Hero

Terms of Use

Last Updated 1st May 2025

Please read these Terms of Use (the “Terms”) and our Privacy Policy (“PrivacyPolicy”) carefully because they govern your use of the website located at https://www.hero.sale and the content and functionalities accessible via the Site (collectively, the“Site”) offered by Hero Industries Ltd under the brand name Hero. (“Hero”), a UK registered limited company.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING(WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND HERO THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 14 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION‎14 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 13 (GOVERNING LAW AND FORUM CHOICE) WILL STILL APPLY.

1.   Agreement to Terms

By using our Site, you agree to be bound by these Terms. If you do not want to be bound by these Terms, do not use the Site.

 

2.   Privacy Policy

Please review our Privacy Policy, which also governs your use of the Site, for information on how we collect, use and share your information.

 

3.   Changes to these Terms or the Site

We may update the Terms from time to time in our sole discretion. If we do, we will let you know by posting the updated Terms on the Site. It is important that you review the Terms whenever we update them or you use the Site. If you continue to use the Site after we have posted updated Terms, it means that you accept and agree to the changes.If you do not agree to be bound by the changes, you may not use the Site anymore. We may change or discontinue all or any part of the Site at any time, and without notice, at our sole discretion.

4.   Who May Use the Site?

You may use the Site only if you are at least 18 years old, capable of forming a binding contract with Hero, and not otherwise barred from using the Site under applicable law.

5.   Feedback

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Site (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

6.   Hero's Intellectual Property

We may make available through theSite content that is subject to intellectual property rights. We or our licensors, or the third parties who otherwise own the intellectual property rights, retain all rights to that content.

7. GeneralProhibitions and Hero's Enforcement Rights

(a)Use, display, mirror, or frame in any way the Site or any individual element within the Site, Hero's name, any Hero trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Hero's express written consent;

(b)Access, tamper with, or use in any way non-public areas of the Site, Hero's computer systems, or the technical delivery systems of Hero's providers;

(c)Attempt to or actually probe, scan, or test in any way the vulnerability of (or lack of vulnerability of) any system or network (collectively, “Systems”),or breach any security or authentication measures, available or accessible through, or related to, the Site;

(d)Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent, in any way, any measure implemented by Hero or any of Hero's providers or any other third party (including another user) to protect the Site or any element thereof of any;

(e)Attempt to or actually access or search the Site, or download content (or any element thereof) from the Site, using any engine, software, tool, agent, device, or other mechanism (including spiders, robots, crawlers, data mining tools or the like) or modality other than the software and/or search agents expressly provided by Hero or other generally available third-party web browsers;

(f)Access or use the Site, or any portion or element thereof, for any commercial purpose or for the benefit of any third party, or in any other manner not permitted by these Terms;

(g)Attempt to or actually decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, or any element thereof, or any of the Systems;

(h)Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or any Systems;

(i)Impersonate or misrepresent your affiliation with any person or entity, including but not limited to Hero or any representative or agent thereof;

(j) Post, upload, publish, submit, or transmit any user-generated content (including listings, comments, profile information, or images) that:

  • is unlawful, defamatory, obscene, offensive, hateful, or inflammatory;
  • promotes violence, discrimination, or illegal activity;
  • infringes any intellectual property or proprietary rights of any party;
  • includes or promotes the sale of counterfeit, replica, or misrepresented items, including false claims about authenticity, origin, condition, or ownership;
  • contains false or misleading information;
  • violates any applicable law or regulation;

Hero provides in-app tools for users to report inappropriate content and block other users. We may take action in response to reports, including reviewing, removing, or restricting content or accounts at our discretion. By submitting content to the Site or Service, you grant Hero a worldwide, non-exclusive, royalty-free licence to use, copy, display, distribute, and adapt such content as reasonably required for the operation and promotion of the Service.

(k)Violate any applicable law or regulation; or

(l)Directly or indirectly encourage or enable any other individual to do any of the foregoing.

Hero is not obligated to monitor access to or use of the Site or to review or edit anySite content. However, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to the Site (or any element or content therein or thereof), at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of theseTerms. We have the right to investigate actual and suspected violations of these Terms and other conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

8.    Links to Third Party Websites or Resources

The Site may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge that you have sole responsibility for, and assume all risk arising from, your use of any third-party resources.

 

9.    Termination

We may suspend or terminate your access to and use of the Site, at our sole discretion, at any time and without notice to you. Upon any termination or discontinuation of the Site or these Terms, the following Sections will survive: 5, 6, 8, 9, 10, 11, 12, 13, 14, and 15.

10. Warranty Disclaimers

(a) THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the Site. Any reliance you place on such information or content is strictly at your own risk.

(b) To the extent theSite enables you to interact with any blockchain protocol (each, a “Protocol”),you understand that your use of any such Protocol is entirely at your own risk.Any such Protocol is available on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement. You assume all risks associated with using any Protocol, and digital assets and decentralized systems generally, including but not limited to, that digital assets are highly volatile; you may not have ready access to assets; and you may lose some or all of your tokens or other assets. You agree that you will have no recourse against Hero for any losses due to your use of any Protocol. For example, these losses may arise from or relate to: (i) lost funds; (ii) server failure or data loss;(iii) corrupted cryptocurrency wallet files; (iv) unauthorized access; (v)errors, mistakes, or inaccuracies; or (vi) third-party activities.

11. Indemnity

You will indemnify and hold Hero and its affiliates and their respective officers, directors, employees, and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way related to (a) your access toor use of the Site, or (b) your violation of these Terms.

 

12. Limitation of Liability

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HERO NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATAOR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HERO OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HERO'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TOUSE THE SITE, EXCEED ONE HUNDRED GBP POUNDS (£100).

(c) BY USING THE SITE,YOU ACKNOWLEDGE THAT THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE MATERIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HERO AND YOU.

13. Governing Law andJurisdiction

These Terms any disputes or claims arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England. Except as otherwise expressly set forth in Section14 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) will be the courts of England and you and Hero each waive any objection to jurisdiction and venue in such courts.

 

14. Dispute Resolution

(a) Informal Dispute Resolution

You and Hero must first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Site (collectively, “Disputes”) informally. Accordingly, neither you nor Hero may start a formal arbitration proceeding for at least sixty (60) days after one party notifies the other party of a claim in writing. As part of this informal resolution process, you must deliver a written notice of any Dispute via email to us at info@hero.sale

(b) Mandatory Arbitration of Disputes

We each agree that any Dispute will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. You and Hero agree that the UK ArbitrationAct 1996 governs the interpretation and enforcement of these Terms, and that you and Hero are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

(c) Exceptions

As limited exceptions to Section 14(b)above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

(d) Conducting Arbitration andArbitration Rules

The arbitration will be conducted by TheLondon Court of International Arbitration (“LCIA”) under its ConsumerArbitration Rules (the “LCIA Rules”) then in effect, except as modified by these Terms. The LCIA Rules are available at https://www.lcia.org/A party who wishes to start arbitration must submit a written Demand forArbitration to LCIA and give notice to the other party as specified in the LCIARules.

Any arbitration hearings will take place in the county where you live, with provision to be made for remote appearances to the maximum extent permitted by the LCIA Rules, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.

(e) Arbitration Costs

Payment of all filing, administration and arbitrator fees will be governed by the LCIA Rules, and we will not seek tore cover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute is without merit. If we prevail in arbitration, we will pay all of our legal fees and costs and will not seek tore cover them from you. If you prevail in arbitration you will be entitled to an award of your legal fees and expenses to the extent provided under applicable law.

(f) Injunctive and Declaratory Relief

Except as provided in Section 14(c)above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

(g) Class Action Waiver

YOU AND HERO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOTAS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if a Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of are presentative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

(h) Severability

With the exception of any of the provisions in Section 14(g) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of theseTerms is invalid or unenforceable, the other parts of these Terms will still apply.

15. General Terms

(a) Reservation of Rights

Hero and its licensors exclusively own all right, title, and interest in and to the Site, including all associated intellectual property rights. You acknowledge that the Site is protected by copyright, trademark, and other laws of England and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site.

(b) Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Hero and you regarding use of the Site, and these Terms supersede and replace all prior oral or written understandings or agreements between Hero and you regarding the Site. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Hero's prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null and void in its entirety. Hero may freely assignor transfer these Terms without restriction. Subject to the foregoing, theseTerms will bind and inure to the benefit of the parties, their successors, and any permitted assigns.

(c) Notices

Any notices or other communications provided by Hero under these Terms will be given by posting to the Site.

(d) Waiver of Rights

Hero's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Hero.Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

16. Contact Information

If you have any questions about these Terms or the Site, please contact Hero at info@hero.sale