Website

Terms of Use

Table of contents

Overview

  1. Who we are and how to contact us

  2. There are other terms that may apply to you

Changes

  1. We may make changes to these terms and our site

  2. We may make changes to our site

  3. We may transfer this agreement to someone else

Acceptable Use

  1. Prohibited Uses

  2. Breach of this policy

Content Contributions

  1. Interactive Services
  2. Content Standards
  3. Uploading content to our site

Rules about our Site

  1. How you may use material on our site
  2. Rules about linking to our site 
  3. Do not rely on information on this site
  4. We are not responsible for websites we link to
  5. User-generated content is not approved by us
  6. We are not responsible for viruses and you must not introduce them

You must keep your account details safe

Our responsibility for loss or damage suffered by you

  1. Whether you are a consumer or a business user
  2. If you are a business user of our site
  3. If you are a consumer user of our site

How we may use your personal information

Which country’s laws apply to any disputes?

 

Overview

Please read these terms and conditions carefully before using this site.

These terms tell you the rules for using our website https://sizemeup.xyz. It should be read in conjunction with our other policies, such as our Privacy Policy and Cookies Policy.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site.

You may download a copy of these documents and we recommend you retain the copy for future reference.

Who we are and how to contact us

Our site (https://sizemeup.xyz) is a site operated by Size Me Up Limited, (collectively referred to as “we,” “us,” “our,” or “Size Me Up” within this policy).

We are registered in Scotland under company number SC567441 at PO Box. 101 Rose Street South Lane, Edinburgh, Scotland, United Kingdom, EH2 3JG. We are an LLP (Limited Liability Partnership). Details about Size Me Up and how to contact us can be found in the section below. 

Entity Name                     Size Me Up Ltd.

Entity Registration #        SC567441 

Email Address                 info@sizemeuplimited.co.uk

Postal Address                Size Me Up Limited, PO BOX at

                                        101 Rose Street South Lane, Edinburgh, Scotland, 

                                        United Kingdom, EH2 3JG

There are other terms that may apply to you

These terms of use refer to the following other terms, which also apply to your use of our site:

  • Privacy Policy, which sets out how we process your personal data
  • Cookie Policy, which sets out more specific information about the cookies on our site
  • Terms and Conditions of Service (Size Me Up Widget), which applies to you if you have reached our site via our widget (which is embedded into third-party retail sites).

Changes

We may make changes to these terms and our site

We amend these terms from time to time. These terms were most recently updated in July 2020 when we innovated our site and introduced new products and services to our customers.  

We may make changes to our site

We may update and change our site from time, to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

We encourage you to check these terms and conditions of use for changes to understand the specific terms that apply to you during your visit to our site.

Our site is made available free of charge.

We don’t guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation.

We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under a contract you have with us.

Acceptable use

This acceptable use policy sets out the Content Standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way.

Prohibited Uses

You may use our site only for lawful purposes.

You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To bully, insult, intimidate or humiliate any person.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of this document.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.

Breach of this policy

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of these upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Content contributions

Interactive Services

We may from time to time provide interactive services on our site such as chat rooms, bulletin boards, dashboards, and other types of services considered to be interactive services. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.

However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them. More information about children can be found in the section below.

This website and our services are not intended for children, and we do not knowingly collect data related to children. 

The age at which an individual is considered a child will vary from country to country. Please refer to your local laws to understand whether or not you are of age and therefore able to consent to a contract for receipt of digital services (also known as the “Digital Age of Consent”) from us.

If you are considered a child within your jurisdiction you must not consent to these terms. You must not use our site, nor any of our services. 

If you believe Size Me Up Ltd. is processing data belonging to a child and whose parent or guardian has not consented to this processing, please contact (in writing) the DPO at DPO@sizemeup.xyz or using the details found in this document in the section titled Get in touch with our DPO.

We may process data related to children with the consent of a parent or guardian. If you are a parent or guardian and would like to grant consent on behalf of a child, please contact us at DPO@sizemeup.xyz. We will then do our best to assist you with your request.


Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content Standards

These Content Standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. Size Me Up will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in Scotland and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Bully, insult, intimidate or humiliate.
  • Promote sexually explicit material.
  • Include child sexual abuse 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.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • 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.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from Size Me Up if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the Content Standards section above. 

You warrant that any such Contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in the content you upload via our Interactive Services.  However, we have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the Content Standards we have set out in this document. You are solely responsible for securing and backing up your content.  We do not store terrorist content. Please note that we only provide our site for domestic and private use.

Rules about our site

How you may use material on our site

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.

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 modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

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, at our option, return or destroy any copies of the materials you have made.

Rules about linking to our site 

Please note that we only provide our site for domestic and private use.

You may link to our pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not:

  • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  • You must not establish a link to our site in any website that is not owned by you.
  • We reserve the right to withdraw linking permission without notice.

Additionally, the website in which you are linking must comply in all respects with the Content Standards set out in this document.

If you wish to link to or make any use of content on our site other than that set out above, please contact us in writing at info@sizemeuplimited.co.uk  or using the contact details in the Who we are and how to contact us section at the head of this document.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.Do not rely on information on this site

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

We refer you to our Privacy Policy and Cookies Policy, which contain more information about third-party party websites, plug-ins and applications we make use of on our website.

Clicking on third-party links or enabling those connections may allow third parties to collect or share data about you.

We do not control these third-party websites and are not responsible for their privacy statements.

When you leave our website, we encourage you strongly to read the privacy policy of every website you visit.

Any information and materials that have been uploaded by other users of our site have not been verified or approved by us.

User-generated content is not approved by us

The views expressed by other users on our site do not represent our views or values.

If you wish to complain about content uploaded by other users, please contact us in writing at info@sizemeuplimited.co.uk  or using the contact details found in the Who we are and how to contact us section above.

We do not guarantee that our site will be secure or free from bugs or viruses.

We are not responsible for viruses and you must not introduce them

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.

You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990.

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

In the event of such a breach, your right to use our site will cease immediately.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of your account or our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

Please note that your account password for this site and for our widget is hashed and encrypted. If you lose your password you must create a new one. We do not have access to your password and cannot change it for you.

If you know or suspect that anyone other than you knows your user identification code or password, we encourage you to change it as soon as possible. You may do using the same instructions you would use when forgetting your password. If you suspect further issues with your account security, you can contact us at DPO@sizemeup.xyz.

If you’re forgotten a password, you can click on “forgot password” in the login section of our site and services. You will be sent a link to the email address which you used to register your account. The email will allow you to re-register a new password through a secure link.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

Our responsibility for loss and damage suffered by you

Whether you are a consumer or a business user

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our Terms and Conditions of Service (Size Me Up Widget).

If you are a business user of our site

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. We will not be liable to you for any loss or damage, whether in contract, delict (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; or
  • Use of or reliance on any content displayed on our site.

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

If you are a consumer user of our site

Please note that we only provide our site for domestic and private use.

You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy, together with our Cookie Policy and if you are using our Size Me Up Widget, the Terms and Conditions of Service (Size Me Up Widget). Please refer to those documents for further information.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Scottish law.

You and we both agree that the courts of Scotland will have exclusive jurisdiction excepting circumstances in which you are a resident of a country where you have the right to bring proceedings within your country of residence. For example, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland. If you are a resident of England and Wales, you may also also bring proceedings in England and Wales.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Scottish law. We both agree to the exclusive jurisdiction of the courts of Scotland.