Terms & Conditions

Last updated: May 15, 2024

Introduction

Welcome to HALIFAX. These Terms & Conditions ("Terms") govern your access to and use of our website at https://halifax-ads.com (the "Site") and our online ads automation platform (the "Service"), operated by HALIFAX (company number 34614769), registered in the United Kingdom.

Please read these Terms carefully before using our Site or Service. By accessing or using our Site or Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Site or use our Service.

Definitions

Throughout these Terms, the following definitions apply:

  • "Account" means a unique account created for you to access our Service or parts of our Service.
  • "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to HALIFAX, 90 Reynolds Fall Clarkeview, PL28 8QJ, United Kingdom.
  • "Content" refers to data, information, text, graphics, images, videos, audio, and other materials or arrangements that can be stored, displayed, or transmitted.
  • "Country" refers to United Kingdom.
  • "Device" means any device that can access the Service such as a computer, a mobile phone, or a digital tablet.
  • "Service" refers to the HALIFAX online ads automation platform.
  • "Site" refers to HALIFAX's website, accessible from https://halifax-ads.com.
  • "Terms" mean these Terms & Conditions that form the entire agreement between you and the Company regarding the use of the Service.
  • "Third-party Service" means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
  • "You" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Account Registration and Eligibility

Account Creation

To use certain features of the Service, you must register for an account. When you register, you must provide accurate and complete information and keep this information updated. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

Eligibility

By using our Service, you represent and warrant that:

  • You are at least 18 years of age
  • You have the legal capacity to enter into a binding agreement with us
  • You are not barred from using the Service under the laws of the United Kingdom or any other applicable jurisdiction
  • If you are using the Service on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms

Subscription and Payment

Subscription Plans

The Service is offered on a subscription basis. You can subscribe to various plans with different features and pricing. Details of our subscription plans, including prices and features, are available on our Site.

Free Trial

We may offer a free trial period for our Service. At the end of the trial period, you will be automatically charged for the subscription plan you selected unless you cancel before the trial period ends.

Payment Terms

By subscribing to our Service, you agree to pay all fees associated with your subscription plan. Payments are non-refundable except as expressly stated in our Refund Policy or as required by law.

We use third-party payment processors to handle all payments. Your use of these payment services is subject to their terms and conditions.

Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless canceled before the renewal date. By subscribing, you authorize us to charge your payment method for the subscription fees on a recurring basis until you cancel.

Price Changes

We reserve the right to change our subscription fees at any time. If we change the fees for your subscription, we will provide notice of the change on the Site or via email at least 30 days before the change takes effect.

Taxes

All fees are exclusive of taxes, which may be added to the subscription fee based on your location and applicable laws. You are responsible for paying all taxes associated with your use of the Service.

Intellectual Property

Our Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of HALIFAX and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HALIFAX.

License to Use the Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your business purposes during the term of your subscription.

Your Content

You retain all rights to any content you submit, post, or display on or through the Service ("Your Content"). By submitting, posting, or displaying Your Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, modify, publish, translate, and distribute Your Content in connection with providing and improving the Service.

You represent and warrant that:

  • You own or have the necessary rights to Your Content and have the right to grant the license described above
  • Your Content does not violate the rights of any third party, including intellectual property rights and privacy rights

User Conduct

You agree not to use the Service in any way that:

  • Violates any applicable law or regulation
  • Infringes the rights of any third party, including intellectual property rights and privacy rights
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable
  • Introduces viruses, trojans, worms, logic bombs, or other harmful material
  • Attempts to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service
  • Attacks the Service via a denial-of-service attack or a distributed denial-of-service attack
  • Involves sending unsolicited promotional messages or spam
  • Attempts to reverse engineer, decompile, or extract the source code of the Service

Third-Party Services and Content

The Service may contain links to third-party websites, services, or content that are not owned or controlled by HALIFAX. We do not endorse or assume any responsibility for any third-party services or content.

To use certain features of the Service, you may need to connect your advertising accounts from platforms such as Google Ads, Facebook Ads, and others. Your use of these third-party services is subject to their terms and conditions. HALIFAX is not responsible for the practices of these third-party services.

Data Privacy and Security

We take data privacy and security seriously. Our collection and use of personal information in connection with the Service is described in our Privacy Policy.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

Service Availability and Modifications

Service Availability

We strive to ensure that the Service is available at all times. However, we do not guarantee that the Service will be available without interruption or error. We may occasionally need to take the Service offline for maintenance or upgrades.

Modifications to the Service

We reserve the right to modify, suspend, or discontinue the Service, temporarily or permanently, at any time and without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

Updates and New Features

We may update the Service from time to time, including by adding or removing features and functionality. We are not obligated to provide any updates or to continue to provide or enable any particular features or functionality.

Termination

Termination by You

You may terminate your subscription and account at any time by following the instructions on the Site or by contacting us. Upon termination, your right to use the Service will immediately cease.

Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

We also reserve the right to terminate or suspend any account that has been inactive for a prolonged period.

Effects of Termination

Upon termination:

  • Your right to use the Service will immediately cease
  • We may delete or archive your account information and Your Content
  • Any fees paid for your current subscription period will not be refunded, except as required by law or as stated in our Refund Policy
  • All provisions of these Terms which by their nature should survive termination shall survive termination, including intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" 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.

HALIFAX DOES NOT WARRANT THAT:

  • THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION
  • ANY ERRORS OR DEFECTS WILL BE CORRECTED
  • THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
  • THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS

WHILE WE STRIVE TO PROVIDE ACCURATE INFORMATION AND RELIABLE SERVICE, WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE OR THAT THE SERVICE WILL ACHIEVE ANY PARTICULAR RESULTS FOR YOUR BUSINESS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HALIFAX, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, 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:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
  • ANY CONTENT OBTAINED FROM THE SERVICE
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless HALIFAX, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of the Service, including Your Content
  • Your violation of any rights of a third party
  • Your violation of any applicable laws, rules, or regulations

Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.

Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration, which rules are deemed to be incorporated by reference into this clause.

The seat of the arbitration shall be London, United Kingdom. The language of the arbitration shall be English. The number of arbitrators shall be one.

Waiver of Class Actions

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will provide notice on the Site, via email, or by other means, to provide you the opportunity to review the changes before they become effective.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified terms, you should discontinue your use of the Service.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions published by HALIFAX on the Site, constitute the entire agreement between you and HALIFAX concerning the Service.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect.

Assignment

You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent. HALIFAX may assign these Terms and its rights and obligations to any third party at any time without notice.

Force Majeure

HALIFAX shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, fire, natural disaster, pandemic, or third-party service provider failures or outages.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

Relationship of the Parties

Nothing in these Terms is intended to or will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.

Contact Us

If you have any questions about these Terms, please contact us at:

HALIFAX

90 Reynolds Fall Clarkeview

PL28 8QJ, United Kingdom

Email: legal@halifax-ads.com

Phone: +44 537 490 9087