Terms Of Use

www.mypthub.net is a website operated by Fitii Ltd (‘we’, ‘our’, ‘us’), a limited company registered in England and Wales with company number 09374110 and having its registered office at Greenacre Court, Station Road, Burgess Hill, West Sussex, RH15 9DS, UK; this is also our main trading address. Our VAT number is 203 3905 44. Our main email address is [email protected] to which general enquiries should be made.

These Terms of Use (together with the documents referred to in it) (‘Terms‘) inform you, the visitor and user, about the terms of on which you may make use of our websitewww.mypthub.net (‘site’), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these Terms carefully before you start to use our site, as these will apply to your use of our site and are intended to be legally binding on you. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these Terms and that you agree to comply with them.

If you do not agree to these Terms, you must not use our site and should leave it immediately.

Other applicable terms

These Terms refer to the following Policies which include additional terms to which, by entering and using our site, you are agreeing to be bound by:

• Our Data Protection Policy at www.mypthub.net/legal/privacy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing of your personal data and you warrant that all data provided by you is accurate.
• Our Acceptable Use Policy at www.mypthub.net/legal/acceptable-use-policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
• Our Cookie Policy at www.mypthub.net/legal/cookie-policy, which sets out information about the use of cookies when our site is being used by you.

If you purchase services from our site, our service sales terms and conditions contained within our ‘Subscription Agreement’ which is at www.mypthub.net/legal/subscription-services-agreement will apply to the sales. That Subscription Agreement is a binding legal contract and must be fully performed and observed by both you and us. You will be required, as you navigate the site to purchase services, to positively read and agree that Subscription Agreement which is binding upon you.

Changes to these Terms

We reserve the right to change and revise these Terms at any time by amending this page without any express notice to you. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our site

We may update our site from time to time, and may change the content at any time without any express notice to you. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee or warrant that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is available free of charge.

We do not guarantee or warrant that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice to you and for any reason whatsoever. By using the site, you are agreeing that we will not have any liability to you in contract, or for any tort if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection and/or hardware are aware of these Terms and other applicable terms and conditions, agree them and that they comply with them.

Our site is directed to people residing in the United Kingdom and complies with English law. We do not represent or warrant that content available on or through our site is appropriate or available in any other locations. We may limit the availability of our site or any part of it, or any service or product described on our site to any person or geographic area at any time as we in our absolute discretion think fit. If you choose to access our site from outside the United Kingdom, you do so at your own risk.

Your account and password

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.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]. You will, be liable for all acts and omissions undertaken on your registered account, whoever does or does not do such things.

Personal data and data protection laws

We take our responsibilities opposite data protection very seriously. We comply with the data protection laws in the United Kingdom and the European Economic Area and in particular the provisions of the General Data Protection Regulations. We abide by our Data Protection Policy at www.mypthub.net (‘DPP’). We have a GDPR Complaints Policy for any issues or complaints or possible GDPR breaches that may occur and this is also at www.mypthub.net. In particular please note the following:

• Our Subscription Agreement at www.mypthub.net contains the relevant and suitable GDPR and data protection provisions required, including customers contracting themselves to abide by GDPR and to have certain express clauses in their own contracts for services with individuals who may use the site.
• We control data in accordance with GDPR and have established the lawful basis of our processing it, as is set out in the DPP.
• We review our technological capability to comply with GDPR to hold all information as securely as we can on an ongoing basis.
• All information is stored on encrypted servers controlled by us and we take all reasonable precautions to safeguard personal data and to ensure that no GDPR breaches take place by us or by our third party sub-processors.
• We hold personal data only for the purposes we describe and for as long as we need to (as is set out in the DPP).
• If we are to be given or collect any special categories of data, the reason for that and our instructions we need from you will be set out at the outset.
• We have an appointed Data Protection Officer.
• We fully recognise the rights of data subjects such as the right of knowing what we hold, the rights to be forgotten, erased, the right to rectification(subject to legal justifications).
• We have a GDPR Complaints Policy and procedure should any complaints be received, and will contact and co-operate with the Information Commissioner’s Office (or other statutory recognised supervisory body) as required.
• We do on occasions use sub-processors who may be outside the EEA and in such cases we ensure that suitable contractual and other safeguards are in place to avoid GDPR breach.

Accordingly, any personal data that we receive from you when you use our site will be held and treated in accordance with the data protection laws and as we set out in our DPP.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, its content and in the material published on it. Those works are protected by copyright and we hereby affirm our moral rights within the contents and material. All the intellectual property and our right through all laws around the world in the contents and material of our site are vested in us and we give no consent other than by agreed usage pursuant to a Subscription Agreement, these Terms or the Acceptable Use Policy. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use only and you may draw the attention of others within your organisation to content posted on our site. You agree you will not use that material in any commercial manner or purpose without obtaining a licence to do so from us or our licensors.

You agree that you shall not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged in your use of any material or content form the site, and you agree to do this in every instance.

If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made from it.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely and is provided only on the basis that you know and fully accept this, so do not rely on it. As we have no control over it, we have no liability to you for any use by you of the materials or content on the site. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the materials content on our site is accurate, complete or up-to-date or do any particular thing.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any material or content on it, whether express or implied, and by using the site you are expressly agreeing to this.

We are not liable to any user, whether personal or commercial, for any loss, claims, expenses or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, howsoever, wheresoever or whatsoever arising under or in connection with:

Your use of, or inability to use, our site; or

Your use of or reliance on any material content displayed on our site or developed by you from it.

If you are a business user rather than a consumer, you agree that, as you control what you do with the site materials and content, it is fair and reasonable that, by and when using this site, you are agreeing that we will not be liable to you for:

• Any loss of profits, sales, business, or revenue;
• Any loss of data;
• Any Business interruption you incur;
• Any loss of anticipated savings by you;
• Any loss of business opportunity, goodwill or reputation by you; or
• Any other indirect or consequential loss or damage, howsoever or wheresoever arising.

If you are a consumer user, you hereby acknowledge that we provide our site for domestic and private use only. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity goodwill or reputation by you if you do.

Our maximum liability arising out of or relating to the content of our site, the services we offer or these Terms will be limited to the amount of fees you have paid to us in the one month prior to the event(s) giving rise to such liability, regardless if you are a commercial or consumer user. The limitations set forth in this section apply regardless of the legal theory on which a claim is brought, even if we have been notified of the possibility of damage or if such damage could have been reasonably foreseen and notwithstanding any failure of essential purpose of any exclusive remedy provided in these Terms.

You are agreeing that we will not be liable for any loss, claim expense or damage to you caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any materials or content on it, or on any website linked to it.

You use any links on our site to third party websites entirely at your own risk. If you do not want to take such risk, do not use any links. We do not check them or what they do and so we assume no responsibility whatsoever and you agree that it would be unfair and unreasonable for us to do so for the content, links, materials and any actions undertaken of and by websites linked on our site. Such links should not be interpreted as endorsement by us of any of those linked websites. You agree that we will not be liable to you for any loss, expense, claim or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our www.mypthub.net/legal/subscription-services-agreement Subscription Agreement which sets out our terms and conditions of the supply of our services. This is set out at www.mypthub.net/legal/subscription-services-agreement.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy at www.mypthub.net/legal/acceptable-use-policy .

You warrant to us that any such contribution by you will comply with those standards, and you expressly agree that, as that is entirely your activity and we have no control over what you do, will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be directly responsible for all and any loss, expense, claim or damage we suffer as a result of your breach of warranty.

Do not upload any confidential information to our site or any information which is the intellectual property of a third party. Any content you upload to our site will be considered non-confidential and non-proprietary and we and other users will be free to use the same in any manner whatsoever. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a free, worldwide licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).

Subject to the Data Protection laws effective in the United Kingdom and our Data Protection Policy (at www.mypthub.net), we also have the right if we consider it is justified to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy or protection of their personal data.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy www.mypthub.net/legal/acceptable-use-policy.

The views expressed by other users on our site do not represent our views or values.

You are solely responsible for securing and backing up your content.

Viruses

Whilst we take reasonable precautions we do not guarantee or warrant that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You will always use your own virus protection software.

You agree you will not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. To do so would be deemed a material breach and we are entitled in such circumstances to claim against you on an indemnity basis, in equity and at law, all losses, costs, claims, expenses and damages we incur or sustain (including reasonable remedial and professional costs) that howsoever arise from you doing that)

You agree you will not:

• attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site; or
• not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching these provisions, you would be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate fully with those authorities. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy at www.mypthub.net/legal/acceptable-use-policy.

If you wish to make any use of content on our site other than that set out above, please contact [email protected].

Applicable law

Please note that these Terms their subject matter and its formation and any disputes or circumstances involving these Terms are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

Contact us

To contact us, please email [email protected].

Thank you for visiting our site.