Website Terms of Use
1. Who we are
1.1 This website at xzistdigital.com (the “Website”) is operated by Xzist Digital Limited, a company registered in England and Wales under company number 16698221, with its registered office at 20 Wenlock Road, London, England, N1 7GU (“Xzist Digital”, “we”, “us”, “our”).
1.2 You can contact us by email at hello@xzistdigital.com or by post at the address in clause 1.1.
2. These terms and your acceptance
2.1 These terms of use (the “Terms”) govern your access to and use of the Website. They apply to every visitor, whether you are browsing, enquiring, viewing our work, reading our content or otherwise interacting with the Website.
2.2 By accessing or using the Website you confirm that you accept these Terms and agree to comply with them. If you do not agree, you must not use the Website.
2.3 We recommend you print a copy for future reference.
2.4 Other legal notices apply in addition to these Terms, in particular our Privacy Policy (see clause 14) and Cookie Policy. Reading them together gives the full picture of how you may use the Website.
3. These terms do not govern any engagement for services
This clause is fundamental. Please read it carefully.
3.1 The Website is a marketing and informational resource only. Nothing on the Website, including any service description, case study, testimonial, result, metric, price, estimate, proposal template, blog post, insight article, video, download or communication, is intended to constitute:
- an offer capable of acceptance by you;
- a contract, or any term of any contract;
- a warranty, guarantee or promise as to any outcome; or
- professional advice of any kind on which you should rely.
3.2 Any engagement of Xzist Digital to provide services (including strategy, design, development, marketing, consultancy, retained services or any other work) will be the subject of a separate written contract agreed and signed between you and Xzist Digital. That separate contract will set out the scope, deliverables, fees, timelines, warranties, intellectual property ownership, liability provisions and all other terms governing that engagement.
3.3 No contract for services comes into existence simply because you have browsed the Website, submitted an enquiry, received a proposal, or exchanged correspondence with us. A contract for services comes into existence only when a separate written engagement contract has been signed by both parties.
3.4 In the event of any conflict between these Terms and a signed engagement contract, the signed engagement contract prevails in respect of the services it covers.
3.5 Where the Website refers to results, metrics, statistics, client outcomes or the performance of past work, those references are illustrative of work we have carried out in the past and are not representations, projections, promises or guarantees of future results. Every project is different and outcomes depend on many factors, some of which are outside our control.
4. No professional advice
4.1 The Website contains general information about digital services, techniques, strategies, trends and related topics. That information is provided for general interest only.
4.2 The Website does not provide, and is not intended to provide, advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of any content on the Website.
4.3 Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete, current or free from error or omission.
5. Access to the Website
5.1 Access to the Website is permitted on a temporary basis. We reserve the right to withdraw, suspend, restrict, vary or discontinue all or any part of the Website without notice.
5.2 We will not be liable if, for any reason, the Website is unavailable at any time or for any period.
5.3 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
5.4 The Website is directed at users in the United Kingdom. We make no representation that the Website or its content is appropriate or available for use in other locations. Those who access the Website from other jurisdictions do so on their own initiative and are responsible for compliance with local law.
6. Licence to use the Website
6.1 We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and view the Website and its content on a single device for your personal, non-commercial use, subject to these Terms.
6.2 This licence does not include, and you must not:
- reproduce, duplicate, copy, re-publish, modify, adapt, translate, distribute, sell, rent, lease, lend, loan, transmit or otherwise commercially exploit any part of the Website or its content;
- use any part of the Website or its content for any commercial purpose;
- remove or alter any copyright, trade mark or other proprietary notice;
- use, copy or extract the Website or any of its content to develop, train, fine-tune, validate or evaluate any artificial intelligence model, large language model, machine-learning system or similar technology, whether for your own use or for the benefit of any third party;
- use any automated system, software, tool, crawler, scraper, bot, spider or similar technology to access, index, harvest, copy, cache, monitor or extract any part of the Website or its content, except that we permit search engines to index the Website for the purpose of providing general search results in accordance with our robots.txt file and any equivalent directive;
- frame, mirror or embed any part of the Website on any other website without our prior written consent;
- reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of any software on the Website, except to the extent such restriction is prohibited by law; or
- attempt to gain unauthorised access to the Website, the server on which it is stored, or any server, computer or database connected to it.
6.3 You may, for your personal, non-commercial use, temporarily cache pages on your device and print a single copy of any page on the Website for your own reference, provided you do not alter the content and keep all notices of copyright and other proprietary rights intact.
6.4 Breach of this clause 6 will result in the immediate termination of your right to use the Website.
7. Intellectual property
7.1 Xzist Digital is the owner or licensee of all intellectual property rights in and to the Website, its underlying code and design, and all text, graphics, images, photographs, videos, logos, button icons, software, data compilations, page layouts and any other material appearing on the Website (together, the “Content”). The Content is protected by copyright, trade mark, database right and other intellectual property laws in the United Kingdom and internationally. All such rights are reserved.
7.2 The name “Xzist Digital”, the Xzist Digital logo, and all associated marks are trade marks of Xzist Digital. You are not permitted to use them without our prior written consent.
7.3 Where the Website displays work carried out for clients (including case studies, portfolio examples, screenshots and client logos), that material is displayed with permission or on a basis permitted by law. Rights in that material may belong to Xzist Digital, to our clients, or to third parties. Nothing on the Website grants you any rights in or to that material.
7.4 If you wish to use any part of the Content in a way not permitted by clause 6, you must request prior written permission from us at hello@xzistdigital.com. We may refuse any request at our discretion.
8. Prohibited use
8.1 You must not use the Website:
- in any way that breaches any applicable law or regulation;
- in any way that is unlawful or fraudulent, or for any unlawful or fraudulent purpose;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material, or any form of spam;
- to knowingly transmit any data or send any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful code;
- to attack the Website via a denial-of-service attack or distributed denial-of-service attack;
- to interfere with, damage, disable, overburden or impair the Website or any server, network or system we use to operate it; or
- in any way that could expose us or any third party to legal liability or regulatory action.
8.2 We will report any breach of clauses 8.1(d) to 8.1(f) to the relevant law enforcement authorities and will co-operate with them, including by disclosing your identity. Your right to use the Website will cease immediately on any such breach.
9. Accuracy, completeness and availability
9.1 While we make reasonable efforts to ensure that the Content on the Website is accurate and up to date, we give no warranty or guarantee that:
- the Content is accurate, complete, current, reliable or free from errors or omissions;
- the Website will be available on an uninterrupted basis, or will be free from delays, faults or bugs;
- the Website or the servers that make it available are free from viruses or other harmful components; or
- the Website is compatible with your hardware, software, network or device.
9.2 You should not rely on the Content for any purpose. Any reliance you place on the Content is strictly at your own risk.
10. Links from the Website
10.1 Where the Website contains links to other websites and resources provided by third parties, those links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or of any information you may obtain from them.
10.2 We have no control over, and accept no responsibility for, the content, availability, privacy practices, or operation of any third-party website.
10.3 You access third-party websites at your own risk.
11. Linking to our Website
11.1 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.
11.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement by us where none exists.
11.3 You must not establish a link to our Website from any website that is not owned by you or that contains content that breaches clause 8.1 or the content standards equivalent to those that would apply to you if you were a publisher.
11.4 You must not frame, mirror, or create a deep link to our Website without our prior written consent.
11.5 We reserve the right to withdraw linking permission at any time without notice.
12. Disclaimers
12.1 Subject always to clause 13.1, and to the fullest extent permitted by law:
- the Website and all Content are provided on an “as is” and “as available” basis, without any representations, warranties, conditions or other terms of any kind, whether express or implied;
- we expressly exclude all representations, warranties, conditions and other terms which, but for this clause, might have effect in relation to the Website, including any implied terms as to quality, fitness for purpose, accuracy, completeness, non-infringement, compatibility, security, or the absence of errors or viruses; and
- we make no warranty that the Website or the Content will meet your requirements.
13. Liability
13.1 Liabilities we do not exclude. Nothing in these Terms excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any liability under the Consumer Protection Act 1987 in respect of defective products; or
- any other liability that cannot lawfully be excluded or limited.
13.2 Exclusion of liability – general. Subject to clause 13.1, and to the fullest extent permitted by law, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, for any:
- loss of profits, sales, business, revenue or anticipated savings;
- loss of business opportunity, goodwill or reputation;
- loss or corruption of data or information;
- business interruption; or
- any indirect, special or consequential loss, damage, costs or expenses,
arising under or in connection with your use of, or inability to use, the Website or reliance on any Content.
13.3 Cap on liability. Subject to clauses 13.1 and 13.2, and to the fullest extent permitted by law, our total aggregate liability to you arising under or in connection with these Terms or your use of the Website, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, will not exceed £100.
13.4 The Website is made available free of charge. In light of this, and in light of the fact that these Terms govern only your use of the Website (and not any paid engagement for services, which is dealt with separately under clause 3), the limitations in this clause 13 are reasonable and proportionate.
13.5 Different limitations and exclusions of liability will apply to any separate engagement contract we enter into with you for services, as set out in that contract.
13.6 Nothing in this clause 13 affects any statutory rights you have that cannot lawfully be excluded or limited (including, where you are a consumer, rights under the Consumer Rights Act 2015).
14. Privacy and cookies
14.1 We use any personal data you provide to us or that we collect from you in accordance with our Privacy Policy, available at xzistdigital.com/privacy.
14.2 The Website uses cookies and similar technologies as described in our Cookie Policy, available at xzistdigital.com/cookies.
15. Changes to these Terms
15.1 We may revise these Terms from time to time. The revised Terms apply from the date they are posted on the Website.
15.2 Please check these Terms each time you visit the Website to ensure you understand the version that applies at the time. Your continued use of the Website after revised Terms are posted constitutes acceptance of the revised Terms.
16. Changes to the Website
16.1 We may update and change the Website and the Content from time to time to reflect changes to our services, our users’ needs, and our business priorities. We will try to give reasonable notice of any major changes.
17. Severability and waiver
17.1 If any provision (or part of a provision) of these Terms is or becomes invalid, illegal or unenforceable, that provision (or part of a provision) will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision (or part of a provision) will be deemed deleted. Any such modification or deletion will not affect the validity and enforceability of the remainder of these Terms.
17.2 No failure or delay by us to exercise any right or remedy under these Terms or by law will constitute a waiver of that or any other right or remedy. A waiver of any right under these Terms is only effective if given in writing.
18. Entire agreement
18.1 These Terms, the Privacy Policy and the Cookie Policy constitute the entire agreement between you and us in relation to your use of the Website.
18.2 Nothing in this clause 18 operates to exclude or limit any liability for fraud or fraudulent misrepresentation, nor does it affect any statutory right you have as a consumer.
19. Third-party rights
19.1 A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms. This clause does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
20. Governing law and jurisdiction
20.1 These Terms, their subject matter and their formation (and any non-contractual disputes or claims arising out of or in connection with them) are governed by the law of England and Wales.
20.2 You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms, except that if you are a consumer and you live in Scotland, you may bring proceedings in Scotland, and if you are a consumer and you live in Northern Ireland, you may bring proceedings in Northern Ireland.
21. Contact
Any questions about these Terms should be addressed to:
Xzist Digital Limited20 Wenlock Road, London, England, N1 7GU
Email: hello@xzistdigital.com
© Xzist Digital Limited. All rights reserved.