Thanks for subscribing to Honch — here’s the legal bit:

Honch is a business information service provided by Honch Data Limited. Subscribing to the Honch service binds the Subscriber (and each individual User) to these terms and conditions.

1 - Definitions:

Applicable Laws means the laws of England and Wales and the European Union.

Business means the separate business or trading division of the Subscriber which is identified as the “Business” in the Subscription Form.

Data means any data or other information contained in any part of the Service or which is otherwise supplied by Us to You.

Data Protection Laws means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country.

EEA means the European Economic Area.

EU Data Protection Laws means EU Directive 95/46/EC and EU Directive 2002/58/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the EU General Data Protection Regulation 2016/679 (“GDPR”) and laws implementing or supplementing the GDPR.

Intellectual Property Rights (IPR) means all patents, trademarks, design rights, trade or business names (including domain names), registered designs, copyright and database rights, together with all rights to claim for infringement.

Commission, controller, Data Subject, Member State, Personal Data, Personal Data Breach, Processing, processor, and Supervisory Authority shall have the meanings given to them in the Data Protection Laws.

Public Holiday means any public holiday in England.

Subprocessor means any person (including any third party but excluding an employee of Honch) appointed by or on behalf of Honch to process Subscriber Personal Data on behalf of the Subscriber or otherwise in connection with the Agreement.

Subscriber Personal Data has the meaning given to it in clause 9.

Subscription means the contract created by the Subscription Form.

Subscription Fee means the price for the Subscription as shown on the Subscription Form (together with any VAT thereon).

Subscription Form means the Subscription Form completed by You to subscribe for the Service.

Subscription Term means the period of the Subscription as shown on the Subscription Form.

Terms means these terms and conditions and any special terms agreed in writing between You and Us.

The Service means any information or data published or supplied by Us to You in electronic form under the ‘Honch’ name.

Honch, We, Our or Us means Honch Data Limited, a company incorporated in England and Wales with registered company number 12246723.

The Subscriber (or You or Your) means the individual, firm, company, organisation or business subscribing to the Service.

User means an individual (being a full-time employee of the Subscriber who works exclusively within the Business) nominated as a User by the Subscriber (either on the Subscription Form or by subsequent written notification to Us by the Subscriber as a substitution for an individual previously nominated as a User or as an additional User).

Maximum Number of Users is the maximum number of Users allowed to the Subscriber as specified in the Subscription Form (or as may be agreed between Us and the Subscriber from time to time in writing).

2. SUBSCRIPTION

We shall supply the Service subject to these Terms. These Terms may not be altered or added to without Our written agreement.

The Subscription shall be for the Subscription Term at the Subscription Fee and on these Terms (and on any other terms set out in the Subscription Form). Where these Terms and the provisions of the Subscription Form conflict, these Terms shall prevail unless expressly stated otherwise.

We reserve the right to change the content, layout and format of the Service at any time.

3. LIMITATION OF OUR LIABILITY

We shall exercise reasonable care and skill in preparing the Data. Nothing in these Terms shall exclude Our liability for death or personal injury caused by Our negligence, or for fraud or fraudulent misrepresentation.

Save as provided above, the Service is provided without any express or implied warranty of any kind (including warranties for quality, fitness for purpose or non-infringement of Intellectual Property Rights).

We do not warrant the accuracy or completeness of the Data in the Service nor that the Service will be uninterrupted or error free.

In no circumstances will We be liable for:

- Any loss of profit, business, contacts, reputation, goodwill, business interruption, loss of information, anticipated savings, economic loss or any liability You may have to any third party.

- Any special, indirect or consequential losses of any nature whatsoever which You may suffer or incur.

Our liability, whether in tort (including negligence or breach of statutory duty), contract, misrepresentation or otherwise, shall be limited to the Subscription Fee paid to Us by You in the 12 months immediately preceding the date the cause of action arose.

4. SUBSCRIPTION TERM AND PAYMENT

The Subscription commences once we acknowledge receipt of Your completed Subscription Form and confirm acceptance of Your order (the “Commencement Date”). Payment of the Subscription Fee must be made in full within 14 days of Our invoice. If payment has not been received, We reserve the right to suspend or cancel the Service.

Full payment remains due if You cancel after the Commencement Date. No refunds will be made for early cancellation within any Subscription Term.

5. SUPPLY OF THE SERVICE

Subject to your compliance with these Terms and payment of the Subscription Fees, We shall supply the Service to You during the Subscription Term.

You are deemed to have begun receiving the Service as soon as We grant access. Let Us know immediately if You encounter difficulties.

You are responsible for devices, telecommunications, and facilities used to access the Service. No refund will apply if You fail to access for reasons beyond Our control.

We reserve the right to pause the Service during Public Holidays and the Christmas & New Year Holidays.

6. USE OF THE SERVICE

We grant You a personal, non-sublicensable, non-exclusive, non-transferable licence to use the Service and Data during the Subscription Term under these conditions:

- No Data may be shared outside the Business.

- You may not modify, display publicly, sell, or rent the Data.

- Data access is limited to employees within the Business.

7. USERS

Access is available only to Users, limited to the Maximum Number of Users.

To increase Users, You must notify Us and pay the applicable fee per User.

We provide each User an individual login which must not be shared.

8. CONFIDENTIALITY

Both parties agree to keep confidential all information (including Data, trade secrets, commercial, financial or technical information) belonging to the other party unless it becomes public knowledge through no breach.

9. DATA PROTECTION AND SECURITY

We are the data controller for the Data. When You export Data containing Personal Data, You act as the data controller and We act as the data processor.

Each party will comply with all applicable Data Protection Laws.

We will:

- Process Subscriber Personal Data only as necessary to deliver the Service.

- Ensure staff with access to Personal Data are under confidentiality obligations.

- Implement appropriate technical and organisational security measures.

- Notify You promptly of any Personal Data Breach.

You must ensure lawful transfer and processing of any Subscriber Personal Data.

10. INTELLECTUAL PROPERTY AND THE DATA

All Intellectual Property Rights in the Service and Data remain Our exclusive property (or that of Our licensors).

The Data and Service design are owned by Us and may not be reproduced, copied, or published without Our written permission.

You may not share, resell, assign, or transfer any part of the Data to third parties.

11. BREACH AND TERMINATION

If You fail to pay or breach these Terms, We may charge interest (4% above Barclays Bank base rate) and suspend or cancel the Service.

Either party may terminate with written notice if the other materially breaches these Terms and fails to remedy within 30 days, or enters insolvency or administration.

Upon termination:

- All rights and licences cease.

- Outstanding balances become immediately payable.

- Confidential information must be destroyed or returned.

12. MISCELLANEOUS

These Terms and the Subscription contract are governed by English law and subject to the jurisdiction of the English courts.

We are not liable for delays or failures caused by events beyond Our reasonable control.

This contract is personal to You and may not be assigned without Our written consent. We may assign our rights after written notice.

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