Terms & Conditions
Terms & Conditions
- Who We Are
www.hellou.com is a website operated by helloU Limited (“we”). We are registered in England and Wales under company number 06351052 and have our registered office at One Lyric Square, London, W6 0NB. Our VAT number is GB 938 9921 61.
2.2 Unless specified otherwise, the services and products available on the Site are provided to you by helloU or its affiliates, partners or licensors.
2.3 Please read these Terms carefully before you start to use the Site, since your use of the Site is subject to these Terms. By using the Site, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using our Site.
2.4 If you have any questions about these Terms please contact us by email at firstname.lastname@example.org
- Policies and Changes to these Terms
3.2 We may make changes to these Terms from time to time, which will be effective when posted on the Site. We may not notify you directly/personally of changes to the Terms and so we encourage you to check the Site regularly for any updates as they are binding on you.
3.3 You will be subject to the policies and Terms in force at the time that you use the Site or that you order goods or services from us, unless any change to those policies or these Terms is required to be made by law or government authority (in which case it may also apply to orders previously placed by you).
- Site Content
4.1 All material on the Site (excluding any User Content as defined below), including text, graphics, photos, logos, button icons, images, music, audio and audio visual clips, digital downloads, databases, data compilations, data and software, content on deals, and all intellectual property rights contained therein (“Content”) are the sole and exclusive property of helloU or its affiliates, partners or licensors (subject to clause 16.4).
4.2 Unless otherwise specified, the Site, the Services and the Content are for your personal and non-commercial use only.
4.3 You may not use, transfer, copy or otherwise reproduce or modify any part of the Site, the Services, the Content or their source HTML code in any form or by any means (electronic, mechanical or otherwise) except for the purpose of viewing their content and using the Services.
4.4 You must not use any part of the Site, the Services or the Content for reasons that are in competition with us.
5.1 “Posting” means creating and/or uploading to the Site or any of the Sites or one of our commercial partners’ sites in any way, any files, data, audio content, text content and metadata (“User Content”), which includes without limitation photographs, images, biographical words and data, tags, titles, usernames, web addresses, comments and responses associated with a Posting (and any derivatives, extracts and copies from those), its creator, subject and location.
5.2 By Posting on the Site, you are authorising and granting to us and (if applicable) our relevant partner(s) and affiliates an irrevocable, worldwide, perpetual, royalty-free, and non-exclusive licence to publish, use and exploit the User Content, including by displaying and making it available to the public on the Sites. Any Content you Post to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We are under no obligation to screen or monitor User Content.
5.3 You will retain ownership of your User Content at all times.
5.4 We have the right to store any User Content, and at our discretion to make available any User Content on the Site, in each case indefinitely. However, we are not obliged to make available or otherwise exploit any User Content. We are not responsible for any loss, theft, rights infringement or damage of any kind to or associated with the User Content and you take sole responsibility for the User Content that you provide to us.
5.5 You must not, and must ensure that no user from your internet account, provides or transmits, whether via the Services or otherwise, any User Content that is offensive, that comprises information that you know to be false or misleading, that promotes or facilitates illegal activities, that is abusive, threatening, obscene, defamatory or libelous, or that infringes any rights of any third party (such as copyright and trade marks). We have the right to take down, edit and/or suspend any User Content, including any User Content that is in our view unsuitable, offensive or infringes any of the foregoing restrictions, but we have no obligation to monitor your Postings and you remain solely liable for all User Content the subject of the Posting by you or by any user from your internet account. Please note that we can only take down Content and User Content from the Site; we do not undertake to take down or delete any Content or User Content which has been downloaded or stored elsewhere (for example, User Content which has been embedded in one of our commercial partners’ sites and/or User Content which has been downloaded and stored by another User). If and when necessary, helloU will co-operate with lawful authorities in relation to the interception, removal and disclosure of User Content which comes to our attention and is illegal, which for the avoidance of doubt may include providing all your content and identification details held by us to such lawful authorities.
5.6 We strongly advise you not to post your contact details or other such personal details on the Site for other users to see and to remain vigilant with the access and security related to your internet account.
- Age and other Requirements
6.1 Unless otherwise stated on this Site, the Services are available only for people aged 18 or older.
6.2 We (or certain third party providers in respect of certain Products) may require evidence as to whether any eligibility requirement has or has not been met.
6.3 Whilst some of our services may include references to alcohol, we encourage consumers (of a legal age) to enjoy alcohol in moderation and to drink responsibly.
- Registration and Passwords
7.1 You may need to complete a registration process by providing certain information (including your name, email address, city and registering a password for use in connection with the Site). You agree that you will provide truthful and accurate information when registering or opening an account. The decision to register a password is at our discretion and we may revoke or suspend your password or account at any time.
7.2 You are responsible for maintaining the confidentiality of the password and your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of the Site by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.
7.3 You must immediately notify us of any unauthorised use of your password or account or any other breach of security (whether actual or suspected).
7.4 We will not be liable for any loss or damage whatsoever resulting from the disclosure of your password contrary to these Terms. You may not use another person’s account at any time without the express permission of the account holder.
- Our Services
8.1 Our Site allows you to:
- (a) view Content and User Content on the Site.
- (b) connect and share User Content via the social networking functions of Facebook.
- (c) receive information for events and vouchers to events (and the like).
- (d) download vouchers for third party events and venues and related products (“Products”).
8.2 You should ensure that your computer meets any minimum technical requirements for the Services, stated on, or contemplated by, the Site. You may be required to install third party software to access some or all of these Services. You are responsible for ensuring that the software functions correctly with the relevant Service. Terms and conditions provided by the software supplier may apply to your use of the software.
- Downloading Products
9.1 Instructions: You must follow the onscreen instructions on the Site to download a voucher relevant to a Product.
9.2 Restrictions: We may reject your download for any reason prior to acceptance. Please note that some Products may be limited in availability.
9.3 Cancellation: We are not able to cancel the download of a Product once we begin the process of supplying it. Your statutory rights are unaffected.
9.4 Usage Rules: You may not transfer, distribute, resell, upload or otherwise deal with any vouchers or Products, save as expressly permitted under these Terms.
9.5 Risk and Title: Products or vouchers downloaded or purchased will be at your risk from the time of delivery or download (whichever is earlier).
9.6 Third Party Discretion: helloU will not be responsible if vouchers or Products presented at third party venues are not accepted for any reason which is outside the control of helloU. This includes, but is not limited to, a third party exercising its right to refuse admission of any person to a venue or event or refusing to serve a person with alcohol for any lawful reason.
- Third Party Suppliers
10.1 Sometimes Products available via our Service will be made available, or delivered, to you direct from third parties. We may facilitate the delivery process for those third parties as agent, but we are not the service providers or delivery agents, nor are we responsible in any manner whatsoever for the delivery, quality, performance or results of such Products. You are therefore dealing with us as agent in relation to Products via the Site.
10.2 Admission to third party venues is subject to any such venue’s admissions policy and helloU will not be responsible for any failure by you to observe such policies.
- Technical Problems
11.1 If technical problems delay or prevent receipt, delivery or download of a voucher or Product we will endeavour but do not guarantee to provide you with a replacement. Your statutory rights are not affected.
11.2 We will not be liable to you for failure to supply, download or deliver Products caused by:
- 11.2.1 your provision of incorrect information;
- 11.2.2 your computer failing to meet the minimum technical requirements for the Service (including, for example, the requirement for a printer in order to access and use any Products);
- 11.2.3 your failure to comply with instructions for use of the Service and/or any Products;
- 11.2.4 the third party supplier (or anyone else); or
- 11.2.5 an event which is outside of our reasonable control.
- Your Use of our Site
You must not (and must ensure that no user from your internet account does any of the following):
12.1 act in any way that would damage, disable, overburden, or impair the Site or the Services or constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability;
12.2 upload, post or transmit to, or distribute or otherwise publish through the Site any materials that contain false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory, or use of which may be in breach of any third party’s rights;
12.3 misuse our Site by knowingly introducing on, or upload, post or transmit to, or distribute or otherwise publish through, the Site any materials that contain viruses, trojans, worms, logic bombs or other material which is malicious, harmful or technologically harmful.
12.4 attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
12.5 impersonate any person or entity or misrepresent your affiliation with any other person or entity;
12.6 exploit, use or copy any information or other material obtained on or through the Site for commercial purposes or for any other purpose that is in competition with us, including, without limitation, exploiting, using or copying information of our deal suppliers for your commercial purposes;
12.7 engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping”, or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using helloU cookies for purposes which are unrelated to the Services);
12.8 attempt to gain unauthorised access to other computer systems through this Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site; or
12.9 reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of or access to the Site or the Services.
13.1 We may, at our sole discretion, terminate your password, account or use of the Site without notice if we believe that your use of the Services is unsuitable or that you are in breach of these Terms.
13.2 Termination, suspension or cancellation of your access rights does not affect any other right or relief to which we may be entitled, at law or in equity.
13.3 On termination, all rights granted to you under these Terms will automatically terminate and immediately revert to us and our licensors (save for any continuing rights which you may have in connection with Products which you have downloaded from this Site).
You agree to indemnify us and our affiliates and our respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:
14.1 any misrepresentation, act or omission made by you in connection with the use of the Site by you or any user from your internet account;
14.2 any non-compliance by you with these Terms; or
14.3 claims brought by third parties arising from or related to access or use of this Site by you or any user from your internet account, including without limitation the User Content or other information made available by you to this Site.
15.1 Our liability for losses which you suffer is strictly limited to any losses which are a foreseeable consequence of us breaching these Terms. Losses are foreseeable if they are contemplated by you and us at the time your order is accepted by us. We are not responsible for indirect losses or losses which are not foreseeable by you and us, nor for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time, however arising and whether caused by tort (including negligence), breach of contract or otherwise. This Section should not be interpreted to suggest that our Services are offered other than for your personal, non-commercial use only.
15.2 In respect of all aspects of the Site and Services (and subject to the other provisions of this Section 15), helloU, any other party (whether or not involved in creating, producing, maintaining or delivering the Site), and any of our group companies, and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Site in any way or the User Content or in connection with the use, inability to use or the results of use of the Site, any websites or social media sites linked to, or accessed via, the Site, or the material, content and postings on such websites or social media sites, or all third party suppliers of Products, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites or social media sites linked to, or accessed via, the Site, or any Products (including any consumption or adverse reaction resulting therefrom).
15.3 If you choose to post your location, your intended location or any other such personal information on the Site you accept that this is entirely at your own risk and we are not responsible for any loss or harm which occurs as a result of your sharing any information about your location or intended location. Although we will do our best to restrict the sharing of this information to members of helloU we are not responsible if any other persons find out about your location or intended location because you have posted this information on the Site or any part of the Site. Although we will endeavour to restrict membership of the Site to UK students we are not responsible if any members of the Site do not in fact meet this or any of the other eligibility criteria.
15.4 This Section does not in any way limit our liability:
- 15.4.1 for death or personal injury caused by our negligence;
- 15.4.2 for fraud or fraudulent misrepresentation; or
- 15.4.3 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
15.5 Where you buy any product or service from a third party seller or service provider through or via the Site (whether via a voucher or otherwise), the seller’s or provider’s individual liability will be set out in the seller’s or provider’s terms and conditions and we will not have any liability or responsibility in relation to such product or service.
16.1 The Content (as defined above) and Services are provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Site and Services on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Site and Services).
16.2 We endeavour to ensure that information on the Site is correct, but we cannot guarantee the accuracy and completeness of the material on the Site. We may make changes to the Content, or to any products, services and prices described in it, at any time without notice. The Content may be out of date, and we make no commitment to update such material.
16.3 We may discontinue or alter any aspect of the Site or Services at any time in our sole discretion without prior notice or liability.
16.4 We publish, re-post or re-gram posts, images and submissions from a wide variety of sources. Due to our high volume of posts, images and submissions we are not able to always verify the original source of content. Due to the nature of the internet and the widespread availability of the content we use, if we have used your content or images and not credited you, we ask that you send us an email to email@example.com containing the original URL of the content and we will use our reasonable endeavours to update the post as soon as possible. We exclude all liability in relation to such published, re-posted or re-gramed posts, images and submissions.
- Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. Our performance under these Terms is deemed to be suspended for the period that the event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by means of which our obligations may be performed despite such event.
Links to third party websites, or social media sites, from or via the Site are provided solely for your convenience. If you use these links, you leave the Site. We do not control and are not responsible for these websites or social media sites or their content, postings, images or availability and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse or make any representations about them, or any material on them, or any results or ramifications that may be obtained from using them. If you decide to access any of the third party websites or social media sites linked to, or accessible via, the Site, you do so entirely at your own risk.
19.1 While we endeavour to ensure that the Site is normally available 24 hours a day, we will not be liable if for any reason the Site is unavailable at any time or for any period.
19.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
- Intellectual Property Rights
20.1 We are the owner or the licensee of all intellectual property rights (including, without limitation, trade marks and copyright) in our Site, and in the material published on it (including, without limitation, its look and feel, brands, logos and trade marks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein), subject to clause 16.4. Those works are protected by intellectual property laws around the world. All such rights are reserved.
20.2 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site. You must not scrape or modify the paper or digital copies of any materials you have printed off, downloaded or extracted in any way, and you must not use any content separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
20.3 You must not use any part of the materials on our Site, Services or e-commerce facilities for commercial purposes (whether in the form of re-selling products or services on aggregate comparison sites or otherwise) without obtaining a written licence to do so from us or our licensors. If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
21.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This does not affect your statutory rights.
21.2 All notices given by you to us must be given to helloU by email at firstname.lastname@example.org. We may give notice to you at the email address you provide to us when registering with the Site, or by posting the notice on the Site. Notice will be deemed received immediately when posted on the Site or 24 hours after an email is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an email, that the email was sent to the specified email address of the addressee.
22.1 These Terms, together with any documents or links to other terms referred to in them, constitute the whole agreement between you and us and supersede and extinguish any prior understandings, agreements or terms relating to such subject matter.
22.2 The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
22.3 No breach by either you or us of any provision of these Terms shall be waived or discharged except with the express written consent of the other.
22.4 No failure or delay by either you or us in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or us of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
22.5 These Terms shall be binding on and ensure for the benefit of each party’s successors in title.
23. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with English law and you and we hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts as regards any claim or matter arising in relation to these terms.