1. Introduction
Welcome to the Terms and Conditions page of HIK CAPITAL HOLDINGS LTD ("HIK CAPITAL HOLDINGS LTD", "we", "us", or "our"). These Terms and Conditions (the "Terms") outline important information governing your use of our website located at https://hikcapital-holdings.site/ (the "Website") and our software solutions, platforms, and related services.
HIK CAPITAL HOLDINGS LTD is a software development company located at 85 Ribblesdale Road, Birmingham, United Kingdom, B30 2YS, specialising in ready-made interactive leisure and entertainment software, as well as business and domestic software development solutions. By engaging with our Website or services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
If you do not agree with any part of these Terms, you must discontinue using the Website and our services immediately.
2. Acceptance of Terms
By accessing, browsing, or using the Website https://hikcapital-holdings.site/, submitting a project inquiry, entering into a service agreement with us, or using any software products or solutions that we develop, license, or distribute (collectively, the "Services"), you:
- Confirm that you have the legal capacity to enter into a binding agreement;
- Agree to comply with and be legally bound by these Terms, as amended from time to time;
- Acknowledge that these Terms form a legal agreement between you and HIK CAPITAL HOLDINGS LTD in relation to your use of the Website and Services.
Your continued use of the Website or Services following the posting of updates or changes to these Terms will be deemed acceptance of those changes.
3. Definitions
For the purposes of these Terms, the following definitions apply:
- "Company" means HIK CAPITAL HOLDINGS LTD, a company established in the United Kingdom with its principal place of business at 85 Ribblesdale Road, Birmingham, United Kingdom, B30 2YS.
- "Website" means the website operated by the Company at https://hikcapital-holdings.site/ and any subdomains associated with it.
- "Services" means all software development, consulting, integration, support, and related professional services provided by the Company, including but not limited to ready-made interactive leisure and entertainment software, user-interactive systems, and customised business and domestic software solutions.
- "User" or "you" means any individual or legal entity that accesses or uses the Website, contacts us for information, or engages with the Company in respect of the Services.
- "Client" means any User who enters into a written or electronic agreement, proposal, order form, or statement of work with the Company for the provision of Services.
- "Software Products" means any software, applications, tools, digital content, interactive entertainment products, user interfaces, and related documentation that are developed, licensed, distributed, or otherwise made available by the Company, whether as ready-made products or custom-built solutions.
- "Content" means all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, code, documentation, and other materials displayed on, or made available through, the Website or Services.
4. Eligibility and User Obligations
4.1 Eligibility
To access and use the Website or engage HIK CAPITAL HOLDINGS LTD for Services, you must:
- Be at least 18 years of age, or have reached the age of majority in your jurisdiction;
- Have the full legal authority to bind yourself or, where applicable, the business or organisation you represent;
- Use the Website and Services in compliance with all applicable laws and regulations in your country of residence or operation.
4.2 User responsibilities
As a User or Client, you agree to:
- Provide accurate, current, and complete information when contacting us or entering into any agreement, including details relevant to your project or software requirements;
- Promptly update us if any information you have provided changes, so we can maintain accurate records for project delivery and communications;
- Use the Website and Software Products only for lawful purposes and in accordance with these Terms and any additional contract or licence terms provided by the Company;
- Implement appropriate technical and organisational measures on your own systems (including secure passwords, access controls, and backups) when using our Software Products or Services;
- Not attempt to gain unauthorised access to any portion of the Website, servers, networks, or Software Products;
- Not engage in any activity that could interfere with or disrupt the proper functioning, security, or performance of the Website, our infrastructure, or our Software Products;
- Ensure that any content, data, or materials you supply to us for use within a Software Product or project do not infringe the rights of any third party and comply with applicable laws.
You are responsible for all activities carried out under your authority when using the Website or Services, including activities undertaken by your employees, contractors, or authorised representatives.
5. Service Provision
5.1 Scope of services
HIK CAPITAL HOLDINGS LTD provides specialised software development and related services, including without limitation:
- Design, development, and distribution of ready-made interactive applications and entertainment software products for leisure and engagement;
- Creation of user-interactive systems, interfaces, and digital experiences tailored to entertainment and experiential use cases;
- Development of bespoke business software solutions, including internal systems, workflow automation tools, dashboards, and integration layers to support operational efficiency;
- Development of domestic and everyday-use software solutions designed for households, individuals, and non-commercial environments;
- Configuration, customisation, and adaptation of existing Software Products to meet specific Client requirements, where agreed in writing;
- Ongoing support, maintenance, and updates for Software Products where such services are expressly included in the relevant contract or service level agreement.
5.2 Engagement and project terms
The specific scope, deliverables, timelines, and commercial terms for any project will be set out in a separate written agreement, proposal, quotation, or statement of work between the Company and the Client. In the event of any inconsistency between these Terms and the specific project agreement, the project agreement will prevail to the extent of the inconsistency for that particular engagement.
Unless otherwise expressly agreed:
- All delivery dates are estimates and not guarantees; and
- The Company may utilise agile or iterative development methodologies, with milestones and acceptance criteria defined in collaboration with the Client.
5.3 Availability and changes
We endeavour to ensure that the Website and our Software Products are available and operating correctly. However, we may suspend, modify, or discontinue any part of the Website or Services at our discretion for maintenance, security, technical, or operational reasons. Where reasonable and practicable, we will provide advance notice to Clients of material changes or planned disruptions affecting contracted Services.
6. Intellectual Property Rights
6.1 Ownership
Unless otherwise agreed in a written contract, all intellectual property rights in and to the Website, the Services, and the Software Products, including but not limited to source code, object code, algorithms, technical designs, architecture, user interfaces, graphics, audio-visual elements, documentation, and related materials (collectively, the "Company IP"), are and shall remain the exclusive property of HIK CAPITAL HOLDINGS LTD or its licensors.
Nothing in these Terms or your use of the Website or Services grants you any ownership rights in the Company IP. All rights not expressly granted to you under these Terms or a separate written contract are reserved by HIK CAPITAL HOLDINGS LTD.
6.2 Licences to clients
Where the Company delivers Software Products to a Client, the Client is granted a limited, non-exclusive, non-transferable, and revocable licence to use such Software Products strictly in accordance with:
- The terms of the applicable software licence or service agreement; and
- The permitted purpose, environment, and number of users specified in that agreement.
Clients may not copy, modify, adapt, translate, distribute, sell, lease, sublicense, reverse engineer, decompile, or disassemble any Software Products or Company IP except to the extent permitted by applicable law or explicitly authorised in writing by the Company.
6.3 Client materials
Any content, data, trademarks, or materials supplied by the Client for incorporation into a Software Product or for use in connection with the Services shall remain the property of the Client or its licensors. The Client grants the Company a non-exclusive, worldwide, royalty-free licence to use, reproduce, and modify such materials solely for the purpose of providing the Services and delivering the agreed Software Products.
7. Third-Party Content and Links
7.1 Third-party software and components
Our Software Products and Services may incorporate or interact with third-party software, open-source components, libraries, frameworks, application programming interfaces (APIs), or platforms (collectively, "Third-Party Components"). Use of such Third-Party Components may be subject to separate licence terms or conditions imposed by the respective third-party providers or open-source licences.
Where required, we will provide or reference the relevant licence information for Third-Party Components used within a Software Product. By using our Software Products, you agree to comply with any applicable third-party terms that govern such components.
7.2 External links
The Website may contain links to third-party websites, resources, or services that are not owned or controlled by HIK CAPITAL HOLDINGS LTD. These links are provided for convenience and informational purposes only. We do not endorse, monitor, or assume responsibility for:
- The content, accuracy, or policies of any third-party websites or resources;
- Any products or services offered by third parties; or
- Any loss or damage that may arise from your use of third-party websites or resources.
Accessing any third-party website or resource linked from our Website is at your own risk. We recommend that you carefully review the terms and privacy policies of any third-party services you use.
8. Limitation of Liability
8.1 General principles
To the maximum extent permitted by applicable law, HIK CAPITAL HOLDINGS LTD, its directors, officers, employees, contractors, and affiliates shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or for any loss of profits, revenue, business, data, or anticipated savings, arising out of or in connection with:
- Your use of, or inability to use, the Website, the Services, or any Software Products;
- Any failure, interruption, or performance issues affecting the Website, networks, or infrastructure used to deliver the Services;
- Any unauthorised access to, or alteration, loss, or destruction of, your data or content, except where caused directly by the Company’s gross negligence or wilful misconduct;
- Any reliance placed on information or materials provided on the Website or through the Services.
8.2 Software performance and data loss
While we aim to design and deliver reliable Software Products, no software is entirely free from defects or downtime. Accordingly, we do not warrant that:
- The Software Products will be completely error-free, uninterrupted, or immune from vulnerabilities; or
- Any defects or issues will be corrected within a specific timeframe, unless otherwise agreed in a written service level agreement.
You are responsible for maintaining appropriate backup, redundancy, and recovery mechanisms for your own systems and data. The Company shall not be liable for any loss, corruption, or inaccessibility of data arising from your use of the Software Products, except to the extent expressly provided in a separate written agreement.
8.3 Cap on liability
Where liability cannot be excluded under applicable law, the total aggregate liability of HIK CAPITAL HOLDINGS LTD arising out of or in connection with these Terms, the Website, the Services, or any Software Products, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in all circumstances be limited to the greater of:
- The total fees actually paid by the Client to the Company for the specific Services giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim; or
- One hundred pounds sterling (£100.00), where no fees have been paid.
Nothing in these Terms shall limit or exclude any liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
9. Modification and Termination
9.1 Changes to these terms
HIK CAPITAL HOLDINGS LTD reserves the right to update, revise, or otherwise modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page and may, where appropriate, provide additional notice via the Website or by direct communication to Clients.
Your continued use of the Website or Services after the revised Terms have been posted will constitute your acceptance of the updated Terms. If you do not agree with any changes, you must stop using the Website and Services.
9.2 Suspension or termination of access
We may, at our discretion and without liability, suspend or terminate your access to the Website or Services, in whole or in part, if:
- We reasonably believe that you have breached these Terms or any applicable law;
- Your use of the Website or Services poses a security risk or may adversely impact our infrastructure or other users;
- We are required to do so by law, regulation, or a competent authority; or
- We decide to discontinue all or part of the Website or specific Services.
Where commercially reasonable, we will provide prior notice of suspension or termination to Clients whose ongoing agreements may be affected.
9.3 Effect of termination
Upon termination of your access to the Website or Services for any reason:
- Any licences granted to you under these Terms will immediately cease, unless otherwise provided in a separate written agreement;
- You must discontinue all use of the Website and Software Products that rely on access rights or services that have been terminated;
- Any provisions of these Terms which, by their nature, are intended to survive termination (including, without limitation, provisions relating to intellectual property, confidentiality, limitation of liability, and dispute resolution) shall continue in full force and effect.
10. Contact Information
If you have any questions about these Terms and Conditions, wish to request further details regarding our Service terms, or need clarification on how they apply to your specific project or use case, please contact us using the details below:
For general information about our company, solutions, and engagement models, you can also explore the About, Services, Solutions, and Contact Us pages on this Website.