Who these Terms apply to
These Terms apply to any individual who registers for an account with us to use our encrypted, online storage platform (“Digital Vault”) which enables individuals to store and prove ownership of products. By using, registering or logging in to use the Digital Vault, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use our Digital Vault.
Any individual accessing the Digital Vault must be 18 years or above. You should not use our Digital Vault if you are below this age.
There are other terms that may apply.
We may make changes to these Terms.
These Terms may be updated or amended from time to time and each End User is encouraged to check these Terms regularly to ensure they understand the terms that apply. Where there is a material change to the Terms (including any obligations on an End User), we will notify through the Digital Vault.
We may make changes to our Digital Vault.
We may update and change our Digital Vault from time to time to reflect changes to our products, 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 Digital Vault
Our Digital Vault is made available to You free of charge. We do not guarantee that our Digital Vault, 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 Digital Vault for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
1. You must keep your account details safe
You shall keep your password secure for use of the Digital Vault and not permit any third party entity (or representative of such entity) to use the account which is created to access the Digital Vault.
We have the right to suspend access to or disable Your account, at any time, if in our reasonable opinion You have failed to comply with any of the provisions of these Terms.
If You know or suspect that anyone other than You knows your user identification code or password, You must promptly notify us at firstname.lastname@example.org.
2. Network Connections
You are solely responsible for procuring and maintaining Your network connections and telecommunications links from your systems to the Digital Vault and we are not liable for any delays, delivery failures and any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
You are responsible for configuring Your information technology, computer programmes and platform to access the Digital Vault. You should use Your own virus protection software.
Additionally, You acknowledge that the Digital Vault may be accessible worldwide, but this does not mean all elements are available in Your country or that user-generated content available via the Digital Vault is legal or available in Your country. Access to the Digital Vault (or certain features therein) may be blocked by us or foreign governments if required under applicable law.
3. How you may use the Digital Vault
You must not access or use the Digital Vault for any purpose that is unlawful or prohibited by law of these Terms. You must not misuse our Digital Vault by knowingly introducing viruses, or other material that is malicious or technologically harmful. You must not attack our Digital Vault via a denial-of-service attack or a distributed denial-of service attack. You must not attempt to gain unauthorised access to the Digital Vault, or any system, server, cloud system, computer or database connected to the Digital Vault.
4. Information on the Digital Vault
Where the Digital Vault contains links to other sites 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 sites or resources.
The Digital Vault may include information and materials uploaded by other users which have not been verified or approved by us. The views expressed by other users on the Digital Vault do not represent our views.
5. No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Digital Vault, or any services provided via, or in relation to, our Digital Vault. This includes using (or permitting, authorising or attempting the use of):
Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Digital Vault or any data, content, information or services accessed via the same.
Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The Digital Vault (and data within the Digital Vault) is provided on an ‘as is’ basis. We make no guarantees or warranties regarding the performance of the Digital Vault and all implied warranties and conditions are excluded to the fullest extent permitted by law.
We do not guarantee that the Digital Vault, or any content on it, will always be available or be uninterrupted. The performance of the Digital Vault is variable; it might run slow from time to time.
We do not guarantee that the Digital Vault will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Digital Vault.
2. We are not responsible for websites we link to
Where our Digital Vault contains links to other sites 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 sites or resources.
The Digital Vault shall authenticate ownership of products and create a digital product passport for Your products. We will share Your personal data with Avata, a selected third party who connect insurance providers with digital asset owners. Avata may, if requested by You, provide their services to you to and any services offered by Avata will be subject to their terms and conditions.
We do not exclude or limit in any way our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation; or
any other loss which cannot be excluded by law.
Otherwise, your use of the Digital Vault is entirely at Your own risk. To the fullest extent permitted by law we will not be liable for any loss or damage (including any loss of data), however caused (including through negligence), which any person or entity may directly or indirectly suffer in connection with or arising from Your use of this Digital Vault or any linked content or Your use of or reliance on information contained on or accessed through the Digital Vault.
We are the owner or the licensee of all intellectual property rights in our Digital Vault (including in relation to text, graphics, logos, icons, sound recordings, software and source code). You shall not acquire in any way any rights of ownership in such or intellectual property rights. We hereby grant to you a non-transferable, non-exclusive, revocable licence to use our Digital Vault in accordance with these Terms. Your right to use such intellectual property is limited to the extent that such use arises automatically in the use of the Digital Vault in accordance with these Terms.
You retain all of Your ownership rights in the content You upload to the Digital Vault through Your account or any feedback You provide us with in respect of the Digital Vault, but we are entitled to access and use the information You provide to us through the Digital Vault in order to provide services or comply with our obligations under these Terms. You hereby grant us a royalty-free, non-transferable, non-exclusive licence to use, disclose, modify, copy and other otherwise utilise such content to the extent necessary to for us to comply with our obligations under these Terms, to maintain a functioning Digital Vault or to enhance features or fix bugs within the Digital Vault.
Data (including personal data)
1. Uploading Data
You are solely responsible for the quality and accuracy of any data and/or content that You upload. As part of Your use of the Digital Vault, You may submit or make available certain content, information and data and You are responsible for any such information uploaded. You assume all risks associated with any data uploaded, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure that makes You or anyone else personally identifiable. You represent and warrant that You own or have the necessary rights, consents, and permissions to use and authorise the use of such data as described herein. You may not imply that data uploaded by You are in any way sponsored or endorsed by us.
You shall not create a false identity or submit inaccurate, false or misleading information.
You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.
2. Personal Data
Breach of these Terms
When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate, including all or any of the following actions:
immediate, temporary or permanent withdrawal of Your right to use the Digital Vault, including termination of Your account.
issue of a warning to You.
commencement of 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. This means you will be responsible for any loss or damage we suffer as a result of Your breach of these Terms.
disclosure of such information to HMRC or law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Which country's laws apply to any disputes?
Our Digital Vault may be accessible worldwide, but this does not mean all elements are available in Your country or that content available via the Digital Vault is legal or available in Your country. Access to the Digital Vault (or certain features within the Digital Vault) in certain countries may be blocked by us or foreign governments. It is Your responsibility to make sure Your use of the Digital Vault is legal or available where You use them.
These Terms, 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.
These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Terms.