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
“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
Hammock’s business model consists of releasing a platform, which will enable rent-collectors (i.e. landlords and estate agents) to simply manage their tenants and properties. This platform will take the form of a web application, from which customers will be able to add the properties that they own, allocate tenants to the registered properties and sync their bank account(s), so that they can track the rent payments they receive from their tenants, as well as their expenses for each property.
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: firstname.lastname@example.org.
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.
3.4 You have the right to terminate our AIS service (open banking) with us at any time as per Regulation 51 of PSR 2017. Please contact us on the details either provided on our website or on the contact details mentioned in the terms.
4. Intellectual Property Rights
4.1 All Content included on Our Site 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.
4.2 Subject to sub-Clause[s] 4.3 [and 4.6] 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.
4.3 You may:
4.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
4.3.2 Download Our Site (or any part of it) for caching;
4.3.3 Print [one copy of any] page[s] from Our Site;
4.3.4 Download extracts from pages on Our Site; and
4.3.5 Save pages from Our Site for later and/or offline viewing.
4.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
4.5 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.
4.6 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.
5. Links to Our Site
5.1 You may link to Our Site provided that:
5.1.1 You do so in a fair and legal manner;
5.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
5.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
5.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
5.2 You may link to any page of Our Site.
5.2 Deep-linking to other pages requires Our express written permission.
5.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us.
5.4 You may not link to Our Site from any other site the main content of which contains material that:
5.4.1 [is sexually explicit];
5.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
5.4.3 promotes violence;
5.4.4 promotes or assists in any form of unlawful activity;
5.4.5 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;
5.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
5.4.7 is calculated or is otherwise likely to deceive another person;
5.4.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
5.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
5.4.10 implies any form of affiliation with Us where none exists;
5.4.11 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
5.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
5.5 The content restrictions in sub-Clause 5.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.4. 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.
6. Links to Other Sites
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.
7.1 Nothing on Our Site 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.
7.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site 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.
7.3 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.
8. Our Liability
8.1 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) Our Site or the use of or reliance upon any Content included on Our Site.
8.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
8.3 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.
8.4 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.
8.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of 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.
8.6 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.
9. Acceptable Usage Policy
9.1 You may only use Our Site in a manner that is lawful. Specifically:
9.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
9.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
9.1.3 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
9.1.4 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.
9.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
9.2.1 suspend, whether temporarily or permanently, your right to access Our Site;
9.2.2 issue you with a written warning;
9.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
9.2.4 take further legal action against you as appropriate;
9.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
9.2.6 any other actions which We deem reasonably appropriate (and lawful).
9.3 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.
10. Privacy and Cookies
11. Changes to these Terms and Conditions
11.1 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 after the changes have been implemented. You are therefore advised to check this page from time to time.
11.2 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.
12. Data Protection
12.1 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.
13. Law and Jurisdiction
13.1 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.
13.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
13.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
13.4 If you are a business, 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.
14. Charges & Fees
14.1 We may charge you for using our services. If we do decide to charge for a service which was once free, you will be notified in advance and have the option to stop using our services.
15. Communication with Customers
15.1 Hammock may contact customers via email, phone, social media sites and through our website.
15.2 Hammock will notify customers if there is a security breach regarding their account. They will contact the user using their email address. They will also be available to discuss the breach over the phone and email.
15.3 If there are any major incidents such as the Hammock website not being accessible because of a supplier or because Hammock as planned maintenance work they may also contact you to inform of you this.
15.4 Technical requirements for customers:
15.4.1 Mobile Phone: Access to a mobile phone is required for us to call you and to validate your account for security reasons.
15.4.2 Internet: They will need access to internet to use our services
15.4.3 Email: You will need an email account with an email service provider to use our 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.
15.5 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.
15.6 You may want to save a copy of these terms and conditions offline by saving the terms on your computer or by printing them.
16. Account Information Services
16.1 To use the Service, you must first provide your Personal Account login details to our trusted partner, Truelayer Ltd. (our “Aggregation Partner”) or otherwise provide your bank with your express authority to enable our Aggregation Partner (or, if relevant, ourselves) to directly access specified information from your Personal Account. Our Aggregation Partner will then automatically download transactional information relating to your Personal Account(s) and continue to do so at certain times until you withdraw your consent for it to do so. Our Aggregation Partner will only provide us with a ‘screen grab’ of your Personal Account transaction information and will not seek to obtain any other information, or initiate any payments, from your Personal Account(s).
16.3 By providing your account details to our Aggregation Partner, you agree and grant our Aggregation Partner permission to aggregate your personal data, which may then be stored within the EEA, to the extent permitted by applicable law.
16.4 You agree that when we retrieve your information relating to your Personal Accounts 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.
16.5 You agree that we will be entitled to disclose your identity and information relating to your Personal Account(s) to third parties if we are required to do so by any applicable law or court order.
16.6 We do not check the accuracy of the Personal Accounts information and personal information you provide to us and we rely on you and your Personal Account providers to ensure that the Personal Accounts information and personal information you provide to us is up to date and accurate.
16.7 By using the Service, you represent that you are the legal owner of the data in your Personal Accounts and that you have the authority to appoint, and do expressly appoint, our Aggregation Partner as your agent and grant a limited power of attorney to access and retrieve such data on your behalf.
16.8 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 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.
16.9 You agree that our third-party services 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.
16.10 Neither Hammock nor our Aggregation Partner can initiate any transaction on your Personal Account. However, if you are concerned about any activity on your Personal Account 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.