By Using Our Site You Accept These Terms and Conditions
Please read these Terms and Conditions carefully and ensure that you understand
them before using Our Site. These Terms and Conditions, together
with any other documents referred to herein (unless otherwise stated), set out
the terms of use governing your use of this website, www.yourdigitalcto.com (“Our
Site”). It is recommended that you print a copy of these Terms and Conditions
for your future reference.
These Terms and Conditions were last updated on 28th October
2023.
Your agreement to comply with these Terms and Conditions is
indicated by your use of Our Site. If you do not agree to these Terms and Conditions,
you must stop using Our Site immediately.
The following document also apply to your use of Our Site:
· Our Privacy Policy, available at https://www.yourdigitalcto.com/privacy.
This is also referred to below in Part 15.
We do not sell goods, services, or digital content through
Our Site. No Part of Our Site constitutes a contractual offer capable of
acceptance. The details of the services and digital content provided on
Our Site are provided for general information purposes only. Our client terms will
apply to sales conducted in any manner and do not relate to your use of Our
Site.
1.
Definitions and Interpretation
1.1
In these Terms and Conditions, unless the
context otherwise requires, the following expressions have the following
meanings:
“Content” | means |
“We/Us/Our” | means YourDigitalCTO. |
2.
Information About Us
2.1
Our Site is operated by YourDigitalCTO Ltd We
are a limited company registered in England and Wales under company number 15245437. Our registered address is 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ.
3.
How to Contact Us
To contact Us, please use our contact form on www.yourdigitalcto.com/contact.
4.
Access to Our Site
4.1
Access to Our Site is free of charge.
4.2
It is your responsibility to make the arrangements
necessary in order to access Our Site.
4.3
Access to Our Site is provided on an “as is” and
on an “as available” basis. We may suspend or discontinue Our Site (or any part
of it) at any time. We do not guarantee that Our Site will always be available
or that access to it will be uninterrupted. [If We suspend or
discontinue Our Site (or any part of it), We will try to give you reasonable
notice of the suspension or discontinuation.]
5.
Changes to Our Site
We may alter and update Our Site (or any part of it) at any
time to amend content, add new content or remove content.
6.
Changes to these Terms and Conditions
6.1
We may alter these Terms and Conditions at any
time. If We do so, details of the changes will be highlighted at the top of
this page. As explained above, your use of Our Site constitutes your acceptance
of these Terms and Conditions. Consequently, any changes made to these Terms
and Conditions will apply to your use of Our Site the first time you use it
after the changes have been implemented. You are therefore advised to check
this page every time you use Our Site.
6.2
If any part of the current version of these
Terms and Conditions conflicts with any previous version(s), the current
version shall prevail unless We explicitly state otherwise.
7.
International Users
Our Site is intended for users in the United Kingdom only. We do
not warrant or represent that Our Site or its Content are available in other
locations or are suitable for use in other locations.
8.
How You May Use Our Site and Content
(Intellectual Property Rights)
8.1
All Content included on Our Site and the
copyright and other intellectual property rights in that Content belongs to or
has been licensed by Us, unless specifically labelled otherwise. All Content is
protected by applicable United Kingdom and international intellectual property
laws and treaties.
8.2
You may access, view, and use Our Site in a web
browser (including any web browsing capability built into other types of software
or app) and you may download Our Site (or any part of it) for caching (this
usually occurs automatically).
8.3
You may print one copy and download extracts of
any page(s) from Our Site for personal use only.
8.4
You may not modify the printed copies or downloaded
extracts in any way. Images, video, audio, or any other Content downloaded from
Our Site must not be used separately from accompanying text.
8.5
Our status as the owner and author of the
Content on Our Site (or that of identified licensors, as applicable) must always
be acknowledged.
8.6
You may not use any Content saved or downloaded
from Our Site for commercial purposes without first obtaining a licence from Us
(or Our licensors, as applicable). This does not prevent the normal access,
viewing, and use of Our Site for general information purposes by business users
or consumers.
9.
Links to Our Site
9.1
You may link to any page on Our Site
9.2
Links to Our Site must be fair and lawful. You
must not take unfair advantage of Our reputation or attempt to damage Our
reputation.
9.3
You must not link to Our Site in a manner that
suggests any association with Us (where there is none) or any endorsement or
approval from Us (where there is none).
9.4
Your link should not use any logos or trade marks
displayed on Our Site without Our express written permission.
9.5
You must not frame or embed Our Site on another
website without Our express written permission.
9.6
You may not link to Our Site from another
website the main content of which is unlawful; obscene; offensive;
inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise
discriminatory; that promotes violence, racial hatred, or terrorism; that
infringes intellectual property rights; or that We deem to be otherwise objectionable.
10.
Links to Other Sites
10.1
Links to other websites may be included on Our
Site. Unless expressly stated, these sites are not under Our control. We accept
no responsibility or liability for the content of third-party websites.
10.2
The inclusion of a link to another website on
Our Site is for information purposes only and does not imply any endorsement of
that website or of its owners, operators, or any other parties involved with
it.
11.
Disclaimers
11.1
Nothing on Our Site constitutes professional
advice on which you should rely. It is provided for general information
purposes only. Professional or specialist advice should always be obtained
before taking any action relating to technical governance and technology
consultancy.
11.2
To the extent permitted by law, We make
reasonable efforts to ensure that the Content on Our Site is complete,
accurate, and up to date, but We make no warranties, representations, or
guarantees (express or implied) that this will always be the case.
11.3
If you are a business user, We exclude all
implied representations, warranties, conditions, and other terms that may apply
to Our Site and Content.
11.4
As set out above, no Part of Our Site is intended
to constitute a contractual offer capable of acceptance. We do not sell goods,
services, or digital content through Our Site. The details of services and
digital content provided on Our Site are provided for general information
purposes only.
11.5
We make every reasonable effort to ensure that
all representations and descriptions of services and digital content
shown on Our Site correspond to the actual services and digital content
available. Minor variations may occur as follows:
a)
There may be minor differences between services
described on Our Site and the actual services that will be provided to you. The
exact nature of Our services may vary depending upon your individual
requirements and circumstances.
b)
There may be differences between services
described on Our Site and the actual services where changes have been recently
made to comply with changes in applicable laws and regulatory requirements.
Such changes would not affect your use of the services. For further information
on variation and changes to services and your related rights, please refer to Our
client terms.
c)
There may be minor differences between digital
content described on Our Site and the actual digital content available, including
due to legal, security or as part of our continual improvement programme.
d)
There may be differences between digital content
described on Our Site and the actual digital content where changes have been
recently made to comply with changes in applicable laws and regulatory
requirements. Such changes would not affect your use of the digital content. Digital
content may also be updated from time to time. If this occurs, the updated digital
content will continue to match any description provided before it was
purchased. For further information on variation and changes to digital content
and your related rights, please refer to Our client terms.
12.
Our Liability
12.1
Nothing in these Terms and Conditions excludes
or restricts Our liability for fraud or fraudulent misrepresentation, for death
or personal injury resulting from negligence, or for any other forms of liability
which cannot be lawfully excluded or restricted.
12.2
If you are a business user (i.e. you are using Our
Site in the course of business or for commercial purposes), to the fullest extent
permissible by law, We accept no liability for any loss or damage, whether
foreseeable or otherwise, in contract, tort (including negligence), for breach
of statutory duty, or otherwise, arising out of or in connection with the use
of (or inability to use) Our Site or the use of or reliance upon any Content
included on Our Site.
12.3
If you are a business user, We accept no liability
for loss of profit, sales, business, or revenue; loss of business opportunity,
goodwill, or reputation; loss of anticipated savings; business interruption; or
for any indirect or consequential loss or damage.
12.4
If you are a consumer, you agree that you will
not use Our Site for any commercial or business purposes and that We shall have
no liability to you for any business losses as set out above.
12.5
If you are a consumer and digital content from
Our Site damages other digital content or a device belonging to you, where that
damage is caused by Our failure to use reasonable skill and care, We will
either compensate you or repair the damage.
13.
Viruses, Malware, and Security
13.1
We exercise reasonable skill and care to ensure
that Our Site is secure and free from viruses and malware; however, We do not
guarantee that this is the case.
13.2
You are responsible for protecting your
hardware, software, data, and other material from viruses, malware, and other
internet security risks.
13.3
You must not deliberately introduce viruses or
other malware, or any other material which is malicious or technologically
harmful either to or via Our Site.
13.4
You must not attempt to gain unauthorised access
to any part of Our Site, the server on which Our Site is stored, or any other
server, computer, or database connected to Our Site.
13.5
You must not attack Our Site by means of a
denial of service attack, a distributed denial of service attack, or by any
other means.
13.6
By breaching the provisions of Parts 13.3 to
13.5, you may be committing a criminal offence under the Computer Misuse Act
1990. Any and all such breaches will be reported to the relevant law enforcement
authorities and We will cooperate fully with those authorities by disclosing
your identity to them. Your right to use Our Site will cease immediately in the
event of such a breach.
14.
Acceptable Usage of Our Site
14.1
You may only use Our Site in a lawful manner:
a)
You must ensure that you comply fully with any
and all local, national, or international laws and regulations that apply;
b)
You must not use Our site in any way, or for any
purpose, that is unlawful or fraudulent; and
c)
You must not use Our Site to knowingly send,
upload, or in any other way transmit data that contains any form of virus or
other malware or any other code designed to adversely affect computer hardware,
software, or data of any kind.
14.2
If you fail to comply with the provisions of
this Part 14, you will be in breach of these Terms and Conditions. We may take
one or more of the following actions in response:
a)
Suspend or terminate your right to use Our Site;
b)
Issue you with a written warning;
c)
Take legal proceedings against you for
reimbursement of any and all relevant costs on an indemnity basis resulting
from your breach;
d)
Take further legal action against you, as
appropriate;
e)
Disclose such information to law enforcement
authorities as required or as We deem reasonably necessary; and/or
f)
Any other actions which We deem reasonably appropriate
(and lawful).
14.3
We hereby exclude any and all liability arising
out of any actions that We may take (including, but not limited to those set
out above in Part 14.2) in response to your breach.
15.
How We Use Your Personal Information
We will only use your personal information as set out in Our
Privacy Policy, available from www.yourdigitalcto.com/privacy
16.
Communications from Us
16.1
If We have your contact details, We may send you
important notices by email from time to time. Such notices may relate to
matters including, but not limited to, changes to Our Site or to these Terms
and Conditions.
16.2
We will not send you marketing emails without
your express consent. If you do consent to marketing, you may opt out at any
time. All marketing emails from Us include an unsubscribe link. If you opt out
of emails from Us, it may take up to 1 month for your request to take effect
and you may continue to receive emails during that time.
16.3
For questions or complaints about communications
from Us, please contact Us using the details above in Part 3.
17.
Law and Jurisdiction
17.1
These Terms and Conditions, and the relationship
between you and Us (whether contractual or otherwise) shall be governed by, and
construed in accordance with, English law.
17.2
If you are a consumer, you will benefit from any
mandatory provisions of the law in your country of residence. Nothing in Part takes away from or reduces your legal rights as a consumer.
17.3
If you are a consumer, any dispute, controversy,
proceedings, or claim between you and Us relating to these Terms and Conditions
or to the relationship between you and Us (whether contractual or otherwise)
shall be subject to the jurisdiction of the courts of England, Wales, Scotland,
or Northern Ireland, as determined by your residency.
17.4
If you are a business user, any dispute,
controversy, proceedings, or claim between you and Us relating to these Terms
and Conditions or to the relationship between you and Us (whether contractual
or otherwise) shall be subject to the exclusive jurisdiction of the courts of
England and Wales.
Subscription Terms And Conditions