(“TOS” or “Terms”) before using or accessing in any form or any of the products,
application and/or services available through or in connection with Hi Bob’s website,
(www.hibob.com) and/or the free version of Hi Bob products and services (further
described under [app.hibob.com]) (hereinafter the “Products and Services”). These
Term constitute a binding agreement between you and Hi Bob Limited and its affiliates
(“Hi Bob”, “us” or “we”) and by using and/or merely downloading any of the Products
and Services in any form and manner you agree to abide, and that you are bound, by
these Terms. We reserve the right to change these Terms at any time, and you agree
(including by virtue of your continued use of our site or product) to be bound by any
such changes. By using any of the Products and Services you hereby declare that you
are at least 18 years old. The Products and Services are not intended for and are not to
be used by minors.1.2. These TOS and the use of the terms “you” or users” are applicable to all types of users of the Products and Services, including but not limited to: (i) employers/owners and their representatives/administrators (i.e. using the Products and Services on behalf of the employers/owners); (ii) employees and other individuals using the Products and
Services for themselves and (iii) individuals using the Products and Services (or any
aspect thereof) otherwise.
Note that as the Products and Services may enables different features, capabilities,
and/or information with respect to different types of users, and accordingly the terms
“user(s)” and “you” as used in this Agreement will apply to the appropriate type of
user(s) under the circumstances.
Authority to bind a Corporation. If you using the Products and Services
(including but not limited to open Hi Bob account(s) and/or using such accounts)
on behalf of a company or any other legal entity, you represent that you have the
authority to bind such entity, its affiliates and users to these TOS. In that case, the
terms “you” or “your” shall also refer to such entity, and its affiliates, as applicable.
If you do not have such authority, or if you do not agree with these TOS, you may
not use the Products and Services.
Jurisdictional Limitation. The Products and Service are intended ONLY for use by
employers/owners and employees in the UK.
1.4. You can find the most recent version of these TOS at [www.hibob.com/tos]. Regardless of whether Hi Bob has provided you notice, your continued use of the Products and Service following Hi Bob’s notice or posting of changed Terms will constitute your acceptance of such changes. It is your responsibility to check regularly for changes to the Terms and ensure that any contact, billing or payment information you provide to Hi Bob is updated and correct.
1.5. ALPHA STAGE DISCLAIMER. PLEASE NOTE THAT THE PRODUCTS AND SERVICES ARE STILL IN ALPHA STAGE, AND MAY THEREFORE CONTAIN BUGS AND DEFECTS. YOU ARE HEREBY ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING AND/OR PERFORMANCE, AND/OR AVAILABILITY OF ANY OR ALL OF THE PRODUCTS AND SERVICES.
2. THE HI BOB SERVICE – GRANT OF RIGHTS; RIGHT TO MODIFICATION AND SHUT
2.1. Subject to the terms and conditions hereunder, you are hereby granted with a non-
exclusive, non-transferrable, right to use the Products and Services, for your own
internal use, until the earlier of: (i) termination or expiration of these Terms; (ii) shut
down of the Products and Services by Hi Bob.
2.2. Other than the rights expressly licensed hereunder to you, no other rights or interest whatsoever in any of the Products and Services and/or any component thereof, are transferred or granted. Without limiting the foregoing, you may not: (i) use the
Products and Services or any part thereof, for purposes other than those explicitly set
forth hereunder; (ii) reverse engineer or de-compile, modify or revise Products and
Services, or any part thereof, or create derivative works thereof; (iii) sub-license, resell
or re-offer the Products and Services, or any part thereof; (iv) otherwise commercially
utilize the Products and Services, or any part thereof.
2.3. You acknowledge and agree that Hi Bob has the right, at any time and for any reason, at its sole discretion with or without notice to you: (i) to terminate and/or shut down (temporarily or permanently) any or all of the Products and Services; (ii) to redesign or modify the organization, structure, specifications, “look and feel,” navigation,
features and other elements of the Products and Services and/or any part thereof.
2.4. In view of the nature of the Products and Services, the fact that it is in ALPHA stage, and in view of Hi Bob’s right to shut down any or all of the Products and Services YOU MUST MAKE EVERY ATTEMPT TO SAFEGUARD YOUR DATA AT ALL TIMES. HI BOB DOES NOT ASSUME RESPONSIBILITY FOR LOSS OF DATA, AND/FOR ANY FAILURE TO DETECT ANY ERRONEOUS OR OTHER HARMFUL OR PROBLEMATIC FILES OR DATA, AND/OR FOR ANY INTERRUPTION, NON-AVAILABILITY, PARTIAL AVAILABILITY OR INACTIVITY IN SERVICE (“SERVICE DOWN”).
3. USE OF THE PRODUCTS AND SERVICES
3.1. You agree that you will not use the Products and Services for any of the following
purposes.Any unlawful, invasive, infringing, defamatory or fraudulent purpose;
To send unsolicited bulk commercial email (“Spam”) of any kind, regardless of the
content or nature of such messages; Intentionally to send any harmful code or attachment with the Products and Services; To use the Products and Services in a way that has a detrimental effect upon Hi Bob, its Users or the Products and Services, as determined by Hi Bob at its sole discretion; To use or attempt to use the Products and Services in breach of these Terms; To transmit harassing, obscene, racist, malicious, abusive, libelous, illegal or deceptive messages or files; To commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious act;
To interfere with the use of the Products and Services by other Users;
To alter, tamper with or circumvent any aspect of the Products and Services;
To test or reverse engineer any of the Products and Services in order to find
limitations or vulnerabilities. The Products and Services cannot and should not be relied to detect malicious or other harmful or problematic files or data.
3.2. Hi Bob Accounts
Hi Bob may maintain different types of accounts for different types of users (described
under Section 1.2 above). You acknowledge and agree that you are responsible for your use of the Products and Services, including of your account(s).
You are fully responsible for the control of and/or access to your account, including
limiting access to user names and passwords and you agree to take all reasonable
precautions to protect your user name and password and access to your account. You
agree that you will immediately notify Hi Bob in the event that you discover or believe that your account or user name or password has been accessed in any way. You must keep your account and password secure. Hi Bob shall not be liable to you or any third party for any failure by you to prevent unauthorized access to your or any other account.
When creating an account, you must provide accurate and complete information, and you must keep this information up to date.
4. USER RESPONSIBILITY FOR DATA
4.1. The Products and Services serve as a platform to upload, access, review and interact with respect to certain data and content uploaded by users (“Data”), and Hi Bob is NOT responsible for the accuracy, validity and/or integrity of any such Data, and without derogating from the generality of the foregoing cannot and should not be relied to any malicious or other harmful or problematic files or data, and You are responsible for all Data you upload, post and/or access, even if it was made available and/or sent using the Products and Services. Hi Bob is not responsible in any way to monitor or verify any of the Data.
4.2. You understand that all Data which you may receive, view or access through the
Product and Services is the sole responsibility of the person/entity from which such
4.3. You agree that you will not engage in any activity that interferes with or disrupts the
Products and Services or the servers and networks which are connected to the
Products and Services.
5. ACCURACY AND RETENTION OF INFORMATION; AUTHORIZATION; COMPLIANCE WITH LAWS
5.1. You represent and warrant that the Data and Account Information (as defined below)
you provide Hi Bob is accurate and complete, and that you are authorized to submit it
to Hi Bob without any obligations on Hi Bob, including but not limited to the payment
of fees. We have no liability or other responsibility for inaccuracy or incompleteness, or
your inability to use the Products and Service due to such inaccuracy or
incompleteness. You are responsible for the consequences of any instructions you
provide Hi Bob and that Hi Bob follow.
5.2. You agree to use the Product and Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation in the relevant jurisdictions. The
Products and Services may only be used by persons in those jurisdictions in which they
may legally be provided/offered. The Products and Service shall not be considered a
solicitation to buy or an offer to sell anything to any person in any jurisdiction in which
such offer, solicitation, purchase, or sale would be unlawful.
You acknowledge and agree that you have read and understood the policy and agree to
be bound by its terms.
6. USE OF VENDORS AND CONTRACTOR; THIRD PARTY’S CONTENT
6.1. To the extent that the Products and Services contains links to outside services and
resources, Hi Bob does not control the availability and content of those outside
services and resources and does not endorse them. Any concerns regarding any such
service or resource, or any link thereto, should be directed to such particular service or
6.2. Hi Bob in its sole discretion may use vendors or contractors to help provide the
Products and Services to you, and we may change our use of vendors or contractors
without notice to you.
7. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS
7.1. Hi Bob reserves the right to limit or revoke your access to any of the Products and
Services, in its sole discretion, at any time, and for any reason, including, but not
limited to technical difficulties or violation of these Terms.
7.2. Hi Bob is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Product and
Services which Hi Bob provides may change from time to time without prior notice to
7.3. As part of this continuing innovation, you acknowledge and agree that Hi Bob may stop (permanently or temporarily) providing the Product and Services (or any features
within the Product and Services) to you or to users generally at Hi Bob’s sole
discretion, without prior notice to you. You may stop using the Product and Services at
any time. You do not need to specifically inform Hi Bob when you stop using the
Product and Services.
7.4. You acknowledge and agree that if Hi Bob disables access to your account, you may be
prevented from accessing the Product and Services and your account details or other
content which is contained in your account.
Notices to you will be addressed via contact information provided by you during the
account registration process unless you have notified Hi Bob of any changes.
By providing your email address you consent to using such address to send you notices
related to the Products and Services, including any notices required by law, instead of
postal mail. We may also use your email address to send you other messages, such as
changes related to the Products and Services and/or these TOS, commercial or other offers, etc.. You also consent to the electronic disclosure of any and all HR and/or employee benefits notices (e.g. offer letters, contracts, policies). Further, you authorize us to receive HR and/or employee benefits notices electronically on your behalf, and you agree to be notified of such employee benefit notices electronically.
Note that You may withdraw your consent to electronic disclosure at any time by
contacting Hi Bob at [firstname.lastname@example.org], however, you hereby acknowledge that if and when you shall withdraw such consent: (a) we cannot guarantee that you will be able to obtain such disclosures, whether in paper or electronic form; (b) you may be required to obtain paper copies of your employee benefit notices and insurance plan-related information directly from other third parties (such as your employer, your insurance provider etc.), which are not controlled by us.
You agree to defend, indemnify and hold Hi Bob and anyone on its behalf, including but not limited to, all of its owners, managers, officers and employees, harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your breach of the terms of these Terms.
10. NO PROFESSIONAL ADVICE
10.1. The Products and Services DO NOT include any legal, regulatory, accounting, tax or other professional advice, and you will rely solely upon your own advisors with respect to such advice Hi Bob does not provide you or any user with professional advice
regarding compliance, data privacy or other relevant applicable law in the jurisdictions
in which you use the Products and Services. Without derogating from the generality of
the foregoing, if you are provided through the Products and Services with any
professional information, it is for informational purposes only and should not be
construed as professional advice. No action should be taken based upon any such
information without first seeking independent professional advice from a person who
is licensed and/or qualified in the applicable area.
10.2. You will be solely responsible for: (i) compliance with any and all applicable laws,
rules, and regulations affecting your business; and (ii) any use you may make of the
Products and Services to assist in complying with any such laws, rules, or regulations.
10.3. You acknowledge that Hi Bob exercises no control over specific human resource
practices implemented using the Products and Services or as to decisions as to
employment, promotion, advancement, termination, notification, or compensation of
any employee or authorized user of the Products and Services. Hi Bob hereby disclaims
all liability arising from your decisions and from harmful data or code uploaded to the
Products and Services.
11. DISCLAIMER OF WARRANTIES AND LIABILITIES.
THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER THE TERMS, HI BOB’S ORDER FORM, NOR ANY DOCUMENTATION FURNISHED UNDER THEM ARE INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS AND SERVICES IS WITH YOU. SHOULD THE PRODUCTS AND SERVICES PROVE INADEQUATE IN ANY WAY, YOU AND NOT HI BOB ASSUME THE ENTIRE COST OF ANY COSTS OR DAMAGES INCURRED BY YOU. HI BOB DOES NOT WARRANT THAT YOU WILL HAVE UNINTERRUPTED OR ERROR FREE USE OF THE PRODUCTS AND SERVICES, THAT ANY DATA SENT BY OR TO YOU WILL BE TRANSMITTED IN SECURE OR UNCORRUPTED FORM OR WITHIN A REASONABLE OR DEFINED PERIOD OF TIME, OR THAT THE PRODUCTS AND SERVICES WILL PREVENT FROM OCCURRING THAT WHICH THEY ARE DESIGNED TO PREVENT.
YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED, RECEIVED OR SUBMITTED THROUGH THE PRODUCTS AND SERVICES ARE AT YOUR SOLE RISK AND THAT HI BOB WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY HARM OR DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING ANY DATA, PERSONAL COMPUTER EQUIPMENT OR STORAGE MEDIA). HI BOB IS NOT RESPONSIBLE FOR THE CONTENT OF DATA, OR OTHER INFORMATION OR ATTACHMENTS AVAILABLE THROUGH THE PRODUCTS AND SERVICES.
12. EXPORT CONTROL COMPLIANCE WITH LAWS.
The Products and Services delivered to You under this Agreement are subject to UK export control laws and regulations and may also be subject to import and export laws of the jurisdiction in which it was obtained, if outside the UK You shall abide by all applicable export control laws, rules and regulations applicable to the Products and Services. You agree that You will not export, re-export, or transfer the Products and Services, in whole or in part, to any country, person, or entity subject to UK export restrictions. You specifically agree not to export, re-export, or transfer the Products and Services (i) to any country to which the UK has embargoed or restricted the export of goods or services, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any person or entity who You know or have reason to know will utilize the Products and Services or portion thereof in the design, development, production or use of nuclear, chemical or biological materials, facilities, or weapons; or (iii) to any person or entity who has been prohibited from participating in UK export transactions by any federal agency of the UK government. You agree that You shall use the Products and Services solely in a manner that complies with all applicable laws in the jurisdictions in which You use the Products and Services, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
13. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES WHATSOEVER WILL HI BOB, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER
TO YOUR USE OF THE PRODUCTS AND SERVICES, OR RELIANCE ON ANY OF THE PRODUCTS AND SERVICES OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY HI BOB. WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, HI BOB SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY OTHER PARTY FOR THE ACCURACY, SECURITY, TIMELINESS, COMPLETENESS OR CONTINUED AVAILABILITY OF THE PRODUCTS AND SERVICES OR ANY PART THEREOF, INCLUDING USE FOR URGENT, CRITICAL OR EMERGENCY COMMUNICATIONS OR IMPROPER OR UNAUTHORIZED ACCESS
TO OR INTERCEPTION OF ANY COMMUNICATION OR PRIVATE INFORMATION.
THE FOREGOING DISCLAIMER SHALL APPLY IN CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO USE ANY OR ALL OF THE PRODUCTS AND SERVICES. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ADEQUATE PROTECTION AND BACKUP OF THE DATA AND EQUIPMENT USED IN CONNECTION WITH ANY OF THE PRODUCTS AND SERVICES.
THE LIMITATIONS IN THIS SECTION ARE COMPREHENSIVE AND THE EXAMPLES GIVEN ARE NOT EXHAUSTIVE. THE LIMITATIONS IN THIS SECTION ARE SEPARATE AND INDEPENDENT OF ANY OTHER LIMITATIONS IN THIS AGREEMENT AND SHALL NOT FAIL IF SUCH OTHER LIMITATION OR REMEDY FAILS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
14. OWNERSHIP AND PROPRIETARY RIGHTS. You acknowledge and agree Hi Bob is the
exclusive owner of the Hi Bob Platform and the Products and Services, including, without limitation, any and all intellectual property or proprietary rights therein.
Without limiting any of the foregoing or hereunder, [Hi Bob and _______], are trademark of Hi Bob Limited. Other company or product names are the trademarks or registered
15. NOTICES. Any notices or communications under these Terms to you will be addressed to
the electronic address specified in the your Hi Bob Order Form, as you may update such information from time to time, and will be deemed delivered immediately upon sending in the case of electronic mail and three days after mailing in the case of standard written mail. If to Hi Bob, such notices shall be addressed to Hi Bob Limited [256, old street London EC1V9DD], or to such other address as Hi Bob may provide to you.
16. ASSIGNENT. Hi Bob may assign these Terms without your notice or consent. You, however, may not assign these Terms or any rights hereunder.
17. GENERAL. The Terms and the relationship between you and Hi Bob are governed by the
laws of England and Wales without regard to its conflict of law provisions. Any dispute or claim arising out of or in connection with the Terms will be submitted to the exclusive
jurisdiction of the competent courts in London, England. Hi Bob’s failure to exercise or
enforce any right or provision of the Terms will not constitute a waiver of such right or
provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of the Terms remain in full force and effect. Neither party to the Terms will be liable to the other for any delay or failure in performance under the Terms resulting directly or indirectly from acts of nature or causes beyond its reasonable control. The Terms constitutes the entire agreement between the parties with respect to the Products and Services and supersede all previous proposals, both oral and written, representations, writings, and all other communications between the parties.