Terms of Service

Your use of and access to this website, application, and associated data (collectively, the “Hewden Catalogue Property” as more fully defined in Section 2.1 below) is subject to these terms and conditions (“Terms”). You hereby accept these Terms by using or accessing the Hewden Catalogue Property. Unless otherwise indicated, the Terms below apply to all users of the Hewden Catalogue Property (“Users”), regardless of whether or not you have registered for a Paid Subscription (as defined below).

1. ACCEPTANCE OF TERMS

1.1 These Terms are entered into by and between you and Hewden Catalogue LLC and/or, at Hewden Catalogue LLC’s discretion, one or more of its affiliates (“Hewden Catalogue”). If you are using the Hewden Catalogue Property on behalf of your employer, you accept these terms on your and your employer’s behalf (and any reference to “you” or “your” includes your employer) and represent and warrant that you are authorized to accept these Terms on your employer’s behalf, and that your employer agrees to indemnify you and Hewden Catalogue for violations of these Terms. If you do not agree to all of the terms herein or are dissatisfied with the Hewden Catalogue Property, your sole remedy is to stop using the Hewden Catalogue Property.

2. DESCRIPTION OF Hewden Catalogue PROPERTY

2.1 The term “Hewden Catalogue Property” means this website and any and all property, services, software, widgets, websites, devices, hardware, platforms, interfaces, resources, tools, products, content, data, applications, metadata, images, rich media, text, music, sound, photographs, graphics, video, advertisements, messages and other materials, products, services or technology owned by Hewden Catalogue or its affiliates, licensors, partners or end users or made available to you by Hewden Catalogue directly or indirectly (e.g., on Hewden Catalogue Property, via hyperlinks or otherwise). Hewden Catalogue controls and operates Hewden Catalogue Property from various locations and makes no representation that the Hewden Catalogue Property is appropriate or available for use in any or all locations. Hewden Catalogue Property may not be available in your location, and Hewden Catalogue Property may vary among locations. Upgrades, updates, maintenance and support of Hewden Catalogue Property are provided by Hewden Catalogue at its sole discretion.

2.2 Subject to these Terms, Hewden Catalogue hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable right and license to use the Hewden Catalogue Property as intended and permitted by Hewden Catalogue solely for your personal, non-commercial use. You agree not to access or use the Hewden Catalogue Property through any interface other than the one provided by Hewden Catalogue for such access and use. No other use is permitted without the prior written permission of Hewden Catalogue. The permitted use described in this paragraph is contingent on your compliance at all times with these Terms.

2.3 Hewden Catalogue may also offer a service requiring payment in connection with the Hewden Catalogue Property (“Paid Subscription”). The Paid Subscription provides you with the same access to the Hewden Catalogue Property as users of our free service, but with limited third party advertising; for Users registered with a Paid Subscription only third party advertising on a few select pages may appear within the Hewden Catalogue Property (“Limited Third Party Advertising”). The Limited Third-Party Advertising is the only benefit conferred to a User who registers for a Paid Subscription; Users of the Paid Subscription shall use the Hewden Catalogue Property solely as set forth herein and for no other purpose. Users that are not registered for a Paid Subscription will not receive the benefit of Limited Third-Party Advertising. You are solely responsible for ensuring that you have the appropriate software, hardware, and Internet connection necessary to operate the Paid Subscription. You may also be required to download additional third-party software or download upgraded versions of the Paid Subscription. Hewden Catalogue reserves the right to cease supporting any hardware or software platform at any time, with or without notice to you. Users of the Paid Subscription remain bound by all components of these Terms.

2.4 As between you and Hewden Catalogue, Hewden Catalogue and its affiliates, licensors and partners shall exclusively own and hold all right, title and interest in and to the Hewden Catalogue Property including, without limitation, any and all intellectual property and proprietary rights and any derivatives, revisions, enhancements, modifications or condensations. You receive no ownership rights or other rights in the Hewden Catalogue Property (other than rights to use Hewden Catalogue Property as expressly permitted in and subject to these Terms) and shall not, and shall ensure your employer, employees, agents and affiliates do not, directly or indirectly contest Hewden Catalogue’s ownership of the Hewden Catalogue Property.

3. YOUR CONTENT

Unless otherwise stated herein, or in Hewden Catalogue’s Privacy Policy, any content, ratings, feedback, preferences or other information or property you provide to Hewden Catalogue (including, without limitation, on or in connection with the Hewden Catalogue Property) shall be deemed to be provided on a nonconfidential basis and is intended for public consumption. Hewden Catalogue shall be free to use or disseminate any and all such content on an unrestricted basis for any purpose, and you grant Hewden Catalogue and all other users of the Hewden Catalogue Property an irrevocable, perpetual, worldwide, royalty-free, nonexclusive license to use, reproduce, combine, modify, distribute, transmit, display, perform, adapt, sell and publish such content on an unrestricted basis for any purpose. You represent and warrant that you have proper authorization to grant the foregoing licenses and rights, including, without limitation, the grant of rights for the worldwide transfer and processing among Hewden Catalogue, its affiliates, and third-party providers of any information and content that you may provide via the Hewden Catalogue Property. Hewden Catalogue is not directly or indirectly responsible or liable for and shall have no obligations with respect to any content you provide to Hewden Catalogue or place on the Hewden Catalogue Property, including, without limitation, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content by any party.

4. NOTICES; MODIFICATION AND TERMINATION OF Hewden Catalogue Property

Hewden Catalogue may provide notice to you via email, regular mail, or posting notices or links to notices via the Hewden Catalogue Property. Hewden Catalogue and its designees reserve the right to, at any time, monitor, restrict access to, edit, remove, delete, modify, limit, suspend or terminate the Hewden Catalogue Property (or any part thereof or related information or files), and/or your use of or access to the foregoing, with or without notice and in its sole discretion. If you breach these Terms, these Terms and any and all of your rights to use or access Hewden Catalogue Property shall immediately and automatically cease and terminate. Hewden Catalogue will not be liable to you or any third-party for any deletion, modification, limitation, suspension, or termination of the Hewden Catalogue Property (or any part thereof or related information or files), or loss of related information.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Except as expressly authorized by Hewden Catalogue, you agree not to reproduce, link to (via hyperlinks or otherwise), scrape, modify, rent, copy, lease, loan, sell, distribute, mirror, frame, syndicate, cache, store, record, publish, download, transmit, display or create derivative works of the Hewden Catalogue Property, in whole or in part, by any means. You may not, for example, publish any portion of the Hewden Catalogue Property (or links thereto) on any internet, intranet or extranet site or incorporate the Hewden Catalogue Property in any product, database, compilation, archive or cache. You must not modify, decompile, or reverse engineer any software Hewden Catalogue discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership. You shall not attempt to circumvent any content protection mechanisms or digital rights management systems.

5.2 “Hewden Catalogue Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Hewden Catalogue uses in connection with its products and services. You agree to comply with Hewden Catalogue’s trademark and logo usage requirements as may be in effect from time to time. You may not use, remove or alter any Hewden Catalogue Trademarks, or co-brand your own products or material with Hewden Catalogue Trademarks, without Hewden Catalogue’s prior written consent. You acknowledge Hewden Catalogue’s rights in Hewden Catalogue Trademarks and agree that any use of Hewden Catalogue Trademarks by you shall inure to Hewden Catalogue’s sole benefit. You agree not to incorporate any Hewden Catalogue Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.

5.3 Hewden Catalogue is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on Hewden Catalogue Property, please contact our Copyright Agent in accordance with our Copyright Policy which is available here and incorporated into these Terms.

5.4 Except as expressly set forth in these Terms, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to any Hewden Catalogue Property or any other product, content, technology, intellectual property or service of Hewden Catalogue or its affiliates, licensors or partners. In addition, nothing in these Terms shall be deemed to grant to you or any third party the right or license to use Hewden Catalogue Property on any platform or device, in any place or in any manner which is not expressly authorized hereunder. For clarity, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to any patent or patent application of Hewden Catalogue or its affiliates, licensors or partners. Nothing in these Terms shall be deemed to be a waiver or release of your past, present or future obligations to acquire such rights and/or licenses from Hewden Catalogue or its affiliates, licensors or partners.

6. DISCLAIMER OF WARRANTIES

6.1 YOUR USE OF THE Hewden Catalogue PROPERTY, INCLUDING, WITHOUT LIMITATION, ALL ADVERTISEMENTS AND OTHER CONTENT, IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. Hewden Catalogue AND ITS AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS, CUSTOMERS AND PARTNERS SHALL HAVE NO DIRECT OR INDIRECT LIABILITY OR RESPONSIBILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE Hewden Catalogue PROPERTY. THE Hewden Catalogue PROPERTY IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. Hewden Catalogue DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Hewden Catalogue MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, AVAILABILITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE Hewden Catalogue PROPERTY.

6.2 Hewden Catalogue MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE Hewden Catalogue PROPERTY WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Hewden Catalogue PROPERTY WILL BE ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIMELY, SECURE, ERROR-FREE OR RELIABLE; (C) THE QUALITY OF ANY Hewden Catalogue PROPERTY OR PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE Hewden Catalogue PROPERTY WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS OR DEFECTS IN THE Hewden Catalogue PROPERTY WILL BE CORRECTED.

6.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR PROPERTY OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE Hewden Catalogue PROPERTY (INCLUDING, WITHOUT LIMITATION, DAMAGE CAUSED BY CHANGES TO Hewden Catalogue PROPERTY), INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

7. LIMITATION OF LIABILITY

7.1 TO THE FULLEST EXTENT PERMITTED BY LAW, Hewden Catalogue IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE Hewden Catalogue PROPERTY, EVEN IF Hewden Catalogue HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE Hewden Catalogue PROPERTY; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE Hewden Catalogue PROPERTY; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR CONTENT, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (D) DEATH OR PERSONAL INJURY OR (E) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.

7.2 TO THE EXTENT THAT THE APPLICABLE LAWS OF ANY JURISDICTION DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DEATH OR PERSONAL INJURY, DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXCLUSION OF STATUTORY RIGHTS OR DAMAGES FOR FRAUDULENT MISREPRESENTATION, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY, BUT ONLY TO THE EXTENT THAT THE EXCLUSION OR LIMITATION IS NOT ALLOWED BY APPLICABLE LAWS.

8. GENERAL TERMS

8.1 The Terms constitute the entire agreement between you and Hewden Catalogue relating to the subject matters herein, and cancel and supersede any prior versions of the Terms. No modifications made by you to the Terms will be binding on Hewden Catalogue  unless in writing and signed by an authorized Hewden Catalogue representative. Hewden Catalogue reserves the right to terminate and/or change these Terms at any time in its sole discretion with or without notice. Hewden Catalogue may notify you of any such changes solely by changing these Terms and making them available on this website. Your continued use of the Hewden Catalogue Property after the posting of any amended Terms shall constitute your agreement to be bound by any such changes. You shall not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Hewden Catalogue or third-party products or services.

8.2 The Terms constitute the entire agreement between you and Hewden Catalogue relating to the subject matters herein, and cancel and supersede any prior versions of the Terms. No modifications made by you to the Terms will be binding on Hewden Catalogue unless in writing and signed by an authorized Hewden Catalogue representative. Hewden Catalogue reserves the right to terminate and/or change these Terms at any time in its sole discretion with or without notice. Hewden Catalogue may notify you of any such changes solely by changing these Terms and making them available on this website. Your continued use of the Hewden Catalogue Property after the posting of any amended Terms shall constitute your agreement to be bound by any such changes. You shall not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Hewden Catalogue or third-party products or services.

8.3 Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

8.4 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

8.5 In the event of a conflict between these Terms and any other agreements between you and Hewden Catalogue, Hewden Catalogue shall determine in its discretion which terms shall govern.

8.6 This English language version of these Terms governs your relationship with Hewden Catalogue and any translations of the Terms into another language shall not be binding on Hewden Catalogue.

© 2020 Hewden Catalogue. All rights reserved.

57 Princes Street, RODBOROUGH, GL5 4WJ