SCRIPTLOCK TERMS AND CONDITIONS
1.1 Please read these terms and conditions carefully before using this website.
1.2 This website ('the website') is operated by Datawing Limited ('The Company', 'our', 'we' or 'us'). The Company is registered in England and Wales under Company Number: 07650812. The registered office of the Company is at 85 Church Road, Hove, East Sussex. BN3 2BB.
1.3 By using the website in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the website, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the website.
1.4 If you do not wish to be legally bound by all of these terms and conditions then you may not use our website.
1.5 If you are under eighteen (18) years old or are unable to be legally bound by this agreement then you may not use our website.
2. Nature of our website
2.1 This website provides software as a service (SaaS) for individuals and organisations ('services'). The services may also be offered through mobile applications, desktop applications and other channels.
3. Registering on our website
3.1 To use the services provided by the website you must first register. The registration procedure is described in detail on our website.
3.3 When you register on our website we will create an account for you. This account is for your exclusive use under the terms of this contract. You should not allow anyone else to use your account for the purposes of accessing our website.
3.4 When you register, you will have to choose a password. This password is personal to you alone and you should not disclose it to anyone else. You will need to use the password to access the website and use our facilities and services. You should not allow anyone else to use your password for the purposes of accessing our website, and you should let us know if you think that anyone else has discovered your password or if you think that your password is, or may be, used in a way that is not allowed under these terms and conditions.
4. Information you provide to us
4.1 The following applies to any information you provide to us, for example during any registration or purchasing process:
(a) You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our 'Partner Companies'). These Partner Companies may be located in countries outside the EEA that do not have laws to protect your information. Details of the companies and countries involved in your case (if any) will be provided on request. If you would like to request such information, then you should email us at email@example.com or use the "Support" facility on the website.
(c) You must ensure that the Personal Information you provide is accurate and complete and that all registration and purchasing details (where applicable) contain your correct name, address and other requested details. You guarantee that when using our website you will not impersonate anyone other than yourself nor use a false name or false address or any other personal information that is not true or which you are not entitled to use.
4.2 By accepting these terms and conditions, you agree to the processing and disclosure of your Personal Information for the Purposes.
4.3 If you would like to review or modify any part of your Personal Information, then you can do this by logging into the datawing.com website and using the "Account" link.
5. Modifications to the website and service
5.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or its content or our services, including your access to it. Unless explicitly stated to the contrary, any new features including new content, and/or the offering of new services and/or the release of new software tools or resources shall be subject to these terms and conditions.
6. Usage of the website and services
6.1 You warrant and undertake that you will not use our website or services for any purpose that is illegal or prohibited by these terms and conditions. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.
6.2 You must not attempt to interfere with the proper working of our website and must not use the website or services in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
6.3 You must not use the website or services for any of the following:
6.3.1 for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
6.3.2 to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses or any "spam"
6.3.3 to cause annoyance, inconvenience or needless anxiety
6.4 You may not transfer your account to another party without our consent
7. Subscription, Payment and Termination
7.1 In order to use the services provided by us, you or your organisation must pay for a subscription. Different subscription plans are available that cover specific services, combinations of services or add-ons and may have usage limits or other conditions attached. Payment for subscriptions is made using Paypal from the websites Account or Settings page when you are logged in. Alternate payment methods may be available for certain subscriptions at the discretion of the company.
7.2 Payment for a given subscription term must be made on or before the start of the subscription term.
7.3 Where payment is made using PayPal the subscription shall automatically renew for the subscription term unless you or the Company terminates the subscription.
7.4 If payment is not received on or before the start of the subscription term then the subscription will be deemed lapsed and access to services provided under the subscription will be suspended.
7.5 If your current usage reaches any of the limits laid down by your current subscription product then you will be prevented from uploading or entering further data until a subscription with greater limits is purchased.
7.6 If your current usage significantly exceeds (by more than 10%) any of the limits laid down by your current subscription product then services provided under the subscription will be suspended until a subscription with greater limits is purchased.
7.7 If a subscription remains lapsed or suspended for more than 28 days then it may be deemed terminated for the purposes of this agreement.
7.8 You may cancel your subscription at any time using the websites Account or Settings page when you are logged in, or by cancelling the subscription from you PayPal account.
7.9 Cancelling your subscription before the end of the subscription term for which a payment has been made does not obligate the Company to refund any amount to you.
7.10 You may downgrade your subscription if and only if your current usage is within the limits laid down by the new subscription product. The new subscription payment amount and limits will take effect at the end of the current subscription term.
7.11 You may upgrade your subscription at any time. When you do so the new subscription limits will take immediate effect and the new payment amount will take effect from the end of the current subscription term.
7.11 Free or trial subscriptions are provided at the discretion of the Company and do not in any way imply or convey to you a continued right to use the website or services for free.
7.12 The company reserves the right to terminate your subscription immediately for any breach of this agreement.
7.13 The Company shall give 28 days' notice if the subscription product you are currently using is to be withdrawn or its price changed.
8. Data Ownership and Security
8.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification, password, private keys and policies that may be given to you or selected by you for use on our website or services we offer. You may not share these with or transfer them to any third parties. You must notify the Company immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
8.2 You warrant that you have permission of the owner or controller of any data that you store on, upload to or process using the website or services provided by the Company.
8.3 The owner or controller of data stored on, upload to or processed using the website or services provided by the Company shall retain ownership rights to all such data.
8.4 Upon termination of your subscription you may request that the Company make data stored on, upload to or processed using the website available to you or its respective owner for export or download. Any such data will be made available for twenty eight days after the date of termination of your subscription, after which time the Company will have no obligation to continue storing any such data, and unless prohibited by law or legal order the Company may delete such data without further notice.
9. Website content
9.1 Our website is controlled and operated by us from our offices in England. Where content published on our website is supplied by third parties or other website users, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published online or offline) and the use of such content.
9.2 We have used our reasonable endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any services or content on our website, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
10. Intellectual property, copyright and use of our website
10.1 The website, its source code and its design are protected by international copyright laws and other intellectual property rights. The owner of these rights is the Company, its affiliates and third party licensors.
10.2 All product and company names and logos mentioned in our website relating to the company and the website are the trademarks, service marks or trading names of the respective owners.
10.3 No aspect of this agreement, your usage of our services or your usage of the website shall imply or convey any rights to services or intellectual property rights other than those expressly set out in this agreement. All rights, title and interest in and to the software, intellectual property, services, hardware, and other components of or used to provide the website and services will remain with the Company and belong exclusively to the Company.
10.4 You agree that the Company shall have a fully paid-up, royalty-free, worldwide, transferable, sub-licensable, assignable, irrevocable and perpetual license to implement, use, modify, commercially exploit, incorporate into the website and services or otherwise use any suggestions, enhancement requests, recommendations or other feedback the Company receives from you or parties acting on your behalf.
10.5 The company reserves the right to seek intellectual property protection for any features, functionality or components that may be based on or that were initiated by suggestions, enhancement requests, recommendations or other feedback the Company receive from you or parties acting on your behalf.
10.6 You agree that you shall not, and shall not assist or facilitate any third party to, systematically extract and/or re-utilise parts of the contents of our website, and in particular you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract any substantial parts of the website. You may not create and/or publish your own database that features any substantial part of the content of the website.
11. Linked sites
The Company makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from the Company and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that the Company endorses or accepts any responsibility for the content, or the use of, such a website and the Company shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
12. Availability of our website
12.1 We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and we accept no liability for its unavailability.
13 Indemnity and Release
13.1 You agree to fully indemnify, defend and hold the Company and its officers, directors, employees, agents and suppliers harmless, from and against all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of any breach of these terms and conditions by you, any act or omission by you and any other liabilities arising out of your use of our website or services offered by use or the use by any other person accessing our website or services offered by us using your username, password and/or your Personal Information.
13.2 If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
14.1 To the maximum extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the platform
14.2 Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
14.3 Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to twice the aggregate of all amounts paid by you to us. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
14.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any content available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
14.5 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
15. No Agency
15.1 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
16.1 We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 14.1 shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
16.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on our website regularly. We will endeavour to notify you by email of changes to these terms and conditions, and within 7 days of having received any such notice, you may terminate your registration with our website. We will not be liable for any failure to expressly notify you by email of any change to these terms and conditions.
16.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
16.5 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English courts.
16.6 Except in respect of a payment obligation, neither you nor the Company will be held liable for any failure to perform any obligation to the other due to causes beyond your or the Company's respective reasonable control.
16.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
16.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
17.1 A notice shall only be valid if given:
(a) to us via email at firstname.lastname@example.org or by post at 85 Chruch Road, Hove, East Sussex. BN3 2BB; or
(b) to you at either the email address or postal address you provide during registration on our website or subsequently provided to us by amending your Personal Information.
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting if posted in the same country as that in which the recipient is located, or seven (7) days after the date of posting if posted in a different country from that in which the recipient is located.
One or more patents apply to the website and to the features and services accessible via the website.
These terms and conditions replace all other terms and conditions previously applicable to the use of the website.