1. These terms
     

    1. What these terms cover. These are the terms and conditions on which we supply our services to you.
       

    2. Why you should read them. Please read these terms carefully before you use our services. These terms tell you who we are, how we will provide 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. We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. If we change these terms we will notify you when you next use the services. Your continued use of the services will indicate you have accepted any changes we have made to these terms.
       

    3. 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; and

      • you are using our services wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
         

    4. 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 use of our services. 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 or negligent misstatement based on any statement in this agreement.

       

  2. Information about us and how to contact us
     

    1. Who we are. We are Handheld Community Ltd (trading as Handheld Community and Swipe), a company incorporated in England with registered number 12589183 and having our registered office address at 228 Bournemouth Road, Chandlers Ford, Hampshire, SO53 3AF.
       

    2. How to contact us. You can contact us at by emailing hello@handheldcommunity.com
       

    3. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

       

  3. Our contract with you
     

    1. How you accept these terms. By accepting these terms prior to your use of our services you acknowledge you have read and accepted these terms and also our privacy policy. When you accept these terms a contract will come into existence between you and us.

       

  4. Providing the services
     

    1. When we will provide the services. We will begin the services from the time you accept these terms.
       

    2. We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will take steps to minimise the effect of the delay.
       

    3. Reasons we may suspend the supply of services to you. We may have to suspend the supply of a service to:

      • deal with technical problems or make minor technical changes; or

      • update the services to reflect changes in relevant laws and regulatory requirements

         

  5. Acceptable use
     

    1. You must not:

      • use the services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into any operating system; or

      • infringe our intellectual property rights or those of any third party in relation to your use of the services; or

      • use the service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or

      • transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the services.

         

  6. Intellectual property rights

    1. All intellectual property rights in the services throughout the world belong to us (or our licensors). You have no intellectual property rights in, or to, the services other than the right to use them in accordance with these terms.

       

  7. Our rights to end the contract
     

    1. We may end the contract if you break it. We may end the contract for a service at any time by writing to you if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services or you breach any of the undertakings set out under these terms.

       

  8. If there is a problem with the services
     

    1. How to tell us about problems. 
      If you have any questions or complaints about the services, For Swipe WiFi please contact the organisation via which you have accessed our services.

       

  9. Our responsibility for loss or damage suffered by you if you are a business
     

    1. 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; or

      • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
         

    2. All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
       

    3. Subject to clause 9.1:

      • we shall not be liable to you, whether in contract, 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, negligence, breach of statutory duty, or otherwise, shall be limited to £100.
         

    4. We are not liable for business losses. If you use the services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

       

  10. Our responsibility for loss or damage suffered by you if you are a consumer
     

    1. 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; or

      • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
         

    2. 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 these terms 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 you accepted these terms, both we and you knew it might happen.
       

    3. We are not liable for business losses. If you use the services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

       

  11. How we may use your personal information
     

    1. How we will use your personal information. We will use the personal information you provide to us to supply the services to you. Please see our privacy policy for more information on how we may use the personal information you provide to us.
       

    2. By using the services, you agree to us collecting and using technical information about the devices you use in relation to the services and related software, hardware and peripherals to improve our products and to provide any services to you.

       

  12. Other important terms
     

    1. Check that the services are suitable for you. The services have not been developed to meet your individual requirements and are provided "as is". Please check that the facilities and functions of the services meet your requirements.
       

    2. Nobody else has any rights under this contract. Subject to clause 12.3 below, this contract is between you and us. No other person shall have any rights to enforce any of its 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.
       

    3. We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will ensure that the transfer will not affect your rights under the contract.
       

    4. If a court finds part of this contract 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.
       

    5. Even if we delay in enforcing this contract, 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 this contract, 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.
       

    6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland or Wales you can bring legal proceedings in respect of the services in either the Scottish or the English or the Welsh courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
       

    7. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.

Terms & Condtions