TERMS OF SALE FOR PURCHASES OF SERVICES, DIGITAL CONTENT AND THE BECOME A TIME HACKER COACH PROGRAM
These terms of sale were last updated in August 2023.
INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are Time Hackers Limited (“we,” “us” or “our”). We are registered in England and Wales under company number 12476389 and have our registered office at 349 Bury Old Road, Prestwich, Manchester, M25 1PY in the United Kingdom.
How to contact us. To contact us, please email us at team@timehackers.xyz
What these terms cover. These are the terms and conditions on which we supply products to you, whether these are services or digital content (“products”), and the Become a Time Hacker program (the “BATHC Program”) (collectively, “Products and Services”). Where there are any differences in the provisions for the products, services or programs we provide, we will draw your attention to these with these terms.
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This key information is set out in these terms and on the sales page on our website for the Products and Services you are purchasing. The key information we give you by law forms part of this contract as though it is set out in full here.
When might these terms change. We may amend these terms from time to time to reflect changes to our Services, our business priorities or for any other reason, so please check these terms to ensure you have read the terms that apply at that time.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Products and Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss prior to making your purchase.
When buying Products and Services from us, you also agree to be legally bound by:
- our Website Terms and Conditions and any documents referred to in them;
- our Privacy Policy and any documents referred to in it.
All of the above documents form part of the contract between us as though set out in full here.
Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying Products and Services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms.
OUR CONTRACT WITH YOU
How to make an order from us. Below, we set out how a legally binding contract between you and us is made.
You place an order with us by adding the Products and Services to a shopping cart. Once you are ready to purchase, you will enter your name, email address and payment details. To purchase the Products and Services, you must click the button to make the purchase. When you click the button, you understand and agree that you will be charged for the Products and Services via the payment details you have provided.
Please read and check your order carefully before submitting it. Before you place your order, you must check that the hardware and software requirements of your computer or device mean that you can download or access the Products and Services.
How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Products and Services, or we will immediately refund you if your payment has been processed. This might be because:
- of unexpected limits on our resources which we could not reasonably plan for;
- we have identified an error in the price or description of the Products and Services;
- we are unable to meet a delivery deadline we have specified;
- the Products and Services you have purchased are not unavailable;
- we cannot authorise your payment;
- you are not allowed to buy the Products and Services from us; or
- we are not allowed to sell the Products and Services to you.
Our Products and Services are not for people under the age of 18 years. If you are under the age of 18 years, you may not buy Products and Services from us.
PRICE AND PAYMENT
Where to find the price for the Products and Services. The price of the Products and Services will be the price indicated on the order pages when you placed your order on our website. We use our best efforts to ensure that the price of the Products and Services advised to you is correct. However please see below for what happens if we discover an error in the price of the Products and Services you order. The price of the Products and Services is in Pounds Sterling (£) (GBP), and includes value added Tax (VAT) at the applicable rate. Where discounts are applied, these are applicable for the term specificed only, and the usual fees will apply going forward.
Authority to take recurring payments. Where you purchase Products and Services from us that incur ongoing payments, you agree to being charged any such recurring fee, which will be automatically deducted from your chosen credit card, debit card or bank account. This ongoing fee will continue to be deducted, without further consent from you or notice from us, until such time as you or we terminate these terms.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Products and Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Products and Services in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products and Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Products and Services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Products and Services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
When you must pay and how you must pay. You must pay for the Products and Services at the time of ordering them. We accept payment with debit and credit cards and by bank and wire transfer, i.e. payments via Wise.
Your payment information. We will do all that we reasonably can to ensure that all of the information you give us when paying for the Products and Services is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with these terms or our Privacy Policy, or breach by us of our duties under applicable laws, 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 give us.
OUR RIGHTS IN RELATION TO THE PRODUCTS AND SERVICES
Changes to the Products and Services. We may change the Products and Services:
- to reflect changes in relevant laws and regulatory requirements;
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Products and Services;
- to change the platform on which the Products and Services, or any element of the product, are provided, hosted, distributed or otherwise made available;
- to add or remove particular providers of the Products and Services, or any element of the Services.
Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
Our intellectual property rights in relation to the Products and Services. We are the owners or licensees of all intellectual property rights in the website, and the Products and Services you purchase, including any databases that hold relevant information about the website or its products. These rights are protected by copyright or trade mark registration and you may only use the Products and Services, or any part of them, in accordance with these terms.
Your licence to use the products. Upon payment of the price for any of our products we grant you a non-exclusive, non-transferable, revocable licence to use the products for your own personal, non-commercial use. You may not sub-licence or otherwise give access to this licence to anyone, whether for payment, exchange or for free. For those that have purchased the BATHC Program, please refer to the dedicated section of these terms that states any other terms that apply to the BATHC Program.
Restrictions on your use of the Products and Services. You must not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any Products and Services, or part of the Products and Services, that you purchase through this website or from us unless agreed with us in writing. To do so would be in breach of our intellectual property rights, and we reserve our rights to take legal action if this occurs. For those that have purchased the BATHC Program, please refer to the dedicated section of these terms that states any other terms that apply to the BATHC Program.
Our rights in relation to your interactions. In the course of your interaction or engagement with the Services, we may record or retain your contributions. You agree to our use of your image, voice and written contributions as we see fit and in accordance with these terms. You will not be entitled to any claim for payment, nor any imposition of conditions or restrictions for use, and we will not require any further consent from you to use such contributions.
PROVIDING THE PRODUCTS AND SERVICES
If the Products and Services are ongoing services or a subscription to receive services or digital content. We will supply the services or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described below or we end the contract by written notice to you as also described below.
We are not responsible for delays outside our control. If our supply of the Products and Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. Such events include but are not limited to acts of God, fire, flood, drought, earthquake, windstorm or other natural disaster, war, armed conflict, invasion, acts of terrorism, epidemic, pandemic, labour dispute, or interruption or failure of utility service.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products and Services to you. If so, this will have been stated in the description of the Products and Services on our website. We will contact you to ask for this information.
If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
We will not be responsible for supplying the Products and Services late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of Products and Services to you. We may have to suspend the supply of Products and Services to:
- deal with technical problems or make minor technical changes;
- update the Products and Services to reflect changes in relevant laws and regulatory requirements;
- make changes to the Products and Services as requested by you or notified by us to you.
We may also suspend supply of the Products and Services if you do not pay. If you do not pay us for the Products and Services when you are supposed to and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the Products and Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products and Services. We will not charge you for the Products and Services during the period for which they are suspended.
PROVIDING THE BATHC PROGRAM
Applying to the BATHC Program. You will be required to apply to join the BATHC Program and upon acceptance we will require payment as detailed earlier in these terms. We may require that you also join the Time Hackers group program (“TH Program”) at the same time as the BATHC Program (if you are not already a member). This is to ensure that you can meet the BATHC Program certification requirements following completion, as explained below.
What happens when payment is received. Once we have received payment in accordance with the agreed schedule, you will be granted access to the BATHC Program, its community and resources for the duration of the BATHC Program.
What happens during the BATHC Program. During the BATHC Program, you will participate in a variety of educational and training activities, both in group and individual settings.
What happens at the end of the BATHC Program. At the end of the BATHC Program, you may complete and submit requirements to be evaluated for BATHC certification to become a Time Hacker Coach. This includes without limitation, validation of completed modules, evaluation of sample coaching calls, and a certification exam. We will notify you in writing to confirm that you have achieved certification. It is important you understand that once the BATHC Program has concluded, your access to the BATHC Program resources and community ends, however you will have access to the TH Program for its lifetime.
Can you choose not to be certified as a Time Hacker Coach through the BATHC Program. Certification as a Time Hacker Coach is optional, however it is important that you understand that you will no longer be entitled to the Time Hacker IP beyond personal use of the resources available as part of the TH Program, as detailed earlier in these terms.
What can you do after certification as a Time Hacker Coach. After certification, we will provide you with a BATHC Program resources pack. This, together with any and all resources made available to you as part of the BATHC Program and the TH Program, are referred to in these terms as “Time Hacker IP.” Subject to the restrictions specified in this section of the terms, you are then permitted to:
- Teach the following concepts/tools from the TH Program to your own clients:
- Module 1: Hack Your Success in this Program / Lessons 1-5
- Module 2: Hack Your Brain / Lessons 1-6
- Module 3: Hack Your Decisions / Lessons 1-7
- Module 4: Hack Your Fear & Failure / Lessons 1-5
- Module 5: Hack Your Time / Lessons 1-8
- Share and use the workbooks/worksheets associated with the above modules/lessons with your own clients.
- Share and use the PowerPoint presentations associated with the above modules/lessons with your own clients.
What are the restrictions to the use of the Time Hacker IP. Following certification, you are granted a non-exclusive, non-transferable, non-sublicensable revocable licence to use, share and distribute the Time Hacker IP for your own commercial purpose in your own business. However, this licence is subject to the following strict restrictions:
- You must not alter the Time Hacker IP from its original state and you must always maintain the Time Hackers branding. Attribution must always be given to Time Hackers Limited as the copyright owner when using the Time Hacker IP.
- You must not use, share, license or in any way distribute the original videos from the above modules/lessons to any third party, including your own clients.
- You must not provide your clients with unauthorised access to the TH Program or private community.
- Any other resources made available as part of the TH Program, including any bonus modules/tools we release from time to time, must not be shared, used, licensed, or in any way distributed to any third party, including to your clients.
- Resources from other Time Hackers Limited products/programs that you have access to as either a client or as a contractor coach may not be shared, used, licensed, or in any way distributed to any third party, including your own clients.
- You must not use, duplicate, or exploit the Time Hacker IP by incorporating into any other program, whether directly or indirectly, for the purposes of teaching others to become a Time Hacker coach.
If you breach any of the above restrictions, we reserve the right to take legal action against you to enforce our intellectual property rights.
How to work for us as a Time Hacker Coach. After certification as a Time Hacker Coach through the BATHC Program, you can apply for a contractor coach position with Time Hackers Limited. There is a formal process to review applications and accept contractor coaches and this is separate from the BATHC Program. If accepted, you will be provided with and be required to sign a contractor agreement, detailing your responsibilities to us as a contractor coach.
YOUR RIGHTS TO END THE CONTRACT
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Products and Services which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the Products and Services or these terms which you do not agree to;
- we have told you about an error in the price or descriptio n of the Products and Services you have ordered and you do not wish to proceed;
- there is a risk that supply of the Products and Services may be significantly delayed because of events outside our control;
- we have suspended supply of the Products and Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
- you have a legal right to end the contract because of something we have done wrong.
We are constantly striving to enhance our Products and Services in order to better serve our customers. As a result, and in relation to sub-clause (a) above, the specific inclusions of any of our Products and Services may change over time as a result of developments in our business and improvements in our client offerings. While you may be entitled to end your contract with us as a result of such improvements, you will not be entitled to a refund of any monies paid for the Products and Services you have received, accessed or otherwise engaged with as a result of your purchase.
Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most Products and Services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
- digital products after you have started to download or stream these;
- services, once these have been completed, even if the cancellation period is still running.
How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
- Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
- Have you bought digital content for download or streaming? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind. For the avoidance of doubt, the BATHC Program is deemed digital content under these terms.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at team@timehackers.xyz
You may use the model cancellation form below, but you are not required to:
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Cancellation form To Time Hackers Limited 349 Bury Old Road Prestwich Manchester M25 1PY United Kingdom I hereby give notice that I cancel my contract of sale of the following digital products / the supply of the following service [customer to insert description of purchase] / the Become a Time Hacker Program, ordered on [customer to insert purchase date]. Name of customer: [customer to insert name] Address of customer: [customer to insert address] Date: [customer to insert date] |
How we will refund you. If you are entitled to a refund under these terms, we will refund you the price you paid for the Products and Services by the method you used for payment. However, we may make deductions from the price, as described below.
When we may make a deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, your refund will be made within 14 days of your telling us you have changed your mind.
OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for Products and Services, withdraw your access to the Products and Services and remove you from any platform facilitating your access to the Products and Services at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
- you breach these terms or our Acceptable Use Policy set out in our Website Terms and Conditions,
- for any other reason and at our absolute discretion.
You must compensate us if you break the contract. If we end the contract in the situations set out above, we will refund any money you have paid in advance for Products and Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the Products and Services. We may write to you to let you know that we are going to stop providing the Products and Services. Where we have advised that the Products and Services are available with lifetime access, you acknowledge and agree that the reference to “lifetime” refers to the ongoing availability for the lifetime of the Products and Services in their current form and format. We will let you know at least one (1) month in advance of our stopping the supply of the Products and Services and will refund any sums you have paid in advance for Products and Services which will not be provided.
IF THERE IS A PROBLEM WITH THE SERVICES
How to tell us about problems. If you have any questions or complaints about the Products and Services, please contact us via email at team@timehackers.xyz
YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS AND SERVICES IF YOU ARE A CONSUMER
If you are a consumer, we are under a legal duty to supply Products and Services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Products and Services. Nothing in these terms will affect your legal rights.
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Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
If your product is services, the Consumer Rights Act 2015 says:
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YOUR RESPONSIBILITIES IN RELATION TO THE PRODUCTS AND SERVICES
You have certain responsibilities in relation to the Products and Services you purchase from us. Save as permitted elsewhere in these terms in respect of the BATHC Program, you agree that you are purchasing our Products and Services for your private, non-commercial use only. You further agree that you will not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any of the Products and Services, or part of the Products and Services, that you purchase through this website or from us unless agreed with us in writing.
You are responsible for ensuring that you do not lose, destroy, or damage any of the Products and Services you purchase through this website.
You are responsible for ensuring that any hardware you use to download and/or access the Products and Services function correctly with this website or any alternative platform on which we make the Products and Services available. You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost.
You will not promote your own services. We have created the Products and Services for the benefit of all members and participants, and it is intended as a space for our community members and participants to gain the benefit of our service and digital products. As such, you agree that you will not undertake any promotion, marketing, publicising or selling activities in our digital membership community or to any digital membership community members at any time, in any format, via any medium without our prior explicit written permission. You agree that you will not promote, market, publicise or sell your own products or services, or the products or services of any affiliated or unaffiliated third party. You agree that you will not include or invite any of our community members or participants to any virtual or in-person groups, platforms or events without their express consent. You acknowledge and agree that violation of this clause may result in the immediate termination of these terms.
Dealing with your confidential information. Personal information or business information that you supply to us, other than information that is in the public domain, will be treated confidentially and in line with our Privacy Policy. Confidential information will not be disclosed to any third party, including for the purposes of marketing, without your prior permission. We will only disclose your information if it is necessary for the performance of our services or where so required by law.
You acknowledge and agree that any information you share with our other customers who have also purchased the Products and Services is shared solely at your own discretion and solely at your own risk. We strongly recommend you do not share any information which is personal, confidential or commercially sensitive. We are not responsible for any disclosures of information, nor any repercussions of such disclosures, which you have shared with our other customers who have also purchased the Products and Services.
Your responsibility regarding other people’s confidential information. You acknowledge and agree that our other customers who have also purchased the Products and Services may share personal and sensitive information, and you may have access to this personal and sensitive information in your time. Without reservation, you agree to keep all matters shared in written, verbal, audio or visual format confidential and you agree to take all reasonable actions to ensure that the confidentiality of such information is protected and maintained.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE
Whilst we have utilised in creating the Products and Services, and we will at all times in our dealings with you utilise, our best professional endeavours and skills, we do not guarantee any specific outcome from your use of the Products and Services as any such outcome will vary based on the level of effort, engagement and implementation on your part. You agree that we are not and will not be liable or responsible for any of your actions, inactions, direct or indirect results in connection with the Products and Services.
Our Products and Services are not professional advice. Our Products and Services are provided for general information only. They are not intended to amount to professional advice on which you should rely. We strongly recommend you obtain professional or specialist advice before taking, or refraining from, any action on the basis of our Products and Services. We will not be responsible or liable for any of your actions or inactions, the results of any of your actions or inactions, or your failure to seek appropriate professional advice based on our Products and Services. You acknowledge and agree that your purchase of any of our Products and Services does not create a professional-client relationship between us, and you agree that we are not bound to provide any professional services to you by your purchase of any of our Products and Services.
Reviews and testimonials. We may include in the Products and Services reviews and testimonials from our current or past customers about products, services and programs we make, or have made, available. Although these reviews and testimonials are honest and truthful statements made regarding us or our Products and Services, these reviews and testimonials are not indications of the typical results achievable by every consumer of our Products and Services. Specifically, you acknowledge and agree that reviews and testimonials are not guarantees of the results that you may or will achieve by consuming or otherwise engaging with our Products and Services.
Disclaimer regarding earnings potential. We may include in the Products and Services revenue, sales and income figures achieved by us and by our current and past customers. Such figures are examples of exceptional results and are not indications of the typical results achievable by every consumer of our products. Specifically, we make no guarantee that you will obtain such results or that such results are available to you in your particular circumstances and situation, and you should not rely on our presentation of revenue, sales and income figures or other results as any kind of promise or warranty that you will achieve those revenue, sales and income figures or other results.
You acknowledge and agree that any results you may achieve are based on your personal circumstances and situation, experience, education, skills and abilities. We have no knowledge of, and no control over, any of these factors and cannot be held responsible for any decisions you make or outcomes you receive as a result of your engagement with the Products and Services.
You will not hold us responsible in certain circumstances. You agree to indemnify us and hold us harmless from and against all losses you suffer or incur arising out of or in connection with:
- any act or omission by you that is in breach of these terms;
- any act or omission by you that is in breach of local, national or international rules, laws or regulations;
- any breach of the warranties set out in these terms;
- any third-party claim relating to the provision, supply or use of the Products and Services to the extent that any such claim relates to any act, neglect or default on your part.
Our responsibility for loss or damage suffered by you if you are a consumer
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the products.
When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. If you are a consumer, we only supply the Products and Services to you for domestic and private use. As such, we are not responsible for any commercial losses, including but not limited to loss of profit, direct, indirect or consequential losses.
Our responsibility for loss or damage suffered by you if you are a business
Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Subject to the clauses above,
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the Products and Services under these terms.
HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which 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 if you have a query or complaint about the use of your personal information.
We will only use your personal information as set out in our Privacy Policy, a copy of which is available here: https://www.timehackers.xyz/privacy-policy
OTHER IMPORTANT TERMS
We may transfer these terms to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under these terms. These terms are between you and us. No other person shall have any rights to enforce any provision of these terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products and Services, we can still require you to make the payment at a later date.
Which laws apply to these terms and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Products and Services or these terms in the English courts.
