Last updated on: 01 September 2022
The terms of this agreement (“Terms”) govern the relationship between you as a user of our Services (“User” or “you”) and Digitally Inspired Ltd. (hereinafter “ the “DI“, “We” or “Us“) registered under the laws of the Great Britain and Northern Ireland (the UK) and located at Guildford, United Kingdom 2 Bell Court Leapale lane, GU1 4LY, VAT number: GB201067170, Company number: 09348890.
These Terms regard to your usage of DI Services, which include the website digitallyinspired.com and all related pages (“Website”), collectively referred as the “Services”.
To the extent the Terms or the Policy conflict with any other DI terms, policy, rules or codes of conduct, the terms contained in these Terms of Services and in the Policy shall prevail.
1. General provisions
1.1. Scope of the Services
Our Website is the online platform which is designed for getting acquainted with the activities of the company, showing our projects and experience.
In particular, we provide you with access to our content, such as:
- the list of our services;
- information about our company and team, as well as the list of the active vacancies;
- the links to our social media;
- our address, e-mail and other information about us.
DI reserves the right to update the Services in any way at its sole discretion. These Terms will also apply to any updates, enhancements, and new features on the Services not expressly mentioned hereunder and implemented after these Terms became effective.
1.2. Accessing the Services
The Website is intended for persons above the age of legal majority. If you are under the age of 18 (or under other age of majority under the law of your country), you may use the Website only with the consent of your legal guardian (parents or principal). You represent and warrant that your legal guardian has read, understood and agreed to this Terms.
1.3. Suspension and Termination of Services
DI may limit, suspend, terminate, modify access to the Services or portions thereof if you are, or DI suspects that you are:
- failing to comply with any of these Terms or for any actual or suspected illegal or improper use of the Services, with or without notice to you;
- creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our Terms or policies.
DI reserves the right to stop offering and/or supporting the Services or part of the Services at any time either permanently or temporarily, at which point your license to use the Services or a part thereof will be automatically terminated or suspended. In such an event, DI shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Services.
1.4. Third-Party Links
You may have an opportunity to leave the Services via the links to third-party websites and services. For instance, we may provide you with links to our profiles in social media. Such third-party links are not under the control of DI, and DI is not responsible for them. We may provide you with these links only for your convenience, and the inclusion of any such link does not imply the endorsement by DI of such third-party websites.
You use all third-party links at your own risk. You should apply a suitable level of caution when doing so. When you click on any of the third-party links, the applicable third party’s terms and privacy policies apply. We recommend you read any such terms and policies carefully before using the respective third-party websites and services.
2. License to the User
2.1. Grant of a Limited License to Use the Services
DI grants you a non-exclusive, non-transferable, revocable, worldwide, limited license to access and use the Services solely for your own non-commercial purposes. You agree not to use the Services for any other purpose.
DI reserves all rights, including all intellectual property rights or other proprietary rights in connection with the Services, since the Services are the property of the DI or its third-party licensors.
The Services shall include without limitation any titles, computer code, themes, objects, concepts, artwork, animations, sounds, audio-visual effects, methods of operation, documentation, other intellectual property, published on the Website.
2.2. License Limitations
Any usage of the Services in violation of these Terms, as well as attempts to use, encourage or assist any other person to use the Services in such a way, is strictly prohibited and can result in the immediate restriction of your access to the Services. By using the Services, you agree not to:
- Without DI’s express written consent, use the Services or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) exploiting the materials from the Website in any way, including, by (sub)licensing, (re)selling, transferring, assigning, distributing the Services to any third party in any way;
- Transmit unauthorised communications through the Services, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items.
- Copy, modify or distribute rights or content from the Services or use any method to copy or distribute the content of the Services except as specifically allowed in these Terms.
- Attempt to “frame” or “mirror” the Website or any material contained on or accessible from the Website without prior written permission of DI.
- Use the Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation.
3. Disclaimers / Limitations / Waivers / Indemnification
No provisions of these Terms will prejudice the statutory rights that you may have as a consumer of the Services. The laws of some countries and jurisdictions do not allow the exclusion of some kinds of warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.
3.1. Disclaimers and Limitations of Liability
Disclaimer as to the warranties on the Services’ operation
You expressly agree that use of the Services is at your sole risk and is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose, except only to the extent prohibited under applicable law with any legally required warranty period to the shorter of thirty days from first use or the minimum period required.
Without limiting the foregoing, neither DI nor its affiliates or subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors (collectively, “DI parties”) warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, Services, information, or other material obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.
Disclaimer as to the warranties regarding the damages that may be caused to you
You acknowledge and agree that, to the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to all damages or injury caused by or related to use of, or inability to use, the Services under any cause, including, without limitation, actions for breach of warranty, breach of contract or tort.
DI parties shall not be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or inability to use the Services.
DI shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of DI, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond DI’s control such as war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
You agree to indemnify, save, and hold DI and DI parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by you of these Terms, or any breach of the obligations, representations and warranties that you made.
DI reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify DI, and you agree to cooperate with DI’s defence of these claims. DI will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
4. Intellectual Property
The visual interfaces, graphics, design, compilation, information, data, computer code, any software, articles, information, pictures, designs, logos, trademarks, and any other materials available on the Website constitute the intellectual property of DI and its partners. DI and its partners retain all the rights, title, and interest in and to their intellectual property.
You shall not use our intellectual property for any purposes or in any manner other than allowed hereunder. In particular, you are prohibited from selling or exploiting our intellectual property for your own commercial purposes unless we provide you with explicit consent.
Access to the results of intellectual activity posted within the Service is provided by DI exclusively for personal non-commercial use without the right to public demonstration or notification, reproduction, any processing or adaptation, distribution or disclosure, sale, and without the right to any other use unless provided for in the Terms.
Any use of the Service or the deliverables published thereon, except as permitted by the Terms, is strictly prohibited.
DI has the right to remove from the Service at any time any deliverables published thereon, as well as to publish any new deliverables.
DI may assign or delegate its rights and obligations under these Terms, in whole or in part, to any person or entity at any time with or without your consent.
5.2. Entire Agreement
DI may publish additional policies related to Services, such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such Services is subject to those specific policies and these Terms.
You will be considered as having accepted such changes if you continue to use the Services after the amendments are made. If at any point you do not agree to be bound by the current version of the Terms, please stop using the Services.
5.4. Applicable Law and Dispute Resolution
The Terms and other relationships between you and the DI shall be governed by the laws of England and Wales.
All disputes and disagreements that might arise from these Terms shall be resolved through negotiations. For the purposes of the settlement of such disputes, e-mail correspondence with the authorised persons of the DI shall be the effective and binding method of communication.
If the dispute cannot be resolved through negotiation within 30 calendar days, it shall be referred to and finally resolved by the appropriate court under the laws of England and Wales.
5.5. Contact Information
If you have any questions concerning the DI or the Terms, please contact us by email at firstname.lastname@example.org.
Thank you for taking the time to read our Terms.