Terms

1. About our terms

1.1. We are Holdcrunch Limited (“HoldCrunch”, “we”, “us”, or “our”), a limited company registered in England and Wales, with company number 14964619. Our registered address is C/O Rfm, Unit 1 Guest House Farm Runshaw Lane, Euxton, Chorley, England, PR7 6HD.

1.2. These Terms and Conditions (these “Terms”) apply whenever you subscribe to our services (the “HC Services”) or you access any of our content including at holdcrunch.com (the “HC Content”).

1.3. Please read these Terms before subscribing to the HC Services or accessing the HC Content and by doing so you agree to be bound by these Terms and any documents referred to in them.

1.4. If you access the HC Content or HC Services through an organisation’s subscription agreement, then in the event of any conflict between these Terms and the organisation’s subscription agreement (as applicable), the terms of the organisation’s subscription agreement shall prevail.

2. Your subscription to the HC Services

2.1. We offer subscriptions to: holdcrunch.com (“Digital Subscriptions”); as well as individual consultations (“Consultations”). These are referred together as “the Subscriptions” and individually as a “Subscription”.

2.2. You may purchase a Subscription by submitting an order and providing your sign up details on holdcrunch.com. We will accept your order when we have successfully processed your payment information and emailed you a confirmation at the email address you have supplied to us.

2.3. We will try to process your Subscription order promptly but cannot guarantee activation by any specified time. We may reject any Subscription order at our discretion. You confirm that your sign up and payment details are complete and accurate and that you are entitled to purchase a Subscription using those sign up and payment details. Each Subscription is for an individual named user only. We may cancel or suspend your Subscription account if you share your access rights with any third parties, or if you attempt to allow third parties to avoid our control of access to holdcrunch.com.

Fees and payment

2.4. You agree to pay the Subscription fees at the rates displayed during the Subscription process.  Prices may vary from time to time. Subscriptions may be available on a one-off, monthly, quarterly, annual or other basis and in all cases Subscriptions provide access to a significant amount of historical data. Unless otherwise indicated, prices stated are inclusive of any applicable value added tax (VAT) or other applicable sales taxes.

2.5. If your payment authorisation is subsequently cancelled after you have purchased a Subscription, we may immediately terminate or suspend your Subscription.

2.6. If we incorrectly state a price online or otherwise, we are not obliged to provide you with a Subscription at that price, even if we have mistakenly accepted your offer to buy a Subscription.  If we notify you of a pricing error, you may cancel the Subscription and we will refund you any money paid, or you may pay the correct price. If you do neither, we may cancel your Subscription and refund any money you have paid. We will act in good faith in determining whether a genuine pricing error has occurred.

2.7. In addition to the Subscription fees you are responsible for paying for any charges that may be levied by your bank or credit card issuer (for example currency exchange fees on transactions which take place abroad or in a foreign currency).

2.8. We will do all that we reasonably can to ensure that all of the information you give us when paying is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, in the case of any failure by us to comply with this contract or our Privacy and Cookie Policy, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you provide to us.

2.9 We will give you at least 21 days’ notice of any increase in the price of your Subscription, which will take effect at your next renewal date.

2.10. By placing your order for a Digital Subscription subject to these Terms, you agree that we may start your Subscription immediately upon our acceptance of your order. This means that you lose your right to cancel once we have provided confirmation via email of your Digital Subscription and that any notice of cancellation that you provide will only take effect at the end of your current subscription period. You will not be entitled to a refund except where there is a fault in our provision of the HC Services.

Our cancellation rights

2.11. We may suspend or terminate your Subscription if we are prevented from providing services to you, or accepting payment from you, by applicable law or circumstances beyond our control, or if we cease to provide the HC Services. If we terminate for any of these reasons, we will provide you with a pro-rata refund of your Subscription to the extent permitted by applicable law.

2.12. We may also suspend or terminate your Subscription, without refund, if you breach these Terms, with or without notice to you and without further obligation to you.

Renewals

2.13. Unless either party notifies the other at least 7 days before the end of your current subscription period that it wishes to cancel, your subscription will continue to renew for further equivalent periods and will be subject to these Terms. We will charge the subscription using the same card or other payment method that you previously used.

3. Using holdcrunch.com

Ownership of holdcrunch.com and the HC Content

3.1. The HC Content, holdcrunch.com and all intellectual property rights in each are owned by us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms.

3.2. Nothing in these Terms grants you any legal rights in holdcrunch.com or the HC Content other than as necessary to enable you to access holdcrunch.com and use the HC Services. You agree not to adjust, to try to circumvent or delete any notices contained on holdcrunch.com (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within holdcrunch.com.

3.3. “HOLDCRUNCH” and are our trademarks and you may not use them without our written permission.

Accessing and using HC Content

3.4. You are responsible for all use of HC Content whether accessed without a Subscription, under your Subscription, or under your organisation’s Subscription. The distribution, publication, reproduction or commercial exploitation (including the creation of derivative works) of the HC Content in any manner whatsoever without our express written consent is prohibited.

3.5. We reserve the right to amend the scope of your Subscription from time to time. Save for circumstances out of our control we will give you at least 90 days’ notice of any significant reduction in the scope of your Subscription and will consider in good faith whether any such reduction in scope merits a commensurate reduction in the cost of your Subscription. Any such reduction in cost will only take effect in relation to renewals of your Subscription.

3.6. On registration, your email address will become your HC username and you will choose a password (“ID”). It is your responsibility to keep your ID confidential. Your email address must not correspond to a generic or shared email account and you must be entitled to use that email address. All information received by us from your use of HC Content will be used by us in accordance with our Privacy and Cookie Policy.

3.7. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify HC immediately by emailing us at info@holdcrunch-com.stackstaging.com.

Accuracy of information and availability of holdcrunch.com

3.8. While we try to make sure that holdcrunch.com and all HC Content is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that holdcrunch.com will be fit or suitable for any purpose. Any reliance that you may place on the information on holdcrunch.com is at your own risk.

3.9. No HC Content shall constitute a recommendation or solicitation to buy or sell a security or make any form of investment. HC Content is provided for your general information purposes only and does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

3.10. While we try to make sure that holdcrunch.com is available for your use, we do not promise that holdcrunch.com is available at all times, nor do we promise the uninterrupted use by you of holdcrunch.com. We may suspend or terminate operation of holdcrunch.com or any part thereof at any time as we see fit. Should we do so, Subscription refunds will apply pro-rata.

Third party sites and products

3.11. holdcrunch.com may contain hyperlinks or references to third party websites and third party products. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any products, content, material or information contained in them. The display of any hyperlink or reference to any third party website or third party product or service, does not mean that we endorse that third party’s website, products or services. Your use of a third party site will be governed by the terms and conditions of that third party site.

4. Your privacy and personal information

Any personal information that you provide to us will be dealt with in line with our Privacy and Cookie Policy. That policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use by us of your personal information.

5. Limitation on our liability

5.1. HC makes no warranty, express or implied, regarding your Subscription, holdcrunch.com, the HC Content or the HC Services, which are provided ‘as is’. We expressly disclaim all warranties to the extent permitted by law, including but not limited to warranties of fitness for a particular purpose.

5.2. Except for any legal responsibility that we cannot limit or exclude in law (such as for death or personal injury), in the event that you suffer any losses arising in connection with your Subscription, or your use of holdcrunch.com, the HC Content or the HC Services:

  • (a)  our total liability to you shall not exceed the total sums paid by you for your current Subscription; and
  • (b)  we shall not be liable or legally responsible in any way, whether in contract, tort (including negligence) or otherwise for:
    • (i) any loss that was not foreseeable to you or HC when the contract was formed;
    • (ii) any loss that was not caused by any breach on HC’s part;
    • (iii) any business loss (including business interruption, or loss of revenues, sales or    business opportunity);
    • (iv) any loss of profits, anticipated savings, goodwill, reputation, or data;
    • (v) any loss of use or corruption of software or technical equipment;
    • (vi) any loss to non-consumers; or
    • (vii) any indirect or consequential loss,

in each case even if we have been advised that such losses may arise.

5.3. The limitations of liability in this clause 5 apply for the benefit of HC, its affiliates and all of their respective officers, directors, employees, agents, consultants, or any company to whom we transfer our rights and obligations in accordance with these Terms.

6. Changes to these Terms

We may update these Terms for legal or regulatory reasons, or to reflect changes in our services or business practices. We will provide you with notice of any material changes but you should regularly check these Terms to see if any changes have been made.

7. Law and jurisdiction

These Terms are subject to English law and both you and we agree that the courts of England will have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms.

8. General

8.1. We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to: any epidemic or pandemic; a breakdown of systems or network access; or fire, explosion or accident.

8.2. You may not license or transfer any of your rights under these Terms. We may transfer any of our rights or obligations under these Terms to any third party, but if we do so we will ensure that any such third party to whom we transfer our rights or obligations will continue to honour your rights under them.

8.3. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

8.4. Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these Terms are for convenience only and will have no legal meaning or effect.

8.5. These Terms (together with the documents referred to within these Terms) constitute the entire agreement between you and HC relating to your use of the HC Services and access to the HC Content. They supersede all previous communications, representations and arrangements, either written or oral.

 

Last updated, 21 September 2024.