TERMS OF SERVICE

The following terms and conditions govern all use of the Digital Hermes website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Digital Hermes’s Privacy Policy) and procedures that may be published from time to time on this Site by Digital Hermes (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Digital Hermes acceptance is expressly limited to these terms.

The Website is not directed to children younger than 18, and service on the Website is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 18 years of age or older.

License to use website

Unless otherwise stated, Digital Hermes and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  •  show any material from the website in public;
  •  reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  •  edit or otherwise modify any material on the website; or
  •  redistribute material from this website except for content specifically and expressly made available for redistribution where Digital Hermes must retain credit for the content

You can:

  • use the Digital Hermes name or logos and other brand elements that Digital Hermes makes available in order to identify the source of the information.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Digital Hermes express written consent.

You must not use this website for any purposes related to marketing without Digital Hermes express written consent.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Digital Hermes a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Digital Hermes the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Digital Hermes or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Digital Hermes reserves the right to edit or remove any material submitted to this website, or stored on Digital Hermes’s servers, or hosted or published upon this website.

Notwithstanding Digital Hermes’s rights under these terms and conditions in relation to user content, Digital Hermes does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Digital Hermes makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Digital Hermes does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Limitations of liability

Digital Hermes will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Digital Hermes has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Digital Hermes’s liability in respect of any:

  •  fraud or fraudulent misrepresentation on the part of Digital Hermes; or
  • matter which it would be illegal or unlawful for Digital Hermes to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Digital Hermes has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Digital Hermes’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Digital Hermes’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Digital Hermes.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Digital Hermes and undertake to keep Digital Hermes indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Digital Hermes to a third party in settlement of a claim or dispute on the advice of Digital Hermes’s legal advisers) incurred or suffered by Digital Hermes arising out of any breach by you of any provision of these terms and conditions.

Copyright Infringement and DMCA Policy

As Digital Hermes asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by DigitalHermes.com violates your copyright, you are encouraged to Digital Hermes in accordance with Digital Hermes’s Digital Millennium Copyright Act (“DMCA”) Policy. Digital Hermes will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Digital Hermes will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Digital Hermes or others. In the case of such termination, Digital Hermes will have no obligation to provide a refund of any amounts previously paid to Digital Hermes.

Intellectual Property

This Agreement does not transfer from Digital Hermes to you any Digital Hermes or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Digital Hermes. Digital Hermes, Digital Hermes LTD, DigitalHermes.com, the DigitalHermes.com logo, and all other trademarks, service marks, graphics and logos used in connection with DigitalHermes.com, or the Website are trademarks or registered trademarks of Digital Hermes or Digital Hermes’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Digital Hermes or third-party trademarks.

Breaches of these terms and conditions

Without prejudice to Digital Hermes’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Digital Hermes may take such action as Digital Hermes deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Digital Hermes may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Digital Hermes may transfer, sub-contract or otherwise deal with Digital Hermes’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Digital Hermes in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

You represent and warrant that (i) your use of the Website will be in strict accordance with the Digital Hermes Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
These terms and conditions will be governed by and construed in accordance with English Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the United Kingdom.

Miscellaneous

This Agreement constitutes the entire agreement between Digital Hermes and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Digital Hermes, or by the posting by Digital Hermes of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of the United Kingdom, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in United Kingdom. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in United Kingodm, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Digital Hermes may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Registrations and authorisations

Digital Hermes is registered with DIGITAL HERMES LTD, with registration number is 9369980.
Digital Hermes is incorporated under the Companies Act 2006 as a private company, which is supervised by the Registrar of Companies for England and Wales.

Digital Hermes’s details

The full name of Digital Hermes is Digital Hermes LTD

DIGITAL HERMES LTD, is registered in the Registrar of Companies for England and Wales under registration number 9369980.

Digital Hermes’s registered address is Bristol, UK.

You can contact Digital Hermes by email to support@digitalhermes.com