SIGNATURIZE – WEBSITE TERMS OF USE

Signaturize Limited is a company registered in England under company number 11520841, with its registered office at The Refinery, 13 Radnor Walk, Chelsea, London, United Kingdom, SW3 4BP, VAT number 317288293 and main trading address at Cranmore House, Suite D, 611 Lisburn Rd, Belfast, BT9 7GT (the “Company“). The Company operates the website: https://www.signaturize.com/ (the “Website“).

Understanding these terms of use

These terms of use (these “Terms“) describe how you may access and use the Website.

When certain words and phrases are used in these Terms, they have specific meanings (these are known as “defined terms“). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

In these Terms, when we refer to “we“, “us” or “our“, we mean the Company; and when we refer to “you” or “your” we mean you, the person accessing or using the Website. Please note:

if you are acting for purposes that are wholly or mainly outside your trade, business, craft or profession, you are acting as a consumer; or

if you are acting for purposes relating to your trade, business, craft or profession, then you are acting in the course of a business.

Please note, however, that certain services made available by us are governed by additional terms and conditions, including:

any use of our mobile application (the “App“), which is governed by our end user licence agreement (available here) (the “EULA“);

any subscription for our services taken out by a business, which is governed by our subscription terms applicable at the time a subscription is taken out (the “Subscription Terms“);

any account for our services taken out by a consumer (the “Account“), which is governed by our account terms applicable at the time an account is registered (available here) (the “Account Terms“);

the Website uses cookies, the use of which are governed by our cookies policy (available here); and

we only use your personal information in accordance with our privacy policy (available here).

The Website

The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.

The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.

If you are a consumer, you may only use the Website for your own domestic, private and non-commercial use.

Your subscription or account

If you are a consumer that wishes to subscribe for our services for non-commercial use, then you will need to register an account with us through our App or the Website. As part of the account registration process, you will be required to review and accept the Account Terms which shall form a binding contract between you and us.

If you are a business that wishes to subscribe for our services, then you will need to contact us at support@signaturize.com to register an account in order to subscribe for, and access, those services.

Acceptable use

General

You agree:

not to use the Website in any way that breaches these Terms or any applicable local, national or international law or regulation;

not to copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so in these Terms or any applicable Subscription Terms or Account Terms;

not to do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website

      1. not to use the Website to develop or provide, directly or indirectly, any product or service that competes with our business;
      2. not to infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use if not licensed under these Terms);
      3. not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website;
      4. not to use the Website by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Website for use within a third-party website or application;
      5. not to collect or harvest any information or data from the Website or our systems or attempt to decipher any transmission to or from the servers running the Website;
      6. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website or its contents, or attempt to do any such thing; and

to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Website.

Viruses

We do not guarantee that the Website will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit 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 the Website will cease immediately.

Intellectual property

We are the owner or licensee of all intellectual property rights in the Website and its content and the “Signaturize” name and mark. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms (unless expressly authorised to do so under any applicable Subscription Terms or Account Terms). Save as set out in any applicable Subscription Terms or Account Terms, you must not use the Website (or any part of it or its content) for commercial purposes; however, you may download material from the Website solely for non-commercial, personal use by you.

No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent (unless you are expressly authorised to do so under any applicable Subscription Terms or Account Terms).

Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to buy products from us or to apply to subscribe for our services). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us.

Liability

Nothing in these Terms excludes or limits our liability for:

death or personal injury caused by our negligence;

fraud or fraudulent misrepresentation; and

any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

We assume no responsibility for the content of websites linked to from the Website (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

The Website may contain inaccuracies or typographical errors. We make no representations about the reliability, availability, timeliness or accuracy of the content included on the Website.

If you are acting in the course of a business

If you are acting for purposes relating to your trade, business, craft or profession, then subject to clause 6.1:

in no event shall we be liable to you for any loss of profits, loss of revenue, loss of contracts, failure to realise anticipated savings or for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise; and

our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100.

You shall indemnify and hold us harmless against any losses, costs, liabilities and expenses suffered or incurred by us and/or our affiliates as a result of any breach of these Terms.

If you are a consumer

If you are acting for purposes that are wholly or mainly outside your trade, business, craft or profession then, save as set out in clause 6.1, the following sub-clauses shall apply.

Our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100.

Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.

We only supply the Website to you for domestic and private use. You agree not to use the Website, or any content on the Website, 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.

Suspension and termination

If you breach any of these Terms or any terms of any EULA, Subscription Terms or Account Terms applicable to you, we may immediately do any or all of the following (without limitation):

issue a warning to you;

temporarily or permanently withdraw your right to use the Website;

issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);

take further legal action against you; and/or

disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.

suspend or terminate your Account.

Changes to these Terms

We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms). Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use the Website.

Other important information

Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

If you are acting as a consumer (i.e. you are acting for purposes that are wholly or mainly outside your trade, business, craft or profession) and wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.

Governing law and jurisdiction

If you are acting in the course of a business

    1. If you are acting in course of a business, then the following sub-clauses shall apply.
      1. These Terms shall be governed by English law.
      2. We and you agree that any dispute (contractual or non-contractual) arising out of or in connection with these Terms including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the London Court of International Arbitration, which rules are deemed to be incorporated by reference into this clause 10.1.
      3. The number of arbitrators shall be three.
      4. The seat, or legal place, or arbitration shall be London.
      5. The language to be used in the arbitral proceedings shall be English.
      6. Nothing in this clause 10.1 shall restrict either Party’s right to seek equitable relief anywhere in the world for breach of that party’s Intellectual Property Rights.

If you are a consumer

    1. If you are acting as a consumer then the following sub-clauses shall apply.

These Terms are governed by the laws of England and Wales. This means that your access to and use of the Website, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by the laws of England and Wales.

You may bring any dispute which may arise under these Terms to – at your discretion – either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court – competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is in an EU Member State, or otherwise the competent court of England.

If you are resident in the European Union and we direct this Website to the member state in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including clause 10.2.1, affects your rights as a consumer to rely on such mandatory provisions of local law.

Contacting us

Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by clicking here or by using the following details:

Address: The Refinery

13 Radnor Walk

Chelsea

London

United Kingdom

SW3 4BP

Email address: support@signaturize.com

Telephone number: +44 (0) 20 3051 2775

Thank you.

Terms last updated 29th May 2020