Cygnetise Limited - Terms of Website Use

Please read these terms and conditions carefully before using the website.

What's in these terms?

These Terms of Website Use (together with the documents referred to herein) tell you (whether as a guest or registered user) the rules for using our website www.cygnetise.com (“our website”).

Who we are and how to contact us

www.cygnetise.com is a website operated by Cygnetise Limited ("We"). We are registered in England and Wales under company number 10205661 and have our registered office at 4th Floor, 21 Godliman Street, London EC4V 5BD

To contact us, please email info@cygnetise.com.

By using our website you accept these terms

By using our website, you confirm that you accept these Terms of Website Use and that you agree to comply with them.

If you do not agree to these terms, you must not use our website.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These Terms of Website Use refer to the following additional terms, which also apply to your use of our website:

· Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.

· Our Cookie Policy which sets out information about the cookies on our website.

If you purchase services from our website, our Terms & Conditions of Supply of Services will apply to those purchased services.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our website, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our website

We may update and change our website from time to time to reflect changes to our services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw our website

We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these Terms of Website Use and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe

If you are provided with an account password or any other piece of information as part of our security procedures, you must treat such information as confidential and maintain it with adequate security. You must not disclose it to any third party.

We have the right to disable any account password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Website Use or any additional terms referred to herein.

If you know or suspect that anyone other than you knows your account password, you must promptly notify us at info@cygnetise.com.

How you may use material on our website

We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.

If you print off, copy or download any part of our website in breach of these Terms of Website Use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You agree not to:-

(a) attempt to reverse engineer or sell, export, licence, modify, copy, distribute or transmit any part of our website to any third party, or jeopardise the correct functioning of our website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlines our website;

(b) attempt to gain access to secured portions of our website to which you do not possess access rights;

(d) resell or export the software associated with our website;

(e) use any automatic or manual process to interfere in any way with the proper functioning of our website.

We are not responsible for websites we link to

Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those websites or resources.

User-generated content is not approved by us

This website may include or provide access to information and materials uploaded to this website and/or the cloud by other users of the website. This information and these materials have not been verified or approved by us. The views expressed by other users on our website do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on info@cygnetise.com.

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our Terms Conditions of Supply of Services.

We exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our website; or
use of or reliance on any content displayed on our website.

In particular, we will not be liable for:

loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

The limitations of liability apply even if a loss was foreseeable or if we have been expressly advised of the potential loss.

Uploading content to our website or to the cloud via our website

Whenever you make use of a feature that allows you to upload content to our website or to the cloud via our website, or to make contact with other users of our website, you must comply with the content standards set out in these Terms of Website Use.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to or via our website will be considered confidential. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to store that content.

We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in these Terms of Website Use.

You are solely responsible for securing and backing up your content.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.

You must not misuse our website by knowingly introducing viruses, Trojan horses, worms, logic bombs, keystroke loggers, spyware, adware or any other material or code that is designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our 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 our website will cease immediately.

Rules about linking to our website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our website in any website that is not owned by you.

Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our website other than that set out above, please contact info@cygnetise.com.

Prohibited uses

You may use our website only for lawful purposes. You may not use our website:

In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards LINK TO CONTENT STANDARDS BELOW.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that may adversely affect the operation of any computer software of hardware.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of these Terms of Website Use.
Not to access without authority, interfere with, damage or disrupt:
any part of our website;
any equipment or network on which our website is stored;
any software used in the provision of our website; or
any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our website, including, without limitation:

Chat rooms.
Bulletin boards.

(“interactive services”).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our website (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of these Terms of Website Use through your use of our website. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply constitutes a material breach of these Terms of Website Use upon which you are permitted to use our website, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our website.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our website.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms of Website Use. The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.

Which country’s laws apply to any disputes?

These Terms of Website Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Our trade marks are registered

CYGNETISE is a UK and EU registered trade mark of Cygnetise Limited. CYGNETIZE is a US registered trade mark of Cygnetise Limited. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our website.

Changes to our terms of website use

We may revise this Terms of Website Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Terms of Website Use may also be superseded by provisions or notices published elsewhere on our website.