Homellio’s Legal Statement
Table of contents
Section One – Terms & Conditions
Article 1: Particulars of Homellio’s Operation
Article 2: Use of the Homellio Website
Article 3: Content of the Homellio Website
Article 4: Intellectual Property Rights
Article 5: Restrictions on Using the Homellio Website
Article 6: Disclaimers and Limitation of Liability
Article 7: Corporate Promotion
Article 8: Cancellation Policy
Article 9: Dispute Resolution and Governing Law
Article 10: General Matters
Section Two – Privacy Notice
Article 13: Children and Minors
Article 14: Collection of Personal Information
Article 15: Purpose and Treatment of Personal Information
Article 16: Disclosure of Personal Information
Article 17: User Consent and Homellio’s Knowledge
Article 18: Personal Information for Marketing Purposes
Article 19: Cookie Compliance
Article 20: Protection of Personal Information
Article 21: Links to Third-Party Websites
Article 22: Control of Personal Information
Article 23: Removal of Personal Information
Article 24: Changes to Homellio’s Privacy Notice
Article 25: Contacting Homellio About Privacy Concerns
Section Four – Copyrights and Trademarks
Section One – Terms & Conditions
This section outlines the Terms and Conditions stipulated by Homellio Limited (trading as “Homellio” and including its holding companies, subsidiaries, assignees, affiliates, associates and/or brands), registered in Companies House, under the Incorporation Certification of 12224112, in England and Wales as a Limited Liability Company at c/o Blackstone Legal, The Old Courthouse, Hughenden Road, High Wycombe HP13 5DT, Buckinghamshire, England, United Kingdom. Homellio is fully authorised by the HM Revenues and Customs to trade as a business entity and conduct commercial activities, as defined herein, under the VAT registration of 338742968. The use of Homellio product (the “website”) and its functions (the “services”) is governed by – but not limited to – the Terms and Conditions outlined herein, which are applicable, and without limitation, to the three user groups outlined below (individually “party”; collectively “parties”):
Members: This user group includes, but is not limited to, manufacturers, distributors and both wholesale and retail suppliers of home furnishings, decors, appliances, building materials and other related products; and professionals in architecture, design, construction, renovation, landscaping and other associated fields. Members’ primary objective of joining the website’s database is to promote their businesses and expertise; therefore, in accordance with the Terms and Conditions, all Members are classified as “service providers”, which are further categorised into “fee-paying service providers” and “non-fee-paying service providers”, depending upon the subscription package chosen by the individual Member, as per Clause 1.2.
Visitors: This user group consists of, but is not limited to, homeowners, developers, planners, landscapers, dealers, agents, educational and/or vocational establishments, teachers and students in architecture, design, art, landscaping and other relevant areas of study, together with any potential, random and casual Internet traffic to the website. As the primary purpose of Visitors utilising this website is to either identify suitable Members to execute their desired home improvement assignments or to look for any relevant information, connections and/or inspirations, as per the Terms and Conditions herein, all Visitors are thus designated as “non-fee-paying service seekers”. Based on current Homellio policy, Visitors can freely access the website without registering or paying, but must observe the relevant Terms and Conditions governing their uses.
Advertisers: This user group refers specifically to those organisations and/or individuals that have already purchased, or are considering to acquire, available spaces on Homellio’s website in order to advertise their businesses, services, products, concepts and/or events to Members, Visitors and any other types of Internet traffic to the website. Such advertisements typically take place in the form of banners and blocks, whose dimensions are pre-determined by Homellio. In accordance with the Terms and Conditions herein, this particular group is known as “lead promoters”. See end of Clause 1.2 for additional supplementary details.
ARTICLE 1: PARTICULARS OF HOMELLIO’S OPERATION
1.1 General Background: Homellio serves only as an information station providing an Internet-based platform, which contains a search engine and a growing database of various home improvement resources, designed for Members to promote their services and/or products in order to attract and generate businesses from Visitors, simultaneously allowing Visitors to seek, evaluate and appoint suitably qualified Members to undertake and complete their home improvement assignments (the “project”). Homellio is not involved in any project’s communication, negotiation and execution process, as this remains the sole responsibilities of the Members and Visitors involved. As such, Homellio is not liable for any issues and/or disputes which might arise during the dealings of these parties. Space permitting, Homellio might decide to allocate and designate certain screen areas on its website for revenue purposes, whereby organisations and individuals could purchase spaces on the website in order to advertise and promote their businesses, services, products and/or events, typically in the forms of banners and blocks.
1.2 Payment Considerations: Members can register and establish their “Basic” business profiles free of charge, however can also choose to upgrade their free registrations – through a paid subscription with a fixed annual or monthly fee, via a secure online payment platform whose details are provided below – to a higher tier, known as the “Premium Membership”, which will in turn allow fee-paying members to create more comprehensive business profiles with more extensive functionalities, benefits and privileges. It must be noted in full that Homellio does not, itself, process any online payments; it, therefore, does not request, accept, possess or store any Premium members’ payment and/or financial details, in particular their credit and/or debit cards’ issuing banks and numbers, expiry and start dates, CVV security codes, and any other sensitive card-related information. For the express purposes of processing its online payments which are generated through the Premium subscriptions, Homellio has appointed Stripe Incorporated (“Stripe”) as its authorised exclusive payment handling agent, which is an internationally-renowned and globally-accepted financial services company based in San Francisco, California, United States of America which specialises in online payment processing platforms and e-commerce and mobile payment applications.
Homellio occasionally offers, at its sole discretion, special promotions to “Basic Members”, which have in the past included complimentary “Premium” subscriptions over a specified timeframe. All Visitors are, at present, permitted to access the Homellio database without needing to register or pay in order to search, evaluate and/or identify suitably qualified Members to undertake home improvement projects; this system is, however, subject to change without any prior notice. Within the results of database search conducted by Visitors, “Premium Members” will always enjoy higher priorities than “Basic Members” in their rankings, hence their listings. Amongst “Premium Members”, those with more positive client reviews will achieve higher ranking and listing priorities than those with fewer such feedback. For Advertisers, full payments by bank transfers are required for the desired spaces on the website to be secured and relevant advertisements and/or promotional materials to be published. All Advertisers’ enquiries must be sent directly to Homellio.
1.3 Cancellation and Refund Policy: Based on current policy, no refund will be given if a Premium subscription – annual or monthly – is cancelled prematurely. If a “Premium Member” cancels their fee- paying membership or if their card payment fails to be processed successfully, their Premium profile will be downgraded at the end of their current subscription period to the Basic tier. Any Premium Member not wishing to continue their membership must cancel their subscription through their account setting at least three working days before their existing subscription expires. Failing to do so, the payment system will continue automatically to charge the subscriber another fee, the level of which will depend on whether the current subscription is annual or monthly. As to Advertisers, no cancellation and no refund are permitted. All Advertisers’ campaigns will run through the entirety of the contractual period and cannot be cancelled, thus under no circumstances will refunds be given. Advertisers wishing to renew their existing agreements are encouraged to contact Homellio as soon as possible to discuss the relevant contractual details.
1.4 Geographical Coverage: Homellio’s database of Members is constantly expanding. At present, it covers the United Kingdom and, in due course, will broaden into overseas markets. Further announcements and information will be made available when international commercialisation is ready to take place.
ARTICLE 2: USE OF THE HOMELLIO WEBSITE
2.1 General Provisions: By continuing to access this website, all parties agree and accept that their use of Homellio’s services is governed by, but not limited to, the legally binding Terms and Conditions herein. Should any individual party not agree to be bound by these current Terms and Conditions, or by any possible future amendments, they shall stop using this website and the services with immediate effect. Any failure, on the part of a particular party using the website and the services, to comply with the Terms and Conditions may result in Homellio, in its sole discretion, immediately prohibiting the party concerned from continuing to use this website, and terminating forthwith whatever access, privileges and/or benefits previously granted to them, simultaneously enforcing any necessary and appropriate technical, legal and/or commercial measures without prior notice to that particular party.
It remains the complete responsibilities of all parties to ensure that the services provided by Homellio, and its website, constantly meet and satisfy their required purposes and reasonable expectations, and that the content and information provided by, and the communications exchanged amongst, all parties concerned are always true, genuine and authenticated. All parties understand and hereby accept (i) that their use of the website and its services is entirely at their own risk for which Homellio shall not be liable or accountable whatsoever, (ii) that the website will not always be error-free, continuous and uninterrupted, (iii) that the website may not work as advertised and the desired results may not be achieved, and (iv) that Homellio has the complete and ultimate discretion to modify and/or delete any current functionalities of the website and to discontinue the website where necessary until further notice.
All parties utilising the website agree not to distribute or make available any contents found on the website unless written authorisation is given by Homellio. For reasons of regulatory compliance, Homellio reserves the right, but not the obligation, to monitor, edit and/or remove Members’ profile contents and Advertisers’ promotional materials posted on the website. All parties hereby agree that it is solely their responsibility to comply with all laws regarding their use of the website, and that Homellio shall not be held accountable or liable whatsoever for any violation of laws caused by any party during their use of the website. Further, members are responsible for the confidentiality of their own Homellio profiles’ usernames and passwords, and for all the activities that take place in connection with their accounts. Members hereby agree to notify Homellio immediately of any unauthorised access to their profile accounts.
For security purposes, Homellio reserves the right to close any profile account at any time without needing to disclose the reason(s) to those affected. From time to time, updates of the Terms and Conditions herein might occur in order to reflect or accommodate the latest change(s) in legislation(s). Such changes can take place without any prior notice to users of the website. All parties hereby agree that their continued use of the website, following the effective date of the previous amendment(s), indicates their acceptance of any modifications thereto. By creating a profile, Members agree to give consents to Homellio to contact them, either by email or by telephone, depending upon the nature of the notification. Members can choose to opt in or opt out of non-essential email communications at any time through their account settings.
Finally, this website contains URL links to third-party sites, whose contents are not created or monitored by Homellio. As such, Homellio cannot be held accountable for those third-party sites. Any access to, and use of, such sites are at the own risk of those user parties concerned. Homellio endeavours to verify and qualify all third-party sites before allowing their appearances on the website; however, Homellio makes no endorsements about any of those sites. All users of the third-party sites should pay particular attention to each individual site’s terms and conditions, which will likely differ from those herein. Those accessing and using the third-party sites agree and accept that Homellio shall have no liability to them for any such third- party data, information and/or materials, or any damages caused by such sites. Upon clicking on the third- party links, users will leave Homellio website, consequently discharging Homellio from all liabilities.
2.2 Age Provisions: All parties using the website must be at least eighteen years of age. If a particular user is under the minimum age required, they must be under the direct supervision – when accessing this website – of their parent, legal guardian or a responsible consenting adult so as to ensure the safe use of the
Internet. Homellio takes at all times reasonable, necessary and latest security measures to protect the rights of minors and underage persons, and thereby strongly encourages parents, legal guardians and responsible consenting adults to be equally and proactively involved in this particular process; nevertheless, Homellio cannot in any way whatsoever be held liable or responsible for whatever risks which might involve minors and/or underage website users being exposed to any Internet contents that might prove to be controversial, inaccurate, offensive, indecent and/or objectionable. By continuing to access Homellio’s website and its services provided, all parties hereby represent and warrant that the above age-related provisions have been strictly observed and wholly accepted, and herewith confirm and agree to fully indemnify Homellio against any liabilities that might arise from these particular provisions and whatever related issues, concerns and/or disputes. For safety reasons, even with direct adult supervision, the use of the website is not recommended for those who are under the age of sixteen. Any such use is entirely at the user’s own risk and Homellio is not held liable or accountable in any way for whatsoever consequences that might arise.
2.3 Privacy Provisions: Homellio acknowledges and respects the unique importance of protecting the privacy of all parties concerned and, therefore, takes such issues extremely seriously. For relevant details, refer to Second 2 of the Legal Statement where Homellio’s Privacy Notice is provided in full. However, it is worth noting here that – as part of the Terms and Conditions – there could be exceptional circumstances in which private and personally identifiable information concerning all parties might have to be disclosed in order to: (i) comply with due legal process, judicial proceeding and/or other government requests, such as subpoenas and/or search warrants; (ii) protect the assets, rights and/or goodwill of Homellio and its user groups; (iii) enforce the Legal Statement provided herein; and (iv) take necessary action regarding factual or alleged illegal or inappropriate activities by any user of the website. The users who are based outside of the United Kingdom consent to have their information transferred, processed and stored in the UK.
ARTICLE 3: CONTENT OF THE HOMELLIO WEBSITE
3.1 Members’ and Advertisers’ Responsibilities: It remains the sole responsibilities of the Members and Advertisers who publish their promotional content on Homellio website to ensure that all such material and information provided are true, accurate and up to date. Members and Advertisers also acknowledge and accept that, through their content posted on Homellio website, they may be exposed to potential liabilities due to the information published (i) being false, misleading, defamatory or obsolete; (ii) involving plagiarised, unlawful, indecent or pornographic materials, or (iii) infringing or violating copyright, patent, trademark, trade secret or any intellectual property and/or proprietary right. By publishing promotional content on the website, Members and Advertisers hereby confirm that they accept fully the responsibilities outlined herein and discharge Homellio in full from any potential liabilities which might arise as a direct consequence of any and all issues relating to the content published by Members and Advertisers. Homellio reserves the right – but not the obligation – to screen, filter, edit, remove of reinstate any content at its sole discretion for whatever reason or no reason at all, without notice to those concerned.
3.2 Homellio’s Responsibilities: By posting promotional content on Homellio website, Members and Advertisers confirm that they possess all the rights, licenses and authorisations necessary to do so and to allow all users to access that content and the associated Internet websites to which that content might lead, simultaneously granting all users perpetual, irrevocable, non-exclusive, royalty-free and worldwide right to use that content for any purpose. Once promotional content is published on the website, Homellio reserves the right to use that content in various ways, which may include – but without limitation – reformatting it, translating it into different languages, integrating it into Homellio’s corporate advertising campaigns using social media platforms and distributing it, and displaying it in public presentations for marketing purposes.
At its sole and final discretion – and without prior notice to those concerned – Homellio reserves the right to edit or remove any content published by Members and Advertisers, or to prohibit them from accessing the website by blocking their IP addresses, rejecting their subsequent content submissions and/or shutting down their business profiles. Homellio is committed to observing and protecting all rights of Members and Advertisers regarding their content posted on the website; however, it cannot be held liable or accountable whatsoever for any potential breaches of such rights caused by users who access that web content and the associated sites. Whilst Homellio takes essential precautionary measures to prevent breaches and/or misuse of the website, it cannot warrant that the content published and services provided will always be free of known or unknown computer viruses and other malicious codes, thus it accepts no liabilities whatsoever for any damages and/or losses caused by the transmission of such viruses and/or codes. As a consequence, Homellio strongly advises and recommends all its users to update their firewalls and anti-virus software on a regular and frequent basis in order to protect their equipment, system and data.
3.3 Client Reviews: Those clients who have utilised services provided by Members can leave reviews for the qualities of works received, giving other customers a point of reference. For reasons of security and reliability, those clients wishing to submit their feedback will need to register their relevant details first, before they can complete and submit their reviews, even though Visitors to Homellio website generally are not required to register or pay in order to access the services provided. To leave a constructive review, the client is encouraged to be as detailed as possible and provide supporting evidence where necessary. Once a review is posted, the Member who provided the service that is reviewed will be notified by Homellio. It is the sole responsibility of the Member concerned to verify the review. In the event of a dispute, the Member must inform Homellio immediately which will in turn launch an investigation into the case details. The final verdict of the dispute will be determined solely by Homellio in consultation with its legal counsel.
It is important to note that published client reviews do not represent or reflect the opinion of Homellio. Readers of such reviews are responsible for exercising their own judgements when assessing the accuracy, completeness or usefulness of any advice, opinion or information found in such client reviews. Any misuse of the review services on the part of the clients may result in those clients being banned from accessing the website again and may lead to defamation lawsuits by the Members concerned. Simultaneously, clients should report immediately to Homellio, if they notice any review anomalies, such as offers for discounts in exchange for positive reviews and/or any contractual arrangements that might impact the integrity of client reviews. Homellio endeavours to provide a reliable and transparent review channel, but will not allow – or will remove, if published – any defamatory or accusatory languages, threats, profanity, prejudiced or racist comments, hate speech, personal attacks or any other content that is deemed offensive or objectionable.
3.4 Advertising Opportunities: For revenue purposes, Homellio has designated certain screen areas on the website for commercial advertisements, where organisations and individuals can purchase banners and/or blocks to promote their businesses, products, services and/or events. As such, Homellio may display advertisements and other promotional information adjacent to – or included within – a “Basic Member’s” content, although these advertisements and promotional materials can be removed in full by subscribing to become a “Premium Member” whose profile page is totally free of banner ads. By selecting to remain in the “Basic” membership tier, Members will see advertisements alongside their content and will not be entitled to any compensation for the appearance of such promotional materials. Such advertisements are selected and placed randomly by the computer system, thus they may – or may not – be tailored to the content of the business profiles on those particular pages. The manner, mode and extent of such advertising activities are subject to change without prior notice and are at the sole discretion of Homellio.
3.5 Content Ownership: In Homellio, the content ownership is clearly divided. Homellio possesses the copyrights, trademarks, trading name, logo and all other intellectual property and/or proprietary rights associated with its content, which are protected under the relevant laws. In addition, Homellio also owns – without limitation – graphics, visual interfaces, interactive and design features, compilation and products, software, computer code, client reviews and all other multimedia components of the website, excluding the content posted by Members and Advertisers, and those third-party content displayed on the website. As per Clause 3.2, whilst the ownership of content published by Members and Advertisers ultimately belongs to them, Homellio reserves the right to modify and/or use that content for various purposes, provided they are legal. No users can reproduce, modify, create derivative works or adaptation thereof; or distribute, display publicly or exploit Homellio content, in whole or in part, except as expressly authorised by Homellio. In the event of cancellation of membership, those business profiles already created will be removed from the database, thus becoming invisible to the public, but shall remain on file for legal and audit purposes.
3.6 Homellio Newsletters: Members and Visitors can subscribe to receive regular Newsletters from Homellio by email, covering topics from latest news to interesting articles relating to home improvements. They have the ability to unsubscribe from receiving Newsletters at any time.
3.7 Spam Matters: Homellio will not allow unauthorised parties to use information on its website for the transmission of unsolicited bulk communications. No users should access the website to collect data or information concerning Homellio’s Members, Visitors and Advertisers for any monetary or non-monetary purposes. Homellio takes spam seriously and strongly encourages all parties to report spam activities.
ARTICLE 4: INTELLECTUAL PROPERTY RIGHTS
4.1 Members and Advertisers: By creating business profiles (“Basic” or “Premium”) and purchasing advertising spaces, Members and Advertisers have agreed to grant Homellio a limited, non-exclusive and non-transferable right to utilise and display their content on the website. Such content may include, without limitation, Members’ and Advertisers’ texts, graphics and/or images. This authorisation to use such content is not a transfer of its title or ownership to Homellio and is subject to the Terms and Conditions herein. The ownership of such content remains the property of Members and Advertisers, not Homellio.
4.2 Homellio: As per Clause 3.2, Homellio possesses the copyrights, trademarks, trading name, logo and any other intellectual property and/or proprietary rights associated with its content, which are protected under the relevant laws. In addition, Homellio also owns – without limitation – graphics, visual interfaces, interactive and design features, compilation and products, software, computer code, client reviews and all other multimedia components of the website. As such, content on the website cannot be copied, imitated or utilised, in whole or in part, without prior written consent from Homellio.
4.3 Non-Infringement: This provision refers specifically to Members and Advertisers, who agree to accept sole liability and to indemnify Homellio for any damages or losses resulting from infringement of any third party’s intellectual property and/or proprietary rights, or any other harm that might result from the utilisation of such infringing material on, or in connection with, the website. In essence, Members and Advertisers must not publish, or make available to the website, any material which is already protected by the relevant rights and laws without the express consent of the owners. All material posted on the website by both Members and Advertisers must be their original creations, or creations whose intellectual property and/or proprietary rights owners have already given explicit permission for such uses.
ARTICLE 5: RESTRICTIONS ON USING THE HOMELLIO WEBSITE
All parties agree and accept that they will not utilise the website to modify its original content, send spam emails, upload illegal materials, bully other users and/or hack into private and confidential information. Furthermore, no one shall engage in any activities which could interfere with other’s uses of the website or jeopardise the normal functioning of the site through hacking, password mining and/or any other means. Homellio reserves the right to decide which data, content or information is posted on – or removed from – the website that may be considered to violate restrictions listed below.
All parties agree to utilise Homellio website for lawful purposes only and to observe all Internet etiquette. They confirm that they shall not: (i) in any way breach any applicable local, national or international laws or regulations governing the use of the website; (ii) conduct any activities that are unlawful or fraudulent;
(iii) undermine the purpose and provision of Homellio services; (iv) violate the privacy of other users; (v) produce and/or transmit unauthorised advertising materials or any other forms of solicitation; (vi) reverse engineer, decompile, dissemble, decipher and/or otherwise derive the code used on the website; (vii) use any robot, AI, scraper and/or other automated means to access the website; (viii) plagiarise or infringe the intellectual property and/or proprietary rights of any third parties; (ix) use the website to give other parties
any types of known or unknown computer viruses, worms, defects, Trojan horses and/or any other similar items of a destructive nature; (x) reproduce, duplicate, sub-license, broadcast, distribute, sell, rebrand any content and/or any part of the website; (xi) take any actions that may cause unreasonably large load on Homellio’s technology infrastructure or otherwise make excessive traffic demand of the website; and (xii) utilise the website for any purposes that are unlawful and prohibited by the Terms and Conditions herein.
The twelve points outlined above represent an inclusive but not an exhaustive list of restrictions governing the use of Homellio website. All parties agree to follow their best Internet behaviours and will not engage in any unlawful or questionable activities when using the website, even if such activities are not currently covered by the twelve restrictions listed above.
ARTICLE 6: DISCLAIMERS AND LIMITATION OF LIABILITY
Under no circumstances shall Homellio – as defined and stated herein – be liable to any parties for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, whether based upon warranty, contract, tort or any legal theory, and whether or not the parties are advised of the possibility of such damages. By using the services provided by the website, all parties have agreed to waive any and all legal and financial liabilities that might directly or indirectly concern Homellio, and to accept that the access to, and the use of, the website is solely at their own risk and that Homellio assumes no liability or responsibility pertaining to the content, their use of the website, or the receipt, storage, transmission or other use of any private and confidential information, whether at personal or commercial levels.
All parties also agree and accept that the materials and information published on the website may contain inaccuracies and typographical errors. Homellio, together with its associated organisations and individuals, therefore make no representations or warranties about the accuracy or completeness of the content posted on the website, and cannot in any way be considered to endorse those reviews, advice, opinions, statements and content in general that come from third-party organisations. Any reliance on the foregoing shall be the sole risk of the website users. As such, Homellio will not, in any way, be responsible to those users who may have encountered damages, expenditures, loss of profits, or prospective incomes of any kind. Should any party be dissatisfied with the website and the content thereon, or the Terms and Conditions governing the use of the website, their sole and exclusive remedy is to discontinue using the site immediately, which will in turn be subject to the Cancellation and Refund Policy as per Clause 1.3 and Article 8 herein.
ARTICLE 7: CORPORATE PROMOTION
Homellio may, from time to time, offer corporate promotions, as suggested in Clause 1.2. All parties agree to release Homellio and its associated and affiliated organisations, as defined herein, from all liabilities which might arise directly or indirectly from participation in any such promotions, and to be bound by the rules governing those particular promotions and/or events. Any breach or violation of rules on the part of the participants will lead to their immediate disqualification. Homellio and its associates reserves the right to postpone, cancel, terminate or alter any rules and/or promotional details at any time without prior notice.
ARTICLE 8: CANCELLATION POLICY
8.1 Website Provider: At its sole and final discretion, Homellio may decide to cancel or suspend any of the users’ access and/or privileges relating to the use of the website, whether in whole or in part, for any reason which does not need to be disclosed to those concerned. Cancellation of Members’ business profiles is not common and generally happens when non-compliance of the Terms and Conditions takes place.
8.2 Website Users: All parties using Homellio website and its services can cancel their memberships any time through their account setting; however, no refund will be given if paid-subscriptions are cancelled prematurely. For details on this particular issue, refer to Clause 1.3 herein.
ARTICLE 9: DISPUTE RESOLUTION AND GOVERNING LAW
Homellio strongly believes that most legal disputes can be resolved privately and amicably. As such, after reading the Terms and Conditions herein, if a party still feels that a dispute remains, that particular party should first contact Homellio informally to discuss the relevant issues and/or possible solutions before resorting to alternatives. If a legal dispute proves to be inevitable, all the subsequent complaints and follow up communications must be addressed directly to Homellio’s legal representative – Mr Nadeem Akhtar, Managing Partner, Blackstone Legal, The Old Courthouse, Hughenden Road, High Wycombe HP13 5DT, Buckinghamshire, England, United Kingdom. This Legal Statement shall be governed by and construed in accordance with English Law. Any dispute that arises in connection with this Legal Statement shall be subject to the exclusive jurisdiction of the English Courts. Should any of the Terms and Conditions herein be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then those Clauses shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect, and continue to be legally binding and enforceable.
ARTICLE 10: GENERAL MATTERS
The Terms and Conditions herein, which form Section 1 of this Legal Statement, constitute the agreement and understanding between all parties, as defined herein, and Homellio. The decision of Homellio not to exercise or enforce any particular right or provision within these Terms and Conditions does not constitute a waiver of such right or provision. Homellio may assign any or all of its rights hereunder to whichever organisation or individual without the consent of any parties; however, the parties are not allowed to assign any of their rights and/or obligations under these Terms and Conditions without prior written consent from Homellio and any such attempted assignments will be void and unenforceable. Homellio and all the parties are independent contractors, thus no agency, partnership, joint venture, employer-employee, or franchisee relationship is intended or created by these Terms and Conditions. Homellio reviews and updates the Legal Statement and its Terms and Conditions on a frequent and regular basis so as to reflect and accommodate any relevant changes and/or modifications in corporate requirements, government legislations and market conditions, consequently this document is always current and can be treated as the latest version available to all the parties concerned.
Should any party have any questions, concerns or suggestions regarding the Terms and Conditions herein, either prior to or after accessing the website, they should contact Homellio directly using the details below: Homellio Limited, c/o Blackstone Legal, The Old Courthouse, Hughenden Road, High Wycombe HP13 5DT, England, United Kingdom; www.homellio.com, email@example.com.
Section Two – Privacy Notice
The “Privacy Notice” below, which is a follow up document to “Section 1 – Terms and Conditions” above, forms Section 2 of this “Legal Statement”. Therefore, the numbering of its Articles, Clauses and any other
sub-headings shall continue from the previous Section. Whilst the Privacy Notice is the continuation of the Terms and Conditions, it can also be viewed, and referred to, as a stand-alone document that focuses solely on Homellio’s corporate policies governing relevant privacy matters concerning its Members, Advertisers and Visitors. This Section serves to elaborate and reinforce those Clauses in the Terms and Conditions that have briefly touched upon the privacy topic. This Section does not supersede any of those Privacy Clauses; instead, it further illustrates and strengthens additionally those privacy provisions outlined previously.
By accessing and utilising Homellio’s website, all parties confirm that they have read, understood in full and agreed to all the privacy provisions outlined. All parties must note and accept that such provisions may not apply to the practices of those third-party organisations which may be linked, directly or indirectly, to the content published on Homellio’s website, and whether such organisations are authorised and affiliated, or authorised but unaffiliated, or unauthorised and unaffiliated, to Homellio, as those organisations are not owned, operated or managed, and cannot be guided or influenced in any way, by Homellio or its appointed agents and/or authorised representatives, if any. For privacy provisions governing the use of third-party entities’ websites and their online or offline resources, all parties must carefully consult the individual privacy policies imposed by those organisations in question and exercise discretions with extra caution.
Following this Privacy Notice, a firmer understanding will emerge of: (i) that Homellio complies with the requirements set by prevailing privacy legislations; (ii) that Homellio clearly states the purposes for which it processes personal information and other privacy-sensitive data; (iii) that Homellio limits its collection of such information and data to only those necessary for legitimate purposes; (iv) that Homellio always ask users first for explicit permission to process their personal information wherever their consent is required;
(v) that Homellio takes appropriate security measures to protect users’ personal information and demands any authorised affiliated third-party organisations to do the same; and (iv) that Homellio respects users’ right by allowing them to inspect, edit, delete or remove any personal information previously submitted.
Homellio, as with any other Internet-based service providers, is legally responsible for the safe handling of all the personal information and sensitive data which are submitted by users and received by Homellio, and is therefore committed to making sure that this particular objective is achieved and maintained at all time. This safety commitment is demonstrated by Homellio’s investment into robust, advanced and high-end IT
ARTICLE 13: CHILDREN AND MINORS
Both children and minors, defined as people who are under the age of eighteen in English Law or any other age as specified by the prevailing local laws, are not permitted to access and utilise the Homellio website. As such, children and minors are not allowed to register with – or submit any personal data or information to – Homellio. The only possible permitted exception to this age restriction is that children and minors may only utilise the Homellio website in conjunction with and under the direct supervision of their parent, legal guardian or a responsible consenting adult, although any and all liabilities that might potentially arise from this supervised and permitted use of the website by children and minor cannot in any way whatsoever be held against Homellio. See also Clause 2.2 for additional and supplementary details regarding this point.
ARTICLE 14: COLLECTION OF PERSONAL INFORMATION
For the avoidance of doubt, Homellio hereby declares that it collects all users’ registration and profile data, as well as noting their online activities when accessing the website, in accordance with relevant prevailing laws governing such matters. Homellio’s system server also collects log information registered in order to make its website process faster and function better. Furthermore, Homellio also collects data concerning users’ geographical locations which in turn allows the website to present a more personalised experience. For the express purposes of understanding this Privacy Notice and the relevant laws, “personal identifiable information” is defined as private and sensitive data about an identifiable individual – not a legal entity – or any other unique information and/or parametres that can allow an individual to be personally identified. For reasons of clarity, the terms “personal identifiable information” and “personal information” are used interchangeably within this Legal Statement and their use will not affect the validity of this document.
As required by current laws in England, Homellio collects such personal identifiable information through a variety of sources, including – but without limitation – (i) from Members directly, such as when they sign up a business profile; (ii) from information which the website server generates about Members, Advertisers and Visitors in the course of Homellio’s relationship with the parties; (iii) through any data collected from cookies and other similar technologies; (iv) via location and online activities where Homellio may collect website users’ neighbourhood of residence, post codes, IP addresses, content searched and viewed, and any other demographic information; (v) from information that Homellio may acquire about the different parties from any other legitimate and publically and commercially available sources, such as telephone directory; (vi) from billing and payment details which are submitted to Homellio when relevant parties purchase fee- paying subscriptions and/or advertising spaces; be advised that payments for advertising spaces are only accepted by direct bank transfers from Advertisers to Homellio, whereas annual and monthly subscription payments for the Premium Membership are completed solely using an internationally-renowned and highly reliable online payment processing system where all sensitive information is encrypted according to global industry standards and will only be shared with those third-party organisations who will assist Homellio in completing said purchase transactions; (vii) through information which Homellio may retain from any past and current communications, including – for example – emails, forum posts, reviews and responses sent by Homellio, as well as voice recordings of calls between Homellio and different parties for internal training and quality control purposes. Homellio might be required by new legislations to collect additional personal identifiable information from those concerned as a direct result of any ongoing contractual relationships between Homellio and other parties. Failure to provide such extra information may prevent, or delay, the delivery and fulfilment of Homellio’s obligations to the parties concerned and other regulatory bodies.
As Homellio does not, itself, collect and process any online payments, it therefore does not request, accept, possess or store any Premium members’ payment details, in particular their credit and debit cards’ issuing banks and numbers, expiry and start dates, CVV security codes, and any other card-related information. For the express purpose of processing its online payments, generated through the Premium subscriptions, Homellio employs Stripe as its authorised and exclusive payment handling agent.
ARTICLE 15: PURPOSE AND TREATMENT OF PERSONAL INFORMATION
Homellio is responsible for handling all parties’ personal information and sensitive details, except for those relating to Premium members’ payment matters which are dealt with and stored by Stripe. Those personal information possessed by Homellio is utilised exclusively for its operational reasons and for providing the agreed services of the company and any associated functions and/or features on or in connection with the website. For reasons of illustration, the following points provide an inclusive – but not exhaustive – list of purposes as to why Homellio is required to possess such personal information: (i) to verify users’ identities and email addresses when registrations have been completed; (ii) to communicate where necessary with users regarding the information submitted on the website; (iii) to help Homellio research, develop, manage, protect and improve communications; (iv) to respond to any questions and/or suggestion which the website receives; (v) to verify any client reviews submitted to the website; (vi) to inform users about new services and/or products that may be of interest to them; (vii) to detect and protect Homellio and its users against error, fraud, theft and other illegal activities; (viii) to audit compliance with Homellio’s corporate policies and contractual obligations; (ix) to understand users’ requirements and preferences by conducting surveys and evaluations, although users can decide if they wish to receive such communications; and (x) to fulfil any other legitimate and essential corporate purposes and functions. All parties utilising the website can decide on their preferences regarding the communications they receive from Homellio and can modify, at any time, their existing preferences by accessing their account settings on the website; however, opting out of receiving these communications might jeopardise their user experiences, as the introduction of any new products, latest functions and/or additional features is generally delivered in such communications.
ARTICLE 16: DISCLOSURE OF PERSONAL INFORMATION
Homellio treats all parties’ personal information with the utmost respect and protects these information in every way possible against unauthorised and/or unlawful uses. Under no circumstances will Homellio sell, license, trade or rent such information to, or with, anyone. Unless written consent is obtained by Homellio from the parties concerned, no personal information will be disclosed. However, there could be occasions when these information might have to be legitimately shared with – or distribute to – authorised third-party organisations in order for Homellio to provide the agreed services and/or associated functions and features, and/or to fulfil any legal purposes as required by law. More specifically, such provisions may include – but not limited to – the following scenarios where:
(i) Homellio may disclose personal information to approved third-party organisations, in particular those firms selected and engaged by Homellio to provide its services via the website to the users, such as – but not limited to – software development, website hosting, payment processing, document management and office administration. All parties understand that these appointed third-party service providers are prohibited from using such personal information for any purposes other than to provide the agreed services and are required to protect those information disclosed by Homellio and to comply with the general privacy principles outlined within this Privacy Notice.
(ii) Homellio will disclose users’ personal information to authorised third-party entities if a law, regulation, search warrant, subpoena and/or court order legally requires Homellio to do so;
(iii) Homellio reserves the right to disclose and/or transfer personal information to an authorised third-party organisation in the event of a proposed or actual complete acquisition of Homellio, or any of its business, assets, shares or a division thereof, in order for users to continue receiving the same services and products from that third-party entity.
(iv) Homellio might share anonymised aggregated information collected by itself with Advertisers. This is to help provide a more personalised user experience for the website and to allow statistical analysis to help determine current areas of users’ interests and the ongoing market trends and preferences.
(v) Premium Members have the option of linking their social media accounts, such as Facebook, Instagram and Twitter, on their business profiles, which can in turn allow the public to connect to those Premium Members’ social media account destinations directly from Homellio’s website. In doing so, those Premium Members are voluntarily linking and sharing their personal information with those social media providers through the Homellio website. This is an unavoidable and compulsory technical feature that is essential for the Internet and connections between various parties from different geographical regions across the world; this feature cannot be stopped or prevented by Homellio. Any Premium Members refusing to disclose their personal information to social media platforms should separately consult those providers’ privacy policies and reconsider posting their social media account details on their Homellio business profiles.
(vi) Homellio, as required by law, will disclose any and all personal information requested for the purposes of communicating with the next of kin and the authorised representative of, and/or the relevant government authorities concerning, an injured, ailing, lost or deceased individual;
(vii) Homellio – under the following circumstances – shall also release those personal information and sensitive data which is collected from the website concerning its users during their access to and time spent on the site: if so required by applicable law to defend Homellio from legal claims and to respond to such claims and legal processes; if so required to protect the properties, rights, reputation and integrity of Homellio; and/or if so required to prevent or terminate any activities deemed illegal, risky, unethical, irresponsible or objectionable by Homellio. Whilst Homellio strives to protect all users’ personal information from being illegally disclosed, it cannot be held liable for any such disclosures caused by its carefully-selected authorised third-party organisations, such as Stripe which handles all payment-related matters for Homellio’s Premium members.
ARTICLE 17: USER CONSENT AND HOMELLIO’S KNOWLEDGE
By accessing and using Homellio’s website, all parties agree with this Legal Statement and the provisions herein. Nevertheless, users of this website can – at any time – withdraw their consent to Homellio, subject to prevailing legal provisions and contractual restrictions as well as reasonable notice, and request to find out what personal information has been held by Homellio. Access to, and use of, the Homellio website is voluntary for all the parties, including Members (both Basic and Premium), Advertisers and Visitors. It is Homellio’s commitment and practice to always seek express consent from users for legitimate utilisation and/or disclosure of their personal information before any actions are taken by Homellio. Users agree and accept also that there might be rare, though unlikely, circumstances where Homellio may only seek users’ consent after such information is already collected, but prior to using it – e.g. when Homellio intends to use such information for a specific legitimate purpose which was not previously identified and announced. Should users withdraw their consent, Homellio will terminate immediately its services provided to them and shall prohibit those users from visiting the website for legal reasons to protect Homellio. At Homellio, the unique importance of personal privacy is acknowledged and respected; as a consequence, it will not require users to consent to the collection, utilisation and/or disclosure of any personal information beyond those legally required to fulfil the explicitly specified and legitimate purposes for which such information is being provided by users. Homellio endeavours to honour all reasonable obligations to safeguard personal information and privacy-sensitive data relating to its website users. It must be noted that – in the event of Premium users withdrawing their existing consent to Homellio, which will in turn result in their access to the website being immediately terminated – their personal information and other sensitive data will remain on file with Stripe which is responsible for all payment-related matters for Homellio’s Premium members.
ARTICLE 18: PERSONAL INFORMATION FOR MARKETING PURPOSES
By continuing to access and use the website, users consent Homellio to utilise their personal information to identify, promote and market additional services and/or products offered directly to them by Homellio, if any. This will be delivered responsibly, where only limited and selected marketing communications will be sent by Homellio to users. Homellio might legitimately disclose aggregated statistics with anonymised data to Advertisers, based on users’ usage of the site and the patterns. In helping to deliver a more personalised experience, Homellio may compile users’ information, analyse the data and create general profiles of their demographic information and possible interests and preferences. Under no circumstances will Homellio share personal information with its Advertisers, nor will it utilise such information to engage in spamming,
i.e. abusing messaging systems to send unsolicited messages to large numbers of recipients for the purpose of commercial advertising. Homellio reserves the right to utilise proprietary software and other third-party tools, e.g. Google Analytics, to collect personal information about (i) which websites that users’ browsers have viewed, or (ii) when users have undertaken specific actions and in which websites. It must also be noted that, if users utilise their mobile devices – e.g. smart phones, tablets and smart watchers – to access Homellio’s website, they will simultaneously share such personal information as locations and sites visited with both device manufacturers and network providers. Premium members must separately consult Stripe’s corporate policies governing this particular matter as their personal information and other sensitive data are on file with that company for their Premium subscriptions’ payment processing purposes.
ARTICLE 19: COOKIE COMPLIANCE
ARTICLE 20: PROTECTION OF PERSONAL INFORMATION
Information security is of paramount importance to Homellio. Consequently, Homellio is fully committed to making all technologically feasible, legally available and commercially viable endeavours to ensure that personal information and privacy-sensitive data collected from users are protected at all time against loss
and unauthorised access. Users’ Homellio account details are protected by both usernames and passwords, which are chosen by users, for their privacy, security and convenience. It is the sole responsibility of users to protect their usernames and passwords. When using shared computers, users must log off after each use and to protect against unauthorised access to their login details with extra care. If – whenever – users have reasons to believe that their Homellio accounts are breached, they must immediately return to the Account Setting section on Homellio’s website to reset their passwords in order to protect their information, and must also inform Homellio of their incidents. Should such concerns continue to arise, users must contact Homellio forthwith again, so that further correctional measures can be taken immediately. Homellio strives to protect users’ personal information and other privacy-sensitive data with all available means; however, the company cannot in any way guarantee their absolute security and cannot be held liable or responsible, whether legally or monetarily, whatsoever. In the event of a breach that can be controlled directly by the company, Homellio shall retain all details of any and every such breaches on file for both investigative and record purposes. In the event that such breaches are believed to create real risks of significant harm to any individuals and/or organisations, immediate notice shall be given to those parties that might be potentially affected and such breaches will be reported immediately to the police and/or other relevant authorities. In the event that such breaches occur and that Homellio believes that only a government institution, or part of it, may be able to reduce or eliminate the risks of harm, Homellio shall notify immediately that government agency, organisation or institution of such breaches. Homellio’s breach notifications and record-keeping frameworks comply with all prevailing laws and regulations. In Homellio, access to users’ account details and personal information is strictly restricted to a very small group of selected personnel. Only those who require such information to perform their duties will be given access to the sensitive information. It must be declared and accepted that, where necessary, such information might also need to be given to authorised third-party organisations that require it to execute the responsibilities of their roles, or to other such entities with similar designated duties who are subject to contractual confidentiality agreements with Homellio. It must be noted that Homellio is neither responsible nor liable for the protection of personal information by third-party organisations whose sites might have been accessed by users through the Homellio website. All users are strongly advised to consult the equivalent policies of those third-party entities before proceeding.
ARTICLE 21: LINKS TO THIRD-PARTY WEBSITES
ARTICLE 22: CONTROL OF PERSONAL INFORMATION
With Homellio – where user independence, information security and member experiences are paramount – those users whose personal information and sensitive data have been submitted for the purposes of, and not restricted to, registration and/or creation of business profiles will have control over their own information. It is Homellio’s key objective to continue improving its services and associated functions and features, and to allow all parties concerned to enjoy maximum freedom and flexibility to control (i.e. submit, edit, delete and remove) at any time such personal identifiable information that has been submitted to Homellio by the users. Because Homellio does not itself process any online payments, it therefore does not request, accept, possess or store any Premium members’ payment details, in particular their credit and debit cards’ issuing banks and numbers, expiry and start dates, CVV security codes and any other card-related information. As Stripe serves as Homellio’s payment handling agent, therefore those Homellio users wishing to exercise their right of control, as defined herein, over their payment history and/or payment card details – meaning specifically editing, deleting or removing such financial information – must approach Stripe directly in order to make such requests, even though Stripe reserves the right to decide as to whether such requests can be granted or not, upon which Homellio will have no influence whatsoever and cannot be held liable or responsible in any way should Stripe’s final decisions differ from the requests put forward.
ARTICLE 23: REMOVAL OF PERSONAL INFORMATION
Homellio endeavours to provide a user-friendly operating system on its website that can allow for the best and the most personalised possible online experiences for those parties who access and use the website. As such, all users can choose to delete their accounts at any time, thereby removing their personal information from Homellio’s public searchable database, therefore making such information disappear from the general public, although some of those information might remain available at Homellio’s archives for various legal and audit purposes, as required by the prevailing laws. If a particular party has, in the past, taken part in Homellio’s paid subscription service, i.e. becoming a Premium member, then their personal information and other sensitive data – in particular their payment methods and details – would still be retained by the online payment processing company employed by Homellio, i.e. Stripe, after that party has already deleted their account with Homellio. It must be noted again that Homellio does not process any online payments, thus does not request, possess, use or store any privacy-sensitive information relating to payment details. Consequently, in order to remove any such information from the online payment processing company, the party in question must contact Stripe directly to request the removal. For various legal, audit and corporate reasons, Stripe reserves the right to approve or decline the request for such a removal. Stripe has the sole and final discretion which cannot be influenced in any way by Homellio. For those Advertisers who have purchased promotional banners and/or advertising blocks, and have paid for their purchases by direct bank transfers, their payment-related information will be kept by Homellio for legal and audit purposes.
ARTICLE 24: CHANGES TO HOMELLIO’S PRIVACY NOTICE
As a result of either changes in government legislations or regular revisions on its own legal requirements, it is possible for Homellio to make adjustments or modifications to its Privacy Notice and/or other policies, clauses and provisions relating to privacy matters, without giving any prior notice. By continuing to access and use this website, all parties concerned agree that they accept in full this particular provision. Homellio reserves the right to modify any of its privacy policies at any time without informing any parties, and can do so at its sole and final discretion. To ensure that the latest modifications are noticed and observed at all time, every party concerned is strongly advised to review and understand in full Homellio’s Privacy Notice on a frequent and regular basis in order to assess and ascertain if any such updates have indeed taken place. Any continued access to, and utilisation of, the Homellio website, after such amendments or modifications have become effective, will be deemed as the users’ acknowledgement and acceptance of the new Privacy Notice and its revised policies, even if the users do not agree with any such updates and/or modifications. Any changes to the Homellio Privacy Notice, whether major and minor, are done so independently of any affiliated or unaffiliated third-party organisations and are valid and legally binding on their own. Homellio reviews and updates this Legal Statement and its Privacy Notice on a frequent and regular basis in order to reflect and accommodate any relevant changes and modifications in corporate requirements, government legislations and market conditions, consequently this document is always current and can be treated as the latest version available to all the parties concerned. Those parties who have particular concerns about their privacy matters should consult this Section regularly for any updates and/or modifications.
ARTICLE 25: CONTACTING HOMELLIO ABOUT PRIVACY CONCERNS
Should any party have any questions, concerns or suggestions regarding the privacy issues outlined herein, either prior to or after accessing the website, they should contact Homellio directly using the details below: Homellio Limited, c/o Blackstone Legal, The Old Courthouse, Hughenden Road, High Wycombe HP13 5DT, England, United Kingdom; www.homellio.com, firstname.lastname@example.org.
ARTICLE 26: COOKIES USED BY HOMELLIO
There are two main types of cookies which can be utilised, consisting of: (i) first-party cookies that are the small text files placed and read by Homellio directly when users access to utilise the website, and (ii) third- party cookies which are not set by Homellio, but by other organisations, such as Google for site analytics purposes. Despite its controversial nature, cookies play an integral part and an essential role in assisting Homellio and all other online business entities across the world to deliver safer, faster and more effective services and experiences to their users. For both clarity and comprehensiveness, the following information provides an inclusive – but not exhaustive – list of cookies which are commonly used by Homellio and the purposes which apply to them.
(ii) Preference Cookies: These are employed by Homellio to identify and register users’ preferences with regard to their utilisations of the website, and to recognise them and prepare the site in a more personalised fashion for users when they return. (iii) Analytics Cookies: These contribute to Homellio’s understanding of users interact with the website and its associated services, functions and features. Such analytics cookies are utilised in various way to achieve different legitimate purposes, including: Site features and services, whereby Homellio can remember how users prefer to use the website and the associated offerings, so that users do not need to reconfigure their settings each time when they log into their accounts. Data analysis and improvement of services, whereby Homellio can receive insights into user needs and preferences, and provide improvements and/or enhancements to the services currently offered. Pixel tags (also known as web beacons and clear GIFs), whereby Homellio can track the actions of site users, measure the success of its marketing campaigns and compile statistics about usage of the website and response rates. Third-party analytics, whereby Homellio through Google Analytics and other similar legitimate technological tools can also collect and analyse information regarding the use of other sites, apps and/or online resources, allowing Homellio to improve users’ experiences. (iv) Advertising Cookies: Users may notice that, after visiting a website, they will begin to see increased numbers of advertisements from that site which they previously visited. This is because that particular organisation pays for that advertisements. The technology to do this is made possible by cookies and, as such, Homellio may also place the “advertising cookies”, or sometimes referred to as “remarketing cookies”, during users’ visits to Homellio’s website. These advertisements are used to encourage users to return to the Homellio website, to offer special promotions to users, and/or to measure users’ engagement and interaction with such advertisements. As the entire process is anonymised, Homellio is unable to proactively reach out to users. The validity of Preference, Analytics and Advertising Cookies may be “session-based”, meaning that they will cease to perform their designated functions after users exit their web browsers, or it can last for up to two years from the date of web activities.
ARTICLE 27: ADJUSTMENT OF COOKIE FUNCTIONS
Users can usually switch cookies off by adjusting their web browsers’ settings in order to stop them from accepting cookies. Doing so, however, will likely limit the functionality of Homellio’s website and a large proportion of the world’s websites, as cookies have become an integral part of most modern websites. If a user’s concerns around “cookie usage” stems from issues relating to “spyware”, rather than switching off the cookie functions in the web browser, they should consider installing anti-spyware software which will achieve the same objective by automatically deleting and removing any cookies considered to be invasive. Different organisations have different policies governing their utilisations of cookies and where they can apply this information collected through their cookie operations. It is, therefore, the sole responsibilities of users to consult those cookie policies carefully, and to exercise their discretion with extra caution before proceeding. Again, Homellio cannot be held responsible or liable, whether in legal or monetary terms, in any way for whatever consequences, both direct and indirect, which might arise from any and all matters relating to the use and applications of all types of cookies. By continuing to access and utilise the website, all users hereby agree to discharge Homellio from any and all liabilities and responsibilities.
Section Four – Copyrights & Trademarks
ARTICLE 28: CONSIDERATIONS REGARDING USERS
Homellio expects and requests all users of the website and its associated services, functions and features to respect the intellectual property rights of others. As outlined in Article 3 – and in Clauses 3.1 and 3.2 in particular – users who have uploaded content, especially Members and Advertisers, have represented and warranted that they have the rights to permit Homellio to publish such content on its website. If any users infringe copyrights or other intellectual property rights of others, the particular content in question will be removed or suspended in whole or in part. It is Homellio’s policy that – under appropriate circumstances and at its sole and final discretion – the company will disable and/or terminate the accounts of those users who repeatedly infringe or are charged repeatedly with infringing the copyrights and/or other intellectual property rights of others. If any parties believe, in good faith, that materials posted by Homellio infringe someone’s copyrights and/or trademark rights, they, or their authorised agent or legal representative, must contact Homellio immediately to request that the materials in question be removed or access to it blocked. If any parties believe, in good faith, that a notice of copyright and/or trademark right infringement has been wrongly filed against them, they themselves, or their authorised agent or legal representative, must contact Homellio immediately to seek possible solutions to resolve the situation. Notices and counter-notices with respect to claims of copyright and/or trademark right infringements on the Homellio website must meet the current statutory requirements imposed by relevant and prevailing laws and regulations. Homellio strongly suggests that legal advice is obtained before filing such a notice or counter-notice, as there may be severe penalties for false claims permitted by current legislation and/or counter lawsuits by defendants.
ARTICLE 29: CONSIDERATIONS REGARDING HOMELLIO
This website and its content – as defined in the Terms and Conditions – are copyrights of Homellio; consequently, Homellio owns, reserves and controls all the copyrights and other intellectual property rights within the website and of all the materials contained inside. Any redistribution or reproduction of part or
all of the content in any form, whether electronically or in hard copy, is strictly prohibited. Users may not
– except with Homellio’s express written consent – distribute or commercially exploit the website’s content, nor may they transmit it or store it in any other websites or forms of electronic retrieval systems. Under the limited copyright licence granted by Homellio, users may (i) view pages from the Homellio website using any legitimate web browsers, (ii) temporarily download pages from the website for “caching” purposes in such web browsers, (iii) print pages electronically or into hard copies from the website, (iv) stream videos and/or audio files from the website where available, and (v) perform any other website functions allowed by Homellio. Except where expressly permitted by the other provisions within this particular copyright and trademark notice, users must not download any materials from Homellio’s website and/or save any such materials to their computers. Users may only utilise the website for authorised purposes, as defined within this Legal Statement, and must not use the website for any other purposes. Except as explicitly consented by this notice, users must not edit or otherwise modify any materials on the website. Further, unless express written permission has been granted by Homellio, users must not republish, redistribute or sub-license any materials from the website, show any materials from the website in public, and exploit materials from this website for any commercial or non-commercial purposes.
In addition, users must not (i) use the website in any way or take any action that may directly or indirectly cause damages to the website, impairment of the website performance, and availability or accessibility of the website; or (ii) use the site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purposes or activities, both directly and indirectly; or (iii) use the website to host, copy, store, transmit, send, publish and/or distribute any materials which consist of
– or is linked to – any spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits or any other malicious computer software; or (iv) conduct any manual, systematic or automated data collection activities, including – without limitation – data scraping, data mining, data extraction and data harvesting on or in relation to the website without Homellio’s express written consent. If users learn of any unlawful materials and/or activities on the website, or any materials and/or activities which breach this notice, please contact Homellio immediately. With regard to enforcement of copyrights, Homellio takes the protection of its copyrights and related issues extremely seriously. Should Homellio discover that any parties have used its copyright materials in contravention of the licence set out within this notice, the company will bring immediately – to the fullest extent of the laws possible – legal proceedings against those involved, seeking maximum monetary damages, injunctions to stop and terminate such materials being used illegally, and/or other compensations and measures permitted by prevailing laws. Users may request permissions to utilise copyright materials published on the website for legitimate reasons by contacting Homellio directly, prior to the proposed uses taking place. However, Homellio does reserve the right to decide if such permissions should be granted or declined at its sole and final discretion.
In respect of trademarks, all users of the Homellio website must understand and accept the definition of a trademark, which is a type of intellectual property right that protects names and other marks associated with a particular product or company. As a result, Homellio takes all trademark-related matters extremely seriously, as it does with all copyright-related issues. Homellio is currently in the processing of completing the necessary international trademarking formalities and warns all users against any unauthorised uses of its name, logo and/or any other trademarks without prior written consents granted by Homellio. Any such breaches will lead to immediate legal proceedings against the parties concerned – to the fullest extent of the laws possible – pursued by Homellio, which will seek maximum financial damages, injunctions to stop and terminate such illegal uses, and/or other compensations and measures permitted by prevailing laws.
Homellio reviews and updates this Legal Statement and its Copyright and Trademark notice on a frequent and regular basis in order to reflect and accommodate any relevant changes and modifications in corporate requirements, government legislations and market conditions, as such this document is always current and can be treated as the latest version available to all the parties concerned.
For all copyright and trademark- related matters – as with for all other legal concerns – contact Homellio’s legal counsel and representative: Mr Nadeem Akhtar, Managing Partner, Blackstone Legal, The Old Courthouse, Hughenden Road, High Wycombe HP13 5DT, England, United Kingdom
© 2020 Homellio Limited