Last Updated: May 5, 2023
If you are contracting with HubSpot UK Holdings Limited, then the following provisions (the “United Kingdom - Jurisdiction Specific Terms”) apply to you and are included as part of the Agreement . In the event of a conflict between the ‘United Kingdom - Jurisdiction Specific Terms’ and the terms otherwise set forth in this Agreement, the ‘United Kingdom - Jurisdiction Specific Terms’ will control.
a. Compliance with Laws.
The first sentence in the ‘Compliance with Laws’ section of the General Terms is replaced with the following:
"We will comply with all UK laws in our provision of the Subscription Service, the Consulting Services, and our processing of Customer Data."
b. DISCLAIMERS; LIMITATION OF LIABILITY.
The following section is added as new clause 10.2A to the ‘DISCLAIMERS; LIMITATION OF LIABILITY section of the Agreement:
10.2A Liability which cannot legally be limited. Nothing in this Agreement limits or excludes any liability which cannot legally be limited or excluded, including but not limited to liability for: (i) death or personal injury caused by negligence; and (ii) fraud or fraudulent misrepresentation.
c. No Third Party Beneficiaries.
The following is added to the 'No Third Party Beneficiaries' section of the General Terms:
This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
d. Contract for Services.
This Agreement is a contract for the provision of services and not a contract for the sale of goods. The parties agree that the Sale of Goods Act 1979, or any substantially similar legislation as may be enacted, and the United Nations Convention on Contracts for the International Sale of Goods will not govern this Agreement or the rights and obligations of the parties under this Agreement.