What’s in these terms?

These terms tell you the rules for using our websites at viability.site, hesti.co.uk, and all associated webpages, (our “sites” or “websites”).

  1. Who we are and how to contact us

The sites are operated by Hesti Ltd. We are registered in England and Wales under company number 14461670 and have our registered office at Maythorn Farm, Brockhampton, Hereford, HR1 4TQ. We are a limited company. To contact us, please email admin@viability.site.

1.1. These terms of use represent the understanding between you and us in relation to the use of our websites and supersedes any other written or oral agreement in relation to its use. If you do not agree to these terms of use, then you must not use the sites.

  1. By using our sites you accept these terms

2.1. By using our sites, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our sites. In addition, when accessing our sites you shall be subject to any posted guidelines or rules applicable to our sites, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these terms. We recommend that you print a copy of these terms for future reference.

  1. There are other terms that may apply to you

3.1. These terms of use refer to the following additional terms, which also apply to your use of our sites:

3.1.1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our sites, you consent to such processing and you warrant that all data provided by you is accurate.

3.1.2. Our Cookie Policy, which sets out information about cookies on our sites.

3.1.3. If you purchase our subscription services from our sites, our General Terms & Conditions of service will apply to such service.

  1. We may make changes to these terms

4.1. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in May 2024.

  1. We may make changes to our sites

5.1. We may update and change our sites from time to time to reflect changes to our products, our users’ needs and our business priorities.

  1. We may suspend or withdraw our sites

6.1. We do not guarantee that our sites, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our sites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. Our sites are directed to people residing in England and Wales in the United Kingdom. We do not represent that content available on or through our sites is appropriate for use or available in other locations.

6.2 Without prejudice to other provisions of these terms, We may immediately terminate or suspend Your access to the sites without notice if You breach any of Your obligations or restrictions under these terms.

  1. Creation of a user account

7.1. A user account can only be created when your business purchases User Subscriptions and assigns such subscriptions to Authorised Users.

7.2. User accounts may be created by us for you (when you are an Authorised User), or by you (when you are an Authorised User), depending on the Services purchased and the purchase method followed.

7.3. You may be invited to provide certain identification data the first time you log in.

7.4. We refer to the information used to create an account as “account information”. You agree to provide only accurate and complete information when creating or updating your user account information.

  1. Accessing your user account

8.1. In order to access our Services and benefit from certain website services, you must login to your user account. Account information is personal and confidential. Users are responsible for keeping it secret and must not disclose it to any third party in any form or for any reason whatsoever. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user account details or password, you must promptly notify us at admin@viability.site.

8.2 Your user account password is modifiable within your user account. You and the organisation you represent are responsible for the use of your account information and you undertake to do everything possible to keep it secret and not to disclose it to anyone, in any form whatsoever and for any reason whatsoever. If you forget your password, you can generate a new one by using the functionality available in the website Services.

8.3. You are solely responsible for the activity that occurs on your user account and will be responsible to keep your login information secure.

8.4. If you have reason to believe that a person is fraudulently using your account information or your user account, you must immediately inform us by e-mail at the following address admin@viability.site.

8.5. You may not use any other user account without permission. A user account may not be shared, transferred, or sold to other parties, nor are they to be used by or made available to any person or entity except the Authorised User to which it is assigned.

  1. How you may use material on our sites

9.1. We are the owner or the licensee of all intellectual property rights in our sites, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Subject to the rules and guidance which are displayed on our sites, you may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our sites.

9.2. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our sites must always be acknowledged. You must not use any part of the content on our sites for commercial purposes without obtaining a licence to do so from us or our licensors.

9.3. Content can be used for commercial discussion but it must never be reproduced or sold for commercial gain. If you print off, copy or download any part of our sites in breach of these terms of use, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  1. Do not rely on information on these sites

11.1. The content on our sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our sites. Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our sites is accurate, complete or up to date.

  1. We are not responsible for websites we link to

11.1. Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

  1. Our responsibility for loss or damage suffered by you whether you are a consumer or a business user:

12.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

12.2. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our General Terms & Conditions.

  1. If you are a business user:

13.1. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on them.

13.2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our sites; or
  • use of or reliance on any content displayed on our sites.

13.3. In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

  1. If you are a consumer user:

14.1. Please note that we only provide our sites for domestic and private use. You agree not to use our sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.2. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

  1. We are not responsible for viruses and you must not introduce them

15.1. We do not guarantee that our sites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our sites. You should use your own virus protection software. You must not misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.

15.2. You must not attempt to gain unauthorised access to our sites, the server on which our sites are stored or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our sites will cease immediately.

  1. Rules about linking to our sites

16.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our sites in any website that is not owned by you. Our sites must not be framed on any other site, nor may you create a link to any part of our sites other than the home page.  We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our sites other than that set out above, please contact admin@viability.site.

  1. User Content

17.1. By submitting information, details, data, text, photos, graphics or any other content whatsoever to us in connection with your use of the sites (“User Content”), you grant us a nonexclusive, royalty-free, sublicensable, perpetual and worldwide licence to use that User Content at our own discretion.

17.2. You promise us that any User Content you submit to us via the sites will not infringe the intellectual property rights or any other rights of any third parties.

17.3. You agree that you will not submit any User Content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our terms. You also agree not to submit any User Content that is false and misleading or uses the sites in a manner that is fraudulent or deceptive. We will not be responsible or liable to any third party for User Content or the accuracy of any materials submitted by you or any other users of the sites.

17.4. You agree that we can edit or take down from the sites any User Content you submit to us without notice if we believe it is in breach of these terms. You are responsible for keeping copies of your User Content, and we will not make any backup copies or return any User Content to you when you cease to use the sites for any reason (including where you choose to and also where your use or access has been suspended, disabled or terminated).

17.5. You acknowledge and agree that, although we use reasonable efforts to alert users of the sites that they may not misuse your User Content, we cannot guarantee this and accept no liability to you if it is misused by third parties.

  1. Which country’s laws apply to any disputes?

18.1. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.