Legal

Website Terms of Use

Version 1.0 Effective

1. INTRODUCTION

(a) These terms of use (Website Terms) apply when you use https://itsm-ltd.com/ (the Website) — the corporate website of ITSM Ltd. Every page of the Website is public: there is nothing to sign in to.

(b) These Website Terms govern this Website only. ITSM Ltd holds a portfolio of ventures, and each venture’s own website and product are governed by that venture’s own legal documents, published on its own site. Buying from, subscribing to or using a venture’s product creates a relationship under those documents, not under these Website Terms.

(c) You agree to be bound by these Website Terms, which form a binding contractual agreement between you and us, ITSM Ltd, a company registered in England and Wales under company number 17339600, with registered office at 167-169 Great Portland Street, 5th Floor, London, W1W 5PF (‘we’, ‘our’ or ‘us’).

(d) If you do not agree to these Website Terms, you must refrain from using the Website.

(e) We may change these Website Terms by posting the updated version at https://itsm-ltd.com/legal/terms-of-use, showing its new version number and effective date, at least 30 days before it takes effect. Your continued use of the Website after that date represents your agreement to the Website Terms as amended.

2. WHAT THE WEBSITE IS FOR

The Website describes ITSM Ltd — the holding company behind our ventures in service management, artificial intelligence and publishing — and presents our portfolio, our philosophy, a journal of our writing, our contact details and our legal pages. You may use it for those purposes: to find out about us and our ventures, to read what we publish, to contact us, and to follow links to our ventures’ own websites, in accordance with these Website Terms and any applicable laws.

Descriptions of a venture or its product on this Website are introductions only. The authoritative description of any product — its features, tiers, prices and terms — is the one published on that venture’s own website.

3. YOUR OBLIGATIONS

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent;

(b) use the Website for any purpose other than the purposes described in clause 2;

(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent, or that facilitates illegal or fraudulent activity;

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host it;

(e) scrape the Website, extract its content in bulk, or use any automated tool in a way that places an unreasonable load on it or circumvents any access control — this does not stop you using ordinary browser tools, assistive technology or a search engine’s ordinary indexing;

(f) act unlawfully or maliciously towards us, including by framing the Website or by linking to it in a way that misrepresents your relationship with us; or

(g) attempt to breach the security of the Website, or otherwise interfere with its normal functions, including by:

(i) gaining unauthorised access to any system reachable through the Website;

(ii) scanning, probing or testing the Website for security vulnerabilities — except where you do so in good faith, without accessing or altering anyone else’s data, without degrading the service for others, and where you report what you find to us promptly and privately in accordance with clause 9;

(iii) overloading, flooding, mail-bombing, crashing, or submitting a virus to the Website; or

(iv) instigating or participating in a denial-of-service attack against the Website.

4. INFORMATION ON THE WEBSITE

While we make every effort to ensure that the information on the Website is as up to date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(a) the Website will be free from errors or defects;

(b) the Website will be accessible at all times;

(c) messages sent to us will be delivered promptly, or delivered at all;

(d) information published on the Website is complete or free from omission; or

(e) any information provided through the Website is accurate or true.

We may change the information and functionality on the Website by updating it at any time. Where a change is a change to these Website Terms, clause 1(e) applies to it.

5. INTELLECTUAL PROPERTY

(a) We retain ownership of the Website and the materials we publish on it — including text, journal articles, graphics, logos, design, icons and images (Website Content) — and we reserve all intellectual property rights owned or licensed by us that these Website Terms do not expressly grant you.

(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it, and you may quote briefly from Website Content with attribution, as fair dealing permits. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without our prior written consent or as permitted by law.

(c) Nothing in these Website Terms limits any rights you or your organisation hold under a separate agreement with us or one of our ventures.

(a) The Website contains links to other websites — including our ventures’ own websites and our page on LinkedIn. Once you follow a link, that site’s own terms and policies govern your use of it; our ventures’ sites each publish their own.

(b) We have no control over the content of third-party websites we link to and we are not responsible for it. Inclusion of a link does not imply our approval or endorsement of the linked website.

7. SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Website, except to the extent clause 11(c) applies. You should take your own precautions to ensure that the process you use to access the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference.

8. REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website, or any difficulty in accessing or using the Website, please contact us immediately at support@itsm-ltd.com.

9. REPORTING A SECURITY ISSUE

If you believe you have found a security vulnerability in the Website, please tell us at support@itsm-ltd.com with enough detail for us to reproduce it, and give us a reasonable opportunity to fix it before you tell anyone else.

We will acknowledge your report and keep you informed, and we will not pursue you under clause 3(g) for research carried out in good faith within the limits set out there. We do not currently offer a bug bounty.

10. PRIVACY AND COOKIES

The Website sets no cookies. Our Privacy page explains how we handle what you send us when you write to us, and our Cookie Policy records the no-cookie position properly; both are published in the legal section of the Website, and there is nothing in either to accept.

11. LIABILITY

(a) We make no warranties or representations about the Website or its content beyond those these Website Terms expressly give.

(b) To the maximum extent permitted by law, we are not liable to you for loss of profit, loss of business, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss, arising in connection with your use of the Website. Our total liability to you in connection with the Website is limited to £100. This concerns your use of this Website only: any relationship you or your organisation has with one of our ventures is governed by that venture’s own documents, including their liability provisions.

(c) Nothing in these Website Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded. If you are a consumer, nothing in these Website Terms affects your statutory rights.

(d) You indemnify us against any loss or liability we suffer arising from your breach of these Website Terms or your unlawful use of the Website. You are not liable to indemnify us to the extent the loss arises from our own breach, negligence or wilful misconduct.

(e) To the extent that any applicable law restricts the extent to which liability can be excluded under these Website Terms — including, for the avoidance of doubt, sections 2, 3 and 11 of the Unfair Contract Terms Act 1977 relating to the requirement of reasonableness, and their equivalents in any other jurisdiction — the exclusions in this clause are limited in accordance with those restrictions, and the remainder continues in full force and effect.

12. GENERAL

12.1. GOVERNING LAW AND JURISDICTION

These Website Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, are governed by and construed in accordance with the law of England and Wales. If you use the Website in the course of a business, the courts of England and Wales have exclusive jurisdiction over any such dispute or claim. If you are a consumer, you may also bring or defend proceedings in the courts of the part of the United Kingdom in which you live, and nothing in this clause deprives you of the protection of mandatory provisions of the law of the place where you live.

12.2. THIRD PARTY RIGHTS

These Website Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of their terms.

12.3. WAIVER

No party may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting it.

12.4. SEVERANCE

Any term of these Website Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder is not affected.

12.5. ENTIRE AGREEMENT

These Website Terms, read together with the documents named in clause 10, embody the entire agreement between the parties in relation to your use of the Website and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to it. Nothing in this clause limits liability for fraud or fraudulent misrepresentation, and nothing in it affects any separate agreement you or your organisation has with us or one of our ventures.

12.6. INTERPRETATION

In these Website Terms: (a) words in the singular include the plural and vice versa; (b) if a word or phrase is given a defined meaning, any other grammatical form of it has a corresponding meaning; (c) a reference to “person” or “you” includes an individual, a corporation, an authority, a partnership, a trust and any other entity; (d) a reference to a clause is to a clause of these Website Terms; (e) headings and words in bold type are for convenience only and do not affect interpretation; (f) the word “includes” and similar words in any form are not words of limitation; (g) no provision will be interpreted adversely to a party because that party prepared it; and (h) a reference to £ or “GBP” is to pounds sterling.