Effective date: 25 May 2018
When you visit Heartface’s websites (“the Sites”) and Heartface's mobile applications and any other platforms Heartface owns or controls and makes available to you (collectively, the “Services”), you access linked pages or blogs, features, content (including any information, text, graphics, photos, videos uploaded by you and/or other users, comments, reviews, links, or other materials uploaded, downloaded or appearing on, or linked to the Services) (collectively the “Content”). By granting us access to your personal data for the collection, use, disclosure and retention of your personal information by us, as described in this Notice, we can make the Services even better for you, like showing you more relevant products and videos and making it easier for you to discover products you are interested in.
Any personal data about our users (the “User” or “you”) provided to or gathered by the Services is controlled by HEARTFACE LTD (a company incorporated in England and Wales, with company number 10827592 and with a registered office at 6, 57a Chalk Farm Road, London, NW1 8AN) ("Heartface").
What Does This Notice Cover?
This Notice covers Heartface’s treatment of personal data that Heartface gathers when you access the Services and/or use/upload Content. We explain what information we gather, why we gather it and the choices you have regarding your personal information.
What Personal Information Does Heartface Collect?
We may collect two types of data and information from you:
The first type of information is non-identifiable and anonymous information (“Non-personal information”). We are not aware of the identity of the User from which we have collected Non-Personal Information. Non-Personal Information is any unconcealed information which is available to us while Users are using the Sites. Non-personal Information which is being gathered consists of technical information and behavioural information, including, but not limited to, the operating system, type of browser, screen resolution, the period of time the User visited the Site, etc.
The second type of information is individually identifiable information (“Personal Information”).
This information may identify an individual or may be of a private and/or sensitive nature. Personal information which is being gathered consists of any personal details provided consciously and voluntarily by you including name, email, address, IP address and other unique identifiers and any other information you choose to provide to Heartface. As customers, you do not have any legal obligation to provide any information to Heartface. However, we require certain information from you in order to operate properly, including completing a transaction on your behalf. Login credentials (email and username) enable us to personalize and improve our services. You hereby agree and acknowledge that any Personal Information you do provide to us is provided at your own free will, for the purposes mentioned in this Privacy Notice and that we may keep such Personal Information in a database(s) which will be registered and kept in accordance with applicable laws and regulations.
We retain personal information no longer than is legally permissible and delete personal information when it is no longer necessary for the purposes set out in this Notice.
How do we collect information on our users?
i. Personal Data You Provide to Us
We collect Personal Information when you register and open an account with Heartface by completing the registration form. We receive and store any information you enter on the Services or provide to us in any other way. The types of personal data collected may include your full name, email address, IP address, browser information, username, password, home and billing address, shipping address, credit card information and any other information necessary for us to provide the Services, including the usernames and passwords for your accounts and profiles on third-party sites with which the Services interoperates.
We will collect details of transactions you carry out through our Services and of the fulfilment of your orders. If you contact us, we may keep a record of that correspondence. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our features (see section 9 below for further information on the choices you have).
ii. Personal data Collected Automatically
b. More generally, our Services automatically collect usage information, such as the numbers and frequency of visitors to our Services and its components, similar to user music preference data or to TV ratings that indicate how many people watched a particular show. Heartface only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often customers use parts of the Services or another feature of the Content so that we can make the Services appealing to as many customers as possible. As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use our Content. We share this type of statistical data so that our partners also understand how often people use our Content, so that they, too, may provide you with an optimal online experience. Again, Heartface never discloses aggregate information to a partner in a manner that would identify you personally, unless it needs to in order to complete a transaction on your behalf. Heartface only discloses information to third parties it trusts.
iii. E-mail Communications
We often receive a confirmation when you open an email from Heartface if your computer supports this type of program. Heartface uses this confirmation to help us make emails more interesting and helpful. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. Depending on your email notification settings, we may send you instant, daily or weekly "sale alert" updates and other marketing emails that include new products you may be interested in. You can choose to stop getting these updates at any time by opting out for promotional emails using the unsubscribe link in the emails, updating your account settings or through other settings we may provide for this purpose.
iv. Mobile Apps
When you download or use apps created by Heartface or its affiliates or subsidiaries and, where applicable, have requested or consented to location services, we may receive information about your mobile device and your location, including a unique identifier for your device. We may use this information to provide you with personalised content and location-based services, such as search results. Most mobile devices allow you to turn off location services. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.
What About Cookies?
Why Do We Collect Information?
Non-personal Information is collected in order to:
- Create aggregated statistical data for research purposes and customisation and improvement of the Sites
Personal Information is collected in order to:
- Operate the Services
- Process payments
- Communicate with you about your orders, as well as products, services and promotional offers
- Administer your accounts and update our records
- Display content and recommend merchandise and services that might be of interest to you
- Improve our Services and platform, prevent or detect abuses of our Services and enable third parties to carry out technical, logistical or other functions on our behalf
- Be able to contact you for the purpose of providing technical assistance, sale reminders and other related information to the Services and collect feedback
- For market research, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity
- To provide to third-party contractors
- For risk control, for fraud detection and prevention, to comply with laws and regulations, and to comply with other legal process and law enforcement requirements
- To enforce Heartface's Terms and Conditions, Privacy Notice and Cookies Policy
Where Will We Store Your Personal Data?
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed and used by staff operating outside the EEA who work for us or by one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your request, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Notice.
All information you provide to us is hosted and stored on Linode cloud-based services in London. For further information on the measures taken by Linode to protect the security of their servers and your personal data, please see: https://www.linode.com/security/. If you are not satisfied with the levels of security offered by our cloud provider, you should restrict the nature and amount of personal data or confidential information which you include in your log data or not use the Services. Any payment transactions will be encrypted using Secure Socket Layer (SSL) technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Services, you are responsible for keeping this password confidential. You must not share a password with anyone.
Sharing Information With Third Parties
We share your Personal Information only as described in this Notice and require commercial entities with which we share your Personal Information to agree to keep your information confidential.
i. Heartface Partner Websites We Do Not Control
iii. Other Third Parties
We may share your personal data with selected third parties including advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
We may also share your personal data to analytics and search engine providers that assist us in the improvement and optimisation of our site. We have implemented the Google Analytics Demographics and Interest Reporting feature. Click here for information on opting out of Google Analytics features.
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, Heartface’s agents do not have any right to use personal data we share with them beyond what is necessary to assist us.
v. User Profiles and Other Information You Post
User profile information including your username, name, email address, and other information you enter (“User Submissions”) may be displayed to other users to facilitate user interaction within the Services and allow you to follow other users, and them to follow you. Email addresses are used to add new User Submissions to user profiles and to communicate through User Submissions. Any personal data or content that you voluntarily disclose online (on discussion boards, in messages and chat areas, through reviews in product pages, etc.) become publicly available and can be viewed, collected and used by others. Any images, captions, physical descriptions, personal interests or other content that you submit to the Services may be redistributed through the Internet and other media channels, and may be viewed by the general public.
Please be aware that whenever you voluntarily post information to public areas on the Services or any other public forums, such information can be accessed by the public.
vi. Communication in Response to User Submissions
As part of the Services, you will receive from Heartface email and other communication relating to your User Submissions. You acknowledge and agree that by posting such User Submissions, Heartface may send you email and other communication that it determines in its sole discretion relate to your User Submissions. Heartface may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Heartface account, which you may not be able to opt-out from receiving.
vii. Business Transfers
In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if Heartface, or substantially all of its assets were acquired, or in the unlikely event that Heartface goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred to or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Heartface may continue to use your Personal Information as set forth in this policy.
viii. Protection of Heartface and Others and a Transfer in the Ownership of Heartface
We may release personal data when we believe in good faith that release is necessary to comply with the law, regulation or legal request; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Heartface, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. You agree that we may also share your data with entities where Heartface is engaged in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy.
ix. Integrated Checkout
We allow you to purchase items from multiple different Heartface Partners via the Services through our Integrated Checkout service. Heartface Partners that are part of our Integrated Checkout marketplace (please see the terms and conditions for more information on the Integrated Checkout service) promote and market their items to you through the Services. Purchases made using our Integrated Checkout Service are processed either:
(a) by the Heartface Partner using information that you provide to us, or
We require our partners to honor your opt-out requests if you elect to stop receiving marketing e-mails. Please be advised that you cannot opt-out of receiving emails related to your transactions. If, for whatever reason, your opt-out request is not honored, please let us know and we will attempt to resolve the issues. We may also share your data with Heartface Partners in connection with certain promotions and competitions. These will be subject to additional rules and conditions which will be made available at the time of any such competition or promotion. You should carefully review the rules and conditions relating to such competitions and promotions.
x. With Your Consent
By using the Services, you consent to our sharing of personal data for the above purposes.
We may share some or all of your personal data with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
Is Personal Information About Me Secure?
The personal data in the Heartface account you have with us is protected by a password for your privacy and security. You need to ensure that there is no unauthorised access to your account and personal data by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. Heartface encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Heartface cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Unfortunately, the transmission of information via the Internet is not completely secure. Heartface endeavors to protect personal data but Heartface cannot guarantee the security of your data transmitted to our Services. Unauthorised entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our platform; any transmission of data is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
What About Links To Third Party Websites?
We will take care to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with. We encrypt your information to protect it from unauthorised use. In addition, we will take reasonable steps to ensure that third party business partners' to whom we transfer any data will provide sufficient protection of that personal data.
To help ensure that your shopping experience is safe, simple, and secure, we use Secure Socket Layer (SSL) technology.
What Personal Data Can I Access?
Heartface allows you to access the following information about you for the purpose of viewing, and in certain situations, updating that information: your name; user email address; username and password; profile picture; bio; website; user preferences; zip- and/or post-codes, billing address, and payment information.
The information you can access will change as the Services change. If you are a registered user of Heartface, you can change or delete any saved payment card details and add or edit shipping and billing address information.
In the UK the General Data Protection Regulation (the "GDPR") gives you the right to access information held about you. For any request or question regarding obtaining a copy of personal data we hold relating to you, and/or correction or deletion of your personal data, and/or object to any processing of your personal data, you can submit a Subject Access Request by filling in the form below and send it to us at firstname.lastname@example.org. We will respond to your access and/or correction request within 30 days.
However, please note that although your Personal Information may be removed from our databases, Heartface will retain the anonymous information contained in the data you provided, and such information will continue to be used by us for statistical purpose.
After a request from a User to delete any data, an automated process will begin that permanently deletes the relevant data. Once begun, this process cannot be reversed and data will be permanently deleted. Any data which is not deleted shall be kept in an anonymized manner.
As a registered User you can always view, access, change and delete your information by logging into your account.
Similarly, Heartface collects and retains usage data, other metadata and statistical information concerning the use of the Service are not subject to the deletion procedures in this Notice and may be retained by Heartface. Some data may be retained also on our third party service providers’ servers.
What Choices Do I Have?
As set out above, you can always opt not to disclose information, even though it may be needed to take advantage of the Services.
You are able to add or update certain information on pages, such as those listed in section 10. “What Personal Data Can I Access” above. When you update information, however, we often maintain a copy of the unrevised information in our records.
Once Heartface accounts are activated, you may request deletion of your account by following the instructions at the Account Settings section of the Services. Please note that some information may remain in our records after deletion of your account.
When you register for an account at our Services, you consent to receive certain email or other communications from us; if you do not wish to receive any such communications, you should not register for an account at our Services. We may also use your data to provide you with information about products and services which may be of interest to you, directly or on behalf of one of our business partners. You can however change the type and frequency of the emails you receive from us at any time by changing your email settings here or by unsubscribing from such emails.
Most mobile devices provide users with the ability to disable location services. These controls are usually located in the device's settings menu. Please contact your mobile service carrier or device manufacturer if you have questions about how to disable your device's location services.
Please note that if you choose not to receive legal notices from us, such as this Notice, those legal notices will still govern your use of the Services, and you are responsible for reviewing such legal notices for changes.
We do not knowingly market or sell products for purchase by children. The Services are not designed for use by children under 13 years old. Children under 13 are not allowed to register with or use the Services, or submit personal data through the Services. We do not knowingly collect personal data from anyone under the age of 13. If we discover that we have collected personal information from a child under 13, we will delete that information immediately.
Changes To This Notice
Heartface reserves the right to change this Notice from time to time. Use of information we collect now is subject to the Notice in effect at the time such information is used. If we make substantial changes in the way we use personal data, we will notify you by posting an announcement on our Services or sending you an email. Otherwise, all other changes to this Notice are effective as of the stated “Last Revised” date and your contined use of the Site and/or Services after the Last Revisited date will constitute acceptance of, and agreement to be bound by, those changes.
15. Questions Or Concerns
If you have any questions or concerns regarding privacy on our Services or the Content, please send us a detailed message here. We will make every effort to resolve your concerns. If your questions or concerns are not answered online, you may write to us at 6, 57a Chalk Farm Road, London, NW1 8AN This Agreement has been drawn up in the English language. In case of discrepancies between the English text version of this Agreement and any translation, the English version shall prevail.
Effective date: 25 May 2018
Welcome to Heartface. Heartface is brought to you by HEARTFACE LTD (referred to in these Terms as "we", "us", "our", and " Heartface"). We are a company incorporated in England and Wales, with company number 10827592 and with a registered office at 6, 57a Chalk Farm Road, London, NW1 8AN.
You are solely responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display on the Services (including product reviews, unboxings, haul videos) will be able to be viewed by other users of the Services and through third party services and websites. You can go to your account "Settings" page to disable your account, in which case no one will be able to view your Content and you will be logged out. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you are at least 13 years of age. We do not knowingly market or sell products for purchase by children. You may only buy items from Heartface if you are legally capable of forming a binding contract with Heartface (or if you are under 18 years old, but over 13 years old, with the consent and involvement of a parent or guardian) and are able to abide by and comply with these Terms, and are not a person barred from receiving the Services under the laws of the United States, United Kingdom or any other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you open an account on behalf of a company, organisation, or other entity, then: "you" includes you and that entity; and you represent and warrant that you are authorised on behalf of that entity to bind the entity to these Terms; and you agree to these Terms on the entity's behalf.
The Services that Heartface provides are always evolving and the form and nature of the Services that Heartface provides may change from time to time without prior notice to you. In addition, Heartface may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. Heartface retains the right to create limits on use and storage at its sole discretion at any time without prior notice or any liability to you. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Heartface on the Services are subject to change. In consideration for Heartface granting you access to and use of the Services, you agree that Heartface and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
In order to register, you are required to provide your username, email address and password. You are also able to add a profile picture and bio, and add user preferences.
You agree to register with Heartface and access and use your account solely for personal use. You may not authorise others to use your account.
You are solely responsible for keeping your registration and other personal details (including your username and password) for your account confidential.
You shall promptly notify Heartface of any actual or suspected unauthorised third party access to your account. You shall co-operate with, and assist, us in any action or proceedings by us to prevent or otherwise deal with any unauthorised receipt, access or use of your account by any third party. You warrant that all registration information and personal details provided to Heartface is true and accurate.
Buying Products Through Heartface
Heartface is an online intermediary which gives you a wide array of fashion items to buy from some of the world’s best known brands.
Payments made on Heartface via our Service will be processed by Stripe, a third party payment process provider.
Your credit card details will not be passed on to the Heartface Partners from whom you are purchasing the products but your billing information will be shared so that the transaction can be completed. In order to place an order on via our Services using Stripe you will need to accept Stripe’s terms and conditions. Please make sure that you carefully review Stripe’s full terms and conditions before completing a transaction on the Stripe Checkout. Please note that Heartface has no responsibility for the fulfilment or your order, regardless of how you purchase your items through Heartface. You should contact the Heartface Partner from whom you have brought the item directly in respect of any queries you have on the delivery, refund, exchange or return of the items you purchase.
For payments made on Heartface via Stripe checkout on our Services, Stripe accepts a variety of payment options, a full list of which can be viewed in their terms and conditions here.
When you pay for products via Stripe’s checkout on our Services you will be entering into a disbursement agreement with Heartface and agree to allow Heartface purchase the products from the relevant Heartface Partner on your behalf and your transaction with Heartface ends at the point at which Heartface finishes processing your order with the Partner website.
When placing an order on Heartface via our Stripe Checkout you will need to accept Stripe’s terms and conditions. Please make sure that you carefully review Stripe’s full terms and conditions before completing a transaction on our service. Stripe’s full terms and conditions are available here.
(a) Payment methods
There are certain payment methods that you cannot use on the Services. The following are not accepted:
- Cheques or postal orders
- Cash in any currency
- Purchase orders
- International wire transfers
- Direct debits or standing orders
- Bank transfers
(b) General information about online payments
However you pay for an item, you will need to follow instructions on the relevant checkout page. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment, we will not be liable for any delay or non-delivery.
We take reasonable care to make our site secure. All billing and customer information transmitted by Heartface will be fully encrypted and only used to process card transactions which you have initiated. Please note, however, that we are not responsible, and have no liability, for transactions which are made on Stripe checkout or on our Heartface Partner websites.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering through the Services.
Accessing The Services
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Services are unavailable at any time or for any period. We reserve the right to modify, restrict access or terminate access to the Services at any time.
From time to time, we may restrict access to some or all parts of our Services.
You are responsible for making all arrangements necessary for you to have access to Services. You are also responsible for ensuring that all persons who access Services through your internet connection are aware of these Terms, and that they comply with them.
Content On The Services
All Content you post on the Services (such as product reviews) is the sole responsibility of the person who originated such Content.
Heartface reserves the right to routinely screen and monitor the content posted on the platform and to remove content which violates these Terms (or applicable law) of which Heartface becomes aware, but Heartface is under no obligation to do so. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. If we are notified by a third party that the Content you submit or post is in violation of these Terms or any applicable law, either in letter or in spirit of these Terms, we reserve the right to remove such Content from the Services without notice to you.
Heartface does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed by users of the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Heartface be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Following termination or deactivation of your account, or if you remove any Content from the Services, we may retain your Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, we and other users of the Services may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Content that other users have stored or shared through the Services.
We allow you to follow other Heartface users and see videos they have liked and posted on the Services. By using the Services, you agree to allow other users of the Services to follow you.
You retain your rights, including copyright and other intellectual property rights, to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services from time to time, you grant Heartface a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, create derivative works from, and distribute such Content in any and all media or distribution methods (whether now known or later developed).
You agree that this licence includes the right for Heartface to make such Content available to other companies, organisations or individuals who partner with Heartface for the syndication, broadcast, distribution or publication of such Content on other media and services.
You agree that no compensation will be payable to you in respect of any of the foregoing uses by Heartface, or other companies, organisations or individuals who partner with Heartface with respect to the Content that you submit, post, transmit or otherwise make available through the Services. You waive all moral rights (or similar or equivalent rights in other jurisdictions) you have in such Content to the fullest extent permitted by law.
Heartface may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and Heartface’s third party partners. You understand that your Content may be used, reproduced or displayed by Heartface’s partners and if you do not have the right to submit Content for such use, it may subject you to liability. Heartface will not be responsible or liable for any use of your Content by Heartface in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Heartface gives you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive licence to use the Services (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to these Terms. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Heartface, in the manner permitted by these Terms.
The rights in the Service are licensed, not sold to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, make a derivative work from the software in the Services.
All right (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Services and the Content (excluding Content provided by users of the Services) including but not limited to all information, data, text, maps, graphics, the "look and feel", logos, icons, trade marks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Services, and the underlying code and software in the Services are and will remain the exclusive property of Heartface and its licensors. The Services are protected by copyright, trade mark, and other laws and treaties around the world. All such rights in the Services, Content (excluding Content provided by users of the Services) and related material are reserved.
HEARTFACE is a registered trade mark of HEARTFACE LTD. Both the trade mark and the Heartface logo are owned by us and cannot be used without our prior written consent. Nothing in the Terms gives you a right to use the Heartface name or any of the Heartface trade marks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Heartface, or the Services is entirely voluntary and Heartface will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.
You may print off one copy, and may download extracts, of any page(s) from our Services for your personal reference and you may draw the attention of others within your organisation to material posted on our Services. 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.
You must not copy any part of the Content, with a view to creating or compiling any form of collection, compilation, directory or database unless we provide you with our prior express written consent to do so.
If you copy or download any part of the Services or Content in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Restrictions On Content And Use Of The Services
You shall not use the Services:
- in any way that violates any local, national or other laws or regulations or any order of a court in any relevant jurisdiction;
- for any purpose that is not permitted by these Terms;
- in any way that infringes the rights of any person or entity, including their copyright, trade mark or other intellectual property rights, or other privacy or contractual rights;
- to distribute advertisements of any kind or post or otherwise communicate any false or misleading material or message of any kind;
- in any way that intentionally or unintentionally harasses, annoys, threatens or intimidates any other user;
- in any way that promotes or incites, whether intentionally or unintentionally, racism, bigotry, hatred or physical harm of any kind;
- in any way that is abusive, defamatory, inaccurate, obscene, offensive, objectionable or sexually explicit;
- to post photographs or images of another person without his/her permission (and if a minor, the permission of the minor's legal guardian);
- to promote illegal or unlawful activities or in any way which may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm, distress or inconvenience to any person;
- to access, tamper with, cause damage to, or use non-public areas of the Services, Heartface’s computer systems, servers or equipment or the technical delivery systems of Heartface’s providers
- to access or attempt to access any data of other users of the Services or to penetrate any of the security measures relating to the Services, or to probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- in any way that intentionally or unintentionally deceives, defrauds or swindles any other user;
- to introduce any malware, virus or other harmful software program that intentionally or unintentionally damages or interferes with the operation of the Services, including but not limited to cancel bots, denial of service attacks, time-bombs, worms, Trojan horses, viruses or any other maleficent software or hardware;
- interfere with, or disrupt, (or attempt to do so), the access of any user, host or network including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
- to copy, modify, or distribute any other users' Content without their consent;
- for commercial purposes other than as expressly permitted in these Terms;
- to bypass measures used to prevent or restrict access to the Services;
- to solicit or provide unlawful services;
- to harvest or otherwise collect information about others without their consent;
- to gain unauthorised access to the Services, the server on which the Services is stored or any server, computer or database connected to the Services;
- to forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- to scrape, crawl or spider or otherwise use the Services or any Content for phishing, spamming, trolling or any unauthorised (commercial) purpose; or
- to promote or support or solicit involvement in any political platform or cause, religion (recognised as organised or unorganised), cult or sect of any kind.
Heartface reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. Heartface also reserves the right to access, read, preserve, or disclose any information as it reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or; (v) protect the rights, property or safety of Heartface, its users and the public. While we will do what we can to protect the security of your Content and account, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
The Services Are Available "as-is"
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis.
Without limiting the foregoing, HEARTFACE AND ITS PARTNERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY WARRANTIES, REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATION), GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED. Heartface makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, functionality, compatibility, freedom from defects, timeliness, security, performance, availability, or reliability of the Services or any content thereon. Heartface will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Heartface has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. Heartface makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Heartface or through the Services, will create any warranty not expressly made herein. We do not provide any warranty or representation that the Services are free from infection by viruses or anything else that has contaminating or destructive properties. You use the Services at your own discretion and risk and you will be solely responsible for any damage to your computer, mobile device or network that results from your use of the Services. We will not be liable to you 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 the Services or to your downloading of any Content posted on it, or on any website or application linked to it. Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis.
Limitation Of Liability
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEARTFACE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY:
- LOSS OF PROFITS, SALES OR CONTRACTS;
- LOSS OF INCOME OR REVENUE,
- LOSS OF BUSINESS OPPORTUNITY OR GOODWILL OR REPUTATION;
- LOSS OR CORRUPTION OF DATA OR INFORMATION;
- LOSS OF ANTICIPATED SAVINGS;
- WASTED MANAGEMENT OR OFFICE TIME; OR
- ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITATIVE DAMAGES,
ARISING FROM OR IN ANY WAY CONNECTED TO:
- YOUR ACCESS TO OR USE OF THE SERVICES;
- YOUR DELAY IN USING, OR INABILITY TO ACCESS OR USE THE SERVICES;
- THE FULFILMENT OF YOUR ORDERS FROM OUR HEARTFACE PARTNERS ONCE YOU HAVE PLACED AN ORDER THROUGH HEARTFACE, INCLUDING BUT NOT LIMITED TO THE DELIVERY, EXCHANGE, RETURN OR REFUND OF ITEMS YOU HAVE PURCHASED FROM HEARTFACE PARTNERS;
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
- USE OF ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES; OR
- UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGES.
NOTWITHSTANDING THE EXCLUSIONS SET OUT IN THESE TERMS, IF WE ARE FOUND TO BE LIABLE TO YOU, OUR TOTAL AGGREGATE LIABILITY TO YOU (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN STATUE OR OTHERWISE) FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING, BY REASON OR IN CONNECTION WITH YOUR USE OF THE SERVICES, SHALL BE LIMITED TO £100.
NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER OR LIMIT OR EXCLUDE OUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE OR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER LAW.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
You are responsible, and assume liability, for all Content that you add, or link to, the Services. You agree not to hold us responsible for things other users say or do through the Services. If you have a dispute with another user, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
YOU SHALL INDEMNIFY US AND KEEP US FULLY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL LIABILITIES, COSTS, EXPENSES, DAMAGES AND LOSSES, LEGAL COSTS (CALCULATED ON A FULL INDEMNITY BASIS) AND ALL OTHER REASONABLE PROFESSIONAL COSTS (INCLUDING COSTS OF DEFENCE OF CLAIMS, SUITS OR PROCEEDINGS BROUGHT BY THIRD PARTIES)) AND EXPENSES SUFFERED OR INCURRED BY US ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE CONTENT, YOUR BREACH OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.
We reserve the unconditional right to suspend, withdraw, terminate, amend or restrict access to some parts of the Services, or to the Services entirely, to you at any time immediately without notice for any reason, including (without limitation) in circumstances where;
- we have reasonable grounds to suspect unauthorised or fraudulent use of the Services;
- we reasonably suspect that you have not complied with these Terms; or
- we reasonably suspect a breach of confidentiality or infringement of our intellectual property rights by you or a third party;
and to the maximum extent permitted by the law, we expressly exclude all relevant conditions, warranties of any kind (either express or implied) and other terms which might otherwise be implied by statute, common law or the law of equity in relation to any liability that you may claim we owe to you in respect of such suspension, withdrawal or amendment.
On termination of these Terms (for whatever reason) all licences and rights granted to you in relation to the Services shall immediately come to an end.
Waiver And Severability
The failure of Heartface to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Governing Law And Jurisdiction
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or your use of the Services. These Terms 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 England and Wales.
These Terms are the entire and exclusive agreement between Heartface and you regarding the Services (excluding any services for which you have a separate agreement with Heartface that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Heartface and you regarding the Services. Other than members of the group of companies of which Heartface is the parent, no other person or company will be third party beneficiaries to the Terms.
You acknowledge that you have not, in agreeing to these Terms, relied on any representation, warranty or undertaking not expressly incorporated in them.
If any provision of these Terms is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution at the address given below or via e-mail at email@example.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Any failure by us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
The Services licensed personally to you and you may not assign, license, sub-license or transfer any right or obligation of these Terms to any third party.
We may transfer any of our rights or obligations under these Terms to any third party but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honour your rights under them.
Nothing in these Terms shall be deemed to constitute a partnership between the parties nor constitute either party the agent or employee of the other for any purpose.
Heartface may revise these Terms from time to time, the most current version will always be at heartface.tv/terms. If the revision, in Heartface’s sole discretion, is material Heartface will notify you via an e-mail to the email associated with your account. By continuing to access or the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Heartface Ltd, 70, Artesian Plaza, 10-14 Jamaica Street, Liverpool, L1 0AF, United Kingdom. If you have any questions about these Terms, please contact us.
Effective date: 25 May 2018
What are “Cookies”?
What type of cookies do we use and why?
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our Services. They include, for example, cookies that enable you to log into secure areas of our Services, use a shopping cart or make use of e-billing services. Without these cookies, we may not be able to provide services you may ask for, such as remembering your login details or shopping basket.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our Services when they are using them. This helps us to improve the way our Services work, for example, by ensuring that users are finding what they are looking for easily. These cookies collect anonymous information only and do not show personal details.
- Functionality cookies. These are used to recognise you when you return to our Services and to remember the choices you make (for example, your choice of language or region). This enables us to personalise our Content for you, greet you by name and remember your preferences.
- Targeting cookies. These cookies record your visit to our Services, the pages you have visited and the links you have followed. Although these cookies can track your visits around the web they don’t know who you are. We will use this information to make our Services and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
around the web they don’t know who you are. We will use this information to make our Services and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
We use both session ID cookies and persistent cookies, to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies via your browser’s ‘clear cookie’ function. Please see www.allaboutcookies.org for more information about blocking cookies on your particular web browser.
Examples of cookies we use include:
- analytics1 (analytical - Identifies unique web browsers visiting Heartface, used for internal analytics)
- backend_web (internal - deprecated - cookie was previously used for webnext)
- domain_request (internal - deprecated - used to be used for the country redirect banner)
- sessionid (strictly necessary - Authentication into the website)
- csrftoken (strictly necessary - Protection against abuse of sending false data)
- country (functionality - We use to store your chosen country, if you decide to switch it)
- withfonts (functionality - we use as a way to tell that you have fonts enabled)
- fbm_* (targeting - related to Facebook)
- __cfduid (performance - Cloudflare CDN abuse protection)
- _uetsid (targeting - related to Microsoft Bing)
- __atuvc (functionality - AddThis social sharing widget cookie … from www.Heartface.com/news)
- _ga (analytics - Google Analytics)
- _gat (performance - Google Analytics - It is used to throttle the request rate towards GA - limiting the collection of data on high traffic sites)
- _gid (analytics - Google Analytics)
How do I control my cookies?
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. The "Help" feature on most browsers will tell you how to stop your browser from accepting new cookies. It should also tell you how to set up the browser to notify you when you receive a new cookie and how to disable cookies entirely. Additionally, you can disable or delete similar data used by browser add-ons, such as flash cookies, by changing the add-on's settings or visiting the website of its manufacturer. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site or use our Integrated Checkout service shopping basket. Please see www.allaboutcookies.org for more information about blocking cookies on your particular browser.
This Agreement has been drawn up in the English language. In case of discrepancies between the English text version of this Agreement and any translation, the English version shall prevail.