Last Updated: June 10, 2024
These Terms and Conditions ('Terms') govern your access to and use of the HALIFAX website, online ads automation platform, and related services (collectively, the 'Services'). Please read these Terms carefully before using our Services.
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.
HALIFAX Ltd. is a company registered in England and Wales (Company Registration No. 17855583) with its registered office at 68 Lindsay Motorway East Heatherfort, M34 2JG, United Kingdom.
In these Terms, the following definitions apply:
To use certain features of our Services, you may need to create an Account. When creating an Account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.
You must immediately notify us of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
By creating an Account, you represent and warrant that:
HALIFAX provides an online ads automation platform that allows users to create, manage, optimize, and analyze digital advertising campaigns across multiple channels. Our Services may include, but are not limited to:
We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.
We offer various subscription plans for our Services. The features, limitations, and pricing of each plan are described on our website. We reserve the right to change our subscription plans and pricing at any time, but any changes will not affect your current subscription period.
You agree to pay all Fees for the Services you purchase or subscribe to. All Fees are non-refundable except as expressly provided in these Terms or as required by applicable law. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties.
For subscription-based Services, we will bill you in advance on a recurring basis (such as monthly or annually, depending on your subscription plan). By subscribing to our Services, you authorize us to charge the payment method you provide to us for all Fees due for your subscription.
Your subscription will automatically renew at the end of each subscription period unless you cancel it before the renewal date. You can cancel your subscription at any time through your Account settings or by contacting us.
We may offer free trials of our Services. If you sign up for a free trial, we may require you to provide payment information. At the end of the free trial period, we may automatically charge you for the subscription unless you cancel before the trial period ends.
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:
You are solely responsible for all advertising content, target audiences, and destinations that you create or manage using our Services. You represent and warrant that all such content and destinations:
You may not share your Account credentials with any third party. Each set of Account credentials may only be used by one person. If you need multiple people to access our Services, you must purchase additional licenses or subscriptions as required by your subscription plan.
All Intellectual Property Rights in and to our Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Services for your internal business purposes during the term of your subscription.
You may not:
You retain all Intellectual Property Rights in and to any content you upload, submit, or display through our Services ('Your Content'). By uploading, submitting, or displaying Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, process, adapt, modify, publish, transmit, display, and distribute Your Content in connection with providing our Services to you.
If you provide us with any feedback or suggestions regarding our Services ('Feedback'), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary.
We collect, process, and use your personal information in accordance with our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate.
You may receive access to confidential information about our business, technology, or customers during your use of our Services. You agree to keep all such information confidential and not to use or disclose it except as necessary to use our Services. This obligation continues even after you stop using our Services.
Our Services may integrate with or contain links to third-party websites, services, or resources. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.
When you use our Services to create or manage advertising campaigns on third-party advertising platforms (such as Google Ads, Facebook Ads, etc.), you acknowledge that:
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
WE DO NOT WARRANT THAT:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HALIFAX LTD., ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO OUR SERVICES EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless HALIFAX Ltd., its directors, employees, agents, partners, suppliers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:
This defense and indemnification obligation will survive these Terms and your use of our Services.
These Terms shall remain in full force and effect while you use our Services or maintain an Account with us.
You may terminate your Account at any time by following the instructions on our website or by contacting us. Upon termination of your Account, your right to use our Services will immediately cease.
We may terminate or suspend your Account and access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination:
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Any disputes arising out of or relating to these Terms or our Services shall be resolved exclusively in the courts of England and Wales.
These Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements we might have had between us regarding the Services.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by us: (i) via email (in each case to the address that you provide) or (ii) by posting to our website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control.
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.
If you have any questions about these Terms, please contact us at:
HALIFAX Ltd.
68 Lindsay Motorway East Heatherfort
M34 2JG
United Kingdom
Email: legal@halifax.co.uk
Phone: +44 768 789 2777