Terms and conditions

HSS Hire Service Group Limited

My HSS

Access Agreement

 

This Access Agreement governs Your (see the definition of “You” below) use of the HSS customer extranet (“My HSS”) operated by HSS Hire Service Group Limited (“HSS”). Please read it carefully.

 

Please note that My HSS is only intended for use by HSS customers located in the UK or Ireland. HSS can only accept orders on My HSS from customers in those countries.

 

Access to My HSS is conditional on You accepting the terms of this Access Agreement. Your continued access to and use of My HSS constitutes Your acceptance of the terms of this Access Agreement together with any subsequent versions.

 

This Access Agreement is not intended to set out the terms and conditions for the supply of any products and/or services which You may order on My HSS. Any such supply will be governed by the HSS Hire Service Group Conditions of Hire and Sale.

 

1.         Definitions

 

1.1       Content” includes but is not limited to data, text, logos, databases, designs, artwork, software, documents, photographs, pricing information, product descriptions, functional or technical specifications or requirements for any products and/or services, online reports, and any other materials which HSS makes available on My HSS from time to time;

 

1.2       Intellectual Property Rights” means all copyrights and other intellectual property rights, howsoever arising and in whatever media, whether or not registered, including (without limitation) patents, trade marks, service marks, trade names, design rights, database rights and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world;

 

1.3       Users” means Your employees and any other individuals who use My HSS on Your behalf;

 

1.4       You” means a customer of HSS located in the UK or Ireland which HSS has invited to register to access My HSS.

 

2.         Registration/Password

 

2.1       Once You have activated a My HSS account HSS allows Your Users to self register to obtain access to My HSS. If You experience any difficulties in registering please contact the My HSS helpdesk (please refer to contact details set out in clause 4 below).

 

2.2       You are responsible for maintaining the confidentiality of Your My HSS password(s) and account details, and will be fully responsible for all activities that occur under Your password(s) and account.

 

2.3       You agree not to allow anyone to access My HSS except Users authorised by You.

 

2.4       You will immediately notify HSS of any unauthorised use of a username/password or account issued to You or Your Users and ensure that You exit from Your account at the end of each session on My HSS.

 

2.5       HSS has the absolute discretion to cancel any of Your password(s) and Your My HSS account at any time if HSS suspects it is being used by an unauthorised person.

 

3.         Conditions of Access

 

3.1       HSS grants You a non-exclusive, non-transferable, revocable licence to use My HSS, the facilities it provides, and the Content for Your own internal business use. For this purpose, You may view the Content on Your computer screen and make print outs of the Content, subject to the conditions set by HSS from time to time.

 

3.2       You must not:

 

3.2.1      use My HSS in any way that is illegal;

 

3.2.2      do anything that harms the servers that host My HSS or any data held on them;

 

3.2.3      use My HSS to misuse or cause harm to any computer system;

3.2.4      use My HSS or any Content in any way that infringes the Intellectual Property Rights of HSS, its licensors or any third party.

 

3.3       You will have in place appropriate security measures (including but not limited to firewalls and anti- virus systems) to (a) prevent unlawful or unauthorised access to My HSS and (b) prevent loss or damage occurring to any computer systems or data as a result of use of My HSS.

 

3.4       You will notify HSS as soon as possible if You become aware of any misuse or breach, or suspected breach, of security in relation to My HSS.

 

3.5       You will ensure that all Users read, accept and comply with this Access Agreement and You are responsible for the conduct of the Users and their complying with the applicable provisions of this Access Agreement.

 

3.6     You are responsible for advising HSS where Users are no longer authorised to access My HSS on your behalf, for example any individuals who no longer work for You.

 

3.7       You will comply with all relevant laws and regulations relating to the use of My HSS.

 

3.8       It is Your responsibility to make and store copies of any Content You wish to retain for future reference.

 

3.9       It is Your responsibility to ensure that You have the necessary compatible hardware and software and any other necessary facilities to access and use My HSS.

 

4.         Helpdesk

 

4.1       HSS will provide a helpdesk for notifying queries and issues relating to My HSS. The helpdesk will operate during normal working hours

 

4.2       The contact details for the helpdesk are set out below. HSS may update these contact details from time to time. Please check the up-to-date contact details set out on My HSS:

 

 

 email:onlinesupport@hss.com

 

UK telephone: 0345 600 0349

5.

Training

5.1

On request by You, HSS will provide basic training to You and Your designated Users without

 

charge. The extent and scope of this training will be as determined by HSS.

5.2

Any additional training You request will be provided at HSS’ standard charging rates and is

 

subject to payment of HSS’ reasonable expenses.

6.

Ownership

 

6.1       My HSS and all the features and Content available on it are protected by Intellectual Property Rights, and either belong to HSS or are licensed to HSS. This includes, but is not limited to, the design, layout, look, appearance, graphics and documents on My HSS as well as other materials such as articles, sounds, video clips and other text. You may only use them as expressly permitted by this Access Agreement.

 

6.2       You may not copy, redistribute, republish or otherwise make available the Content to any third parties without our written permission.

 

6.3       You may print or download Content provided that:

 

6.3.1 no materials are modified in any way;

 

6.3.2 no graphics are used separately from accompanying text;

 

6.3.3 HSS’ copyright and trade mark notices appear in all copies and You acknowledge My HSS as the source of the material;

 

6.3.4 You obtain any necessary permission(s) before printing or downloading any materials made available on this website by a third party (for example, advertisers).

 

6.4       For the avoidance of doubt HSS shall be responsible for procuring and maintaining such software licences as are necessary to enable You to access and use My HSS in respect of any and all software that HSS uses or makes available for such purpose.

 

7.         Confidentiality and Privacy

 

7.1       HSS and You agree to keep confidential all Content and any other information acquired about the other in relation to My HSS and shall only use such Content and information as permitted by this Access Agreement.

 

7.2       The obligation in Clause 7.1 will not apply to any Content or information which:

 

7.2.1       becomes publicly available through no act or omission by HSS or You; or

 

7.2.2       which HSS or You is required to disclose by order of a court of competent jurisdiction.

 

7.3       Notwithstanding clause 7.1, HSS may disclose any Content, personal details and/or other information relating to You to any third party if such disclosure is necessary:

 

7.3.1       for the purpose of maintaining My HSS;

 

7.3.2       by law; or

 

7.3.3       to respond to claims that My HSS infringes or restricts the right of any third party.

 

7.4       You acknowledge and agree that HSS will act as Your data processor (as defined in the Data Protection Act 1998) in relation to any and all personal data relating to You and Your Users which HSS processes in the course of providing access to My HSS. HSS will only use such personal data in connection with Your access and use of My HSS and as set out in this

 

Access Agreement. HSS will take appropriate technical and organisational security measures against unauthorised or unlawful processing of such personal data and against accidental loss or destruction of, or damage to, such personal data.

 

8.         Warranties and disclaimers

 

8.1       HSS provides My HSS on an “as is” basis. It is Your responsibility to satisfy Yourself that My HSS is suitable for Your use.

 

8.2     While HSS tries to ensure that My HSS is functioning correctly this may not always be achievable. HSS will try to minimise any periods that My HSS is unavailable, for example due to pre-planned or emergency maintenance or a suspected breach of security.

 

8.3       Due to the nature of the internet HSS cannot guarantee that:

 

8.3.1       access to My HSS will be always available, uninterrupted, secure or error free;

 

8.3.2       that any errors in My HSS or Content will be corrected;

 

8.3.3       that links to third party websites will be up-to-date and appropriate.

 

8.4       HSS will use reasonable endeavours to ensure that Content is accurate and, so far as reasonably practicable, up to date. However, HSS does not warrant or represent that such Content is accurate, comprehensive, up-to-date or complete.

 

8.5       HSS reserves the right at any time, without notice, to change, remove or suspend any Content on My HSS.

 

8.6       HSS takes steps to ensure the security of My HSS and any Content relating to You, however HSS cannot be held responsible for the security of information You submit during its transmission across the internet because this is outside of our control.

 

9.         Liability of HSS

 

9.1       Except as provided in clause 9.2, HSS will be under no liability to You or Your Users whatsoever (whether in contract, tort (including negligence and breach of confidence), breach of statutory duty, restitution or otherwise) and howsoever arising out of or in connection with Your use of My HSS.

 

9.2       HSS does not exclude or limit its liability (if any) to You for personal injury or death resulting from HSS' negligence, for fraud or for any matter for which it would be illegal for HSS to exclude or limit or to attempt to exclude or limit its liability.

 

9.3       Except as provided in clause 9.2 and without prejudice to clause 9.1, HSS’ liability to you shall not in any circumstances include any of the following types of losses (whether those losses arise directly in the normal course of business or otherwise):

 

9.3.1       pure economic loss, loss of profits, loss of business, loss of revenue, loss of contract, loss or depletion of goodwill and/or business opportunity, loss of anticipated earnings or savings or like loss;

 

9.3.2       wasted management, operational or other time;

 

9.3.3       loss or damage arising out of any failure by You to keep full and up to date copies of any information;

 

9.3.4       any special, indirect or consequential losses; or

 

9.3.5       any losses whatsoever resulting from circumstances beyond the reasonable control of HSS.

 

9.4       Except as expressly set out in this Access Agreement, HSS hereby excludes to the fullest extent permissible in law, all conditions, warranties and stipulations, express or implied, statutory, customary or otherwise which, but for such exclusion would or might subsist in Your favour.

 

10.       Termination

 

10.1    You may end your My HSS account and terminate this Access Agreement by giving at least 30 days written notice to HSS.

 

10.2    HSS may suspend Your access to My HSS at any time and/or terminate this Access Agreement immediately if:

 

10.2.1    You or any of Your Users breach this Access Agreement;

 

10.2.2    You cease to hold a customer account with HSS;

 

10.2.3    You go into liquidation, either compulsory or voluntary, or if a receiver, administrative receiver or administrator is appointed in respect of the whole or any part of Your assets, or any similar event; or

 

10.2.4    there is a change of control (as defined by section 416 of the Income and Corporation Taxes Act 1988) in Your business.

 

10.3    HSS has the right to cancel any My HSS accounts which are inactive for an extended period of time.

 

10.4    HSS reserves the right to terminate this Access Agreement or suspend your right to access My HSS without notice . Accounts that have been inactive for a period of 6 months’ will be terminated automatically .

 

10.5    In the event that this Access Agreement terminates, for whatever reason, the rights granted to You shall immediately cease and You agree to and shall immediately cease using My HSS.

 

10.6    Clauses 6, 7 and 9 shall survive the termination of this Access Agreement.

 

11.

Linking

11.1

HSS may link from My HSS to other websites which are not within HSS’ control.  HSS is not

 

responsible for these websites in any way and does not endorse them.  It is Your responsibility

 

to check the terms and conditions and privacy policy on any other website which You visit.

11.2

You must not link to My HSS from another website without the consent of HSS in writing.

12.

General

 

12.1    HSS may modify My HSS at any time, for instance to comply with changes in the law or to add new features but HSS will try as far as reasonably possible to ensure that any modifications do not reduce the overall quality of My HSS. HSS may revise this Access Agreement at any time in its sole discretion by updating this document and making it available for you to view on My HSS.

 

12.2   HSS reserves the right to withdraw, suspend or discontinue any functionality or feature on My HSS at any time.

 

12.3    Any notices HSS sends to you will be sent to the most recent e-mail address or postal address provided to HSS by You.

 

12.4    Your rights under this Access Agreement are not transferable unless HSS gives You prior written permission.

 

12.5    Neither HSS nor You intend that this Access Agreement will be enforceable by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.

 

12.6    This Access Agreement contains the entire agreement between the parties relating to the subject matter covered and supersedes any previous agreements, arrangements, representations, statements (other than fraudulent representations and fraudulent statements) written, customary or oral, between the parties in relation to such matters and You acknowledge that You have not entered into this Access Agreement wholly or partly in reliance on any warranty, statement, promise or representation made by or on behalf of HSS.

 

12.7    In the event that any provision of this Access Agreement is declared by any judicial or other

 

competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either of the parties from any relevant competent authority, HSS shall be entitled to amend that provision in such reasonable manner as achieves the intention of the parties without illegality and the remaining provisions shall remain in full force and effect.

 

12.8    This Access Agreement shall be governed by and construed in accordance with the laws of England including formation and interpretation and shall be subject to the exclusive jurisdiction of the English Courts. 

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