This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions on which we supply any services listed on our website to you, the Customer (Terms).
These Terms will apply to any contract between us for the supply of services to you. Please read these terms carefully, and make sure that you understand them, before ordering any services from our site. Please note that by ordering any of our services, you agree to be bound by these terms and the other documents expressly referred to in it.
You should print a copy of these terms or save them to your computer for future reference.
We amend these terms from time to time as set out in clause 8. Every time you wish to use the Services, please check these terms to ensure you understand the terms which will apply.
These terms, and any contract between us, are only in the English language.
1.1 In these Terms the following expressions shall have the following meanings:
“Account” means the Customer’s account with the Company to provide the Services
“30 Day Free Trial” means the 30 day trial period when the service is supplied without charges to the Customer.
“Business Day” means the period from 0900 hours to 1700 hours UK Greenwich mean time Monday to Friday.
“Charges” means the charges payable by the Customer for the Services supplied by the Company.
“Contract” means these Terms and any specific terms and conditions that relate to an individual Service – these taken as a whole constitute the agreement between the Customer and the Company.
“Dijest Platform” means the hardware and software delivering the Service(s) to the Customer.
“Company” means Dijest Ltd trading as Dijest, reg.no.10180673 of Appledram Barns, Birdham Road, Chichester, West Sussex PO20 7EQ United Kingdom.
“Customer” means the individual or company or organization whose name and address are provided when an Account is opened.
“Company Website(s)” means website(s) published by the Company.
“Database Right” means the rights in the Service databases including those rights contained in section 3(1)a of the Copyright Designs and Patents Act 1988 and Part III of the Copyright and Rights in Database Regulations 1997.
“Due Date” means the date of the Company’s invoice.
“Full service Account” means the Customer has chosen to upgrade and pay for the service.
“Intellectual Property Right” means all copyrights (including copyright in computer software), database rights, rights in inventions, patent applications, patents, trademarks, trade names, know-how, service marks, design rights (whether registered or unregistered), database rights, semi-conductor topography rights, trade secrets, rights in confidential information and all other industrial or intellectual property rights of whatever nature worldwide.
“Law” means the law of England and Wales.
“Monthly Plan” means the account option chosen by the customer when opening the account.
“Password” means the password entered to gain access to the Company Services.
“Service(s)” means the service(s) supplied by the Company to the Customer as set out on the website.
“Specific Terms and Conditions” means specific terms and conditions that relate to a specific service not covered by the general Terms and agreed with the Customer at the time of order.
“Username” means the name provided by the Company to the Customer to be used to login into their account.
“You” and “Your” means the Customer.
“We” and “Our” means the Company.
2 Information about us
2.1 We operate the website https://dijest.io. We are Dijest Limited, a company registered in England and Wales under company number 10160873 and with our registered office at Appledram Barns, Birdham Road, Chichester, West Sussex, PO20 7EQ.
2.2 To contact us, please see our Contact Us page.
3 Our Services
3.1 In consideration of your paying the Charges, we agree to provide the Services to you subject to the terms and conditions set out in this Contract. Where Services are supplied at no charge clauses 11 (excepting clause 11.4) and 13 do not apply.
3.2 We will endeavour to provide a high quality of uninterrupted service. However it may be necessary from time to time to suspend a service or all services to carry out maintenance on the Dijest Platform. Should such a suspension prove necessary we will endeavour to notify you this is to occur but on occasion such notification may not be possible as the break in service will be caused by circumstances beyond the Company’s control.
3.3 In the interests of improving Services and responding to developments in the market the Company reserves the right to upgrade, replace, change, add or delete Services or aspects of individual Services from time to time.
3.4 Where we supply you with software, you will not copy and/or distribute this software without our written permission.
3.5 The Services are supplied to you on the basis of a license. Dijest grants you a limited license to access the Dijest Platform and to use the Services in accordance with the terms stated here and any additional guidelines provided to you. These guidelines may be communicated with you via email, postal mail, or our website. This usage license is for personal and business use and cannot be resold as a product or part of a product for commercial gain without prior approval by Dijest. The license will terminate on termination of the Contract for any reason.
4 Use of our Website
4.1 Your use of our site is governed by our terms of website use and acceptable use policy. Please take the time to read these, as they include important terms which apply to you.
5 How we use your personal information
6.1 You confirm that you have authority to bind any business on whose behalf you use our site to purchase Services.
6.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
7 How the contract is formed between you and us
7.1 Our website will guide you through the steps you need to open an Account with us.
7.2 New accounts come with a 30-day Free Trial, by the end of which any Customer wishing to continue with the Account must upgrade to a full service account by agreeing to one of the payment plans detailed on our website.
7.3 The individual opening the Account will be able to invite other employees of the Customer to use the Account if they have opted for the Pro Plan Account.
7.4 The final requirement before submitting details is to agree the Terms by ticking the appropriate box on the website. If you fail to accept the Terms you will not be able to access the Services.
7.5 We will confirm our acceptance of your full service Account to you by sending you an email (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
7.6 If we are unable to supply you with a Service we will inform you of this by email and we will not process your order. If you have already paid for the Service, we will refund you the full amount as soon as possible.
8 Our right to vary these terms
8.1 We may revise these Terms from time to time in the following circumstances:
- changes in how we accept payment from you
- changes in relevant laws and regulatory requirements
- changes in the industry or in our business
8.2 Every time you order Services from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
9 Your responsibilities
9.1 Your use of our website, Platform and our Services are solely your responsibility. Items passed by you across the Dijest Platform and the links included in all such Items are solely your responsibility, and its accuracy and your rights to publish it are also your responsibility.
9.2 You own the copyright of your newsletters, but only the element of the content included originated by you. This does not include material from other sources. Dijest reserves the right to remove any content where technically possible which is challenged on the grounds of copyright infringement.
9.3 Where Dijest uses an API to provide access to parts of its site and Services, and where a user makes use of these features, they must do so in a non-abusive manner. If Dijest deems a user to be doing anything that is detrimental to the integrity of the system they reserve the right to withdraw access to the feeds and API at any time.
9.4 You accept that to prevent misuse of your Dijest Account by others it is your responsibility to keep your Username and Password confidential.
10 Warranties and Indemnity
10.1 We warrant and undertake to perform the Services using reasonable skill and care.
10.2 Subject to Clause 6.1, you acknowledge that the Services are standard services. We therefore exclude any condition or warranty of any kind whatsoever express or implied, statutory or otherwise, concerning the fitness for any particular purpose of the Services.
10.3 Should you use the Services in a manner contrary to these Terms that causes injuries in any way to the ownership rights or otherwise of a third party you shall indemnify the Company against any costs, losses, damages, expenses (including legal expenses) that result from this misuse.
11 Charges and payment
11.1 The website contains details of different Monthly Plans.
11.2 The Customer will select the appropriate Monthly Plan and will be charged based on the charges for the Monthly Plan selected.
11.3 The Company will collect the Charges in advance for the coming month or for a longer period if agreed with the Customer.
11.4 In the first 30 days of the Account being opened the service will be provided free of charge (30-day Free Trial). During the 30-day free trial period, the Customer will have the option to upgrade the account to a full service account but no charge will be paid until the conclusion of the Free Trial.
11.5 If the Customer has opted to upgrade the Account to a full service account during the 30-day Free Trial period, on the 31st day after the Account has been opened the Customer shall then be invoiced on a monthly calendar basis in advance and the Customer will pay on a monthly calendar basis in advance. Failure to pay on the Due Date will result in a suspension of the service.
11.6 All sums due from the Customer to the Company shall be paid either by credit or debit card, or as directed on our website, or as specifically agreed with the Customer.
11.7 Without prejudice to any other right or remedy that the Company may have, if the Customer fails to pay the Company on the Due Date the Company may:
- Charge interest on such sum from the Due Date at the annual rate of 3% above the base lending rate from time to time of Barclays Bank PLC accruing on a daily basis and being compounded quarterly until payment is made whether before or after any judgment
- suspend the performance or further performance of the Services under the Contract until payment has been made in full to the Company
11.8 All sums payable to the Company under the Contract shall become due immediately on its termination.
12.1 We only supply the Services for internal use by your business, and you agree not to re-sell the Services without the Company’s written approval.
12.2 Nothing in these Terms limit or exclude our liability for:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession)
12.3 Subject to clause
12.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- Any loss of profits, sales, business, or revenue
- Loss or corruption of data, information or software
- Loss of business opportunity
- Loss of anticipated savings
- Loss of goodwill
- Any indirect or consequential loss
12.4 Subject to clause 12.2 and clause 12.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the fees paid for the Services during the 3 months immediately preceding the date on which the claim arose.
12.5 Except as expressly stated in these Terms, your use of the Service is solely at your own risk and we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular and without limitation, we will not be responsible for ensuring that:
• The Services are suitable for your purposes
• The Services will be secure or available at any particular time or location
• Any defects or errors will be corrected
• Any software or material available at or through the Service is free of viruses or other harmful components
13.1 Either party may terminate the Contract at any time.
13.2 On termination the Customer will continue to receive the service until the end of their pre-paid period which normally will be no longer than 31 days.
13.3 Without prejudice to any other rights or remedies which the parties may have, either party may terminate this Contract without liability to the other immediately on giving notice to the other if:
- The other party fails to pay any amount due under this Contract on the due date for payment and remains in default not less than 20 Business Days after being notified in writing to make such payment
- The other party commits a material breach of any of the terms of this Contract and (if such a breach is remediable) fails to remedy that breach within 20 Business Days of that party being notified in writing of the breach
- The other party repeatedly breaches any of the terms of this Contract in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Contract
- The other party suspends, or threatens to suspend, payment of its debts, is unable to pay its debts as they fall due, admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986
- The other party commences negotiations with all, or any class of, its creditors with a view to rescheduling any of its debts, or makes a proposal for, or enters into any compromise or arrangement with, its creditors other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies, or the solvent reconstruction of that other party
- A petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with the winding up of that other party (other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies, or the solvent reconstruction of that other party)
- An application is made to court, or an order is made, for the appointment of an administrator, a notice of intention to appoint an administrator is given, or an administrator is appointed over the other party
- A floating charge holder over the assets of that other party has become entitled to appoint, or has appointed, an administrative receiver
- A person becomes entitled to appoint a receiver over the assets of the other party, or a receiver is appointed over the assets of the other party
- A creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 10 Business Days
- Any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 14.1(d) to clause 14.1(j) (inclusive)
- The other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business
- There is a change of control of the other party (as defined in section 574 of the Capital Allowances Act 2001)
13.4 The parties acknowledge and agree that any breach of clause 3 shall constitute a material breach for the purposes of this clause 13.
13.5 On termination of this Contract for any reason:
- The Customer shall immediately pay to the Company all of the Company’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Company may submit an invoice, which shall be payable immediately on receipt
- The accrued rights and liabilities of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected
14 Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- We will contact you as soon as reasonably possible to notify you
- Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over
15 Communications between us
15.1 When we refer, in these Terms, to “in writing”, this will include email.
15.2 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
15.3 Any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16.1 By virtue of this Contract, each party may have access to information that is confidential to the other (“Confidential Information”). Confidential Information shall include payment details, correspondence between the parties, and all information clearly identified as confidential.
16.2 A party’s Confidential Information shall not include information which:
- Is or becomes a part of the public domain through no act or omission of the other party
- Was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party
- Is lawfully disclosed to the other party by a third party without restriction on disclosure
- Is independently developed by the other party without breach of the Contract
- Is required to be disclosed by operation of law
16.3 Each party agrees not to make the other’s Confidential Information available in any form to any third party or to use the other’s Confidential Information for any purpose other than the performance of this Contract. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or third parties in violation of this Contract.
17 Data protection
17.1 The parties shall comply with the provisions of the Data Protection Act 1998 as amended from time to time.
17.2 You give us and other users the right to process any information provided by you in the course of providing the Services.
18 Other important terms
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the supply of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree 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 a resident of Scotland you may also bring proceedings in Scotland.
18.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.