Last
updated 10th November 2020
These Terms and Conditions of Use (the “Terms of Use”) govern
your access to and use of Vizidox Solutions Limited (“Vizidox”, “us”,
“we” or “our”) website and service platform at https://vizidox.com (the “Website”) or any application made
available by Vizidox, as well as products and services available at and/or
through the Website or any Vizidox application (collectively all, “Vizidox
Services”).
BY ACCESSING, REGISTERING AND USING OUR SERVICES, YOU:
(a)
ACKNOWLEDGE
THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND WITH THE CURRENT TERMS OF
USE, INCLUDING VIZIDOX PRIVACY POLICY LOCATED AT https://vizidox.com/privacy-policy/
(b)
Represent
that you have the authority to enter into these Terms of Use (including all of
the terms and conditions specified or referenced below, including the Privacy
Policy);
(c)
Agree
that you are entering into and agree to adhere to these Terms of Use (including
all of the terms and conditions specified or referenced below, including the
Privacy Policy) with Vizidox. In addition, when using particular services in
connection with the Vizidox Services, you shall be subject to any posted rules
applicable to such Vizidox Services or materials that may contain terms and
conditions or other operating rules, policies and procedures in addition to
those in these Terms of Use ("Additional Terms").
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT ACCESS
OR USE OUR SERVICES.
We reserve the right from time to time to update or revise or invalidate
the Terms of Use and/or other rules and/or policies in the sole discretion of
Vizidox, such changes to be effective upon posting them
on Vizidox Website. The “Last updated” date will be always posted on
the Website next to the Terms of Use. Please check the Terms of Use
periodically for changes. YOUR CONTINUED USE OF THE WEBSITE AND VIZIDOX
SERVICES FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF USE AND/OR OTHER
RULES AND/OR POLICIES CONSTITUTES YOUR ACCEPTANCE OF THOSE CHANGES.
We recommend that you print a copy of these Terms of Use for your future
reference.
1.1. These Terms of Use form the legal agreement between
you, either an individual or a single legal entity, and Vizidox Solutions
Limited (company number 10842361, address 11A (ii) Park House, Milton Park,
Abingdon, Oxfordshire, OX14 4RS) and governs your use of the Website and the Services.
1.2. Vizidox Signature: If you also use Vizidox Signature, you also accept
the Terms of Vizidox Signature, which are set below in Annex 1 to these Terms
of Use.
1.3. If you purchase Vizidox Services and you have a valid
Master Services Agreement signed with Vizidox (the “Master Agreement”),
then these Terms of Use will apply only to the use of the Website, as well as
Vizidox Services to the extent not already governed by the Master Agreement.
1.4.
You must be at least 18 years old to use VDXiD application Service. If you are younger than 18 years old please
immediately stop using the VDXiD
application and
cancel your
account. VDXiD
application is
not designed and is not suitable for individuals, younger than 18 years old.
2.1. By using Vizidox Services, you agree to receive
certain communications from Vizidox in connection with Vizidox Services. You
agree to receive all communication, agreements and/or notifications (the “Communications”)
that we provide in connection with our Services via electronic means, including
by e-mail, notifications on the Website or application and/or through any
Vizidox Services. All Communications are deemed given upon receipt, if
delivered via herein indicated electronic means.
2.2. For contractual purposes, you (i)
consent to receive all Communications from us in an electronic form; and (ii)
agree that all Communications that we provide to you electronically satisfy any
legal requirements that such Communications would satisfy if they were to be in
a hardcopy in writing and/or delivered in a particular manner.
3.1.
By
using the Services and subject to your compliance with the Terms of Use,
Vizidox and our licensors grant you a limited, personal, non-exclusive,
non-transferable, revocable right to access and use the Website, any our
applications and our Services for your personal or internal business purposes
only as expressly permitted in these Terms of Use and as per your Package plan,
if you have purchased such under the Master Agreement. Upon
termination, all licenses and other rights granted to you in these Terms of Use will
immediately cease.
3.2. Vizidox Services and those of our licensors are
protected by applicable local and international intellectual property laws.
Subject to the limited rights expressly granted hereunder, Vizidox and/or its
third-party providers, licensors and suppliers reserve all rights, title and
interest in and to Vizidox Services. All present and future rights in and
to trade secrets, patents, designs, copyrights, trademarks, database rights,
service marks, know-how, and other intellectual property or other proprietary
rights of any type, documentation, any improvements, design contributions, or
derivative works thereto, and any knowledge or process related thereto,
including rights in and to all applications and registrations relating to the
Website, shall at all times be and remain the sole and exclusive property of
Vizidox and/or its third-party providers, licensors and suppliers. Neither the
Terms of Use nor your access to and/or use of the Services transfers to you
and/or any third party any rights, title and/or interest in any intellectual
property rights related to Vizidox Services.
3.3. Upon your acceptance of these Terms of Use you shall
not, and shall not permit anyone else to, directly or indirectly: (i) reproduce, distribute, create derivative works from,
publicly display, license, sell and/or re-sell any content, software, products
and/or services obtained from and/or through the Website and/or Vizidox
Services s without the express prior written consent of Vizidox; (ii) reverse
engineer, disassemble, decompile or otherwise attempt to discover the source
code or structure, sequence and organization of all or any part of Vizidox
Services; (iii) remove or alter any proprietary notices or labels on or in Vizidox
Services; (iv) engage in any activity that interferes with or disrupts Vizidox
Services; or (v) engage in any activity that infringes any right, including but
not limited to intellectual property rights of any third party.
4.1. Vizidox retains the right, in its sole and absolute
discretion, to deny access to and/or use of the Website, any Vizidox application
and/or any Vizidox Services to anyone at any time and for any reason.
4.2. While Vizidox uses reasonable efforts to keep Vizidox
Services accessible, Vizidox Services may be unavailable from time to time. You
understand and agree that there may be interruptions to the Website, and/or any
our application, and/or any Vizidox Services and/or use of and/or access to
your Account.
4.3. You are solely responsible for ensuring that your
access to and/or use of Vizidox Services is in compliance with all laws, rules
and regulations applicable to you and the right to access and/or use Vizidox
Services is revoked where your access to and/or use of Vizidox Services is
prohibited.
4.4. Vizidox does not guarantee that any content will be
made available on the Website, on any our application and/or via any Vizidox
Services. Vizidox reserves the right to, but does not have any obligation to, (i) remove, edit and/or modify any content in Vizidox sole
discretion, at any time, without notice to you and for any reason, and/or for
no reason at all and (ii) remove or block any content from the Website, any Vizidox
application and/or any other Vizidox Services.
5.1. To sign up, access and/or use Vizidox Services, you
must have an account with us (an “Account”). Your Account requires
you to (i) indicate your agreement to the Terms of
Use and (ii) provide your contact information required during the registration
process, as determined by Vizidox in its sole discretion. Your Account is
non-transferrable and may not be sold, combined and/or otherwise shared with
any other person.
5.2. If you are an authorized user of a corporate customer
(i.e. a natural person – an employee, business partner, contractor or agent of
a corporate customer who is registered and permitted by such Customer to use
Vizidox Services subject to these Terms of Use and Master Agreement (the “Authorized
user”)), you shall be identified by your unique email address and username.
Two or more individual natural persons may not use Vizidox Services es as the
same Authorized User.
5.3. You represent and warrant that: (i)
any information you provide in connection with your access to and/or use of Vizidox
Services is true, accurate and complete and you will maintain and update such
information regularly; and (ii) you will respect the intellectual property,
other information and all rights of Vizidox and others using Vizidox Services.
5.4. As part of using Vizidox Services, you shall create a
password. You are responsible for keeping your password private and secure. You
are prohibited from distributing, sharing with other persons or making publicly
available your login information or password for your Account. You are
solely responsible for maintaining the security of your Account. You must
immediately notify Vizidox of any unauthorized uses of your Account or any
other breaches of security.
5.5. You are fully responsible for all activities under
your Account and any other actions taken in connection with your Account.
5.6. Vizidox will not be liable to you and/or to any third
party for any suspension and/or termination of your Account and/or refusal of
any access to and/or use of Vizidox Services (or any part thereof).
5.7. Vizidox cannot and will not be liable for any loss,
damage or other liability arising from your failure to comply with this section
or from any unauthorized access to or use of your phone or computer or any
other device.
6.1. All content you upload, create, submit, distribute,
and/or post to the Website, any our application or other Vizidox Services,
including but not limited to, documents, pictures, other images, data files,
information relating to natural and other persons, files, texts,
personalization settings and other information and/or content, which is or may
be provided to Vizidox and/or placed on the Account or uploaded by you via any
Vizidox Services (the “User Content”), is the sole responsibility of the person
who originated such content. Vizidox does not claim any ownership rights in the
User Content that you, other users, or third parties post, upload,
send or create on or through
Vizidox Services or in connection with usage of Vizidox Service. Vizidox shall have no responsibility and/or
liability for the submission, deletion and/or accuracy of any User Content
uploaded to Vizidox Services.
6.2. By using Vizidox Services you represent and warrant
that: (i) you own the content (any materials
and/or information, including, without limitation, data, text, images, videos, graphics,
photos) posted by you on or through the Vizidox Services or otherwise
have the right to grant the license, (ii) the posting and use of your content
on or through Vizidox Services does not violate the privacy rights, publicity
rights, copyrights, contract rights, intellectual property rights or any other
authority of anyone, and the publishing of your content on Vizidox Services does
not result in a breach of contract between you and any third party.
6.3. If you post or upload any User Content to the Website,
or any Vizidox application or other Vizidox Services, unless Vizidox indicates
otherwise, you grant Vizidox a worldwide, perpetual, non-exclusive,
royalty-free, irrevocable, assignable, transferable license to use, edit,
modify, aggregate, reproduce, distribute, prepare derivative works of, display,
and perform User Content worldwide for purposes of providing Vizidox Services. You
alone are responsible for your User Content, and once published, it cannot
always be withdrawn. You represent and warrant that you own, and/or have
the necessary permissions to use User Content and authorize use of User Content
as described in these Terms of Use. For the avoidance of doubt, User
Content does not include any document (an agreement, a notice or other) that
you deposit into the Vizidox Signature service for processing (the “eDocuments”).
6.4. You
acknowledge that Vizidox
does not control the interactions between any user and you, nor does Vizidox control or monitor any User Content. You
acknowledge and agree that Vizidox
does not assume any responsibility or liability for User Content generated by
you or any user of Vizidox
Services posted anywhere, including without limitation, personally identifiable
information posted publicly, or the conduct of you or any user, and you bear
the entire risk of your continued use of the Vizidox Services, including your interactions
with other users.
6.5. You are solely responsible for your conduct and any
and all information or material including, without limitation, data, text,
images, graphics, photos, links that you submit, post, and display on or
through Vizidox Services.
6.6. Vizidox Services or third parties on the Website may
provide links to other internet websites or resources. Vizidox has no control
over such websites and resources. You acknowledge and agree that Vizidox is not
responsible for the availability of such websites or resources and does not
endorse and is not responsible or liable for any content, advertising,
products, services or other materials on such websites or resources. Vizidox
shall not be responsible or liable for any damage or loss caused or alleged to
be caused by or in connection with any use of or reliance on any such content,
advertising, products, services or other materials available on or through any
such website or resource.
7.1. By using Vizidox Services, you agree that you will not
under any circumstances engage in any activity or transmit any information
(including software, text, images, or any other information) that, in Vizidox
sole discretion:
(i)
is
unlawful, promotes unlawful activities and/or discusses illegal activities with
the intent to commit them;
(ii)
defames,
harasses, abuses, threatens, or incites violence towards any individual or
group;
(iii)
violates
any third-party right, including, but not limited to, right of privacy, right
of copyright, trademark, patent, trade secret, or any other intellectual
property or proprietary rights;
(iv)
is abusive,
harassing, pornographic, violent or inciting violence, inflammatory, discriminatory
and/or otherwise victimizes and/or intimidates an individual and/or group on
the basis of religion, gender, sexual orientation, race, ethnicity, age and/or
disability;
(v)
is
spam, is machine or randomly generated, constitutes unauthorized or unsolicited
advertising, chain letters, any other form of unauthorized solicitation and/or
any form of lottery and/or gambling;
(vi)
contains
and/or installs any viruses, worms, malware, Trojan horses and/or other content
that is designed or intended to disrupt, damage and/or limit the functioning of
any software, hardware, and/or telecommunications equipment and/or to damage
and/or obtain unauthorized access to any data and/or other information of any
third party;
(vii)
infringes
on any proprietary right of any party, including patent, trademark, trade
secret, copyright, right of publicity and/or other rights;
(viii)
impersonates
any person or entity, including any of our employees or representatives; and/or
(ix)
accesses
or uses the account of another user without permission;
(x)
violates
the privacy of any third party.
7.2. You acknowledge that Vizidox has no obligation to
monitor User Content, access to or use of Vizidox Services for violations of
these Terms of Use, or to review or edit any User Content. However, Vizidox has
the right to do so for the purpose of operating and improving the Website, any Vizidox
application or other Vizidox Services (including without limitation for fraud
prevention, risk assessment, investigation and customer support purposes,
analytics, and advertising), to ensure your compliance with these Terms of Use and
to comply with applicable laws or the orders of a court or other competent administrative
or governmental body.
8.1. While using Vizidox Services, you agree that Vizidox
duplicates and stores your data, information, documents or files in accordance
with Vizidox policies and these Terms of Use. All information you provide to
Vizidox shall remain your property. When you input or upload any file or
document into Website, you grant Vizidox a license to use that file or document
as necessary to provide you with our Services.
8.2. You acknowledge and agree that except as described in
these Terms of Use or the Master Agreement, the information you provide to Vizidox
or that Vizidox collects shall be used and protected as described in the
Privacy Policy (https://vizidox.com/privacy-policy/ )
9.1. The Terms of Use shall remain in full force and effect
while you access and/or use the Website, any Vizidox application and/or Vizidox
Services.
9.2. Vizidox may terminate your Account and/or your access
to and/or use of all or any part of Vizidox Services at any time without notice
and without liability, effective immediately, if Vizidox reasonably and in good
faith believes that you violated these Terms of Use. Vizidox shall use
commercially reasonable efforts to notify you prior to any such
termination.
9.3. If you wish to terminate your Account, you may do so
by following the instructions through your Account.
9.4. Vizidox will not have any liability whatsoever to you
for any termination of your rights under the Terms of Use, including without
limitation for termination of your Account and/or deletion of your User Content.
10.1.
THE
WEBSITE, ANY VIZIDOX APPLICATION, VIZIDOX SERVICES, ANY CONTENT AND ANY THIRD-PARTY
SOFTWARE ARE PROVIDED BY VIZIDOX TO YOU ON AN “AS IS,” “AS AVAILABLE”
BASIS, WITH NO WARRANTIES WHATSOEVER. VIZIDOX AND SUCH THIRD PARTIES DO NOT
MAKE ANY WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY AND/OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY,
AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, ALL OF WHICH VIZIDOX
EXPRESSLY DISCLAIMS.
10.2. VIZIDOX DOES NOT MAKE ANY REPRESENTATIONS
OR WARRANTIES THAT THE CONTENT (INCLUDING ANY USER CONTENT OR VIZIDOX CONTENT) AVAILABLE ON OR
THROUGH VIZIDOX
SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE
VIZIDOX
SERVICES IS AT YOUR SOLE RISK. VIZIDOX
DOES NOT WARRANT THAT YOUR USE OF THE VIZIDOX SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND VIZIDOX SPECIFICALLY DISCLAIMS SUCH
WARRANTIES.
10.3. YOU
ACKNOWLEDGE THAT VIZIDOX
DOES NOT ENDORSE ANY USER CONTENT OR OTHER THIRD PARTY CONTENT AND SPECIFICALLY
DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS,
DAMAGE, INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER
ARISING OR RESULTING FROM ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER
CONTENT), INTERACTIONS BETWEEN USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
10.4. YOU UNDERSTAND AND AGREE THAT YOU USE OUR SERVICES AND
ALL THIRD PARTY SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER, SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE USE OF THE SERVICES AND/OR THIRD-PARTY SOFTWARE.
10.5.
Without
limiting the foregoing, Vizidox and/or its licensors, partners and content
providers make no warranty that (i) the Website, any Vizidox
application and/or other Vizidox Services will meet your requirements and/or
will be constantly available, timely, secure and/or error-free; (ii) the
results that may be obtained from the use of Vizidox Services will be
effective, accurate and/or reliable; (iii) any content and/or software available
at and/or through Vizidox Services is free of viruses and/or other harmful
components.
10.6.
Vizidox
will not be liable and/or otherwise responsible for any failure and/or delay in
updating the Website or other Vizidox Services. No advice and/or
information, whether oral and/or written, obtained by you from Vizidox and/or
through your access to the Account and/or use of Vizidox Services shall create
any warranty not expressly stated in the Terms of Use.
11.1. TO
THE MAXIMUM RANGE GRANTED BY APPLICABLE LAW, IN NO EVENT SHALL VIZIDOX, ITS AFFILIATES, LICENSORS, DIRECTORS,
EMPLOYEES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, COST OF COVER, LOSS OF DATA,
USE, GOODWILL, OR OTHER INTANGIBLE LOSSES WHATSOEVER ARISING OR RESULTING FROM
(I) BUGS, MISTAKES, OR DEFECTS OF CONTENT DISPLAYED ON OR THROUGH VIZIDOX SERVICES, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR
USE OF (OR YOUR INABILITY TO ACCESS AND USE) VIZIDOX SERVICES, INCLUDING, WITHOUT
LIMITATION, MAKING PRIVATE CONTENT PUBLIC OR ANY DAMAGE CAUSED TO YOUR COMPUTER
OR SOFTWARE OR INFORMATION STORED THEREON, (III) ANY CONDUCT OR CONTENT OF ANY
THIRD PARTY OBTAINED ON OR THROUGH VIZIDOX
SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD PARTIES (IV) ANY UNAUTHORIZED ACCESS TO OR USE
OF VIZIDOX
SERVICES AND/OR ANY AND ALL PERSONAL, PRIVATE, AND/ OR OTHER INFORMATION STORED
THEREIN, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH VIZIDOX
SERVICES BY ANY THIRD PARTY, (VI) UNAUTHORIZED ACCESS, USE OR ALTERATION OF
YOUR TRANSMISSIONS OR USER CONTENT, (VII) EMAILS OR OTHER TRANSMISSIONS OR
COMMUNICATIONS MADE TO YOU THROUGH VIZIDOX
SERVICES AND/OR (VIII)
ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING VIZIDOX CONTENT OR USER CONTENT) OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT
(INCLUDING USER CONTENT) OR SERVICES POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA VIZDOX
SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VIZIDOX IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
11.2.
Vizidox
shall not be liable for any User Content, including any error, defamation,
virus or inaccuracy contained in any User Content, whether or not arising under
the laws of copyright, libel, privacy or otherwise, any prohibited User Content
and any other User Content.
11.3.
Vizidox
shall have no responsibility for (i) unauthorized
access to your Account, (ii) automatic forwarding of messages and/or viruses
(caused by viruses or otherwise) and/or (iii) any loss of your data or content
from the Website, any Vizidox application, documentation, or other Vizidox
Services.
11.4.
You
will defend, indemnify, and hold Vizidox and Vizidox employees, suppliers and
partners harmless from any and all third-party claims, liability, damages, and
costs (including, but not limited to, attorneys' fees) arising from or related
to, as applicable: (a) your access to and use of the Website, any Vizidox
application or other Vizidox Services; (b) violation of these Terms of Use by
you or your Authorized Users, as applicable; (c) infringement of any
intellectual property or other right of any person or entity by you; (d) the
nature and content of all data processed by Vizidox Services; or (e) any
products or services purchased or obtained by you in connection with the Website.
11.5.
Neither
you nor Vizidox shall be liable for failure to perform any obligation under
these Terms of Use to the extent such failure is caused by a force majeure
event (including acts of God, natural disasters, war, civil disturbance, action
by governmental entity, strike, and other causes beyond the party’s reasonable
control). The party affected by the force majeure event will provide
notice to the other party within a commercially reasonable time and will use
commercially reasonable efforts to resume performance as soon as
practicable. Obligations not performed due to a force majeure event
shall be performed as soon as reasonably possible when the force majeure event
concludes.
12.1.
Vizidox
Services may integrate with and/or provide links to various other independent third-party
websites, products and/or services (the “Linked Sites”) that may be of
interest to you and are for your convenience only. Vizidox does not
control or endorse such Linked Sites and is not responsible for their content,
including the accuracy and/or reliability of any information, data and/or
statements contained within such Linked Sites. Vizidox makes no
representations as to the quality, suitability, functionality, or legality of
any third-party content to which links may be provided, and you hereby waive
any claim you might have against Vizidox with respect to such services.
12.2.
Vizidox
reserves the right to terminate any link and/or linking program at any time in
its sole discretion.
12.3.
Vizidox
disclaims all warranties, express and implied, as to the accuracy, validity and
legality and/or otherwise of any materials and/or information contained on such
Linked Sites.
13.1.
These
Terms of Use, their subject matter and their formation (and any non-contractual
disputes or claims) are governed by English law. Disputes between Vizidox and the users shall be
resolved through negotiations, and in case of impossibility of such a
settlement they shall be transferred to court at the location of Vizidox.
13.2.
You
agree that we may reference you as our Customer, and that we may reasonably
use, on a royalty-free basis, your trademark and/or logo for such purpose.
13.3.
We
do not offer any legal advice, legal opinions, recommendations, referrals,
and/or counselling. Vizidox is not involved in agreements between you and other
users and will not take any responsibility of the contract between the
parties.
13.4.
If
any part of the Terms of Use is held invalid or unenforceable, that part will
be construed to reflect the parties’ original intent, and the remaining
portions will remain in full force and effect. A waiver by either party of any
term or condition of these Terms of Use and/or any breach thereof, in any one
instance, will not waive such term and/or condition or any subsequent breach
thereof.
13.5.
You
may not assign your rights or obligations under these Terms of Use without our
prior written consent. If our consent is given, these Terms of Use will bind
your successors and assigns. Any attempt by you to transfer your rights,
duties, or obligations under these Terms of Use is void. Vizidox may
freely assign its rights, duties, and obligations under these Terms of use.
13.6.
Vizidox
failure to enforce a provision is not a waiver of its right to do so later. Any
waiver of any provision of these Terms of Use will be effective only if in
writing and signed by Vizidox.
13.7.
All
provisions of the Terms of Use, which by their nature should survive
termination shall survive termination, including, without limitation, licenses,
ownership provisions, warranty disclaimers, indemnity provisions and
limitations of liability.
14.1.
If
you become aware of any misuse of Vizidox Services or any violation
of the Terms of Use or
our Privacy
Policy, please report such misuse and/or violation by sending an email to Vizidox at info@vizidox.com
.
14.2.
If
you would like to request additional information regarding the Terms of Use or
for any proposals or questions regarding a commercial relationship with Vizidox,
please contact us at info@vizidox.com .
***
Annex 1: Terms of the Vizidox Signature (the “Terms
for Signature”)
1.1. Vizidox Signature – on-demand electronic signature Service,
which provides online display, acknowledgement, electronic signature, certified
delivery, and storage services for eDocuments via the Internet.
1.2. eDocument – a document (agreement, notice or other) consisting
of a single page or more pages, uploaded by the Customer into the Vizidox
Signature Service for processing.
1.3. Signer – a person designated by an Authorized User to access and/or take action
regarding the eDocument sent to such individual via Vizidox Signature.
1.4. System – software systems, technology, network facilities and the hardware used
by Vizidox or its partners for the performance of Vizidox Signature Service.
1.5. Transaction Data – the metadata associated with a particular eDocument,
such as transaction history, sender and recipient names, email addresses, that Vizidox
may use to generate and maintain the digital audit trail required.
2.1. Vizidox Signature facilitates the execution of
eDocuments between the parties to those eDocuments. The Customer understands
and agrees that Vizidox is not a party to any eDocument processed through
Vizidox Signature, thus Vizidox makes no representation or warranty regarding
the transactions sought to be effected by any eDocument. The Customer has
exclusive control and responsibility for the content, quality, and format of
any eDocument. Without limiting the foregoing, all eDocuments are maintained by
Vizidox in an encrypted form, and Vizidox has no control of or access to their
contents.
2.2. Certain types of agreements and/or other documents may
be excepted from electronic signature laws or may be subject to specific
regulations. Vizidox is not responsible or liable to determine whether any
particular eDocument is (i) subject to an exception
to applicable electronic signature laws, or (ii) whether it is subject to any
particular regulation, or (iii) whether it can be legally formed by
electronic signatures.
2.3. Vizidox is not responsible for determining how long
any agreements, documents and/or other records are required to be retained or
stored under any applicable laws, regulations or processes. Vizidox is not
responsible for or liable to produce any of eDocuments or other documents to
any third parties.
2.4. Certain consumer protection or similar laws or
regulations may impose specific requirements with respect to electronic
transactions involving consumers (such as, requirement to get consumer’s
consent to the specific method of contracting, requirement to provide consumer
with a copy or access to a copy, requirement to provide consumer with a written
record of the transaction, etc.). Vizidox does not and is not responsible to
determine or comply with any such specific requirements. The Customer is solely
responsible to determine whether any consumer is involved in an eDocument uploaded
for processing, and, if so, to comply with all requirements imposed by the laws
on such eDocument or its formation.
2.5. The Customer shall be responsible for properly: (i) configuring Vizidox Signature;
(ii) setting controls, including security controls, available in connection
with Vizidox Signature, (iii) taking other steps available in the functionalities
of Vizidox Signature Services that the Customer deems adequate to maintain
appropriate security, deletion, and backup of the data submitted by the
Customer. The Customer acknowledges and agrees that Vizidox has no obligation
to protect Customer data, including personal data, that the Customer decides to
store or transfer from Vizidox Signature.
3.1. Vizidox will send and store your eDocuments until
termination of the Terms of Use. The Customers may retrieve and store
copies of eDocuments for storage outside of the System at any time or delete or
purge eDocuments from the System at its own discretion.
3.2. Vizidox shall delete all eDocuments (including invalid
(not signed/rejected) and uncompleted eDocuments) when deleting an Account upon
termination of the Terms of Use, as described in Section 9 of the Terms of
Use.
3.3. Vizidox may, at its sole discretion, delete invalid
(not signed/rejected) and/or uncompleted eDocuments from the System without
notice after 6 months. Vizidox assumes no
liability or responsibility for a party’s failure or inability to
electronically sign any eDocuments within such a period of time.
3.4. Vizidox may retain Transaction Data for as long as it
has a business purpose to do so.
PRIVACY
POLICY
This privacy policy
statement sets out the data processing practices carried out through your use
of this website www.vizidox.com. If you have any requests
concerning your personal information or any queries with regard to these
practices please contact us at info@vizidox.com.
LINKS
This privacy policy
only covers the Vizidox web site at vizidox.com. We are not
responsible for the data policies or the content of external websites that are
linked to and from www.vizidox.com.
HOW DO WE COLLECT
INFORMATION FROM YOU?
We obtain information
about you when you use our website, for example, when you contact us about
products and services or if you register to receive one of our weekly
newsletters.
WHAT TYPE OF
INFORMATION IS COLLECTED FROM YOU?
The personal
information we collect might include your name, address, email address, IP
address, and information regarding what pages are accessed and when.
HOW IS YOUR
INFORMATION USED?
We may use your
information to:
We review our
retention periods for personal information on a regular basis. We are legally
required to hold some types of information to fulfil our statutory obligations
(for example for job applications). We will hold your personal information on
our systems for as long as is necessary for the relevant activity, or as long
as is set out in any relevant contract you hold with us.
WHO HAS ACCESS TO
YOUR INFORMATION?
We will not sell or
rent your information to third parties.
We will not share
your information with third parties for marketing purposes.
Third Party Service
Providers working on our behalf: We may pass your information to our
third-party service providers, agents subcontractors and other associated
organisations for the purposes of completing tasks and providing services to
you on our behalf (for example to send you mailings). However, when we use
third party service providers, we disclose only the personal information that
is necessary to deliver the service and we have a contract in place that requires
them to keep your information secure and not to use it for their own direct
marketing purposes. Please be reassured that we will not release your
information to third parties beyond the Vizidox Network for them to use for
their own direct marketing purposes, unless you have requested us to do so, or
we are required to do so by law, for example, by a court order or for the
purposes of prevention of fraud or other crime.
YOUR CHOICES
You have a choice
about whether or not you wish to receive information from us. If you do not
want to receive direct marketing communications from us about our exciting
products and services, then you can select your choices by ticking the relevant
boxes situated on the form on which we collect your information.
We will not contact
you for marketing purposes by email, phone or text message unless you have
given your prior consent. We will not contact you for marketing purposes by
post if you have indicated that you do not wish to be contacted. You can change
your marketing preferences at any time by contacting us by email info@vizidox.com
or telephone on 01865 306000.
HOW YOU CAN ACCESS
AND UPDATE YOUR INFORMATION?
The accuracy of your
information is important to us. We are working on ways to make it easier for
you to review and correct the information that we hold about you. In the
meantime, if you change email address, or any of the other information we hold
is inaccurate or out of date, please email us at info@vizidox.com
or telephone on 01865 306000.
You have the right to
ask for a copy of the information Vizidox hold about you by email us at info@vizidox.com
Security precautions
are in place to protect the loss, misuse or alteration of your information.
When you give us
personal information, we take steps to ensure that it’s treated securely. We
are committed to keeping customers’ personal information secure to protect it
from being inappropriately or accidentally accessed, used, shared or destroyed,
and against it being lost.
SECURITY
We endeavour to take
all reasonable steps to protect your personal information and all the data
collected by us is stored on a secure server. The secure server software
encrypts all information you input before it is sent to us.
DISCLOSURES
We will only disclose
personal information to companies and suppliers we work with to deliver our
services.
COOKIES
Cookies may be used
by us to provide you with customised information from our web site. A cookie is
an element of data that a web site can send to your browser, which may then
store it on your system. Cookies allow us to understand who has seen which
pages and advertisements, to determine how frequently particular pages are
visited and to determine the most popular areas of our web site. Cookies may
also allow us to make our web site more user friendly by, for example, allowing
us to save your password so that you do not have to re-enter it every time to
visit our web site.
We sometimes use
cookies to give you a better experience when you return to our web site. Most
web browsers automatically accept cookies. You do not have to accept cookies,
and you should read the information that came with your browser software to see
how you can set up your browser to notify you when you receive a cookie, this
will give you the opportunity to decide whether to accept it. If you disable
cookies from your browser you may not be able to access certain features of a
particular web site.
INTERNET-BASED
TRANSFERS
Using the Internet to
collect and process personal data necessarily involves the transmission of data
on an international basis. Therefore, by browsing this web site and
communicating electronically with us you acknowledge and agree to our
processing of personal data in this way.
18 OR UNDER
We are concerned to
protect the privacy of children aged 18 or under. If you are aged 18 or under‚
please get your parent/guardian’s permission beforehand whenever you provide us
with personal information.
TRANSFERRING YOUR
INFORMATION OUTSIDE OF EUROPE
As part of the
services offered to you through this website, the information which you provide
to us may be transferred to countries outside the European Union (“EU”). If we
do, we will ensure that information is protected to a level which meets the
requirements of UK law. If you use our services while you are outside the EU,
your information may be transferred outside the EU in order to provide you with
those services.
CONTACT INFORMATION
Vizidox Solutions
welcomes your comments regarding this privacy statement. Please feel free to
e-mail us at info@vizidox.com