Terms of Use

Terms of Use

Updated 21 May 2021

  1. INTERPRETATION
    The headings of the clauses in these Terms of Use are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of these Terms of Use nor any clause hereof. Unless a contrary intention clearly appears –

    1. words importing –
      1. any one gender include the other two genders;
      2. the singular include the plural and vice versa; and
      3. natural persons include created entities (corporate or unincorporate) and the state and vice versa;
      4. a reference to a person includes a reference to any individual, body corporate (wherever or however incorporated or established), association, partnership, government, state agency, public authority, joint venture, works council or other employee representative body in any jurisdiction and whether or not having a separate legal personality;
      5. a reference to a person includes a reference to that person’s legal personal representatives, successors, permitted assigns and permitted nominees in any jurisdiction and whether or not having separate legal personality;
      6. a reference to a company shall be construed so as to include any company, corporation or other body corporate or other legal entity, wherever and however incorporated or established; and
      7. except as otherwise provided in these Terms of Use, when referring to time, time in Coordinated Universal Time (UTC) time zone shall apply;
    2. the following terms shall have the meanings assigned to them hereunder and cognate expressions shall have corresponding meanings, namely –
      1. “Affiliate” in respect of either Party means (i) any person who is related or inter-related to that Party; or (ii) any other person who directly or indirectly through one or more intermediaries controls or is controlled by, or is under common control with, such first-mentioned person and includes any subsidiary of any such person. For purposes of this definition, “control” when used with respect to any person means the power to direct or cause the direction of or influence of the board, the management and the policies of such person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” shall have a corresponding meaning;
      2. “Company” means Space Goat Limited, a private company registered in accordance with the laws of England and Wales;
      3. “Privacy Policy” means the Privacy Policy section of the Website which, inter alia, describes the Company’s policies and procedures on the collection, use and disclosure of Your personal information when You access or use the Website;
      4. “Terms of Use” means these Terms of Use that form the entire agreement between the Company and You in terms of which, inter alia, the terms regarding the access and use of the Website are regulated;
      5. “Website” means the website https://spacegoat.xyz (including but not limited to all of the content, material, information, data, features, services, functionality or otherwise provided on the Website);
      6. “You” means the individual, company, or any other legal entity on behalf of which such individual is accessing or using the Website, as applicable, and “Your” shall bear the same meaning, as the context requires;
    3. the headings in these Terms of Use are inserted for convenience and reference purposes only and do not affect its interpretation;
    4. the words “hereof”, “herein”, “hereunder” and “hereby” and words of similar import, when used in these Terms of Use, shall refer to these Terms of Use as a whole and not to any particular provision of these Terms of Use;
    5. wherever the word “include,” “includes,” or “including” is used in these Terms of Use, it shall be deemed to be followed by the words “without limitation”;
    6. to the extent that these Terms of Use or any other document that might be published from time to time on the Website conflict with translated copies, the English version prevails.
  2. INTRODUCTION
    1. By using or accessing the Website, You are agreeing to be bound by these Terms of Use and all applicable laws and regulations. These Terms of Use are applicable to all users, visitors and other who access this Website. If You do not agree with any part of these Terms of Use, then You are prohibited from accessing or using this Website. The materials and content contained in this Website are protected by applicable copyright and trademark law.
    2. These Terms of Use govern the use of this Website and shall be the agreement that operates between You and the Company.
    3. You represent that you are over the age of 18. The Company does not permit those under 18 to access or use the Website.
    4. Your access to and use of the Service is also conditional upon Your acceptance of and compliance with the Privacy Policy , which is incorporated herein by reference.
  • DISCLAIMER
    1. The Website is provided to You on an “as is” and “as available” basis, and with all faults and defects without warranty of any kind.
    2. To the maximum extent permitted under applicable law, neither the Company nor its Affiliates, representatives, owners, shareholders, directors, officers, employees, agents, suppliers, contractors, licensors, service providers, successors, assigns or otherwise, expressly disclaims and negates all warranties, whether express, implied, statutory or otherwise, with respect to the access or use of the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of intellectual property or other violation of any rights of whatsoever nature or howsoever arising.
    3. Without limiting the generality of the aforegoing, the Company makes no representations and provides no warranty or guarantee as to the operation or availability of the Website; or that the Website shall be uninterrupted and error-free; or that the Website is free from any viruses, malware, or any other harmful components, technological or otherwise; or that the device You are utilising to access or use the Website shall not be harmed in any way whatsoever, including without limitation, its programs, data or any other proprietary material.
    4. To the extent that Your jurisdiction does not allow for the exclusion of any type of warranties or limitations on applicable statutory rights of a consumer, in such event, the exclusions and limitations contained in these Terms of Use shall be applied to the greatest extent enforceable under such applicable law.
    5. The Website is not intended to provide any legal advice, technical advice, business advice, financial advice or any other advice of any kind. You are not authorised to rely on the Website for such advice and acknowledge that you are acting at your own risk in reliance on the Website. The Company, its Affiliates, representatives, owners, shareholders, directors, officers, employees, agents, suppliers, contractors, licensors, service providers, successors, assigns or otherwise, shall in no way be responsible or liable for any actions, decisions or other behaviour  taken or not taken by you in reliance upon the Website.
  • ACCURACY OF INFORMATION POSTED
    1. The content, material, information, data or otherwise provided on the Website, and the Website in general is made available solely for general information purposes.
    2. The Website could contain technical, typographical, photographic errors or errors of any other kind. The Company does not warrant the accuracy, currency, completeness or usefulness of the Website. Any reliance placed on the Website is solely at Your own risk. The Company expressly disclaims any and all liability arising from any reliance placed on the Website by You, or by anyone who may be informed of any of the Website’s contents, or any information provided by any third party.
  • LINKS TO THIRD PARTY WEBSITES
    To the extent that the Website contains links to any third party websites which are not owned or controlled by the Company. In this regard, You acknowledge that the Company has no control over and assumes no responsibility for the content, material, information, data, privacy policies or services of any third party websites. The Company shall not be liable for any loss or damage that may be caused by or in connection with or arising from the access or use of or reliance of any third party website.
  • LIMITATION OF LIABILITY
    1. To the maximum extent permitted under applicable law, the Company, its Affiliates, representatives, owners, shareholders, directors, officers, employees, agents, suppliers, contractors, licensors, service providers, successors, assigns or otherwise shall not be liable for any loss or damages (including, without limitation, special, incidental or consequential losses, direct or indirect losses, punitive damages, or damages for loss of data or information, loss of goodwill, loss of profit or revenue, due to business interruption, for personal injury, loss of privacy or otherwise) arising out of the access or use of the Website or inability to access or use the Website, whether caused by tort (including negligence), breach of contract or otherwise, whether foreseeable or not, and notwithstanding any notification that may have been provided to the Company of such losses or damages.
    2. To the extent that Your jurisdiction does not allow for such limitation of liability, in such event, the limitations of liability contained in these Terms of Use shall be applied to the greatest extent enforceable under such applicable law.
  • INDEMNIFICATION
    By accessing and using the Website, you hereby irrevocably and unconditionally indemnify and hold harmless the Company, its Affiliates, representatives, owners, shareholders, directors, officers, employees, agents, suppliers, contractors, licensors, service providers, successors, assigns or otherwise, from and against any claims, liabilities, losses, damages, costs, expenses, fees (including attorney fees), judgments, awards, arising out of or relating to or in connection with Your access or use of the Website, including any violation of these Terms of Use.
  • INTELLECTUAL PROPERTY RIGHTS
    1. The Website (including but not limited to, its content, material, information, data, features, services, functionality, software, text, displays, images, video and audio, designs, ideas, concepts or otherwise, are owned by the Company, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
    2. The Company name, the term “SpaceGoat“, the Company’s logo and all related names, logos, products and service names, designs and slogans are trademarks of the Company or its Affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, products and service names, designs and slogans which may appear on the Website are the trademarks of their respective owners.
    3. You may, however, use the Company’s name, the term “SpaceGoat“, the Company’s logo on social media pages, and link to the Website’s homepage only for the purposes of positive promotion and marketing, provided:
      1. You do so in a way that is fair and legal and does not damage the Company’s reputation or goodwill or take advantage of it;
      2. You may not establish a link or represent or allow Yourself to be represented in such a way as to suggest any form of association, partnership, approval, employment, agency or endorsement on the part of the Company without the Company’s prior written consent;
      3. You shall incur no liability of any nature whatsoever for or on behalf of the Company and You shall have no authority to bind the Company by any representations, statements or agreements made or concluded.
  • TERMINATION
    The Company may terminate or suspend Your access to the Website immediately, without prior notice or liability, for any reason whatsoever.
  • GOVERNING LAW
    1. These Terms of Use shall be governed in all respects by and shall be interpreted in accordance with the laws of England and Wales, excluding its conflict of law rules, and You hereby consent and submit to the exclusive jurisdiction of the Courts of England and Wales.
    2. Your use of the Website may be subject to other local, state, national, or international laws, and compliance with all applicable laws shall be your sole responsibility.
    3. Access or use of the Website may not be legal by certain persons or in certain jurisdictions. If You access or use the Website from outside of England and Wales, you do so on your own initiative and are solely responsible for compliance with all applicable laws.
  • DISPUTES RESOLUTION
    1. If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
  • WAIVER AND SEVERABILITY
    1. No latitude, waiver, extension of time or other indulgence which may be given or allowed by the Company in respect of the performance of any obligation hereunder or the enforcement of any right arising from these Terms of Use and no single or partial exercise of any right shall under any circumstances be construed to be an implied consent or operate as a waiver or a novation, or otherwise affect any of the Company’s rights in terms of or arising from these Terms of Use or estop the Company from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or term hereof.
    2. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
    3. All provisions and the various clauses of these Terms of Use are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of these Terms of Use which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be changed and interpreted to accomplish the objectives of such provisions to the greatest extent possible under such applicable law and the remaining provisions and clauses of these Terms of Use shall remain of full force and effect.
  • ENTIRE AGREEMENT
    The Terms of Use and Privacy Policy and any terms and conditions in respect of any events constitute the sole and entire agreement between You and the Company with respect to the Website and supersede all prior understandings, agreements, arrangements, representations and warranties, both written and oral, with respect to the Website.
  • CHANGES AND MODIFICATIONS TO THESE TERMS OF USE
    1. The Company reserves the right (but shall not be obliged), at its sole discretion, to modify, change or replace these Terms of Use and any content contained on the Website at any time.
    2. Your continued access or use of the Website following any revision to the Terms of Use or the Website shall be deemed to be your acceptance of such revised Terms of Use, as may be amended or revised, and You agree to be bound by such revised Terms of Use.