Website Terms

These terms and conditions form the contract between you and Hitrate Trend Limited (“us”, “we”, “our”) when you use our Website, or buy our Products and our Services.

Hitrate Trend Limited is a company registered in England and Wales. Our company registration number is 11781350. Our address is New Bridge Street House, 30-34 New Bridge Street, London, United Kingdom EC4V 6BJ.

1.Definitions

In this document:

"Content" means information in any form published on our Website or in any Product. It includes photographs, text, images of and references to Products and designs, and other creative works.

“Copy or Publish” with reference to a Licensed Product, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping, incorporating or any other change or use as part of some other created work.

“Intellectual Property” means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including designs together with all rights which are derived from those rights.

“Licence” means a licence granted by us to you in the terms of this agreement for use of a Licensed Product.

“Licensed Product” means any Product offered for licence by us, whether or not bought by you.

“Product” means any item that we supply, including reports, whether or not for sale.

“Services” means all of the services we provide, whether or not available to purchase from our website, and whether free or charged.

“Website” means this website and all of the hardware and software that enables it to function.

“Work” means the work we do to provide the Services you have ordered.

2.Interpretation
 

  1. Unless the context clearly requires otherwise:
     

    1. a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa;
       

    2. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit;
       

    3. a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person;
       

    4. in the context of permission, “may not” in connection with an action of yours, means “must not”;
       

    5. any obligation of any person arising from this agreement may be performed by any other person;
       

    6. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing; and
       

    7. a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
       

  2. These terms and conditions apply to all supplies of Products and Services by us. They prevail over any terms proposed by you.
     

  3. This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
     

3.Entire agreement
 

  1. This agreement contains the entire agreement between us and supersedes all previous agreements and understandings between the parties.
     

  2. In entering into this contract you have not relied on any representation or information from any source except that which is provided on our Website.
     

  3. If you use our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
     

  4. Conditions, warranties or other terms implied by statute or common law in any country are excluded from this agreement to the extent permitted by law.
     

4.Basis of contract
 

  1. Our Products must be used only to inform your research and development and product design purposes.
     

  2. You acknowledge that you are satisfied that the Product or Service you have selected is suitable and satisfactory for your requirements.
     

  3. The price payable for our Products and Services are clearly set out on Our Website.
     

  4. When you click to buy a Product or Service from us, you make an offer to buy. Our acceptance of your offer is made only when the first of any of the following events occurs:
     

    1. we send a Product to you;
       

    2. we authorise you to download a Product; or
       

    3. we have started providing a Service to you.
       

  5. Every Product or Service you buy that is separately identifiable is the subject of a separate contract. Accordingly, performance or breach of one contract does not affect any other.
     

  6. Our contract concludes when the first of any of the following events occurs:
     

    1. your receipt of a Product;
       

    2. our sending of a Product by email and not receiving notification from our service provider of non delivery; or
       

    3. our completion of any Work for which you have paid us.
       

  7. The price of any Product or Service may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy.
     

  8. Products will be delivered by your free download, by e-mail or by both of these, at our choice.


5.Payment
 

  1. Payment may be made by credit card through our Website or by transfer to our bank account.
     

  2. If we do not receive payment for a Service within the period required, we shall not continue to provide it until payment has been received.
     

  3. We take care to make our Website safe for you to use. Payments not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
     

  4. We accept no responsibility for problems you may have in making payment through the website of a payment service provider.
     

  5. You now agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your credit card provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will owe us first the sum charged to us by our merchant service provider and secondly a sum based on time spent at £100 per hour in dealing with your breach. You also agree that this provision is reasonable.
     

6.Your Licence to use a Product
 

  1. When you “buy” a Product from us, you buy a licence to use the Product for the purposes of your own business.
     

  2. We represent, warrant and guarantee that we have the full right, power and authority to licence and distribute our Products.
     

  3. All ownership rights and intellectual property rights in the Content of the Product shall remain the sole property of us and/or the owner of the Content. We will strongly protect our rights in all countries.
     

  4. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
     

  5. No express or implied licence of the Licensed Product or any other material is granted to you other than the express Licence granted in this agreement.
     

  6. If we terminate a Licence on account of your breach of this agreement, you agree that you will:
     

    1. immediately stop using the Licensed Product;
       

    2. destroy all copies of the Licensed Product in your possession or control;
       

    3. destroy any work of yours derived from a Licensed Product.
       

  7. If we reasonably believe that you are using a Licensed Product beyond the scope of this Licence, you agree to provide written confirmation of your compliance, in a form to be drawn by us
    .

7.Limitations and permissions on licences
 

  1. You must not sub-license a Licensed Product, unless we have made a specific agreement with you to enable you to do so.
     

  2. You must not Copy or Publish a Licensed Product except as specifically allowed in this agreement.
     

  3. You may not allow any other person to use a Licensed Product except in the situation or context for which you have bought it.
     

  4. You may not represent or give the impression that you are the owner or originator of any Licensed Product.
     

8.Liability for defects
 

  1. As soon as you receive it from us, please check the Product.
     

  2. If you find an error in the Product, please tell us in writing.
     

  3. You must report any error to us as soon as you discover it but in any case, not later than six months after receipt by you.
     

  4. Please describe the error clearly and give other information to enable us to identify it.
     

  5. If we agree that the Product is faulty, then we shall:
     

    1. correct the error and come back to you within 3 days, or
       

    2. refund the full cost you have paid.
       

9.Intellectual Property
 

  1. You agree that at all times you will:
     

    1. not disclose to any person any Intellectual Property we provide to you;
       

    2. not cause or permit anything which may damage or endanger our title to the Intellectual Property;
       

    3. indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
       

    4. not use any name, logo or mark similar to or capable of being confused with any name, logo or mark of ours; and
       

    5. not use any Intellectual Property except as permitted through this agreement or otherwise directly in our interest.
       

10.Security of our Website
 

  1. You now agree that you will not, and will not allow any other person to:
     

    1. modify, copy, or cause damage or unintended effect to any portion of our Website, or any software used within it;
       

    2. download any part of our Website, without our express written consent;
       

    3. collect or use any product listings, descriptions, or prices;
       

    4. collect or use any information obtained from or about our website or its content except as intended by this agreement;
       

    5. aggregate, copy or duplicate in any manner any of the content or information available from our Website, other than as permitted by this agreement or as is reasonably necessary;
       

    6. for any purpose, use our name, any proprietary information (including images, text, or page layout) of ours in any way;
       

    7. upload or republish any part of our Content on any Internet, intranet or extranet site.
       

11.Disclaimers and limitation of liability
 

  1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
     

  2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph will be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
     

  3. Our Website and our Products and our Services are provided “as is”. We make no representation or warranty that they will achieve the target or intended results or will be:
     

    1. useful to you;
       

    2. of satisfactory quality;
       

    3. fit for a particular purpose;
       

    4. available or accessible, without interruption, or without error.
       

  4. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our Website.
     

  5. Products may include technical inaccuracies or typographical errors.
     

  6. We are not responsible for any action you decide to take as a result of using a Service or buying a Licensed Product.
     

  7. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period.
     

  8. Except in the case of death or personal injury, our total liability under this agreement, however it arises, will not exceed the sum of £1,000. This applies whether your case is based on contract, tort or any other basis in law.
     

  9. We will not be liable to you for any loss or expense which is an indirect or consequential loss; or an economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
     

  10. Our Website contains links to other websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of it.
     

  11. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999, as well as to us.
     

  12. If you become aware of any breach of any term of this agreement by any person, please tell us. However, while we invite your opinion, we may not agree with you.
     

  13. Nothing in this agreement will be construed as limiting or excluding our liability for death or personal injury caused by our negligence.
     

12.Indemnity
 

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
 

  1. your failure to comply with the law of any country;
     

  2. your breach of this agreement;
     

  3. your infringement of the rights of any third party; and
     

  4. any act, neglect or default by any agent, employee, you or your customer.
     

13.Dispute resolution
 

  1. If you are not happy with our services or have any complaint then you must tell us in writing.
     

  2. If a dispute is not settled by negotiation, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
     

  3. We can propose an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015. We will also listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.
     

14.Miscellaneous matters
 

  1. You undertake to provide to us sufficient information about yourself to enable us to fulfil our obligations under this contract.
     

  2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it will be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it will be binding in that changed or reduced form. Subject to that, each provision will be interpreted as severable and will not in any way affect any other of these terms.
     

  3. The rights and obligations of the parties set out in this agreement will pass to any permitted successor in title.
     

  4. Any obligation in this agreement intended to continue to have effect after termination or completion will so continue.
     

  5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
     

  6. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
     

  7. Any communication to be served on either party by the other will be delivered by hand or sent by recorded delivery. It will be deemed to have been delivered on the day of delivery if delivered by hand, or if sent by post to the correct address, within 72 hours of posting.
     

  8. This agreement does not give any right to any third party under the UK Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that act.
     

  9. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in England and Wales.

 

Privacy Policy

This is the privacy notice of Hitrate Trend Limited (“us”, “we”, “our”), a limited company registered in England and Wales. Our company registration number is 11781350.
 

Our registered address is New Bridge Street House, 30-34 New Bridge Street, London, United Kingdom EC4V 6BJ.
 

Introduction
 

This privacy notice aims to inform you about how we collect and process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information. It tells you about your privacy rights and how the law protects you.
 

We are committed to protecting your privacy and the confidentiality of your personal information. Our policy is not just an exercise in complying with the law, but a continuation of our respect for you and your personal information.
 

We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.
 

Our policy complies with the Data Protection Act 2018 (Act) accordingly incorporating the EU General Data Protection Regulation (GDPR).
 

The law requires us to tell you about your rights and our obligations to you in regard to the processing and control of your personal data. We do this now, by requesting that you read the information provided at http://www.knowyourprivacyrights.org
 

Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.
 

  1. Data we process
     

We may collect, use, store and transfer different kinds of personal data about you. We have collated these into groups as follows:
 

Your identity includes your name and other identifiers that you may have provided at some time.

Your contact information includes information such as billing address, delivery address, email address, telephone numbers and any other information you have given to us for the purpose of communication.
 

Your financial information includes credit or debit card information that you supply to us in order to make a payment.
 

Transaction information includes details about payments or communications to and from you and information about products and services you have purchased from us.
 

Technical information includes your Internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
 

Marketing information includes your preferences in receiving marketing from us; communication preferences; responses and actions in relation to your use of our services.
 

We may aggregate anonymous data such as statistical or demographic data for any purpose. Anonymous data is data that does not identify you as an individual. Aggregated data may be derived from your personal data but is not considered personal information in law because it does not reveal your identity.
 

For example, we may aggregate profile data to assess interest in a product or service.
 

However, if we combine or connect aggregated data with your personal information so that it can identify you in any way, we treat the combined data as personal information and it will be used in accordance with this privacy notice.
 

2. Special personal information
 

Special personal information is data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data.
 

We do not collect any special personal information about you.
 

3. If you do not provide personal information we need
 

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform that contract. In that case, we may have to stop providing a service to you. If so, we will notify you of this at the time.
 

The bases on which we process information about you


The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.


If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.


If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.
 

4. Information we process because we have a contractual obligation with you
 

When you buy from us or specifically ask us to provide you with a free product you agree to our terms and conditions, which form a contract between us.

In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.
 

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.
 

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
 

5. Information we process with your consent
 

Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website, arrange an initial telephone call about our services or otherwise ask us to provide you more information about our business, you provide your consent to us to process information that may be personal information.
 

Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies.
 

We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.
 

You may withdraw your consent at any time by instructing us by email or through our website. However, if you do so, you may not be able to use our website or our services further.
 

6. Information we process for the purposes of legitimate interests
 

We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.
 

Where we process your information on this basis, we do after having given careful consideration to:
 

  • whether the same objective could be achieved through other means

  • whether processing (or not processing) might cause you harm

  • whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so
     

For example, we may process your data on this basis for the purposes of:

  • record-keeping for the proper and necessary administration of our business

  • protecting and asserting the legal rights of any party, including your interests, where we believe we have a duty to do so
     

7. Information we process because we have a legal obligation
 

Sometimes, we must process your information in order to comply with a statutory obligation.

For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

This may include your personal information.
 

Specific uses of information you provide to us
 

8. Information relating to your method of payment
 

Payment information is not taken by us nor transferred to us.
 

It the point of payment, you are transferred to a secure page on the website of our payment service provider. That page may be branded to look like a page on our website, but it is not controlled by us.
 

9. Communicating with us
 

When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.
 

We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.
 

10. Cookies
 

Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.

Cookies are placed by software that operates on our servers, and by software operated by third parties whose services we use. For example, our website hosting provider, Wix.com, uses cookies to collect technical information for security purposes.
 

Some cookies may last for a defined period of time, such as one visit (known as a session), one day or until you close your browser. Others last indefinitely.
 

Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.
 

Other matters
 

11. Data may be processed outside the European Union
 

Our business is based in the United Kingdom.
 

Our website hosting provider, Wix, is based in Israel. Israel is considered by the European Commission to offer an adequate level of protection for the personal information of EU Member State residents.
 

Your personal information may be stored through Wix’s data storage, databases and the general Wix applications. Data is stored on secure servers behind a firewall.
 

Your data may be maintained, processed and stored by Wix and their authorised affiliates and service providers in the United States of America, in Europe (including in Lithuania, Germany and Ukraine), in Israel, and in other jurisdictions as necessary for the proper delivery of their services and/or as may be required by law.
 

Wix affiliates and service providers that store or process your data on Wix’s behalf are each contractually committed to keep it protected and secured, in accordance with industry standards and regardless of any lesser legal requirements which may apply in their legal jurisdiction.

Wix’s full privacy policy can be viewed at: https://www.wix.com/about/privacy
 

12. Control over your own information

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes.
 

At any time you may contact us to request that we provide you with the personal information we hold about you.
 

When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
 

13. Use of our website by children
 

We do not sell products or provide services for purchase by children, nor do we market to children.

We collect data about all users of and visitors regardless of age.
 

14. Encryption of data sent between us

We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.
 

Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.
 

15. Complaining

If you are not happy with our privacy policy, or if you have any complaint, then you should tell us.

When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint.
 

If the complaint relates to content we have posted on our website or a social media account, then if we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate.
 

If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.
 

If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.
 

If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner's Office (ICO). This can be done at https://ico.org.uk/make-a-complaint/. We would, however, appreciate the opportunity to talk to you about your concern before you approach the ICO.
 

16. Retention period for personal data
 

Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:
 

  • to provide you with the products and services you have requested;

  • to comply with other law, including for the period demanded by our tax authorities;

  • to support a claim or defence in court.   
     

17. Compliance with the law

Our privacy policy has been compiled so as to comply with the law of every country or legal jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your jurisdiction, we should like to hear from you.
 

18. Review of this privacy policy

We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.
 

If you have any question regarding our privacy policy, please contact us.
 

info@hitrate-trend.com

+ 44 (0)7508 087446

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