the Client’s own internal business purposes; and lawful purposes ; and not resell or otherwise commercially exploit the Service.
Access conditions: When accessing the Service, the Client and its personnel must:
not impersonate another person or misrepresent authorisation to act on behalf of others or the Supplier;
correctly identify the sender of all electronic transmissions;
not attempt to undermine the security or integrity of the Underlying Systems;
not use, or misuse, the Service in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the Service;
not attempt to view, access or copy any material or data other than:
that which the Client is authorised to access; and
neither use the Service in a manner, nor transmit, input or store any Data, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading; and
Authorisations: The Client is responsible for procuring all licences, authorisations and consents required for it and its personnel to use the Service, including to use, store and input Data into, and process and distribute Data through, the Service.
The Client is fully responsible for maintaining the confidentiality of their credentials. You agree to immediately notify SafeDigit at email@example.com should you know, or have reasonable grounds to suspect, that the username and password have been compromised.
The Client indemnifies the Supplier against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by the Supplier’s solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any Data infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Data is Objectionable, incorrect or misleading.
INTELLECTUAL PROPERTY RIGHTS
The Service, the Website, and all Underlying Systems is and remains the property of the Supplier (and its licensors). The Client must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.
THIRD PARTY SITES AND MATERIAL
The Client acknowledges that the Service may link to third party websites or feeds that are connected or relevant to the Service. Any link from the Service does not imply any Supplier endorsement, approval or recommendation of, or responsibility for, those websites or feeds or their content or operators. To the maximum extent permitted by law, the Supplier excludes all responsibility or liability for those websites or feeds.
No implied warranties: To the maximum extent permitted by law, the Supplier’s warranties are limited to those set out in the Agreement, and all other conditions, guarantees or warranties whether expressed or implied by statute or otherwise are expressly excluded and, to the extent that they cannot be excluded, liability
supplying the ervice again; and/or paying the costs of having the Service supplied again.
Maximum liability: The maximum aggregate liability of the Supplier under or in connection with the Agreement or relating to the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not in any Year exceed USD $3,000.
Unrecoverable loss: Neither party is liable to the other under or in connection with the Agreement or the Service for any: loss of profit, revenue, savings, business, use, data (including Data), and/or goodwill; or consequential, indirect, incidental or special damage or loss of any kind.
No liability for other’s failure: Neither party will be responsible, liable, or held to be in breach of the Agreement for any failure to perform its obligations under the Agreement or otherwise, to the extent that the failure is caused by the other party failing to comply with its obligations under the Agreement, or by the negligence or misconduct of the other party or its personnel.
TERM, TERMINATION AND SUSPENSION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
WAIVER AND VARIATION
Last updated 17 February 2022