Terms & Conditions

scimobi is a trademark owned by element communications and design Ltd, herby referred to as scimobi for the purposes these terms and conditions.

Launch terms and site amendments.

The site is fully functional, and you are free to register, subscribe and use it as normal.

Please be advised that as a newly-launched site, we will be constantly making adjustments, improvements and corrections to enhance the user experience, and ensure that the site remains error-free.

We reserve the right to make such changes without notice.

In this crucial phase (called a beta phase), your feedback matters to us. If you have any queries or issues, please do not hesitate to contact us via [email protected] . Suggestions that are implemented into the site may be rewarded with free subscription periods.

References to "we", "us" and "our” and scimobi are references to element communications and design Ltd registered in England (company registration number 00514648).

The terms "you" and "your" refer to any individual, company or business to whom we provide our Services as specified in the online customer order form including a person reasonably appearing to us to act with your authority.

"scimobi host” refers to users entering into a paid account allowing hosting and sharing of digital documents. “Myscimobi user” refers to a user accessing the service via a digital link, QR code or via any means of web access, whether an unregistered user, or registered with the service to access further functionality.

By registering with scimobi as a myscimobi user or scimobi host, you accept and agree to the terms and conditions/agreement.

These terms and conditions may change or be updated from time to time. It remains your responsibility to access and check these terms and conditions whenever you access this web site. The latest version of these terms and conditions will govern any future usage by you of this web site and the Services.

You agree that you will keep secure the login name and password specified at the time of registration, or subsequently update, and not to pass that information to any unauthorised person. In the event of your login name and password being used by any unauthorised person, we accept no responsibility or liability for misuse of the account, and you will be liable for additional charges arising therefrom.

Resource, uploads and 'fair usage’ policy

scimobi is designed as a means of delivering, sharing and linking of professional content, and usage limits have been carefully considered to allow this to function unhindered.

Where we do not operate a file size capping policy we maintain high ratios of operating bandwidth and storage. In the rare circumstances that a user utilises scimobi resources to be considered an exploit of the scimobi system, or to such an extent that it may jeopardise server performance and resources for other users then we reserve the right to implement a High Resource User Policy, or terminate contracts at our sole discretion. Resources are defined as bandwidth, processor utilisation or storage space.

For uses other than which it is intended, for example, though not limited to: hosting disproportionate amounts of material on single links; hosting disproportionate amounts of high resolution video content; data intended to flood or load the system; material unrelated to the stated intended use of scimobi; or any other practices which could be deemed an exploit of the scimobi system; scimobi reserve the right to suspend or terminate individual user contracts.

Users who wish to use the scimobi system beyond the set limits of standard licences, can contact scimobi to arrange for individual enterprise licenses for less restricted access.

Privacy

Specific Privacy policy can be read here: https://www.scimobi.com/privacy

Billing and financial details

scimobi use a trusted and secure third-party payment service - and we do not directly hold, store, or have access to your payment details.

Payment methods include Paypal - and via Paypal, credit cards (including MasterCard and Visa) and debit cards (including Maestro (Switch), Solo, Visa Electron and Visa Delta).

You are responsible for all applicable taxes, including VAT, and we’ll charge tax when required to do so.

Pro-rata refunds will not be issued for monthly or yearly services that are cancelled before the end of the term.

All services will renew until cancelled by the customer. scimobi emails the customers primary email address prior to renewal of services, it is the customer's responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 30 days before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph does not override these laws.

You may cancel your Paid Account at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, or renewing a Paid Account.

If you dispute any payment made to us you shall contact us immediately to discuss repayment. In the event that you submit an unjustified chargeback (being a credit card or debit card chargeback or cancellation of a cheque or submission of a cheque that is returned for any reason) then the following shall be due and payable by you within 7 days for each instance of a chargeback:

  • the charges due and payable by you for the Services used in the period covered by the chargeback; and
  • such chargeback costs as are levied upon us by your bank or credit card company; and
  • a chargeback administration fee of £50; and
  • our reasonable costs and losses incurred in recovering the above-mentioned fees including debt recovery costs, legal fees and debt collection costs.

Content Uploaded/Hosted

The responsibility for the content of files uploaded to scimobi rests wholly with the file originator host.

It is the responsibility of the document host (scimobi host) to be compliant with Industry regulations with regard to sharing and linking and delivery of documentation. scimobi is not responsible for misuse of the system, though will take whatever necessary steps to ensure that content and hosting complies with acceptable use policy.

Your use of our Services must comply with our Acceptable Use Policy Content in the Services may be protected by others’ intellectual property rights. Please do not copy, upload, download, or share content unless you have the right to do so.

There is a ‘contact host’ option on each document page, which will allow users to contact the host. Whether such contact is request for further information or a dispute regarding contact of files, scimobi will not enter into any further discussion, nor provide arbitration or resolution, between user and host; excepting where material in the final opinion of scimobi, clearly contravenes acceptable usage policy.

In the event of a legally enforceable notice to remove published content, scimobi will in the first instance contact the file host directly to remove the content. If no satisfactory response is received, scimobi reserves the right to right to delete or disable content and terminate accounts in question.

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported directly to scimobi at [email protected] . We reserve the right to delete or disable content alleged to be infringing and/or terminate accounts.

Limitation of liability

The Customer agrees to indemnify and hold scimobi and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against scimobi arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to uploaded content or pursuant to your instructions.

Nothing in these terms and conditions shall exclude or limit scimobi' liability for death or personal injury resulting from scimobi negligence or that of its employees, agents or sub-contractors.

The entire liability of scimobi to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

In no event shall scimobi be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or scimobi had been made aware of the possibility of the Customer incurring such a loss.

scimobi shall use its reasonable endeavours to make the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, scimobi makes no warranties or representations that the Service will be uninterrupted or error-free and scimobi shall not, in any event, be liable for interruptions or downtime of the service.

Force Majeure

scimobi shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.


Last updated: 24th October 2020