Terms and Conditions of Use
Last updated 12th September 2022
BY ACCESSING, REGISTERING AND USING OUR SERVICES, YOU:
1. General provisions
1.4. You must be at least 18 years old to use VDX application Service. If you are younger than 18 years old please immediately stop using the VDX application and cancel your account. VDX 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. Ownership and license to use our Services
4. Scope of use
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. Your Account
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. User content
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.
6.4. 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. Prohibited User Content
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.
9. Term and Termination
9.3. If you wish to terminate your Account, you may do so by following the instructions through your Account.
10. Disclaimer of warranties
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.
11. Limitations of liability
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.
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.
13.2. 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.
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. Vizidox Signature usage and limitations
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. eDocuments storage and deletion
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.
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:
- process orders that you have submitted
- to carry out our obligations arising from any contracts entered into by you and us
- seek your views or comments on the services we provide
- notify you of changes to our services
- send you communications which you have requested and that may be of interest to you. These may include information about campaigns, products and marketing activities, promotions of our associated company’s goods and services
- process a job application
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.
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 firstname.lastname@example.org 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 email@example.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 firstname.lastname@example.org
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.
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.
We will only disclose personal information to companies and suppliers we work with to deliver our services.
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.
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.
Vizidox Solutions welcomes your comments regarding this privacy statement. Please feel free to e-mail us at email@example.com