Terms And Conditions

Terms and Conditions

BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms  under which:

you may use this website, usehammock.com, our web application or any mobile application (“Our App”) provided by us (collectively, “Our Site”); and

we may supply our Services to you.

Please read these Terms and Conditions carefully and ensure that you understand them before you make use of Our Site or our Services. These Terms and Conditions tell you who we are, how we will provide services to you, how you and we may change or end our services, what to do if there is a problem and other important information. If you think there is a mistake in these Terms and Conditions, please contact us to discuss.

1. Definitions and Interpretation

1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site and Services; and

“we/us/our” means Hammock, a company registered in England under Hammock Financial Services Ltd, a limited company registered in England under company number 11787213. Registered office address: Hammock Financial Services Ltd, Founders Factory, Northcliffe House, Young St., London, England, W8 5EH.

2. Information About Us

2.1.The Services are provided by and Our Site is owned and operated by Hammock Financial Services Ltd, a limited company registered in England under company number 11787213.

Registered office address:
Hammock Financial Services Ltd, Founders Factory, Northcliffe House, Young St., London, England, W8 5EH

How to contact us:
Email address: [email protected]
Postal address: Hammock Financial Services Ltd, Founders Factory, Northcliffe House, Young St., London, England, W8 5EH

3. Access to Our Site

3.1. Access to Our Site is free of charge.

3.2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Your Personal Account and Password

4.1. If you register as a user of Our Site you will be provided with a personal account accessible via a username and password (“Personal Account”). You must treat such information and any other piece of information included as part of our security procedures as confidential. You must not disclose it to any third party other than as required under Clause 6.1 for use of the Services.

4.2. We have the right to disable any Personal Account if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.

4.3. If you know or suspect that anyone other than you knows your login information for your Personal Account, you must promptly notify us at [email protected]

5. Use of Our App

5.1. Our App is free to download from Apple’s App Store or Google’s Google Play. In addition to complying with these Terms and Conditions, you must use Our App in accordance with the terms provided by the platform from which you download Our App.

5.2. Our App belongs to us and our licensors. We grant you a non-exclusive licence to:

download and install Our App onto a device that you own or control, or if you have obtained Our App from Apple’s App Store, onto any Apple product that you own or control; and

to use Our App in order to receive the Services.

5.3. You must not transfer Our App to any other person or share Our App with any other person. If you sell any device on which Our App is installed you must remove Our App from the device before you deliver the device to the buyer.

5.4. You must not decompile or reverse engineer Our App or try to derive source code from Our App by any other method (“Reverse Engineer” Our App), unless the law does not allow Hammock to restrict you from Reverse Engineering Our App. You must not try to hack Our App or to get around any of its security or access control features and must not modify, adapt, translate or create derivative works of Our App.

5.5. From time to time, we may make updates available to improve Our App’s performance, to fix bugs, to address security issues, to enhance functionality and/or to improve the user experience. We recommend that you install any updates as soon as you can. We aim to provide access to Our App 24/7 but there will be times when it is unavailable but you may still be able to access the Services and your Personal Account via our website.

5.6. Although we don’t charge you for use of Our App, your network provider may charge you for any data you may use in downloading and accessing it. If you use Our App outside the UK, remember that your network provider’s data charges may be higher.

6. Our Services

6.1. Our Site helps landlords, letting agents and property developers manage their property finances. Our users can access Hammock’s Services through both web and mobile applications.

6.2. The “Services” means any services provided by us which are provided through the Our Site.  Certain Additional Services provided by us may be subject to further terms and conditions. For more information on Additional Services, see Clause 7 below.

6.3. You have the right to terminate our Services at any time. Please contact us via the details provided on our website or as set out in these Terms and Conditions.

6.4. Our Site and Services are solely for customers located in the UK. Unfortunately, we cannot accept requests for Services outside the UK.

7. Account Information Services

7.1. To use the Service, you must give permission through your bank’s website or mobile app or otherwise provide your bank with your express authority to enable us to directly access specified information from your bank account. Such permission will automatically expire after 90 days so you will need to renew the permission each time it expires if you wish to keep using the Services. We will then automatically download transactional information relating to your bank accounts(s) and continue to do so at certain times until you withdraw your consent for it to do so or your permission expires. We will only be provided with ‘read only’ access to your transaction information and will not seek to obtain any other information, or initiate any payments, from your bank account(s).

7.2. You grant to us a non-exclusive, sub-licensable, royalty-free licence to use the information in your bank account(s) for all purposes connected with the Service or referred to in these Terms or the Privacy Policy, with the right to use, modify, display, distribute and create new material using or incorporating such information to provide the Service to you. We may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through your use of the Service. By submitting information, you agree (without the payment of any fees), that we may use the information for the purposes set out above.

7.3. By giving us access to your bank account transactions, you agree and grant us permission to aggregate your personal data, which may then be stored within the EEA, to the extent permitted by applicable law.

7.4. You agree that when we retrieve your information relating to your bank account(s) or your information required as part of the provision of the Service, we are doing so as your representative and on your behalf and not on behalf of or in the name of any third party.

7.5. You agree that we will be entitled to disclose your identity and information relating to your bank account(s) to third parties if we are required to do so by any applicable law or court order.

7.6. We do not check the accuracy of the bank account(s) information and personal information you provide to us and we rely on you and your bank account providers to ensure that the bank account(s) information and personal information you provide to us is up to date and accurate.

7.7. By using the Service, you represent that you are the legal owner of the data in your bank account(s) and that you have the authority to appoint, and do expressly appoint, us as your agent and grant a limited power of attorney to access and retrieve such data on your behalf.

7.8. For our compliance purposes and in order to provide the Service to you, you hereby authorise us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and Personal Account and bank account information. When you register for the Service and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you (“KYC & KYB Information”).

7.9. You agree that we may share your KYC & KYB Information with our third-party service providers and any third parties providing Additional Services to you for the purpose of such third parties own verification purposes.

7.10. You agree that our third-party service providers are third-party beneficiaries of the applicable provisions of these Terms, with all rights to enforce such provisions as if such service providers were a party to these Terms.

7.11. We cannot initiate any transaction on your bank account(s). However, if you are concerned about any activity on your bank account(s) please contact us. If we believe that there is any suspected or actual fraud or we suspect that there has been a security breach we will contact you by email or any other secure means we may think most appropriate.

8. Additional Services (including third party services)

8.1. We may use the personal information in your Personal Account, collected from your bank account or otherwise derived through your use of the Service to offer you additional services (which may be provided by us or by a third party directly to you) (“Additional Services”).

8.2. We may offer or recommend Additional Services such as:

Hammock Current Account & Prepaid Mastercard: You can open a current account with Hammock that can be accessed directly via your Personal Account on Our Site that allows you to make and receive payments. You can also sign up for a prepaid Mastercard for your personal use which can also be managed online through your Personal Account. The issuer for your Hammock prepaid Mastercard and the provider of the payment services via the current account is Prepaid Financial Services Limited (PFS).

Credit Builder Services: whereby we report the individual rent payments of tenants to Experian on behalf of letting agents to help build renters credit scores.

Mortgage and Insurance Products: we may recommend third party products that may be of interest to you based on the information you provide to us as part of the Services.

8.3. Any Additional Services we may offer to you from time to time may be subject to additional terms and conditions that will be provided to you upon your request for such Additional Services. You should read those terms and conditions carefully and ensure that you are willing to be bound by them before you use any such Additional Services.

8.4. Such Additional Services may be provided by third parties and not by us and your relationship for such Additional Services will be between those third parties and not us. We do not accept any responsibility or liability for any Additional Services provided by third parties.

9. Charges

9.1. The charges for our Services will vary depending on the level of subscription you require or the Services you purchase. The charges payable by you will be made clear to you at the time you make a request to receive our Services via Our Site. All amounts payable are exclusive of amounts in respect of value added tax chargeable from time to time.

9.2. If we need to make changes to the charges payable by you for the Services, you will be notified in advance and have the option to stop using our Services.

9.3. Your payments for the Services will be made monthly and managed by our partner Stripe. Please click here for further details.

9.4. Charges for any Additional Services will be set out in the additional terms and conditions applicable to those Additional Services.

10. Intellectual Property Rights

10.1. All Content included on Our Site or provided through our Services and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

10.2.Subject to Clauses 10.3 and 10.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

10.3. You may:

10.3.1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

10.3.2. Download Our Site (or any part of it) for caching;

10.3.3. Print one copy of any page[s] from Our Site (except that you will not be able to print or screenshot our KYC & KYB Information process via Our App);

10.3.4. Download extracts from pages on Our Site; and

10.3.5. Save pages from Our Site for later and/or offline viewing.

10.4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

10.5. You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

10.6. Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

11. Links to Our Site

11.1. You may link to Our Site provided that:

11.1.1. You do so in a fair and legal manner;

11.1.2. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

11.1.3. You do not use any logos or trade marks displayed on Our Site without Our express written permission; and

11.1.4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

11.2. You may link to any page of Our Site.

11.3. Deep-linking to other pages requires Our express written permission.

11.4. Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us.

11.5. You may not link to Our Site from any other site the main content of which contains material that:

11.5.1.is sexually explicit;

11.5.2.is obscene, deliberately offensive, hateful or otherwise inflammatory;

11.5.3.promotes violence;

11.5.4.promotes or assists in any form of unlawful activity;

11.5.5.discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

11.5.6.is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

11.5.7.is calculated or is otherwise likely to deceive another person;

11.5.8.is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;

 11.5.9.misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;

 11.5.10.implies any form of affiliation with us where none exists;

 11.5.11.infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

11.5.12.is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

11.6. The content restrictions in Clause 9.5 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of Clause 9.5. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

12. Links to Other Sites

12.1. Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

13. Disclaimers

13.1. Nothing on Our Site or forming part of our Services constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to finance, mortgages, property, banking, taxation and services provided by us, as we are not professional advisors.

13.2. Insofar as is permitted by law, we make no representation, warranty, or guarantee that Our Site or our Services will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. The Services are provided “as is” and “as available” and we disclaim all implied warranties including of merchantability, fitness for a particular purpose and non-infringement.

13.3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

13.4. You acknowledge that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.

14. Our Liability

14.1. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Services, Our Site, or the use of or reliance upon any Content included on Our Site.

14.2. To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Services, Our Site or any Content included on Our Site.

14.3. If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

14.4. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

14.5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Services or Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

14.6. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

15. Suspension and Termination

15.1. We reserve the right to suspend or terminate the Services and your access to Our Site if you materially breach the provisions of this Clause 13 or any of the other provisions of these Terms and Conditions. Specifically, we may take one or more of the following actions:

15.1.1.suspend, whether temporarily or permanently, your right to access Our Site;

15.1.2.issue you with a written warning by email or letter;

15.1.3.take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

15.1.4.take further legal action against you as appropriate;

15.1.5.disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or

15.1.6.any other actions which we deem reasonably appropriate (and lawful).

15.2. See Clause 8 above for details of Charges. Any failure by You to pay any amount due under these Terms and Conditions by the due date for such payment will be deemed a material breach of these Terms and Conditions if such payment is still outstanding after 14 days following a notification from us to you regarding the late payment.

15.3. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms and Conditions.

15.4.On termination of the Services:

15.4.1.you agree to immediately pay to us any outstanding payments owed by you for the Services; and

15.4.2.except to the extent required by law, we are under no obligation to store any information relating to your Personal Account and we may immediately delete your Personal Account.

15.5. Termination or suspension of the Services or your access to Our Site will not affect any rights, remedies, obligations or liabilities that you or we have accrued up to the date of termination or suspension, including the right to claim damages in respect of any breach of these Terms and Conditions which existed at or before the date of termination or suspension.

15.6. Any provision of these Terms and Conditions that expressly or by implication is intended to come into or continue in force on or after the termination or suspension of the Services or your access to Our Site shall remain in full force and effect.

16. Acceptable Usage Policy

16.1. You may only use Our Site in a manner that is lawful. Specifically:

16.1.1.you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

16.1.2.you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

16.1.3.you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

 16.1.4.you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

17. Privacy and Cookies

17.1. Use of the Services and Our Site is also governed by our Cookie and Privacy policies. These policies are incorporated into these Terms and Conditions by this reference. Please review our Privacy Notice for more information about our cookies and privacy.

18. Changes to these Terms and Conditions

18.1. We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site and/or Services after the changes have been implemented. You are therefore advised to check this page from time to time.

18.2. Changes to the Terms and Conditions specifically in Schedule 4 of PSR 2017 will be disclosed to customers 2 month prior to the changes taking affect.

19. Data Protection

19.1. All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

19.2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.

20. Law and Jurisdiction

20.1. These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.

20.2. Any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

21. Communication with Customers

21.1. We may contact you via post, email, phone, social media sites and through Our Site.

21.2. We will notify you if there is a security breach regarding your Personal Account via email. We will also be available to discuss the breach over the phone and email.

21.3.If there are any major incidents such as Our Site not being accessible because of a supplier or because of planned maintenance work we may also contact you to inform you of this.

21.4.Technical requirements for customers:

21.4.1. Mobile Phone: Access to a mobile phone is required for us to call you or text you and to validate your account for security reasons.

21.4.2. Internet: You will need access to internet to use Our Site and Services.

21.4.3. Email: You will need an email account with an email service provider to use Our Site and Services. We will also use the email for communicating with you from time to time. There are plenty of free email service providers available such as outlook.com and gmail.com.

21.5. We will use English as the main language to communicate with you. If you require additional language support please get in touch with us or use translation tools such as Google translate.

21.6. You may want to save a copy of these terms and conditions offline by saving the terms on your computer or by printing them.

22. General

22.1. Neither you or us will be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure result from events, circumstances or causes beyond its reasonable control.

22.2. Your Personal Account and the Services provided to you are personal to you and you shall not assign or otherwise transfer any of your rights or obligations under these Terms and Conditions to any other party.

22.3. A waiver of any right or remedy under these Terms and Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

22.4. Unless it expressly states otherwise, these Terms and Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms and Conditions.

GDPR

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