1. Background

The Site provides information related to our services, application and the restaurant industry.

2. Modification

We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes

3. Ability to Accept Terms

The Site is only intended for individuals aged eighteen (18) years or older. If you are under eighteen (18) years please do not visit or use the Site.

4. Site Access

For such time as these Terms are in effect, we hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site provided that you comply with these Terms and applicable law.

5. Restrictions

You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorisation; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorised herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.

6. Account

To use certain Services, you need an account (“Account”), which may be created by you or by your Company Administrator on your behalf. You must not create an Account for anyone else or use another person’s Account without permission. Whether you or your Company Administrator creates the Account, the information provided must be accurate and complete.

You are solely responsible for all activity under your Account and for keeping your login credentials secure. You must notify Hops immediately of any unauthorised use or suspected breach of your Account. As between you and Hops, you remain fully responsible and liable for everything that happens through your Account.

If you wish to delete your Account, please contact your Company Administrator. If they’re unable to assist, you can email support@hopshq.com.

7. Payments to Hops

Your general right to access and use the Site is free, but Hops charges a fee for access or usage of the services available on the Site. You will not be charged for any such access or use of the such services unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the services available on the Site.

8. Intellectual Property Rights

1. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials”), (ii) and User Submissions, as defined below (together with the Materials, the “Content”), and (iii) the trademarks, service marks and logos contained therein (“Marks”), are the property of Hops and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Hops”, the Hops logo, and other marks are Marks of Hops, or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
2. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.

9. User Submissions

1. ‍Responsibility
   The Site may permit the submission, hosting, sharing and publishing of Content by you and other users (“User Submissions”). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site (including User Submissions) at any time and for any reason.‍‍
2. ‍Ownership
   You represent and warrant that you own or have the necessary rights and permissions to use and authorise Hops to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.‍
3. License to User Submissions
   By submitting the User Submissions to Hops, you hereby grant Hops a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Hops’ business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.‍
4. Prohibited Content
   You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.‍
5. Exposure
   You understand and acknowledge that when accessing and using the Site: (i) you will be exposed to User Submissions from a variety of sources, and that Hops is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Hops with respect to (i) and (ii) herein.‍
6. Spam
   You agree not to, and will not, use the communications systems provided by the Site to send unauthourised commercial communications and you shall be solely responsible and liable for any such unauthourised communications.
   

10. Information Description

We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

11. Links

1. The Site may contain links, and may enable you to post content, to third party websites that are not owned or controlled by Hops. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release Hops from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.
2. Hops permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Hops or present any false information about Hops and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website (“Third Party Website”) which prohibits linking to third parties; (v) such Third party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.

12. Privacy

We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.

13. Warranty Disclaimers

1. This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
2. The Site is provided on an “as is” and “as available” basis, and without warranties of any kind, either express or implied. Hops hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and those arising by statute or from a course of dealing or usage of trade. Hops does not guarantee that the Site will be free of bugs, security breaches, or virus attacks. The Site may occasionally be unavailable for routine maintenance, upgrading, or other reasons. You agree that Hops will not be held responsible for any consequences to you or any third party that may result from technical problems of the internet, slow connections, traffic congestion, or overload of our or other servers. We do not warrant, endorse, or guarantee any content, product, or service that is featured or advertised on the Site by a third party.
3. Hops does not warrant, endorse, or guarantee any content that appears in a user submission, and does not make any representation or warranty with respect to—and disclaims all liability for—any such content.
4. You specifically acknowledge that Hops shall not be responsible for the user submissions or conduct (including defamatory, offensive, illegal, or negligent conduct) of any Site user and that the risk of harm or damage from the foregoing rests entirely with you.
5. Your reliance on, or use of, any user submission, or interaction with any Site user or owner, is at your sole risk. If you have a dispute with any Site user or owner in connection with the Site or any user submission, you agree that Hops is not liable for any claims or damages arising out of or connected with such a dispute. Hops reserves the right, but has no obligation, to monitor any such dispute.
6. Except as expressly stated in our Privacy Policy, Hops does not make any representations, warranties, or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the Site.

14. Warranty Disclaimers

1. To the fullest extent permissible by law, Hops shall not be liable for any direct, indirect, exemplary, special, consequential, or incidental damages of any kind, or for any loss of data, revenue, profits, or reputation, arising under these terms or out of your use of, or inability to use, the Site, even if Hops has been advised of the possibility of such damages or losses.
   Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
2. Cap on aggregate liability. In no event shall the aggregate liability of Hops for any damages arising under these terms or out of your use of, or inability to use, the Site exceed the total amount of fees, if any, paid by you to Hops for using the Site during the three (3) months prior to bringing the claim

15. Indemnity

You agree to defend, indemnify and hold harmless Hops and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; (ii) your User Submissions; (iii) your interaction with any Site user; or (iv) your violation of these Terms.

16. Term & Termination

These Terms are effective until terminated by Hops or you. Hops, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Hops shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 17 and Sections 8 (Intellectual Property Rights), 9.3 (License to User Submissions), 12 (Privacy), ‎14 (Warranty Disclaimers), ‎15 (Limitation of Liability), ‎16 (Indemnity), and 18 (Independent Contractors) to 20 (General) shall survive termination of these Terms.

17. Independent Contractors

You and Hops are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Hops. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Hops.

18. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Hops without restriction or notification to you. Any prohibited assignment shall be null and void.

19. Governing Law

Hops reserves the right to discontinue or modify any aspect of the Site at any time. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

20. General

These terms constitute the entire agreement between you and Hops concerning the Site. If any provision is deemed invalid by a court of competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

No waiver of any term shall be deemed a further or continuing waiver of that term or any other term, and a party’s failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

You agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred