Any reference to “we”, “our” or “us” in this document refers to Hedgd Limited. When we say “Harkster” or “Service(s)”, we mean any product created and maintained by Hedgd 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.
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.
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.
1. To become a subscriber to Harkster, you must pay the applicable subscription fees when upgrading your plan via the ‘Account’ section on the website. For so long as your account and subscription remain active in accordance with these Terms, you will benefit from the features specified on our website in relation to your subscription type.
2. The fees and respective features of our subscription services are set out on the website on the pricing page.
3. We reserve the right to add or remove services and functionality from any subscription type or to add or remove subscription types.
4. You must pay to us the fees in respect of our services in advance, in cleared funds, in accordance with any instructions on our website.
5. We may at our sole discretion offer a free trial of a subscription service to help you determine whether our subscription Service(s) are right for you. If you do not wish to continue using the subscription Service(s), we recommend that you terminate your subscription before or upon completion of the free trial period in order to avoid automatically rolling-over onto the payment plan for the agreed subscription period. On termination of your subscription you will revert to our free tier, and your account with us will not be automatically terminated. Please contact us via our contact page on our website should you require assistance terminating your account.
6. At the end of any period of subscription for which you have paid, and subject to the other provisions of these Terms, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on our website before the date of renewal. On termination of your subscription you will revert to our free tier, and your account will not be automatically terminated.
7. If you owe us any amount under or relating to these Terms, we may suspend or withdraw the provision of premium services to you until this amount is paid.
8. If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
9. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade in-line with the change to your plan. For other upgrades or downgrades in plan level, the change to your plan is immediate, however the new rate will start from the next billing cycle along with a retrospective prorated charge or credit for the period in the current month where you were on a plan different to one charged for in the previous billing cycle.
Cancellation by You
1. You may cancel your subscription and/or account at any time directly via your account page on our website.
2. If you cancel a paid subscription before the end of your current term, termination of your plan and payment cancellation will take immediate effect and you will not be charged again (unless you have outstanding charges accrued from plan upgrades within the current month). Any period previously paid for that has not been used will be credited to your account retrospectively on a prorate basis at the next billing cycle.
3. If you cancel a paid subscription and consequently downgrade to a free account OR when your free trial comes to an end on the free account, all previously uploaded content shall remain active on the Service (providing it is within the capacity limits of the new plan) but can only be managed in accordance with the features available in the new plan. This does not affect your ability to delete any previously uploaded content at any time. If your existing content exceeds the limit of your new plan, you will be informed before downgrading of the changes that will automatically be applied to your channels and content upon downgrading.
If you cancel your account, this shall come into effect immediately and your account and all content will be inaccessible. Within 30 days, all content will be permanently deleted from active systems and logs. We are unable to offer refunds for cancelled services within a previously paid for term. Comments you have made against posts of other users will not be deleted but your name will be removed from the comments.
Rules about your content
1. In these Terms, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Service for storage or publication on, processing by, or transmission via Harkster.
2. All content posted to the Service generally remains under the control of the user at all times. Content can be edited or deleted at any time via the functionality made available in the application. We claim no intellectual property rights over the material you submit to Harkster. Comments made against content published by other users may be under the control of the publishing user.
3. Please note that while content you have published under your account is deleted when your account is cancelled, if you have made a comment against content published by another user then your comment will not be deleted, but we will remove your name from the comment.
4. You warrant and represent that your content will comply with these Terms.
5. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
6. Your content, and the use of your content in accordance with these Terms, must not:
7. We do not screen user content but reserve the right to remove any content that is available via the Service that we, in our sole discretion, believe violates our Terms.
8. You acknowledge that we cannot guarantee that any information provided by another user is true, accurate, complete, current and not misleading.
Infringement and Abuse - Notice and Take-Down
1. We will make all reasonable efforts to delete accounts and content which are in breach of our Terms, but we will not be responsible for any user account or content unless you have informed us of the relevant breach providing sufficient information and we have failed to act.
2. In the event that you believe that an account is being used in an inappropriate manner or in breach of these terms or if you believe that any content which is distributed using the Service is defamatory, infringing on intellectual property rights or otherwise in breach of paragraph 5 above please notify us immediately via our contact page on our website.
Use of Harkster services
1. You may only use Harkster services as permitted by these Terms of Service. You must not:
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:
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. We are unable to offer refunds for terminated/suspended services within a previously paid for term.
4. We will terminate free accounts if they have been inactive for period of 365 days.
Changes to Plans and Prices
1. We may from time to time vary the features associated with a subscription plan. Under these circumstances we will notify you of the changes via the email address on record. Providing that, if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will credit to you any amounts paid to us in respect of any period of subscription after the date of such cancellation.
2. We may vary fees from time to time by posting updated fees on our website, but this will not affect fees for services that have been previously paid. We will notify you of these changes, via the email address on record, prior to any future payments being taken and you will be entitled to terminate your account before the increased charges come into effect.
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).
Unless otherwise specified, Hedgd 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:
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.
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:
If you are a business user, please note that in particular, we will not be liable for:
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.
We assume no responsibility for the content of websites linked on our Service. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
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).
Aggregate liability for all claims relating to Harkster shall be no more than the greater of £20 or the amounts paid by you to Hedgd Limited for the past three months of the services in question.
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.
If you have any queries, please contact us via our contact page on our website.