1.1 These terms and conditions shall govern the sale and purchase of products through our website.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2.1 In these terms and conditions:
(a) "we" means Hitmarker LTD, and
(b) "you" means our customer or prospective customer
and "us", "our" and "your" should be construed accordingly.
3. Order process
3.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must create an account with us and log in; you must select the product/s you wish to purchase on the payment modal; you must confirm your consent to the terms of this document; our payment service provider will handle your payment; we will send you an order confirmation (at which point your order will become a binding contract).
3.4 You will have the opportunity to identify and correct input errors prior to making your order by reviewing your order in the checkout process before you confirm your purchase.
4.1 The following types of products are or may be available on our website from time to time: promoted job listings.
4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT where VAT is chargeable.
6.1 You must, during the checkout process, pay the prices of the products you order.
6.2 Payments may be made by any of the permitted methods specified on our website from time to time.
6.3 If you fail to pay to us any amount due under these terms in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 28 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP £25.00 including VAT, and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees)
and for the avoidance of doubt, if you fail to recognize or fail to remember the source of an entry on your card statement or another financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
7. Warranties and representations
7.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power, and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading
7.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website, and
(e) the products you buy will be of satisfactory quality.
7.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to 8.1, all other warranties and representations are expressly excluded.
8. Limitations and exclusions of liability
8.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law, or
(d) exclude any liabilities that may not be excluded under applicable law
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
8.2 The limitations and exclusions of liability set out in this Section 8 and elsewhere in these terms and conditions:
(a) are subject to 8.1, and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
8.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
8.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
8.5 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 8.5 shall not apply.
8.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 8.6 shall not apply.
8.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
9. Order cancellation
9.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract, or
(b) you commit any breach of that contract.
9.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any breach of that contract.
9.3 You may cancel a contract at any time and you accept that you will not receive a refund of prepaid fees for such cancellation.
9.4 In the event that we suspend, limit, condition, or terminate your access to your account due to your breach of this agreement, you understand and accept that you will not receive a refund for any unused time with respect to fees that you have prepaid for a subscription, product or service, and to the extent that you have not paid the applicable fees, you will remain liable to pay us the entire fees due for the subscription, product or service, as applicable.
9.5 If you are a business customer, we may cancel a contract under these terms and conditions by written notice to you if:
(a) you cease to trade;
(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums, or
(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.
9.6 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
10. Consequences of order cancellation
10.1 If a contract under these terms and conditions is canceled in accordance with Section 9:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation, and
(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 7, 8, 13, 14, 15, 16, 17 and 18 will survive termination and continue in effect indefinitely.
11.1 These terms and conditions shall not constitute or effect any assignment or license of any intellectual property rights.
11.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
11.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
12.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
12.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
13.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
13.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
14. No waivers
14.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
14.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16. Third party rights
16.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
16.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
17. Entire agreement
17.1 Subject to Section 8.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
18. Law and jurisdiction
18.1 These terms and conditions shall be governed by and construed in accordance with English law.
18.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
19. Statutory and regulatory disclosures
19.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
19.2 These terms and conditions are available in the English language only.
19.3 The website of the European Union's online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main.
20. Our details
20.1 This website is owned and operated by Hitmarker LTD.
20.2 We are registered in England and Wales under registration number 11196693 and our registered office is at i6 Charlotte Square, Newcastle upon Tyne, NE1 4XF, United Kingdom.
20.3 Our principal place of business is at i6 Charlotte Square, Newcastle upon Tyne, England, NE1 4XF.
20.4 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form, and/or
(d) by email, to [email protected].