Terms of Use
This page (together with the documents referred to on it) tells you the terms of use ("Terms of Use") on which you may make use of our website www.howwas.com (our "Site"), whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use the Site. By using our Site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our Site.
Information about us
www.howwas.com is a site operated by UK Knowledge Limited ("We" / "us"). We are registered in Scotland under company number SC305346 and have our registered office at The Mechanics Workshop, New Lanark, Lanark, Lanarkshire ML11 9DB (VAT No. 9178531).
Accessing our Site
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using our Site, you must comply with the provisions of our Acceptable Use Policy [INSERT AS LINK TO ACCEPTABLE USE POLICY].
You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
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 modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics 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.
You must not use any part of the materials on our Site for commercial purposes without obtaining a 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 of Use, 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.
Reliance on information posted
Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
Our Site changes regularly
We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
Our liability
5.1 Our Site - The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, expressly exclude:-
all conditions, guarantees, warranties and other terms which might otherwise be implied by statute or common law;
any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Promotional Messages See Clause 8 - The content of the Promotional Messages sent to you by Business Owners is provided by those Business Owners. We are a mere conduit to the transmission of the Promotional Messages and will not be responsible or liable for the accuracy, legality or veracity (or any other aspect) of their content. To the extent permitted by law, we, expressly exclude:-
all conditions, warranties and other terms which might otherwise be implied by statute or common law;
any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our Site
We process information about you in accordance with our Privacy Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
Our Interactive Feedback Service
7.1 If you have received or experienced a service from a business and were invited to submit feedback about that service by text message or by posting a message online through howwas.com (a "Review"), then the business who supplied the service is one of our customers. We refer to them here as "Business Owners".
7.2 If you have submitted a Review or are thinking about doing so, but have not registered on this Site for a Consumer Account (see clause 8 below) then:-
7.2.1 first of all, thank you very much for your time - the Business Owner(s) whose service(s) you have or might review will be grateful for your feedback;
7.2.2 please note that submitting a Review is free;
7.2.3 You do not have to make any comments if you don't want to. If you would prefer to award a mark out of five instead, we would still love to hear from you. If you'd lie to do both, please fee free to do so.
7.2.5 If you are submitting a Review by text message using your mobile telephone then we will have a record of your mobile telephone number, but we don't know anything else about you unless you register for a Consumer Account and you don't need to tell us anything else. Reviews are ALWAYS anonymous. We will not pass your telephone number on to anyone else (see our Privacy Policy);
7.2.6 [If you are submitting a Review by posting it on our Site then we will have a record of your email address, we don't know anything else about you unless you register for a Consumer Account and you don't need to tell us anything else. Reviews are ALWAYS anonymous; We will not pass your email address on to anyone else (see our Privacy Policy);
7.2.7 you are under no obligation to do anything else if you do not wish to do so. HOWEVER, please note that if you register your details with us and open a Consumer Account, the next time you submit a Review, you will become eligible to receive (by text message directly to your mobile telephone) information on discounts, offers and promotions ("Promotional Messages") from the Business Owners whose services you have Reviewed.. Registration is free and you can unsubscribe at any time. See Clause 8 for more details.
7.3 Whenever you submit a Review, any information or material you send ("Review Content") will be considered non-confidential and non-proprietary, and you agree that we have the right to use, copy, distribute and disclose to third parties any such Review Content for any purpose.
7.4 Reviews sent by you or any other user of our Site must conform to our Content Standards [INSERT LINK TO CONTENT STANDARDS].
7.5 The use of our Interactive Feedback Service by a minor is subject to the consent of their parent or guardian.
Registering for a Consumer Account
8.1 IMPORTANT - If you register your details with us and open a Consumer Account, you are agreeing to be added to our marketing database and will receive Promotional Messages by text message directly to your mobile telephone from the Business Owners whose services you have reviewed.
8.2 To register for a Consumer Account, you will need to fill in our online registration form.
8.3 Registration is free and you can unsubscribe at any time by clicking "Unsubscribe Me" on the "Edit My Details" page once you have logged in. You will be removed from our marketing database and you will no longer receive Promotional Messages.
8.4 You will be asked for certain details about you including your mobile telephone number, age, gender, address, post code and email address. You will also be asked to provide a username.
8.5 You must ensure that the details provided by you on registration or at any time are correct and complete. It is your responsibility to update us of any changes to your details (including change of address or mobile telephone number).
8.6 Errors in your registration should be corrected by as soon as you become aware of them. You can correct errors as follows:-
8.6.1 before you submit your registration form, by deleting the inaccurate details and re-entering the relevant information on the registration form; or
8.6.2 after you submit your registration form, by following the instructions on the Edit My Details.
8.7 Your privacy is very important to us and your information will be treated strictly in accordance with our Privacy Policy.
8.8 When you have registered for a Consumer Account, you will immediately be eligible to receive Promotional Messages from the Business Owners whose service(s) you review or have reviewed. The Promotional Messages all come through us, and the Business Owners never have access to your telephone number.
8.9 If you decide that you no longer wish to be contacted, by any particular Business Owner then simply clicking the relevant "Unsubscribe Me" button on the "My Feedback" page. You will no longer receive Promotional Messages from that Business Owner.
Viruses, hacking and other offences
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our Site
Where you register with us as a Business User, you may link to your profile page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy [INSERT AS LINK TO ACCEPTABLE USE POLICY].
If you wish to make any use of material on our Site other than that set out above, please address your request to membersupport@howwas.com.
Links from our Site
Where our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those Sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
The Scottish courts will have [exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland.
Trade marks
"HOWWAS" is a registered trade mark and you may not use it without our written permission.
Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site.
Your concerns
If you have any concerns about material which appears on our Site, please contact us via the link at www.howwas.co.uk/contactus or email us at info@howwas.com.
Thank you for visiting our Site.
