and contemporaneous agreements
and understandings between the parties regarding the same. Any rights not expressly
granted herein are reserved. No agency, partnership, joint venture or employee-
employer relationship is intended or created by this Agreement. The provisions of this
Agreement addressing disclaimers of representations and warranties, indemnity
obligations, intellectual property and governing law shall survive the termination of this
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY THE