Terms of Service

Our ‘Terms of Service’ (“Terms”) along with our ‘Privacy Policy’ govern your access to and use of the Harkster website and services - this includes web, desktop and mobile applications (collectively, “Harkster”). Please read these Terms carefully as they affect your rights and liabilities under the law.

Any reference to “we”, “our” or “us” in this document refers to Harkster Limited. When we say “Harkster” or “Service(s)”, we mean any product created and maintained by Harkster Limited.

By using Harkster, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, please do not use Harkster.

If you use our services or agree to these Terms on behalf of an organisation, then by doing so you bind both yourself and the organisation to these Terms, and in these circumstances references to "you" are to both the individual user and the relevant organisation.

Amendments

We may update these Terms from time to time for legal or regulatory reasons or to allow the proper operation of our Services, changes may be made by posting updated terms to the site. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

The changes will apply to any use of Harkster after we have made the relevant change. If you do not wish to accept the new terms you should not continue to use the Service. If you continue to use Harkster after the date on which the change comes into effect, your use of the Service indicates your agreement to be bound by the new terms.

Account terms

1. If you register for an account with Harkster, you will be required to choose a user ID (email address) and password. You are responsible for maintaining the security of your login credentials.

2. You are responsible for all activity and content on your account including activity by others who have shared access to your login credentials.

3. You are responsible for any activity on our website arising out of any failure to keep your login credentials confidential. You should notify us immediately if you become aware of any disclosure of your credentials or unauthorized use of your account.

4. Accounts registered by “bots” or other automated means are not permitted.

New feed requests

At our sole discretion, we reserve the right to reject new feed requests from a user on the basis of one or more of the following:

• excessive quantity of requests from an individual user;
• excessive complexity in the building of a feed to meet the requirements of a request;
• content is not relevant to financial markets;
• content is not publicly available or not intended to be publicly available;
• the feed would not respect the ownership of the content;
• content is not of sufficient quality relative to existing content on the platform;
• content not relevant to a broad enough audience to justify build costs;
• content would be in breach of any rule set out for user content in these terms under section 'Rules about your content'.

Use of Harkster services

1. You may only use Harkster services as permitted by these Terms of Service. You must not:

• use our Service in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
• use our Service in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
• hack or otherwise tamper with our Service;
• probe, scan or test the vulnerability of our Service without our permission;
• circumvent any authentication or security systems or processes on or relating to our Service;
• use our Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
• impose an unreasonably large load on our Service resources (including bandwidth, storage capacity and processing capacity);
• decrypt or decipher any communications sent by or to our Service without our permission;
• conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Service without our express written consent;
• access or otherwise interact with our Service using any robot, spider or other automated means, except for the purpose of search engine indexing;
• use our Service except by means of our public interfaces;
• violate the directives set out in the robots.txt file for our Service;
• use data collected from our Service for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
• do anything that interferes with the normal use of our Service.
• use our Service for or in connection with the impersonation of any person or organisation.

2. You must not use data collected from the Service to contact individuals, companies or other persons or entities.

3. You must ensure that all the information you supply to us through the Service, or in relation to the Service, is true, accurate, current, complete and non-misleading.

Cancellation by Us

1. If you, or any user of your account, violate the terms laid out in this document, we may:

• (a) modify your account access;
• (b) temporarily suspend your account;
• (c) cancel your account; and/or
• (d) refuse future use of our Services,

at our sole discretion, at any time and without notice to you.

2. If we suspend or cancel your account, we may allow you retrieve data from your account, however, we reserve the right to refuse this access in cases of flagrant violation of our Terms.

3. In the case of account termination, within 30 days, all content will be permanently deleted from active systems and logs.

4. We will terminate free accounts if they have been inactive for period of 365 days.

Copyright

1. The names, look, and feel of the Services are copyright to Harkster Limited. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements (other than for personal use as described below) without express written permission from Harkster Limited.

2. We hereby grant a non-exclusive, non-transferable licence to download a copy of our website to your browser and our apps to such devices as are personally used by you and to use in accordance with these Terms. We reserve the right to terminate this licence if you are in breach of these Terms. You may not transfer this licence.

3. You must request permission to use Harkster’s logo for promotional purposes. We reserve the right to rescind this permission. Please contact us with requests to use our logos.

4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by Harkster. You may not systematically extract and/or re-utilise parts of the contents of the Services without Harkster’s express written consent.

5. You must not create or modify another website so as to falsely imply that it is associated with the Services or Harkster.

6. By providing content for distribution by our Services, you expressly grant us a royalty-free, perpetual licence to use such content in order to deliver the Services to you in particular you agree that any content published by you via the Service will be available to users of the Service in accordance with the settings you have specified for the content (and agree and accept that content which you publish publicly will be generally available).

Publicity

Unless otherwise specified, Harkster Limited may use a Customer’s name, logo and marks to identify the Customer as a Harkster customer on the Harkster website and other marketing materials.

Limited Warranties & Acknowledgements

1. We do not warrant or represent:

• (a) the completeness or accuracy of the information published on our Services;
• (b) that the material on the Service is up to date;
• (c) that the Service will operate without fault; or
• (d) that the website or any Service will remain available.

2. We reserve the right to discontinue or alter any or all of our Services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any services, or if we stop publishing the website.

3. You acknowledge that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of these Terms, we give no warranty or representation that the Services will be wholly free from defects, errors and bugs.

4. You acknowledge that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of these Terms, we give no warranty or representation that the Services will be entirely secure. See our security overview for full details of our security policies.

Indemnity

You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our Services or any breach by you of any provision of these Terms.

Limitations and exclusions of liability

To the extent permitted by law, if you are a business user, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our Services; or
• use of or reliance on any content displayed on our Services.

If you are a business user, please note that in particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• loss of data;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

We will not be liable for any loss or damage 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 Services or to your downloading of any content on it, or on any website linked to it. From time to time it may be necessary to suspend access to the Services for a period of time for maintenance purposes and any such interruptions shall not constitute a breach by us of these Terms.

Harkster provides all information on this website "as is". While we strive to keep the information on this website up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability in respect to the website or the information, videos, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is strictly at your own risk.

Although this website may provide direct access to other internet resources and include links to other websites, Harkster is not responsible for the accuracy, reliability, completeness, or content of information contained in these sites nor from any third-party content presented on this website. Harkster and its affiliates do not accept any liability for any errors or omissions on this website or for any resulting loss or damage suffered by the website user or any other person.

The appearance of third-party advertisements, products, content, and services in this website does not constitute an endorsement or affiliation with Harkster, unless such affiliation or endorsement is specifically expressed.

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 (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).

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.

Aggregate liability for all claims relating to Harkster shall be no more than the greater of £20 or the amounts paid by you to Harkster Limited for the past three months of the services in question.

Limitations On Investment Guidance And Professional Advice

The information provided on this website is for general information purposes only. No information, materials, services and other content provided on this website constitute solicitation, recommendation, endorsement or any financial, investment, or other advice. Seek independent professional consultation in the form of legal, financial, and fiscal advice before making any investment decision.

Use of Content

The content on this website and on third-party sites that this website provides direct access to is not intended for use by any person in any jurisdiction or country where such use would be contrary to local law or regulation. It is your responsibility to inform yourself of and to observe all applicable laws and regulations of the relevant jurisdictions.

Law and jurisdiction

These Terms shall be governed by and construed in accordance with English law. Any disputes relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England.

Contact Us

If you have any queries, please contact us via our contact page on our website.