Terms and Conditions
1.1 What these Terms cover. These Terms tell you the rules for using our website www.heartwithsmart.com (“the Site”).
1.2 Why you should read the General Terms. By accessing and using the Site, you confirm that you accept the General Terms and agree to comply with them. If you do not wish to be bound by the General Terms then you should not access the Site.
1.3 Who we are. The Site and App are operated by Heart with Smart Limited, ("We" and "Us"). We are registered in England and Wales under company number 08278618 and have our registered office at Building 1, Imperial Place, Elstree Way, Borehamwood, Herts, WD6 1JN. Pizza Hut (UK) Limited and HwSi Limited are subsidiaries of Heart with Smart Limited.
1.4 Other important documents. The following documents also apply to your use of the Site:
1.5 Where can you access the Site. The Site, and their services are intended to be accessed only within the UK. The material on the Site may not be appropriate for other jurisdictions and if you access the Site from outside the UK, you do so at your own risk.
1.6 How to contact us. To contact us, please email us at: [email protected]
2 Your use of the Site
2.1 Using the Site lawfully. You may only use the Site for lawful purposes. You must not use the Site in a way that:
- BREAKS ANY LAWS;
- INFRINGES THE RIGHTS OF ANY OTHER PERSON;
- IS FRAUDULENT OR MALICIOUS;
- INTRODUCES ANY VIRUSES OR OTHER HARMFUL PROGRAMS WHICH MIGHT AFFECT ANY COMPUTER SOFTWARE OR HARDWARE;
- TRANSMITS ANY MATERIAL THAT IS OFFENSIVE, THREATENING, DEFAMATORY, OBSCENE, INDECENT, DISCRIMINATORY; OR
- INTERFERES WITH ANY PART OF THE SITE OR APP, OR ITS SOFTWARE, OR ANY EQUIPMENT OR NETWORK ON WHICH THE SITE OR APP IS STORED.
You must not use any part of the content on the Site for commercial purposes.
2.2 Linking to the Site. You may link to the main homepage of the Site only, unless we tell you that you are not permitted to do so. You must not frame the Site on any other site. If you link to the Site, you must not misrepresent your relationship with us or damage our reputation.
2.4 Breaking the Terms. If you break the Terms, your right to use the Site will end immediately and you must immediately destroy any copies of materials you have printed from the Site. You agree that you will compensate us in full for any damages, losses, costs and expenses we suffer because you break the Terms or due to your use of the Site.
3 Trademarks and other rights
3.1 Who owns the rights in the Site. The Site contains many logos and trademarks owned or used (with permission) by Heart with Smart Limited and its subsidiaries and affiliates throughout the world. These trademarks and other intellectual property rights in the Site, and images and text on them, are protected under copyright and other intellectual property laws around the world. They must not be copied or used without the express written permission of Heart with Smart Limited (except for personal use).
3.2 Other brand names. The Site may contain references to other company, brand and product names and logos, which Heart with Smart Limited is not affiliated with. If you use these names and logos, you may be infringing someone else’s rights.
3.3 Copying information on the Site. You may print one copy and download extracts of any pages from the Site for your personal use only. You do not have the right to make any further copies of information on the Site or to modify, adapt or reproduce that information. You must always state that we are the authors of the material.
3.4 Uploading information onto the Site. If you upload information on the Site, you grant us a licence to use that content and make it available to other people. We may also share your identity with anyone claiming that your post infringes their rights. We have the right to remove any post at any time.
3.5 Providing information to us. You agree that we are free to use any comments, information or ideas in any communication you send to us (without any payment to you) for any purpose including developing, manufacturing and marketing products and services or for creating or improving the Site.
4 Our responsibility for loss or damage suffered by you
4.1 The Site. The Site is provided on an "as is" basis. You acknowledge that the Site has not been developed to meet your individual requirements. Except as set out elsewhere in the Terms, and as far as is permitted by law, we exclude all guarantees, warranties, conditions, representations and other terms relating to the Site. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise arising under or in connection with use of, or inability to use the Site or use of or reliance on any content displayed on the Site. However, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
4.2 Content on the Site. Heart with Smart Limited strives to ensure that the information contained on the Site is accurate, up to date and reliable. However, Heart with Smart Limited is not required to update the information on the Site. We do not guarantee that the Site, or any content on them, will be accurate, complete or free from errors or omissions. The content of the Site is provided for general information only. It is not intended to provide advice on which you should rely. You should take appropriate steps to verify all information on the Site before acting on it. Heart with Smart Limited accepts no liability for any changes made to the content of the Site by unauthorised third parties and we are not responsible for the content posted or uploaded by other users onto the Site. We may suspend, withdraw or discontinue all or any part of the Site at any time.
4.3 Availability of the Site. We do not guarantee that the Site, or any content on them, will always be available or uninterrupted and we will not be responsible in such circumstances. Access to the Site may be temporarily suspended without notice in the case of system failure, maintenance or repair or reasons beyond our control. We reserve the right to modify or withdraw any of the offers, deals or services on the Site at any time.
4.4 Viruses and network failures. We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, programs or data due to your use of the Site. By using the Site, you acknowledge and agree that the use of the Site is at your own risk. It is your responsibility to install suitable anti-virus and security software. We will not be liable for any errors, defects, technical errors or failures in computer transmissions or network communications.
4.6 Software and material downloaded via the Site. Any software or material on the Site is downloaded at your own risk. If you are in any doubt as to the suitability of the software to be downloaded for your computer it is recommended that you obtain specialist advice before downloading it. In order to use third party software, you may have to accept the terms of a licence agreement with a third party. You acknowledge that we have no responsibility or control over that software.
4.7 If you are a consumer. If you are a consumer, we only provide the Site for domestic and private use. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity relating to any business of yours.
4.8 If you are not a consumer. If you are not a consumer, we will not be liable for:
- LOSS OF PROFITS, SALES, BUSINESS OR REVENUE;
- LOSS OF ANTICIPATED SAVINGS;
- LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
- ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE.
5. OTHER IMPORTANT TERMS
The following terms apply to all of these terms and conditions.
5.1 Who else has any rights under these Terms? These Terms are between you and us. Our licensors may have the right to enforce relevant terms which benefit them. Otherwise, no other person shall have any rights to enforce any of these terms.
5.2 If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5.3 Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
5.4 “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
5.5 Events outside our control. If we are prevented or delayed from complying with our obligations under these Terms due to your actions or omissions (or anyone acting on your behalf) or due to events or circumstances beyond our reasonable control, we will not be liable for any losses or damage you suffer as a result.
5.6 Varying these Terms. We intend to rely on these Terms. Any variations to these Terms must be in writing, otherwise they will not be binding.
5.7 Changes to these Terms. We may update these Terms at any time, including for legal or regulatory reasons, by amending this page. If we change these Terms we will post the modified terms on the Site. Any changes will take effect 7 days after the date which we post the modified terms on the Site, whichever is the earlier. If you continue to use the Site after that period has expired, it means you accept those changes. Please check this page from time to time to take notice of any changes we make, as they are binding on you. You are responsible for ensuring that all persons who use your internet connection to access the Site are aware of (and comply with) these Terms.
5.8 Which laws apply to these Terms and where you may bring legal proceedings. These Terms, their subject matter and formation (and any contractual or non-contractual dispute) are governed by English law. If you are a consumer, you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you are not a consumer, you agree that the English courts shall have exclusive jurisdiction in any dispute.