LEGALLY BINDING TERMS AND CONDITIONS
Version: 1.1
Dated: 11 November 2014
1. INTRODUCTION
Our site provides a logo design service, where symbols, fonts, shapes, colours and other design elements are combined with your material to create a logo (logo).
This page sets out the terms on which you may make use of our website www.withoomph.com (our site) and our logo design services (our services). Logos are provided at different resolutions.
Please read these terms of use carefully. We recommend that you print a copy of this for future reference. By using our site, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our site.
We may revise these terms of use at any time by amending this page. Please check and review any changes, as they are binding on you.
2. INFORMATION ABOUT US
We are Withoomph! Limited, and we operate this website. We are registered in England and Wales under company number 07851862 and have our registered office at 38 Byron Street, Altrincham, Cheshire, WA14 2EN. You can email us at support@withoomph.zendesk.com.
3. ACCESSING OUR SITE
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
4. YOUR ACCOUNT AND PASSWORD
If you choose to register a user name and password on our site, you must keep your password secret. We may disable any account or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
5. PRIVACY
We may collect and process the following data about you:
- Information you give us. You may give us information about you by filling in forms on our site or by corresponding with us by e-mail or otherwise;
- Information we collect about you. We may automatically collect information about your visit to our site and other technical information, including the Internet protocol (IP) address you use to connect to the Internet, your login information, browser type and version, operating system and platform; and
- Information we receive from other sources. We work with third parties (including, for example, sub-contractors in technical and payment services) and may receive information about you from them.
We use information held about you in the following ways:
- Information you give to us. We will use this information:
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
- to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data or unsubscribe using the link provided);
- to notify you about changes to our service;
- to ensure that content from our site is presented in the most effective manner for you and for your computer.
- Information we collect about you. We will use this information:
- to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our site to ensure that content is presented in the most effective manner for you;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep our site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
- Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above.
We may share your information with selected third parties including:
- Business partners, suppliers and sub-contractors for the performance of any contract we enter into with you.
- Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.
- Analytics and search engine providers that assist us in the improvement and optimisation of our site.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation; or in order to enforce or apply our terms; or to protect our rights, property, or safety (or the rights, property or safety of our employees, customers, or others). This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.
The Data Protection Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
6. COOKIES
Our website uses cookies (small files stored on your computer, laptop, or other device) to distinguish you from other users of our website. This helps us to provide and improve our services to you, and helps provide you with a good experience when you browse our website. We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You can find more information about the individual cookies we use and the purposes for which we use them in the table below. Except for essential cookies, all cookies will expire after 24 hours.
| withoomph_session | This cookie is used to idenitify your current session on the site. The only information stored in this cookie is an integer value to identify the session. |
| .ASPXAUTH | This cookie is used when you login to your account on the site so that we remember you are logged in. We also store your email address, your first name, and the integer value we use to identify you as a user in our system. This information is encrypted and cannot be read by anything other than our system. Please note that if this ticket is tampered with we will immediately know and you will be logged out. |
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
7. OUR SITE’S INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. “Withoomph” and our logo are trade marks of Withoomph! Limited.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must destroy any copies you have made.
8. PROVIDING INFORMATION TO US
Any information and material you provide (as part of the logo design service or otherwise) must not:
- Contain any material which is defamatory of any person;
- Contain any material which is obscene, offensive, hateful or inflammatory;
- Promote sexually explicit material;
- Promote violence;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe any copyright, database right or trade mark of any other person;
- Be likely to deceive any person;
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- Promote any illegal activity;
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- Be likely to harass, upset, embarrass, alarm or annoy any other person;
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- Give the impression that they emanate from us, if this is not the case; or
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You promise that any material you upload complies with the above, and you will be liable to us and indemnify us for any breach of that promise. This means you will be responsible for any loss or damage we suffer as a result of your breach of your promise.
Any information and material you provide will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your material, but you grant us a limited licence to use, store and copy that information and material and to distribute and make it available to third parties to enable us to provide our services to you, and to market similar services to you.
We also have the right to disclose your identity to any third party who is claiming that any information or material uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
9. OUR LOGO SERVICES
The prices for our services are set out on our site. Our prices may change at any time, but price changes will not affect orders that we have confirmed with you. These prices include VAT.
Our services are provided as soon as you place an order for a logo on our site. Therefore you may only cancel a contract to provide a logo if we are in material breach of these terms. We may cancel any contract (and any licence to use any logo) if you do not pay for our services when payment is due, or if you break the contract in any other material way and you do not correct or fix the situation within seven days of us asking you to in writing.
The design process for each logo incorporates information that you provide, and is automated. The resulting logo may be the same as, or similar to, an existing logo or trademark. Any element of the logo we provide may already be used by others, and may also be offered to third parties in the future. We do not accept liability for any breach of trademark, passing off, or any other intellectual property claim that arises from your use of the logo. We recommend that you check to make sure that the logo and all of its design elements comply with any trading standards and marketing regulations, and do not infringe any third party’s existing intellectual property rights before you use it.
Upon receipt of payment for each logo you order from us, we grant you a non-exclusive, royalty free, worldwide, irrevocable, perpetual license to use, reproduce and distribute that logo; and sell, assign and/or transfer the rights licensed to you in that logo to any person (licence). The licence is personal and may not be sub-licensed by you to any person.
We reserve all other rights in respect of the logo.
We promise that we have obtained a license from the relevant third parties to incorporate any symbols that we supply as design elements of a logo. However, those suppliers do not provide any warranty as to the nature and use of those elements.
In the unlikely event that there is any defect with a logo please contact us and tell us as soon as reasonably possible and please give us a reasonable opportunity to review the defect, and if necessary provide a defect free version.
If you are a consumer, you have legal rights in relation to our services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
10. LIMITATION OF OUR LIABILITY
Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site;
- use of, or inability to use a logo, due to any trading standards, marketing codes, or other lawful restraints on business names, trading names, branding, logos, and packaging;
- use of, or inability to use a logo due to any third party’s intellectual property rights.
- If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
11. LINKING TO OUR SITE
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. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
12. APPLICABLE LAW
If you are a consumer, please note that English law governs these terms. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, English law governs these terms. We both agree to the exclusive jurisdiction of the courts of England and Wales.