Terms And Conditions

1. ACCEPTANCE OF TERMS

Welcome to Hypernumbers spreadsheet based website creation service (the "Service"). Your use of the Service is subject to these Terms of Service ("TOS"). Hypernumbers reserves the right to update and change the TOS from time to time without notice or acceptance by you. However, if you are a consumer and have purchased any features on the Service ("Paid Features"), you will be informed of these changes and will be allowed to cancel your Paid Feature(s) by giving us [five 5] days' written notice. The TOS will also be applicable to the use of the Service on a trial basis. By using the Service, you signify your irrevocable acceptance of this TOS.

2. INFORMATION ABOUT US

hypernumbers.com is a site operated by Hypernumbers Limited ("us", "we", or "Hypernumbers").  We are registered in Scotland under company number SC334676 and have our registered office at 135 High Street, Linlithgow, West Lothian EH49 7EJ.

3.  DESCRIPTION OF SERVICE

3.2 In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the Service may include certain communications from Hypernumbers, such as Service announcements, administrative messages or a Hypernumbers newsletter, and that these communications are considered part of Hypernumbers membership. You agree not to access the Service by any means other than through the interfaces that are provided by Hypernumbers for use in accessing the Service.

4. REGISTRATION

4.1 In order to use the Service, you must have a valid Hypernumbers ID. To be an Account Holder with your own web site, you must provide Hypernumbers with a valid email address. As an Account Holder, you will be allocated a password and account designation for your web sites during the Service's registration and site commissioning process.

4.2 You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Hypernumbers in writing of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. Hypernumbers cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.

4.3 In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form,; and (b) maintain and promptly update the Registration Datayour registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hypernumbers has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hypernumbers has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Where you act as a consumer and have purchased Paid Features, the cancellation above will include a refund of the fees for the Paid Features less an element representing reasonable costs and expenses incurred by us in administration and management.

5. CANCELLATION AND TERMINATION FOR BUSINESSES

5.1 If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your web site(s) and all information contained therein may be deleted by Hypernumbers. Hypernumbers accepts no liability for such deleted information or content.

5.2 You agree that Hypernumbers, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service (including, but not limited to your web site(s) if you are an Account Holder), for any reason, including and without limitation, the lack of use, or if Hypernumbers believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted web site(s) (as applicable) and all its parts, at Hypernumbers's discretion, will be terminated as well. Hypernumbers may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Hypernumbers may immediately deactivate or delete your web site(s), as applicable, and all related information and files. Hypernumbers reserves the right to bar any further access to such files or the Service. You agree that Hypernumbers shall not be liable to you or any third-party for any termination of your access to the Service.

6. CANCELLATION AND TERMINATION FOR CONSUMERS

6.1 If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your web site(s) and all information contained therein may be deleted by Hypernumbers. Hypernumbers accepts no liability for such deleted information or content.

6.2 You agree Hypernumbers may terminate your password, and/or account, and remove and discard any Content within the Service (including, but not limited to your web site(s) if you are an Account Holder) if Hypernumbers has reasons to believe that you are in material breach of the TOS. In the circumstances above, Hypernumbers will refund, where applicable, any fees paid for the Paid Features less an element representing reasonable costs and expenses incurred by Hypernumbers in administration and management. Any contracts, verbal or written or assumed, in conjunction with your deleted web site(s) (as applicable) and all its parts will be terminated as well. Subject to providing to you reasonable notice and refunding any fees paid less a charge for administrative and management costs, Hypernumbers may discontinue providing the Service or any part thereof.

7. HYPERNUMBERS PRIVACY POLICY

Registration data and certain other information about you are subject to our Privacy Policy, the terms of which are incorporated into this TOS by reference.

8. OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY

You are responsible for maintaining the security of your account and web site(s), and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the web site(s). You agree to immediately notify Hypernumbers by email or in writing of any unauthorized uses of the account or any other breaches of security. Hypernumbers cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Hypernumbers be liable, in any way, for any acts or omissions by an Account Holder or an End User, including any damages of any kind incurred as a result of such acts or omissions.

9. CONTENT AND CONDUCT RULES AND OBLIGATIONS

9.1 You understand that all information, data, text, Software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the Account Holder on whose web site(s) such Content originated. You, and not Hypernumbers, are entirely responsible for all Content that you or your End Users upload, post, transmit or otherwise make available via the Service. Hypernumbers does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

9.2 You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Hypernumbers be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that Hypernumbers does not pre-screen Content, but that Hypernumbers and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any Content that is available via the Service. Without limiting the foregoing, Hypernumbers and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable in Hypernumbers's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that Hypernumbers may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Hypernumbers, its users and the public.

9.3 Commentary and other material available in the Content is not intended to amount to advice by Hypernumbers on which reliance should be placed. Hypernumbers therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any Account Holder, End User or by anyone who may be informed of it.

9.4 You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

9.5 You agree that you will not do yourself, nor wilfully allow your End Users to do, the following:

(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) impersonate any person or entity, including, but not limited to, a Hypernumbers staff member, site builder, hypernumbers reseller, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;

(g) upload, post, or transmit unsolicited commercial email or spam. This includes unethical marketing, advertising, or any other practice that is in any way connected with spam, such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address,; (b) promoting a web site with inappropriate links, titles, descriptions,; or (c) promoting your web site by posting multiple submissions in public forums that are identical;

(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(j) "stalk" or otherwise harass another;

(k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;

(l) offer for sale or sell any item, good or service that (a) violates any applicable local law or regulation,; (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations,; or (c) Hypernumbers determines, in its sole discretion, is inappropriate for sale through the Service provided by Hypernumbers;

(m) use the Service as a forwarding service to another web site;

(n) solicit passwords or personal identifying information for commercial or unlawful purposes from other users;

(o) exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or Content;

(p) make any automated use of the system.

(q) Failure to comply with this section 9 constitutes a material breach of the TOS and may result in Hypermarkets' taking actions, including, without limitation, Content deletion, withdrawal of your right to use the Service, and legal action against you. Hypernumbers excludes its liability for actions taken in response to breaches of this section 9. The responses described in this section 9 are not limited, and Hypernumbers may take any other action as it reasonably deems appropriate.

10. FEES/PAYMENT

10.1 The Paid Features on the Service require payment of fees. If you elect to sign up for these Paid Features, you shall pay all applicable fees, as described on the Service in connection with such Paid Features selected by you. Hypernumbers reserves the right to change its prices and at any time. You authorize Hypernumbers directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information.

10.2 When you purchase Paid Features you warrant that:

(a) You are legally capable of entering into binding contracts; and

(b) You are at least 18 years old.

11. MONEY BACK GUARANTEE

11.1 Hypernumbers Enterprise, Premium, Standard and Basic Accounts include a 30-day money back guarantee. If you are dissatisfied with your service for any reason, you can receive a full refund if you cancel your Enterprise, Premium or Standard account within 30 days of the activation of the account. Please direct refund requests to team@Hypernumbers.com.

11.2 If you elect to purchase your own domain name, this purchase is non-refundable.

11.3 Downgrading your Hypernumbers account may cause the loss of Content, features, or capacity of your account. Hypernumbers does not accept any liability for such loss.

12. ADDITIONAL SOFTWARE

12.1 With respect to any additional Software that may be made available by Hypernumbers in connection with the Service ("Software"), if you elect to access such additional Software or third party Content made available to through the Service, you understand that you may have to agree to additional terms and conditions before you use such Software or third party Content.

12.2 You also agree that the use of any third party Software or Content obtained through the Service does not transfer to you any rights, title or interest in or to the Software or such Content, and that you will not use any Content made available to you through the Software or the Service except as expressly authorized under that third party provider's terms of service or license. For greater certainty, by downloading Software or Content made available through the Service, you are deemed to agree to the terms of service or license agreement posted on the Service, the terms of which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the terms of service or license agreement, do not download the Software or Content.

13. CONTENT SUBMITTED

Hypernumbers does not claim ownership of the Content you place on your Hypernumbers web site(s). By submitting Content to Hypernumbers for inclusion on your Hypernumbers web site(s), you grant Hypernumbers a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your web site(s) on Hypernumbers's Internet properties. This license exists only for as long as you continue to be a Hypernumbers' customer and shall be terminated at the time your web site(s) is terminated.

14. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Hypernumbers has no control over such sites and resources, you acknowledge and agree that Hypernumbers is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Hypernumbers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

15. INDEMNITY

You agree to indemnify and hold Hypernumbers, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of your Content, your use of the Service, your End Users' activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are an Account Holder or not. The Account Holder is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

16. RESALE OF SERVICE 1

16.1 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Hypernumbers.

16.2 [You may reproduce, duplicate, copy, sell, resell or exploit any portion of or the entire Content that you and your End Users upload, provided that you have the required consents to do so

17. GENERAL PRACTICES REGARDING THE SERVICE

You acknowledge that Hypernumbers may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time.

Where possible, Hypernumbers will post the amended practices and limits in the site Hypernumbers.com.

18. HYPERNUMBERS' PROPRIETARY RIGHTS

18.1 You acknowledge and agree that the Service and any necessary Software used in connection with the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Hypernumbers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

18.2 Hypernumbers does not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized Hypernumbers' representative, any material, information or idea you transmit to Hypernumbers by any means may be disseminated or used by Hypernumbers or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy.

19. DISCLAIMER OF WARRANTIES

19.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT WHERE YOU ACT AS A CONSUMER, HYPERNUMBERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) HYPERNUMBERS WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, HYPERNUMBERS IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. HYPERNUMBERS DOES NOT WARRANT THAT (i) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

20. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HYPERNUMBERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HYPERNUMBERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

21. EXCLUSIONS AND LIMITATIONS

21.1 THE LIMITATIONS AND EXCLUSIONS OF LIABILITY CONTAINED IN THESE TOS DO NOT EXCLUDE OR LIMIT IN ANY WAY HYPERNUMBERS' LIABILITY FOR:

(a) DEATH OR PERSONAL INJURY CAUSED BY HYPERNUMBERS' NEGLIGENCE;

(b) FRAUD OR FRAUDULENT MISREPRESENTATION; OR

(c) ANY MATTER FOR WHICH IT WOULD BE ILLEGAL FOR HYPERNUMBERS TO EXCLUDE, OR ATTEMPT TO EXCLUDE, ITS LIABILITY.

22. GENERAL

22.1 Notices to you may be made by email. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

22.2 The TOS and the relationship between you and Hypernumbers shall be governed by English laws. You and Hypernumbers agree to submit to the personal and non-exclusive jurisdiction of English courts.

22.3 The failure of Hypernumbers to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

22.4 The TOS constitutes the entire agreement between you and Hypernumbers and govern your use of the Service, superseding any prior agreements between you and Hypernumbers (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Hypernumbers services, third-party content or third-party Software.

22.5 If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, such provision or incorporated document will to that extent be severed from the TOS, which will continue to be valid to the fullest extent permitted by law.

22.6 Unless you act as a consumer in which case this sub-section 22.6 will not apply, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

22.7 The section titles in the TOS are for convenience only and have no legal or contractual effect.

23. VIOLATIONS

Please email gordon@hypernumbers.com with any violations of these terms and conditions