TERMS AND CONDITIONS OF USE OF DEVIGO.COM

1 ACCEPTANCE OF TERMS

1.1 Your access to and use of Devigo.com ("Devigo") is subject exclusively to these Terms and Conditions. You will not use Devigo for any purpose that is unlawful or prohibited by these Terms and Conditions. By using Devigo you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using Devigo and contact us immediately.

1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of Devigo following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.

2 USERNAME, NUMERIC SECURITY CODE AND GENERAL SECURITY

In using Devigo, you will be granted access via a secure username and numeric security code. You are responsible for maintaining the confidentiality of the username and numeric security code and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or numeric security code or any other breach of security. In no event will Devigo be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or numeric security code. You may not use another person's username and/or numeric security code at any time, without the express permission of the user concerned.

3 ACCEPTABLE USES

3.1 You acknowledge that all data, information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), which we digitise for you, are the sole responsibility of the person or commercial entity from whom such Content originated. We do not scrutinise or endorse the Content. Devigo will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via Devigo and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

3.2 In using Devigo you agree not to:

3.2.1 make available or try to distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;

3.2.2 make available or try to distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;

3.2.3 make available or try to distribute or disseminate material or information that could threaten, abuse, disrupt, or otherwise violate the legal rights (including rights of privacy and publicity) of others personal or commercial;

3.2.4 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;

3.2.5 make available or provide for the uploading of files that contain any virus, worm, trojan or corrupt data that may damage the operation of Devigo, its computer systems or the computer systems of another;

3.2.6 impersonate any person or entity for the purpose of misleading others;

3.2.7 violate any applicable laws or regulations;

3.2.8 use Devigo in any manner that could damage, disable, overburden or impair Devigo or interfere with any other party's use and benefit of Devigo;

3.2.9 make available or try to distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);

3.2.10 attempt to gain unauthorised access to Devigo, other user’s accounts, computer systems or networks connected to Devigo through hacking, password mining or any other means.

4 TERMINATION

We have the right to terminate your access to Devigo at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions and or late payment as defined within you agreement between Devigo and you. If you are in breach of any of these Terms and Conditions (including late payment) then we reserve the right to suspend or terminate your access to Devigo and you agree that we shall not be liable to you or any third party for any termination of your access to Devigo.

5 LINKS TO THIRD PARTY WEBSITES

Devigo may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Devigo is not responsible for the content or availability of any such sites.

6 INTERNATIONAL USE

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

7 INTELLECTUAL PROPERTY RIGHTS

Devigo and its content (including without limitation Devigo’s designs, text, graphics and all software and source codes connected with Devigo) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing Devigo you agree that you will access the contents solely for your commercial use. None of the Devigo website content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of Devigo (granted here for your internal distribution only).

8 INDEMNITY

You agree to indemnify and hold Devigo harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Devigo by any third party arising out of your use of Devigo and/or any Content digitised by Devigo, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Devigo in consequence of your breach of these Terms and Conditions.

9 DISCLAIMERS AND LIMITATION OF LIABILITY

9.1 Use of Devigo is comprehensively defined within your agreement between Devigo and you. Devigo and its services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

9.2 To the extent permitted by law, Devigo will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of Devigo.

9.3 Devigo makes no warranty that Devigo will meet your requirements, that your Content will be accurate or reliable, that the functionality of Devigo will be uninterrupted or error free, that defects will be corrected or that Devigo or the servers that makes it available are free of viruses or anything else which may be harmful or destructive.

9.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Devigo for death or personal injury as a result of the negligence of Devigo.

9.5 Nothing in these Terms and Conditions shall affect your statutory rights as defined under English law.

10 SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

11 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.