The Homewings Service & Definitions
Do not use the service unless you wish to be bound by the Terms because, by continuing to use any part of the Site, you confirm your acceptance of the Terms.
The Homewings service (“The Service”) consists of the Site, any tools incl.communication tools provided via the site, any Homewings-branded mobile apps we make available, any pages we operate on third party social media applications, and the content and services we make available through them via the internet or mobile devices (including smartphones and tablets). It also includes the provision by us of associated information, products and services by e-mail or your mobile device.
The Homewings Service is for use in connection with design service and assistance in relation to extends to United Kingdom jurisdictions only. You are responsible for all compliance with laws and regulations which apply to you.
The provider of Homewings is Homewings Ltd. You can contact us via our online contact form or at email@example.com. When the Terms make a reference to ‘Homewings’, ‘we’ or ‘us’, that is a reference to Homewings Ltd.
Where we refer to you in the Terms, this also includes any person that accesses or uses Homewings on your behalf.
The Service is a platform enabling people seeking interior design services ("Clients") to find and select interior designers ("Designers"). Both Clients and Designers are "Users" of the Service. Please be advised: Although Homewings administers the design projects (as described in greater detail below) and establishes certain terms for certain packages offered through the Service (including package features, pricing and options), Homewings is not otherwise a party to the design services and any other off-line transactions that may take place between Clients and Designers. Homewings has no control over any claims made by Designers about the products or services they may offer or the truth or accuracy of the listings created by Designers, the ability of Designers to provide the products or services as claimed by Designers (even if through the Service) or the ability of Clients to pay for any products or services offered by Designers. Homewings does not conduct background checks regarding any Users of the Service.
All Users acknowledge and understand that Homewings is not an employer, broker, agent or insurer for any Users of the Service, whether they be Designers or Clients. Homewings's acceptance of a Designer to the Service should not be construed or otherwise deemed an endorsement or promotion of such Designer and its acceptance relied upon the Designer's representation and warranty to Homewings of the accuracy of information submitted about such Designer. As the Service solely provides a platform and tools for Users to communicate with potential transaction partners, any such transactions are made by all Users at each User's own risk.
Registration and Eligibility
Account Types and Registration
Anyone may browse the public-facing pages of the Service and take a style quiz, but in order to become a Client or Designer, you must create an account (for Clients) or submit a successful application (for Designers).
To become a Client, you must provide your post code, phone number, email address, name and a username and password. You may also register by connecting to your social network. You will also take a style quiz (to help us determine your preferred design styles), provide additional details on your specific room project and select from a variety of design packages which will include a style board, furniture plan, shopping list and instructions from your matched Designer (such packages, "Design Packages").
To become a Designer, you must submit an application to Homewings for approval. Each application will include your resume and portfolio of your work. Designer applications must be submitted via the Website or by email when instructed by Homewings. Homewings' decision to accept or reject any application is within its sole and exclusive discretion and Homewings is under no obligation to accept any designer. If accepted, Designer is required to enter into the Supplemental Designer Agreement as a condition of becoming a Designer through the Service. Homewings will generate a profile for the Designer on the Service which will feature a portrait picture and portfolio image of the Designer, both subject to the license grants for Your Content.
Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party as you will be responsible for all activity that occurs under your access credentials. You agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Homewings by e-mail to firstname.lastname@example.org. You will be solely responsible for the losses incurred by Homewings and others due to any unauthorized use of your account.
Homewings guarantees that each user will receive design recommendations based on the questionnaire, pictures, videos or other material submitted by the user. Design is inherently subjective, however, and you agree that Homewings cannot and does not warrant or guarantee your satisfaction with design services and/or ideas you receive on the Homewings site. Notwithstanding the foregoing, Homewings will take such reasonable steps, in Homewings' sole discretion, to ensure your satisfaction, including but not limited to those measures set forth in our Refund Policy.
While Homewings makes every effort to portray recommended products and their colors and materials in the most accurate way on the Website, the displayed colors of the products will depend upon the monitor of the user and cannot be guaranteed by Homewings Ltd. as an accurate portrayal of the actual color or material of the product. We also make efforts to estimate scale of your space based on photos provided, but can’t guarantee that all recommended products will fit your space. It is the Clients’ responsibility to measure their space to ensure that items fit prior to purchasing.
While Homewings will attempt to ensure that all retail product links are current in order to assist users with purchasing the products, there is no guarantee that the furniture or accessories recommended by Designers will be available for purchase at all or within a specific time frame defined by the Clients in their questionnaire. If prices are provided as part of the design service recommendation, there is no guarantee that the Client will find the article at the same price when they order. Homewings cannot guarantee availability or workmanship of any products purchased from outside vendors.
Pricing for product and services listed on Homewings.co.uk are quoted in GBP British pounds and are valid only in the United Kingdom. All prices are subject to change.
No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site, such as through links on Homewings.co.uk to other websites or services. the Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, messages, graphics, software and the HTML used to generate the pages (“Materials and Content”), is property of Homewings.
Homewings grants you a personal, limited, non-exclusive, non-transferable license to access Homewings.co.uk and to use the information and services contained here. Homewings reserves the right, for any reason or for no reason, in its sole discretion and without notice to you, to revise the products and services described on Homewings.co.uk and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of Homewings, and Homewings will not be liable to you or to any third party for doing so. Homewings may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. The content of the Site is for your general information and use only. Unauthorised use of this Website may give to a claim for damages and/or be a criminal offense.
For any dispute you have with Homewings, you agree to first contact us (email@example.com) and attempt to resolve the dispute with us informally. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HOMEWINGS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Definitions and Interpretations
In these Conditions, the following words and expressions shall have the following meanings:
Charges means the charges for the Services as agreed between the Supplier and the Customer;
Conditions means these terms and conditions as amended from time to time;
Contract means any legally binding contract between the Supplier and the Customer for the supply of Goods and/or Services in accordance with these Conditions;
Customer means the person, firm or company who purchases the Goods and/or Services from the Supplier;
Delivery Address means the place where delivery of the Goods is to take place under condition agreed by the Supplier with the Customer;
Designer means a person employed by the Supplier to offer design services for the Customer;
Goods means any goods agreed in the Contract to be supplied to the Customer by the Supplier (including any part or parts of them);
Goods Specification means any specification for the Goods, including any relevant plans, drawings, designs, site surveys, risk assessments and method statements, that is agreed in writing between the Customer and the Supplier;
Price means the price of the Goods as agreed between the Supplier and the Customer;
Purchase Order means the Customer's written or oral purchase order, including an on-line order, for the supply of the Goods and/or Services;
Supplier means Homewings Ltd, a company registered in England and Wales with company number 09998352 whose registered office is at Stapleton House, Block A, 2nd Floor, 110, Clifton Street, London, England, EC2A 4HT;
Services means any services agreed in the Contract to be supplied by the Supplier to the Customer, other than services ancillary to the supply of the Goods;
Service Specification means any specification for the Services that is agreed in writing between the Customer and the Supplier.
Packages and design services
Homewings endeavours to offer clients packages consisting of furniture items for bespoke requests as part of the Service. The standard Service includes procurement, delivery and installation of these furniture items at an agreed upon date. A consultant can provide advice and guidance on how to furnish the property to best effect. A site survey will be conducted on request for any property within the M25 areas.
Packages deliveries will be carried out by specialist Homewings personnel or supervised third party couriers who are experienced in providing this enhanced service.
All items will be delivered and set up in accordance with the Customer's request or any agreed scheme.
The Design Service is a Service Specification which can be requested by the Customer. Where appropriate, we can offer a Design service. This incorporates all of the features of the Packages service.
A designer or a consultant will survey the property to advise on how best to achieve the Customer's goals.
Our Design team will produce a design scheme for the property to accompany any quotation.
Our Design team will recommend (and can ultimately order) any bespoke or special items that may be required.
A designer, consultant or inspector will supervise the installation.
When placing an order with Homewings for package furniture, you warrant that any and all information given is accurate and complete.
All orders are subject to acceptance and product availability.
All prices listed on homewings.co.uk and the invoice provided are correct at the time of entering the information, however, we reserve the right to change prices of any product at any time. All prices exclude sales tax. The ordering process will begin only after payment has been made. Please ensure payment has been made a minimum of 10-15 working days in advance of your requested delivery date in order to ensure that furniture items reach you in time.
Special & bespoke items
We are able to order special or bespoke items for a Customer.
We will not order such an item from our suppliers until we have received a confirmed order and payment.
Such non-standard items may require a lead time. The estimated lead
time will be notified upon order.
Where such items are returned, we will offer a refund only if we deem it to be faulty or damaged and where it is covered under our warranty. We will not be able to refund any cancelled orders for such items once we have placed a confirmed purchase order with our supplier.
Stock availability and pricing
All furniture items are subject to availability.
We will use our best endeavours to ensure that all items quoted are available
on the expected date of delivery.
After completing an order, if an item becomes unavailable,
Homewings will endeavour to do one of the following:
- Replace the items out of stock with a similar good deemed reasonable by the Homewings design team
- Wait for the item to return to stock and deliver it at a later time
The client will be informed via email of any action taken in this respect.
We reserve the right to cancel delivery for any quoted item without notice. We are not liable for any modification, suspension or discontinuation of any quoted item.
Not all goods or promotions on the Homewings website will necessarily be available to those ordering by telephone or through other channels. Where an ordered item is unavailable within the agreed delivery deadline, a substitute will be offered. If preferred, we will deliver the ordered item separately once it is in stock. If neither option is acceptable, we can refund the full value of the item. See below for details on cancellations and refunds.
We do our best to ensure that all prices are accurate on our website and in communications with the client. We will correct any errors once we become aware of them. If any such error has affected a Customer's order, we will inform the Customer.
The delivery period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. We will always endeavour to notify you if certain items are out of stock and offer you alternatives.
All access details are set out through the Homewings operations form and our team will use your answers to determine the appropriate planning needed for your delivery. Arrangements can be made to meet the listed delivery contact directly at the property. Alternatively, we can collect keys from a third party in the vicinity of the delivery address, meaning within the same post code or one immediately adjacent. We will return the keys to the same contact person/organisation or to any other nominated contact in the vicinity. This will normally be on completion of the delivery unless otherwise requested. Where it is not practicable to do this, we may be able to make an alternative arrangement to return them at the earliest reasonable opportunity. There must be road access available to the property for commercial vehicles. Parking must be available within a distance that is reasonable in relation to manually carrying all the items that are to be delivered and removed. The property must be in suitable condition to allow delivery of the items ordered. The property must be free from any relevant health and safety hazards. Any flooring, carpeting, electrical, plumbing or other such work in the areas where items are to be delivered must be completed. Any building or refurbishment work that may affect the delivery must be completed throughout the delivery route (e.g. all paint must be dry). There must be space within the property sufficient to deliver and install the items. Customers are responsible for checking the dimensions of any items ordered to ensure that there will be adequate space for access in lifts, staircases, hallways, doorways, etc. as well as in the space where the item is to be placed. All staircases and lifts to be used for access to the property must be accessible and available throughout the scheduled delivery time. The Company will use our best endeavours to complete any delivery or removal as far as is reasonably practicable. We reserve the right to refuse to carry out any delivery that we deem to be unreasonable. In such cases, we will attempt to contact the customer to arrange an alternative delivery solution.Should any of the criteria listed above prevent Homewing from completing the delivery using reasonable means, the customer is liable to pay a charge towards the costs of the failed delivery. See under Failed Deliveries below for further details.
Packaging & waste
As part of the Homewings delivery service, packaging and waste associated with the items delivered will be removed for recycling or disposal. This does not apply to items already in the house or unwanted furniture. Pre-existing items or furniture can be disposed of by Homewings as a special request, with the cost to be determined on a case by case basis starting at £80.
Where we fail to carry out a delivery or are unable to complete any contracted work for any reason before the agreed delivery deadline, we will attempt to notify the Customer at the earliest opportunity to agree a solution.
Where any such failure results from failed access or some other matter for which the Customer or anyone nominated by the Customer is responsible, a charge may be payable.
Failed deliveries will be rescheduled in the normal course as set out below.
If the Customer cancels the order, a refund will be made in accordance with these Terms of Sale. Where applicable, the failed delivery charge will be deducted from the refund.
If it appears that an item has not been delivered, the Customer should notify us at the earliest opportunity if we have not already reported this. Where we accept that an item has not been delivered, the options available for any other failed delivery will apply. In case of a dispute, the Supplier will be entitled to reject any such claim if the Customer signed for receipt of the goods. Where the Customer was not present, the Company will be entitled to reject any claim made more than 14 days after the date of the relevant invoice.
Geographic areas covered
Homewings offer the standard pricing for deliveries inside the M25 area. Any deliveries outside of this area will be priced differently and will need to be agreed prior to any order confirmation.
We will deliver and install a furniture package within three weeks/15 working days of receipt of a signed order confirmation and the necessary payment.
The lead time may be increased if access is not available throughout this period. See above for more details on access. A longer period may also be required for multiple orders.
Where special or bespoke items are ordered, a longer lead time may be required. See above for more details. This will normally be the case for Design Services jobs.
The lead times described here apply to deliveries within our Geographic area. See above for addresses outside these areas.
It is the responsibility of the buyer to ensure that all goods are insured once delivered. Homewings are responsible only for the goods up to and including the time of delivery and installation.
Additional terms & amendments
Additional terms or clarification of these may be added by other documents or correspondence provided to the Customer. The Customer will be deemed to have accepted any such new terms or clarification in the same way as the Terms of Sale.
Where such new terms conflict with these Terms of Sale, the Terms of Sale shall take precedence except as described below.
Any agreement that purports to change or contradict any of these Terms of Sale shall have any effect only where specifically agreed in writing in advance by a Homewings team member.
Cancellation and returns
Homewings Return Policy lasts 14 days. If 14 days have gone by since your receipt of the product, unfortunately we can’t offer you a refund or exchange. To be eligible for a return, you have to send us an email to firstname.lastname@example.org and explain why you’d like to return the product. Then we will get back to you within 48 hours and, if your request has been accepted, you will get a return ticket with the instructions for return. By purchasing physical products from us, you accept that, we deduct the charges of transportation, restocking fees and the fees of the credit card company when we refund you. The team will inform you, upon confirming the return, what these fees will be along with the confirmation email.
The Customer acknowledges that it is the Customer’s responsibility to ensure that the Goods will be fit for the purpose for which the Goods are intended. If within a period of 14 days from the date of delivery of the Goods any of the delivered Goods are proved to the reasonable satisfaction of the Supplier not to comply with the Order specification due to defects in materials, workmanship or composition, the Supplier at its option will:
- replace, free of charge, such Goods with Goods which conform in all material respects with the Goods Specification;
- refund the price of such Goods (subject to the price having been paid by the date of the complaint by the Customer); or
- agree a reduced Price for such Goods.
The Supplier's obligation under the condition above will not apply where:
- the Customer makes any further use of such Goods after notifying the Supplier of the defect;
- the defect arises as a result of the Supplier following any specification, plan, drawing, design, site survey, risk assessment or method statement supplied by the Customer, including where this is part of the Goods Specification;
- the Goods have been subject to misuse (including any kind of use inconsistent with the Goods Specification);
- the Goods have been altered or repaired other than with the express written consent of the Supplier;
- the Goods differ from the Order specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards;
- any instructions for storage of the Goods have not been complied with in all respects.
If the Supplier complies with above conditions it shall have no further liability for breach of the warranty in condition and respect of such Goods. These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier. Any Goods that have been replaced will belong to the Supplier.
Risk and Title
The Supplier acts as a procurement service provider for the Customer. As such, ownership of the goods will pass to the Customer from the point of payment. In terms of risk, the items are the risk of the Customer from the time of delivery. Ownership of the Goods shall not pass to the Customer until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
- the Goods; and
- all other sums which are or which become due to the Supplier from the Customer on any account.
Until ownership of the Goods has passed to the Customer, the Customer shall:
- store the Goods (at no cost to the Supplier) in such a way that they remain readily identifiable as the Supplier's property;
- not destroy, deface or obscure any identifying mark on or relating to the Goods;
- maintain the Goods in satisfactory condition and keep them insured on the Supplier's behalf for their full price against all risks to the reasonable satisfaction of the Supplier, and on request the Customer shall produce the policy of insurance to the Supplier;
- notify the Supplier immediately if any issues occur related to the integrity of the Goods
Unless otherwise specified by the Supplier, the Price of the Goods shall be exclusive of all taxes and duties including, without limitation, value added tax, which (if applicable) shall be payable by the Customer together with any additional storage and delivery costs as detailed in any quotation issued by the Supplier to the Customer.
The Supplier reserves the right to increase the Price if any extra cost is incurred by the Supplier as a result of the inaccuracy or incompleteness of any instructions issued by the Customer, or as a result of any failure or delay in supplying any information, drawings, specifications or access required to enable the Supplier to proceed with the Contract.
The Charges for the Services shall be on a time and materials basis, and unless agreed otherwise in writing:
- the Charges shall be calculated in accordance with the Supplier’s rates (including, where applicable, any overtime or out-of-hours rates);
- the Supplier shall be entitled to charge the Customer for any expenses reasonably incurred by the individuals whom the Supplier engages in connection with the Services including travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by the Supplier for the performance of the Services, and for the cost of any materials.
In respect of Goods, the Supplier may, unless alternative arrangements
have been agreed with the Customer in writing, invoice the Customer for
the Price at any time after despatch of the Goods. In respect of
Services, the Supplier may invoice the Customer for the Charges at such
intervals as may be agreed with the Customer in writing, or, failing
such agreement, monthly in arrears or upon completion of the Services
No payment shall be deemed to have been received until the Supplier has received the Price in full in cleared funds.
All payments payable to the Supplier under the Contract shall become due immediately on its termination despite any other provision.
The Customer shall make all payments due under the Contract in full without any set-off, counterclaim, discount, abatement, deduction or withholding (except for any deduction or withholding required by law).
If the Customer fails to pay the Supplier any sum due pursuant to the Contract, the Customer shall be liable to pay interest to the Supplier on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of The Bank of England, accruing on a daily basis until payment is made, whether before or after any judgment.
Refund Policy on Paid Service
If you are not satisfied with the Service, then you may ask for specific remedies to fix the situation by emailing email@example.com. At Homewings’ discretion, we will offer a refund in those situations where a remedy is not possible or does not fix the issue. You can request a refund by emailing firstname.lastname@example.org. The refund is limited to the amount paid for the service.
Content Linked to by Homewings
Disclaimer of Warranties
Homewings disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the Site. Homewings disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Homewings disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Homewings SERVICE.
THE HOMEWINGS SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE HOMEWINGS SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. HOMEWINGS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. HOMEWINGS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE HOMEWINGS SERVICES. HOMEWINGS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE HOMEWINGS SERVICES. HOMEWINGS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE HOMEWINGS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE HOMEWINGS SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE HOMEWINGS SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE HOMEWINGS SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL HOMEWINGS OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE HOMEWINGS SERVICE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF HOMEWINGS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE HOMEWINGS SERVICE, FROM INABILITY TO USE THE HOMEWINGS SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE HOMEWINGS SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE HOMEWINGS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE HOMEWINGS SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE HOMEWINGS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE HOMEWINGS SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE HOMEWINGS SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE HOMEWINGS SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
If you are dissatisfied with Homewings your only remedy under the Terms shall be to discontinue your use of The Service and The Site. Without limiting the preceding sentence, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
Without limiting the foregoing, under no circumstances shall Homewings be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by Homewings.
Intellectual Property Rights
You acknowledge all present and future copyright and other intellectual property rights subsisting in, or used in connection with the Site and The Service and any part of it (the “Intellectual Property“), including the manner in which Homewings is presented or appears and all information and documentation relating to it is our property and nothing in the Terms shall be taken to transfer any of the Intellectual Property to you.
Solely for the purposes of receiving The Service, we hereby grant to you, for the period during which The Service is provided, a non-exclusive, non-transferable licence to use the Intellectual Property.
We shall indemnify you against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by you in connection with any actual or threatened claims of any kind that any material on Homewings which has been generated and uploaded by us infringes the intellectual property of any third party.
We reserve the right at all times to edit, refuse to post, or to remove from Homewings any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body (including the Solicitors Regulation Authority).
We reserve the right to terminate the provision to you of Homewings or restrict your access to Homewings at any time without notice for any reason whatsoever, including if we suspect you to be in breach of any of the Terms.
We may vary the terms of the Terms from time to time and shall post such alterations on the Site. If you do not agree to the changes made to the terms of the Terms then you have the right to stop using Service, and should do so immediately. Your continued use of Homewings after the date the changes have been posted will constitute acceptance of the amended Terms.
Clause headings are inserted for convenience only and shall not affect the interpretation of the Terms.
If any of the Terms are held to be illegal or unenforceable such provisions shall be severed and the rest of the Terms shall remain in full force and effect unless the business purpose of the Terms is substantially frustrated, in which case it shall terminate without giving rise to further liability.
You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.
The Terms constitute the entire agreement as to your use of and our provision of Homewings and supersedes and extinguishes all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.
You acknowledge that you have placed no reliance on any representation made but not set out expressly in the Terms.
The Terms shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.
Our registered company number is 09998352 and our registered office is at Unit 4.07, Tea Building, 56 Shoreditch High St. London E1 6JJ.
Information Received by Homewings
Homewings collects and processes the following personal information about you only if you voluntarily choose to share such information with Homewings:
- information such as your name, address, phone number and email address, which you provide by completing forms through the Service, upload or submit any material via the Service or request any information from us; in connection with an account sign-in facility, your log-in and password details;
- communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Site, Service or its content;
- We may also require you to provide us with your financial information, including billing name, address and credit card number (“Financial Information”) where you choose to use our Service.
- information from surveys, promotions and competitions that we may, from time to time, run on the Site, if you choose to respond to, or participate in them;
- Video/Photos you may upload, work experience and other information we may suggest or you decide to upload to your Profile
You are under no obligation to provide any such information to us. However, you may not be able to take full advantage of particular opportunities provided through the Service.
When you visit and interact with the Site, homewings.co.uk and/or third parties with whom homewings.co.uk has contracted to provide services to homewings.co.uk, may automatically collect your Internet Protocol Address (“IP Address”), which is a number that is automatically assigned to the computer that you are using by your Internet Service Provider. This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. We use IP Addresses to monitor the regions from which Users navigate the Site and for fraud prevention purposes.
Homewings Use of Personal Information
Homewings uses the personal information that you provide to us for the following purposes:
- to provide our products and Service to you that you have requested; for billing, identification and authentication, and fraud prevention purposes;
- to analyse Site usage and improve our products and the Service; to contact you and deliver administrative notices and communications relevant to your use our products and services;
- for internal market research, troubleshooting problems, and detecting and protecting against error, fraud or other criminal activity;
- with your consent, for distribution to third-party contractors that provide services to Homewings and partners of Homewings who are bound by privacy restrictions at least as restrictive as those set forth in this Policy;
- send you information we think you may find useful or which you have requested from us, including receipt of marketing communications such as our periodic newsletter, provided that you have indicated you are happy to be contacted for these purposes;
- to enforce our Terms and Conditions
Although we ensure that our third-party agents (“Agents”) receiving your information are bound by privacy restrictions at least as restrictive as those set forth in this policy, Homewings is not responsible for any issues that may arise regarding the Privacy Policies of any of its affiliates or advertisers.
When you visit the Site or access any Homewings applications, Homewings may automatically collect additional information about you, such as the type of internet browser or mobile device you use, as well as any website from which you have come to the Site or application. You cannot be identified based on this information and we use it for analysis purposes to:
- Market the Service;
- Improve and enhance the Service so that it operates more effectively;
- Increase the likelihood that a group’s experience with the Service is relevant to its interests as a whole;
Homewings uses data at User level to sell products and services to Users who express an interest in these products and services, through a poll for example, or to Users who can be presumed to have an interest based on browsing habits. Homewings may use your cell phone number to call or text you in order to facilitate the provision of the Service. If you would like more information about our policy, or to opt out, please review our Terms and Conditions or email us at email@example.com
Homewings security of collected information
Your Homewings account is password-protected so that only you and authorised Homewings staff have access to your account information. In order to maintain this protection, please do not give your password to anyone. If someone represents to you they are Homewings staff and asks for any personal account information, including your password, check their URL. If it doesn’t say they are firstname.lastname@example.org, they aren’t. Also, if you share a computer, you should sign out of your Homewings account and close the browser window before someone else logs in. This will help protect your information entered on public terminals from disclosure to third parties.
Homewings makes every effort to ensure that your information is secure on its system by backing up data in separate back-up drives and uses public key access encryption and firewalls on both our main and backup servers. We also employ customer record managers to protect against loss, misuse and alteration of the information under our control.
Extremely sensitive information, such as credit card numbers, is always transmitted in encrypted form.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, Homewings cannot absolutely guarantee the security of any information you transmit to us, and would like to remind you that you are doing so at your own risk.
With whom does Homewings share information?
Homewings may disclose Personal Information from both private and public areas of the Site at our discretion, if required by law or by a court order, or if we are given reason to believe, based on our sole discretion, that someone is causing injury to or interference with the rights of Users, the general public or Homewings.
Finally, in the event that Homewings undergoes a re-organisation or is sold to a third party, Homewings reserves the right to transfer, sell and/or distribute all information collected through the Service to an affiliate, subsidiary, or third party.
How can Users edit their information?
You have a legal right under the Data Protection Act 1998 to a copy of all the personal information about you held by us. Upon request, we will provide you with a copy of this information, subject to a fee not exceeding the prescribed fee permitted by law.
You also have a right to correct any errors in any information we hold about you. To update your personal info, click My Account at the top of any page. There you can view, update and correct your account information. You may edit your account information at any time -- all you need is your username and password.
Please contact us at email@example.com to find out how to change information you cannot access through your account.Our databases automatically update any Personal Information you edit in your profile, or that you request we edit. Information transmitted through boards, chats, polls or through any other means remains in our databases and becomes the property of Homewings upon submission.
Notification of changes
Data storage and international transfers
Information that you submit via the Site or application may be transferred to countries outside the European Economic Area (“EEA”). For example, this may happen if one or more of our servers are from time to time located in a country outside the EEA or one of our service providers is located in a country outside the EEA. If you make contact with any User featured on the Site, your details may be transferred outside the EEA. If we transfer your details outside the EEA in this way, we will take steps to ensure that your privacy rights continue to be protected. By submitting information via the Site or application, you agree to this storing, processing and transfer.In addition, if you use our Service whilst you are outside the EEA, your information may be transferred outside the EEA in order to provide you with the Service.
You may opt out of receiving communications from us and our partners, remove your information from our database and choose to not receive future communications unrelated to the Service.
If you purchase anything through Homewings, we may occasionally contact you with information about special events, sales, activities, promotions, contests, submission opportunities and programmes. You always have the option to ask Homewings not to contact you with this information again. If you receive unsolicited email from a Homewings-related domain, please contact us at firstname.lastname@example.org.
How can I reach Homewings staff?
If you have technical problems, questions or other issues related to your use of the Service, Site or any Homewings application, please use the chat function found on most pages of the Site. You can also contact us at email@example.com. Homewings’s staff will respond to all requests sent through mail or email from Users interested in knowing more about what personal information is stored on Homewings’s database, or if they want their personal information nullified, or have additional questions regarding privacy.
Homewings Cookie Notice
When you visit websites on the Internet, your browser may automatically transmit information to the websites you visit throughout every visit. Like many websites, we may use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We may utilise persistent cookies that only Homewings can read and use, to save your login information for future logins to the Service, to assist in processing items in your shopping basket, to hold session information and to track user preferences. We may utilise session ID cookies to enable certain features of the Service, to better understand how you interact with the Site and to monitor aggregate usage by our users and web traffic routing on the Service, to track the number of entries in Company promotions, sweepstakes and contests and to identify visited areas of the Site and Service. Unlike persistent cookies, session cookies are deleted from your computer when you log out from the Site and Service and then close your browser.The cookies that we use on our Site are set out below:
Cookie name: Google Analytics (utma, _utmb, _utmc, _utmz)
Purpose: Google analytics cookies are used in order to collect information about how visitors use our Site. All data collected via this cookie is anonymous and non user specific. Information includes the number of visitors to the site, where the visitors have come from and which pages they have viewed. This information is important, as it helps us to improve the performance of our Site and monitor our visitor levels. The _utma and _utmb cookies expire after a maximum period of 2 years, unless cookies are cleared before this date. The _utmc cookie is no longer set and the _utmz cookie expires after 6 months, or less if cookies are cleared prior to this date.
More information: Safeguarding your data, Google Analytics Opt-out Browser Add-on
We may also use retargeting cookies to provide you with personalised adverts or Tasks when you visit other selected websites and we may use Flash cookies (or local shared objects) to store your preferences or display content based upon what you view on our site, to personalise your visit. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you will not be able to use all portions or all functionalities of the Service.
We and our service providers may also use “pixel tags,” “web beacons,” “clear GIFs,” or similar means in connection with the Service and HTML-formatted email messages to, among other things, track the actions of Users and email recipients, to determine the success of marketing campaigns and to compile aggregate statistics about Site usage and response rates. We may also engage one or more third-party service providers to serve online advertisements on our behalf. They may use a “pixel tag” to collect anonymous information about your visits to this Site and to other websites, and they may use that information to target advertisements for goods and services.