Website Terms Of Use
These Terms of Use ("Terms") govern your access to and use of the HOPS website located at www.hopshq.com (the "Site") and any related services, applications, or platforms provided by HOPS ("we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access or use the Site.
1. Background
HOPS provides a hospitality operations platform designed to streamline inventory management, financial reporting, and connectivity for businesses in the food and beverage industry. These Terms constitute a legally binding agreement between you and HOPS regarding your use of the Site and any services offered through it.
By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. We reserve the right to update these Terms at any time, and your continued use of the Site following any changes constitutes your acceptance of the revised Terms.
2. Modification
HOPS reserves the right to modify, amend, or update these Terms at any time in its sole discretion. Any changes will be effective immediately upon posting of the revised Terms on the Site. We will make reasonable efforts to notify users of material changes, such as by posting a notice on the Site or sending an email to registered users.
Your continued use of the Site after any modifications to these Terms constitutes your binding acceptance of such modifications. If you do not agree to the modified Terms, you must discontinue your use of the Site immediately. It is your responsibility to review these Terms periodically for any updates or changes.
3. Ability to Accept Terms
By using the Site, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into a binding agreement. If you are accessing or using the Site on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.
If you do not meet these requirements, you are not permitted to access or use the Site. HOPS may, in its sole discretion, refuse to offer the Site to any person or entity and may change its eligibility criteria at any time.
4. Site Access
Subject to your compliance with these Terms, HOPS grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site solely for your personal or internal business purposes. This licence does not include the right to collect or use any product listings, descriptions, or prices for commercial purposes, or to download or copy account information for the benefit of another party.
HOPS reserves the right to modify, suspend, or discontinue the Site (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Site. Access to certain areas of the Site may require registration or subscription.
5. Restrictions
You agree not to use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site. Without limiting the foregoing, you agree not to:
- Copy, reproduce, distribute, modify, or create derivative works of any content on the Site without prior written consent from HOPS.
- Use any automated means, including robots, spiders, scrapers, or similar technologies, to access or collect data from the Site.
- Attempt to gain unauthorised access to any portion of the Site, other accounts, computer systems, or networks connected to the Site.
- Transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature through the Site.
- Use the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site.
6. Account
To access certain features of the Site, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete. You are solely responsible for safeguarding your account credentials and for all activity that occurs under your account.
You agree to notify HOPS immediately of any unauthorised use of your account or any other breach of security. HOPS will not be liable for any loss or damage arising from your failure to comply with this section. We reserve the right to suspend or terminate your account at any time if we suspect unauthorised or fraudulent activity.
7. Payments to Hops
If you purchase any products or services through the Site, you agree to pay all applicable fees and charges at the prices then in effect for your purchases. You are responsible for providing a valid payment method and ensuring that all billing information is accurate and up to date. All payments are non-refundable unless otherwise expressly stated in a separate agreement between you and HOPS.
HOPS reserves the right to change its prices at any time. If we change pricing for a subscription service, we will provide you with reasonable advance notice of such changes. Your continued use of the service after the price change becomes effective constitutes your agreement to pay the modified price. All fees are exclusive of applicable taxes, which you are responsible for paying.
8. Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by HOPS, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The HOPS name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of HOPS or its affiliates or licensors. You must not use such marks without the prior written permission of HOPS. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
9. User Submissions
The Site may allow you to submit, upload, publish, or otherwise make available content, including but not limited to text, photographs, data, and feedback ("User Submissions"). You retain ownership of your User Submissions, but by making any User Submission, you grant HOPS a worldwide, non-exclusive, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the Site and our business operations.
9.1 Representations and Warranties. You represent and warrant that you own or have the necessary rights to submit your User Submissions and that your User Submissions do not violate any applicable law or infringe upon the rights of any third party, including intellectual property rights and privacy rights.
9.2 Responsibility. You are solely responsible for your User Submissions and the consequences of posting or publishing them. HOPS does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.
9.3 Removal. HOPS reserves the right to remove any User Submissions at any time, for any reason, without notice. We are under no obligation to review, monitor, or edit User Submissions, but we may do so at our discretion.
10. Information Description
HOPS attempts to be as accurate as possible in describing its products and services on the Site. However, we do not warrant that product descriptions, pricing, or other content on the Site is accurate, complete, reliable, current, or error-free. If a product or service offered by HOPS is not as described, your sole remedy is to cease using it.
All information provided on the Site is for general informational purposes only and does not constitute professional advice. You should not rely on the information on the Site as a substitute for professional consultation. HOPS disclaims all liability for any actions taken or not taken based on the information provided on the Site.
11. Links
The Site may contain links to third-party websites, applications, or services that are not owned or controlled by HOPS. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that HOPS 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 the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. The inclusion of any link on the Site does not imply endorsement, approval, or recommendation by HOPS.
12. Privacy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information. By using the Site, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.
HOPS is committed to protecting your privacy and handling your personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable. For more information, please refer to our Privacy Policy.
13. Warranty Disclaimers
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, HOPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
HOPS does not warrant that the Site will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Site or the servers that make it available are free of viruses or other harmful components. HOPS does not make any warranties or representations regarding the use of the content on the Site in terms of its correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOPS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HOPS AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS EXCEED THE GREATER OF ONE HUNDRED POUNDS STERLING (£100) OR THE AMOUNT YOU PAID TO HOPS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
15. Indemnity
You agree to indemnify, defend, and hold harmless HOPS, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, judgements, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms, your use of the Site, your User Submissions, or your violation of any rights of a third party.
HOPS reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In such event, you agree to cooperate with HOPS in asserting any available defences.
16. Term & Termination
These Terms shall remain in full force and effect while you use the Site. HOPS may, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, including without limitation, breach of these Terms. Upon termination, your right to use the Site will immediately cease.
All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity provisions, and limitations of liability. You may terminate your use of the Site at any time by ceasing to access it.
17. Independent Contractors
Nothing in these Terms shall be construed to create a joint venture, partnership, franchise, or agency relationship between you and HOPS. Neither party has the authority to bind the other or to incur any obligation on the other's behalf. You and HOPS are independent contractors, and nothing in these Terms is intended to or shall be construed to give either party the power to direct and control the day-to-day activities of the other.
18. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of HOPS. Any attempt by you to assign or transfer these Terms without such consent will be null and void. HOPS may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
19. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the courts located in Ireland, and you consent to the personal jurisdiction of such courts.
Any claim or cause of action arising out of or related to your use of the Site must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred. The failure of HOPS to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
20. General
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and HOPS regarding the Site. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
The failure of HOPS to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. If you have any questions about these Terms, please contact us at info@hopshq.com.