Privacy / Legal

1. Definitions
"Company” means One & Three Limited, a company registered in Scotland with number SC 273543 and having its registered office at Stanley House 69, 71 Hamilton Road  Motherwell  ML1 3DG Glasgow;
Conditions” means these conditions;
“User”  means a user of the Website;
“SayHi/ SayHi.co.uk”  means the Company;
“We/Us/Our”  means the Company;
“Website”  means the Website located at www.sayhi.co.uk;
“You/Your” means a user of this Website

2.         Service Provider and General

2.1 “Sayhi” and “SayHi.co.uk” are  trading names of the Company. 
2.2  This site is provided by the Company.
2.3  These Conditions apply to Your use of the Website and by accessing the Website, You are agree to be bound by these Conditions. These Conditions shall be accepted by You separately each time You visit the Website.  If You do not agree to be bound by these Conditions, You may not access the Website. 
2.4  We do not recognise any other Conditions. We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification or withdrawal of the Website.
2.5  We reserve the right to change the Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. You acknowledge that by visiting the Website from time to time, You shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time You visit the Website. It is Your responsibility to check regularly to determine whether the Conditions have been changed.  If You do not agree to change to the Conditions then You must immediately stop using the Website.

3.Data Protection

3.1  The Company is registered under the Data Protection Act 1998 (the “DPA”) as a data controller. You are able to find out more information about data protection laws at www. Dataprotection.gov.uk. This notice is available and easy to find on our homepage and at every point where personally identifiable information may be requested. SayHi.co.uk is the sole owner of the information collected on this site.

3.2  We will protect Your personal data (as defined in the DPA) as follows:-
(a) Your personal information which is held by us is will be processed on our computers and servers, and those of our selected hosting company. This is presently x402 Ltd, a software development and commercial hosting company.  You consent to our selected hosting company, and the providers of other IT services necessary for the provision of the sayhi.co.uk service, accessing Your personal information to the extent necessary for them to provide services to us for the purpose of operating the SayHi.co.uk Website;
(b) Access to our database is restricted to trusted personnel and is located in a secure data centre in the UK. We may share data supplied by You (or collected about You) with our subsidiaries but only for the purposes described in this policy;
(c) Registration Information held for each User, including their email address, will not be available to, and searchable by Users of SayHi.co.uk;
(d) We will retain Your personal data only as long as is necessary for the purposes to which You consent under the sayhi.co.uk terms and conditions and this Privacy Policy, or is required by applicable law, and then we will delete it.

3.3     We reserve the right to communicate such of a User’s personal information as we hold to Third Parties which seek the legally compliant request for disclosure.

3.4      This site may place cookies on Your computer. A cookie is a piece of data stored on Your hard drive containing information about Your registration with sayhi.co.uk. Use of a cookie can allow a User to be identified. You are not required to accept cookies to use this site although some features may not be available if You choose not to do so. Third party cookies including those from other third parties and Google are used on some parts of the site. They are used for tracking the success of advertising campaigns.  These cookies are normally permanent.

3.5     We may share data supplied by You (or collected about You) with our subsidiaries but only for the purposes described in this policy.  Registration Information held for each You, including Your email address, will not be available to, and searchable by users of SayHi.co.uk. We reserve the right to disclose such of Your personal information as we hold to third parties pursuant to a legally binding request for disclosure.

3.6     Aggregated, anonymous, demographic information may be shared with selected third party advertisers as proof of traffic volume and target audience for the purpose of advertising contracts being targeted more appropriately on sayhi.co.uk. The information is highly summarized and is in no way linked to individual visitors. Log Files - We use IP addresses to analyze trends, administer the site, track visitor movement, and gather broad demographic information for advertising purposes.

3.7      If You wish to request from sayhi.co.uk a copy of the personal data that we hold about You or a description of that data, please note that by law we are entitled to charge You a small sum for providing this information.

3.8      You must take every step open to You to protect Your account with SayHi.co.uk and Your associated details against unauthorized access. Without limiting the foregoing, You must: (i) keep Your password secret;  (ii) log off or exit from SayHi.co.uk when not using it; and, (iii) not allow other people to access the site using a machine logged on with Your account details.

4. Registration, Account Management and Sensible Use

4.1       In order to use this Website, a user must first complete the registration form. During registration You are required to give Your contact details and personal information inlcuding: Your name, date of birth, email address and country of residence.

4.2       Registration, posting and reading messages, creating polls, creating a User profile, uploading photographs, and the option to receive private mail through the Website is free of charge at this time.  The Company reserves the right to withdraw or amend the availability or terms of use for these services at any time, or to introduce a charge for such services or tiered membership on a subscription basis in order to access all or part such services.

 4.3       You consent to us using this information to process Your registration and to us entering this information into a database for the general administration purposes and for the running of the site. This includes but is not limited to us occasionally sending You site and service announcement updates and newsletters.

4.4       You can access Your ‘update profile,’ at any time to change Your email address and opt-in and opt- out facility to receive emails and newsletters from the administrators. The only information that can’t be changed is a person’s username. Your personally identifiable information, if You have supplied this information on Your profile page, is always accessible by You online and can be changed at any time by visiting Your profile page.

4.5       If You no longer wish to be a User of sayhi.co.uk, You should remove Your personal information from Your online profile page and update profile page at SayHi.co.uk. To have Your account permanently disabled, contact us by email at admin@sayhi.co.uk. To protect Your privacy and security, we will also take reasonable steps to verify Your identity before granting access or making corrections. 

4.6              We will take all reasonable care to keep Your details secure, but in the absence of negligence on our part and to the maximum extent permitted by law, we shall not be liable for any loss You may suffer if a third party procures unauthorised access to any data You provide when accessing or using from the Website.

4,7       You must not inform other Users of Your email address, home address, telephone/fax number, or any other identifiable information.

4.8       The content within Your profile page is Your sole responsibility. It is Your responsibility to notify us immediately of any unusual activity within Your account, including unauthorized changes. Upon You doing so, we will suspend your account and start and investigation in accordance with Condition 13.

5. Copyright and Trade Marks

5.1       Unless otherwise stated, all aspects of this site (including, without limitation, the design, text, images in text, graphics, applications, software, underlying source code) are copyright 2008 the Company and/or its technology providers.

5.2       In accessing these web pages, You agree that any downloading of content is for personal, non-commercial reference only.

5.3       No part of this Website may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of the Company, other than is required in order to view it and not for any commercial purpose. You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only and that any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

5.4       All information posted by a User will be deemed as non-confidential and non-proprietary and the Company will have no obligation to protect such material, and is also free to copy, disclose, distribute and incorporate all text and images posted for such purposes as the Company may think fit and anywhere in the world.

5.5       Unless otherwise indicated, trade marks, names, logos and service marks (collectively "trade marks") displayed on this Website are the registered and unregistered trade marks of the Company. Nothing contained on this Website should be construed as granting any license or right to use any of the trade marks without the prior written permission of the Company.

6. Information on SayHi.co.uk

6.1       Whilst every effort is made to update the information contained on this Website, neither the Company  nor any third party or data or content providers make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the Website and shall not be bound in any manner by any information contained on the Website.

6.2       No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and Your company rely on the information contained on this Website at Your own risk.

6.3       Any opinions expressed in any post by a User shall be the opinions of that User only and not of the Company.

6.4       External links may be provided for Your convenience, but they are beyond the control of the Company and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at Your own risk. When visiting external links You must refer to that external Websites terms and conditions of use. No hypertext links shall be created from any Website controlled by You or otherwise to this Website without the express prior written permission of the Company.

7. Public Forums and User Submissions

7.1       The Company is not responsible for any material submitted to the public areas by You (which include bulletin boards, hosted pages, or any other public area found on the Website. You take full responsibility for such material and hereby undertake to indemnify the Company from and against any loss, expense, cost or charge whatsoever or howsoever arising as a consequence of You posting material on the Website including (but not limited to) material posted in contravention of Condition 7.3.

7.2       Any material submitted by You or any other User is not endorsed, reviewed or approved by the Company.

7.3       You agree not to use the Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic, exploits or demeans any  group, individual, minor, or company or violates any applicable law. Without limitation to the generality of the foregoing, nothing posted by You or sent to a person through this Website shall:-

(a) defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;

(b)contain, publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;

(c) infringe or allow or assist the infringement of any intellectual property rights;

(d) be or contain or relate to marketing or promotional material which is intended to solicit business;

(e) promote any sexual fetish;

(f) promote prostitution or solicitation thereof, in any form;

(g) request relationships other than a one on one relationship between two people.

7.4       You may not post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of the computer system and/or network of the Company or any other person;

7.5       The Company reserves the right to remove any material submitted or posted by You in the public areas, without notice to You, if it becomes aware and determines, in its sole and absolute discretion, that such material contravenes or may allow or assist the contravention of this Condition Further, the Company shall be entitled to summarily suspend (for such period as it, in is absolute discretion, considers appropriate) or terminate your User account in the event that there is or has been, or the Company considers it reasonably likely (reasonableness at the absolute discretion of the Company) that there will be, a breach of Condition 7 by You.

7.6       You are solely responsible and are the representative of any content You submit post or display within our Website. As a result we deem that You believe that the content is within the terms and conditions applicable to such content. This Website is for the personal use of its individual Users only. You may not publish or discuss any information regarding Your product or services, or future (possible) products or services, or any product or services You are, or have been, associated with. This includes, but is not limited to suggesting Your own services, or services of partners, clients, employers or friends, unless You have first the prior permission of the Company.  Illegal and/or unauthorized uses of the Website, including unauthorized framing of, or linking to the site or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken. This is including, and without limitation, civil, criminal, and injunctive redress and/or termination of a User’s registration at the Company’s sole discretion. You will not pretend to represent any company, business or person, or make a statement or comment that implies You are being endorsed by such. In order to prevent the sending of unsolicited commercial email or messages to its Users, the Company may take such steps as it considers reasonable, including the limiting of the numbers of emails or chat messages sent or received by a User and electronically filtering or terminating e-mail. The sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken.

8. User Disputes, Viruses and Continuous Use

8.1       We cannot be held liable for any issues that may arise between Users. You are responsible for any interaction or contact between You and other Users.

8.2       We do not guarantee uninterrupted operation of the Website and reserve the right to suspend the operation of the Website for such period and for such purposes as we deem appropriate. The Company will not be liable for any interruption in service of the Website, computer viruses suffered by a User, or any communication failures, and does not guarantee that service will be uninterrupted or error free.

8.3       The Company reserves the right at any time to change or discontinue without notice, any aspect or feature of this Website.

9. E-Mail

9.1       The Company reserves the right to delete any email or other messages sent or received by you through the Website without notice to you if this is deemed necessary to make what the Company considers fair use of its server storage capacity. Normally, we will endeavour to give you notice of any such deletion and to delete the oldest emails first.

9.2       Condition 7 shall apply to any email you send through the Website.

9.3       Where the Company knows or reasonably suspects that you have sent or received an email in contravention of Condition 7 then you consent to the Company reviewing any emails stored for you on its network and systems in order to investigate such matter and take such steps as the Company, in its absolute discretion, considers appropriate (including, without limitation, referring such emails to any appropriate authority).

10. Our Commitment to Children's Privacy

SayHi.co.uk is not designed to appeal, target or to attract Young users. Protecting the privacy of the very young is especially important. For that reason, no part of our Website is structured to attract anyone under 16.

11. Advertising

We use third party companies and advertising companies to serve banners and ads on our site. Please note we are not responsible for the privacy practices of these companies.

12. Links

The Website contains links to other sites. Please be aware that we are not responsible for the privacy practices of other sites. We encourage You to be aware when You leave our site and to read the privacy statements of each and every web site that collects personally identifiable information.

13. Investigations

If you complain about any matter relating to the Website or another User then the Company will promptly investigate the matter and report to you regarding Our findings when the investigation is complete and on the Company’s proposed resolution to the issue. The Company will act reasonably in connection with such complaint and investigation. You will be required to give the Company such reasonable assistance as it may require for the purpose of investigating a Complaint, whether or not the complaint was made by You. During any investigation, whether or not into a matter raised by You, the Company may suspend Your User account (whether or not the matter being investigated was raised by You) and take steps to prevent You gaining access to the Website.

14. Transfer

If most or all of the assets of the Company were to be acquired by a third party, the personal data that we hold in SayHi.co.uk may be transferred to such third party if we think such transfer is appropriate, and You hereby consent to such transfer subject to us notifying You of the transferee.

15. How to Contact Us

Should You have other questions or concerns about these privacy policies, please contact us at admin@sayhi.co.uk.

16. Severability

All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

17. Limitation of Liability

17.1     The provisions of this Condition 17 will not apply in the event of death or personal injury caused by the Company’s negligence but otherwise shall apply to the maximum extent permitted by law.

17.2     The Company will not be liable to You or any other party for any direct or indirect damages or losses (including, without limitation, economic or consequential losses, such as loss of profit, loss of contract or loss of opportunity) arising from any use of the Website or any information posted on it.

17.3     It is Your responsibility to ensure that any information You use from this site applies to You. Nothing on the Website is intended to constitute professional advice and should not be relied upon as such.

17.4     The Company shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury, cost or expense of any nature whatsoever which may be suffered by You or any third party (including a company or employer), as a result of or which may be attributable, directly or indirectly, to Your access and use of the Website or any information contained on the Website or the transmission of information through or using the Website.

17.5     In particular, but without limitation to the generality of the foregoing, neither the Company nor any third party or data or content provider employed by the Company shall be liable in any way to You or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct, indirect or consequential), personal injury, cost or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price, legal advice or medical advice accessed from or posted on the Website or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. 

17.6     You shall fully indemnify and hold harmless the Company from and against any loss, liability, damage (whether direct, indirect or consequential), personal injury, cost or expense of any nature whatsoever arising from (i) any information posted by You on the Website or contained in an email sent by You through the Website that disparages, libels, or invades the privacy of any third party; or, (ii) any other action by You relating to the Website.

18. Age and Agreement

18.1     You must be over sixteen years of age to be eligible to register as a User of the Website.

18.2     By registering for SayHi.co.uk You are agreeing that You have the capacity, right and authority to be bound by the terms and conditions of this Agreement for as long as You continue to be a User.

18.3     By accessing the Website, You warrant and represent to SayHi.co.uk that You are legally entitled to do so and to make use of information made available via the Website.

19. Waiver

                No indulgence or extension of time which either You or the Company may grant to the other will constitute a waiver of or limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

20 Governing Law, Jurisdiction and Entire Agreement

20.1          These Conditions shall be governed by Scots law and You submit to the exclusive jurisdiction of the Scottish courts in relation to any dispute which may arise between You and Us.

20.2          The Company does not make any warranty or representation that information on the Website is appropriate for use in any jurisdiction other than the United Kingdom.

20.3          These Conditions set down out the whole of our agreement relating to the use of the Website by You.

20.4          Where any conflict or contradiction appears between the provisions of these Website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Website shall prevail in respect of Your use of the relevant section or module of the Website.

 

 

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