Terms Of Use

Article I. INTRODUCTION

This website located at lix-it.com is run by LIX Limited ("we", "us", "our").

LIX Limited (company number: 10270802) has its registered office address at 98 Bramley Road, London, N14 4HS, United Kingdom. It is registered in England and Wales.

Article II. DEFINITIONS & INTERPRETATION

"Customer Data" means any data you and any Authorized User's import, copy or otherwise use during the course of your use of the Service, including your own data and data from third party websites and other sources.

"We" means LIX Limited.

Article III. THESE TERMS

These Terms of Use ("these Terms") set out the terms and conditions on which you may access and use this website, including (for example) browsing, requesting quotes, or submitting listings.

Please read these Terms, and also our Privacy Policy, carefully – before you start to use this website.

By using this service, you are confirming that you accept these Terms, and also our Privacy Policy, to the exclusion of all other terms, and that you are agreeing to comply with them.

If you do not agree to these Terms, and also our Privacy Policy, you must not use this service.

Article IV. ACCESSING THIS WEBSITE

  1. You are responsible for:
    • making all arrangements necessary to enable you to access and use this website; and
    • ensuring that all persons who access this website through your Internet connection are aware of these Terms, and all other applicable terms, conditions and policies, and that they comply with them.
  2. We do not guarantee that this website, the LIX tool, or any part of it, or any content on it, will always be available or uninterrupted, free from errors or omissions, or secure or free from bugs or viruses.
  3. At any time, we may suspend, withdraw, discontinue or change, permanently or temporarily, all or any part of this website (including, without limitation, the content) without notice. We will not be liable to you if for any reason this website is unavailable at any time or for any period.

Article V. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that LIX Limited own all intellectual property rights to the Site, the Service and any documentation in connection hereto. Except as expressly stated herein, these Terms do not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licenses in respect of the Site and the Service.

Article VI. ACCOUNTS AND PASSWORDS

If we enable users of this website to set up and access a secure, password-protected account or other area on this website ("Account"), the following additional terms will apply:

If you choose, or you are provided with, a username, password or any other piece of information as a part of our security procedures, you must treat such information as confidential. You must not disclose such information to any other person. Only you may access and use your Account. You must not permit or enable any other person to access or use your Account. If you know or suspect that anyone other than you knows your username, password or other security information, or has accessed your Account, you must promptly notify us at the e-mail address set out below. At any time, we may disable any username, password or other security information, whether chosen by you or provided by us, and disable access to your Account, if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms or the documents referred to above.

Article VII. USING THIS WEBSITE

  1. Subject to your compliance with these Terms, we will provide the following services to you:
    • A bookmarklet that enables you to collect data on behalf of the customer interaction.
    • Access to the Service and the Software through our Site.
    • Additional new features added to or augmenting the Service.
  2. You acknowledge that we may charge a fee for your use of certain of the above features if those features are advertised on our Site as available for purchase, and such fees will be charged in accordance with the section titled "Payment Charges".
  3. We will use our reasonable efforts to publish updates and news on our Site and notify you about any planned downtime of the Service, and will use reasonable efforts to contact you directly via e-mail to warn you prior to suspension or termination of your account on our Site.
  4. As a condition for your use of the Service, you agree that:
    • You are at least 18 years old;
    • You are using the Service on behalf of a company or other legal entity;
    • You have the authority to subject your company or other legal entity and its affiliates to these Terms;
    • You are using the Service in the course of business, and not as a private individual or consumer;
    • The Service is used solely in conjunction with the extraction of data from publicly accessible websites (including sites which may require a user login);
    • You will comply with all copyright laws and rules covering such data including (but not limited to) the reproduction and resale of such data;
    • You are not barred from using our Service under applicable law;
    • You will not attempt to use the Service with crawlers, robots, data mining or extraction tools or any other functionality;
    • Your use of the Service will at all times comply with these Terms;
    • You will only engage in transactions that comply with the letter and spirit of these Terms;
    • You have the right to provide any and all information you submit through the Service, and the information and all such information is accurate, true, current and complete;
    • You will update and correct information you have submitted through the Service and ensure that it is accurate at all times (out-of-date information will invalidate your account); and
    • LIX Limited will not be held responsible for legal liabilities incurred through the use or misuse of data obtained through the Service.
  5. Subject to your compliance with these Terms, we hereby grant you an exclusive, non-transferable right to use the Service solely for your internal business operations.
  6. You shall not, and shall not permit Authorized Users, to access, store, distribute or transmit any Viruses, or any material during the course of your use of the Service that:
    • are unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
    • facilitate illegal activity;
    • depict sexually explicit images;
    • promote unlawful violence;
    • are discriminatory based on race, gender, color, religious belief, sexual orientation, disability, or any other illegal activity;
    • cause damage or injury to any person or property.
  7. You shall not, and shall not permit the Authorized Users to:
    • except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:
    • attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means; or
    • attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
    • access all or any part of the Service in order to build a product or service which competes with the Service; or
    • use the Service to provide services to third parties, except where explicitly indicated on our Site or these Terms; or
    • license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Service available to any third party except you or the Authorized Users, or
    • attempt to obtain, or assist third parties in obtaining, access to the Service and/or Documentation, other than as provided under this clause.
  8. You shall use all reasonable efforts to prevent any unauthorized access to, or use of, the Service and, in the event of any such unauthorized access or use, promptly notify us.
  9. We reserve the right, without liability to you, to disable, suspend or terminate your access to the Service, the Site, your account or any material if you violate any provision of these Terms.
  10. You are responsible for all activity occurring under your or the Authorized Users use of the Service and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your or the Authorized Users use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data.

Article VIII. USER SUBMITTED DATA AND PRIVACY

  1. The Service allows you and any Authorized User to import, store and otherwise collect data from third party websites and other sources. This data is referred to herein as "Customer Data" as set out in the definitions above.
  2. You are solely responsible for the Customer Data and the consequences of LIX Limited or any third party importing, publishing, and otherwise using such Customer Data. In connection with any such Customer Data, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consent, and permissions related to the Customer Data and its use by you, LIX Limited, and any other third party.
  3. In connection with the Customer Data, you further agree that you will not import, store or otherwise use material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant LIX Limited all of the rights and licenses granted herein. LIX Limited does not endorse any Customer Data or any data, and it expressly disclaims any and all liability in connection with any Customer Data. LIX Limited does not permit that the Service is used for copyright infringing activities or infringement of intellectual property rights, and LIX Limited will remove all Customer Data if properly notified that such Customer Data infringes other intellectual property rights. LIX Limited may remove any Customer Data without prior notice. LIX Limited may also terminate your access to the Site and the Service, if you are a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any Customer Data removed from the Service more than twice. LIX Limited also reserves the right to decide whether Customer Data is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law.
  4. Upon your cancellation or termination of the Service, all Customer Data will be deleted from LIX Limited's services.
  5. Where the Customer Data contains any Personal Data (as defined in the Data Processing Schedule), you and we hereby agree to comply with our respective obligations under the Data Protection Schedule appended to these Terms.
  6. LIX Limited may obtain information about your general internet usage by using a cookie, which is stored on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service, for example by remembering your login details. Some of the cookies LIX Limited use are essential for the Site to operate. By registering with the Site, you agree to LIX Limited use of cookies.
  7. You shall own all rights, title and interest in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.

Article IX. THIRD PARTY PROVIDERS

  1. You acknowledge that the Service may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that you do so solely at your own risk, and this limitation is not a reason to request a refund, since all sales are non-refundable.
  2. LIX Limited makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, and not LIX Limited. LIX Limited recommend that you refer to the third party's website terms and privacy policy prior to using the relevant third-party website. LIX Limited does not endorse or approve any third-party website nor the content of any third-party website made available via the Service.
  3. You agree that in the event of a third party provider updating their website content such that there is a service outage, LIX Limited is entitled to a period of 2 weeks from the date of when we are aware of the change to fix this outage. During this period we will not refund you any monies spent. We will ensure that: a) we inform you of such outages as soon as we are made aware; and b) fix them as soon as possible.

Article X. YOUR OBLIGATIONS

You shall not share your LIX Limited account with anyone. It is tied to you, as a personal account. You are using the Site and the Service at your own risk and LIX Limited is not to be held accountable for any usage that making you breach another parties terms. As a customer you give LIX Limited the right to showcase the company logo on our marketing material and website as customer and post customer.

Article XI. INDEMNIFCATION

You agree to indemnify, defend and hold any Indemnified Person(s) harmless from and against any third party claim, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of your use of the Service and/or your breach of any of these Terms. You acknowledge and agree that each Indemnified Person has the right to assert and enforce its rights under this clause directly on its own behalf as a third party beneficiary.

Article XII. PAYMENT CHARGES

All Service shall be paid for by monthly subscription, which is the basic access to the Site and the Service.

Article XIII. TERMINATION

You are responsible for cancelling your account using the Website and you acknowledge that and LIX Limited reserves the right to charge you for a last month fee during the cancellation of your account.

On termination of these Terms for any reason:

  • all licenses granted under these Terms shall immediately terminate when the payment period expires; and
  • LIX Limited may destroy or otherwise dispose any of the Customer Data stored.

Article XIV. WAIVER

A waiver of any right under the Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given. Unless otherwise specifically provided, rights arising under these Terms are cumulative and do not exclude rights provided by law.

Article XV. SEVERABILITY

If any provision (or part of a provision) of these Terms is found to be invalid, unenforceable or illegal by any court or administrative body of competent jurisdiction, the other provisions shall remain in force.

If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

Article XVI. NOTICES

Any notice required to be given under these Terms shall be in writing delivered to the email address help@lix-it.com.

Article XVII ENTIRE AGREEMENT

These Terms, and any documents referred to herein, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover. Each of the parties acknowledges and agrees that in entering into these Terms it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these Terms or not) relating to the subject matter of these Terms, other than as expressly set out in the Terms and LIX Limited is not reliable for third-party services.

Article XVIII MISCELLANEOUS

  1. No joint venture, partnership, employment or agency relationship exists between you and LIX Limited as a result of these Terms and/or your use of the Services.
  2. The person accepting these Terms on behalf of each party represents and warrants that he or she has been duly authorizedauthorised by that party to accept the Agreement and thereby bind it to these terms. The parties agree that these Terms shall be effective as of the date accepted by you.
  3. Assignment and Waiver. LIX Limited may assign these Terms at its discretion. You may not assign, sublicense or transfer these Terms or the License in whole or in part to anyone else. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.

Article XIX GOVERNING LAW AND JURISDICTION

These Terms shall be governed by laws of England and Wales without regard to any choice of law principles.

You agree that exclusive jurisdiction for any claim or dispute with LIX Limited or relating in any way to your use of the Service resides in the courts of England and Wales, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the England and Wales, in connection with any such dispute and including any claim involving LIX Limited or its subsidiaries or affiliates or any of their respective employees, officers, directors, agents, merchants, partners, third-party content providers or licensors, or any of their officers, directors, employees or agents.

DATA PROCESSING SCHEDULE

  1. Definitions In this Schedule:

    "applicable law" means applicable law of the United Kingdom (or of a part of the United Kingdom);

    "Business Day" means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;

    "Data Protection Laws" means, as binding on either party or the Services:

    1. the GDPR;
    2. the Data Protection Act 2018;
    3. any laws which implement any such laws; and
    4. any laws that replace, extend, re-enact, consolidate or amend any of the foregoing;

    "Controller", " Data Subject", " International Organisation", " Personal Data", " Personal Data Breach", "processing" (and related expressions, including " process" , " processed" and " processes", which shall be construed accordingly), and " Processor" have the meanings given in applicable Data Protection Laws from time to time;

    "GDPR" means, as binding on either us, you or the services that we provide to you:

    1. the General Data Protection Regulation, Regulation (EU) 2016/679); or
    2. the General Data Protection Regulation, Regulation (EU) 2016/679 as it forms part of domestic law in the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018 (including as further amended or modified by the laws of the United Kingdom or a part of the United Kingdom from time to time);

    "Protected Data" means Personal Data received from or on behalf of you in connection with the performance of our obligations under these Terms; and

    "Sub-Processor" means any Processor engaged by us (or by any other Sub-Processor) for carrying out any processing activities in respect of the Protected Data on behalf of you.

  2. Your compliance with Data Protection Laws

    We hereby agree that you are a Controller and that we are a Processor for the purposes of processing Protected Data pursuant to these Terms. You shall, at all times, comply with all Data Protection Laws in connection with the processing of Protected Data. You shall ensure all instructions given by you to us in respect of Protected Data (including these Terms) shall at all times be in accordance with Data Protection Laws. Nothing in these Terms relieves you of any responsibilities or liabilities under any Data Protection Laws.

  3. Our compliance with Data Protection Laws

    We shall process Protected Data in compliance with the obligations placed on us under Data Protection Laws and these Terms.

  4. Indemnity

    You shall indemnify us and keep us indemnified against all losses, claims, damages, liabilities, fines, sanctions, interest, penalties, costs, charges, expenses, compensation paid to Data Subjects, demands and legal and other professional costs (calculated on a full indemnity basis and in each case whether or not arising from any investigation by, or imposed by, a supervisory authority) arising out of or in connection with any breach by you of your obligations under this Schedule.

  5. Instructions

    1. We shall only process (and shall ensure our personnel only process) the Protected Data in accordance with Annex A of this Schedule and these Terms (including with regard to any transfer to which paragraph 11 of this Schedule relates), except to the extent:
      1. that alternative processing instructions are agreed between you and us in writing; or
      2. otherwise required by applicable law (and shall inform you of that legal requirement before processing, unless applicable law prevents us doing so on important grounds of public interest).
    2. Without prejudice to paragraph 2 of this Schedule, if we believe that any instruction received by us from you is likely to infringe the Data Protection Laws we shall be entitled to cease to provide the relevant services until we and you have agreed appropriate amended instructions which are not infringing.

  6. Security

    1. We shall implement and maintain appropriate technical and organisational measures to protect the Protected Data against accidental, unauthorised or unlawful destruction, loss, alteration, disclosure or access.

  7. Sub-processing and personnel

    1. We shall:
    2. not permit any processing of Protected Data by any Sub-Processor without your prior specific written authorisation;
    3. prior to the relevant Sub-Processor carrying out any processing activities in respect of the Protected Data, ensure each Sub-Processor is appointed under a binding written contract containing materially the same obligations as under this Schedule (including those relating to sufficient guarantees to implement appropriate technical and organisational measures) and ensure each such Sub-Processor complies with all such obligations;
    4. remain fully liable to you under these Terms for all the acts and omissions of each Sub-Processor as if they were our own; and
    5. ensure that all persons authorised by us or any Sub-Processor to process Protected Data are subject to a binding written contractual obligation to keep the Protected Data confidential.
    6. Further Sub-Processors

    You shall reply to any communication from us requesting any further prior specific authorisation of a Sub-Processor pursuant to paragraph 7.1.1 of this Schedule 1 promptly and in any event within 10 Business Days of request from time to time. You shall not unreasonably withhold, delay or condition any such authorisation.

  8. Assistance

    1. We shall (at your cost and expense) assist you in ensuring compliance with your obligations pursuant to Articles 32 to 36 of the GDPR taking into account the nature of the processing and the information available to us.
    2. We shall (at your cost and expense) and taking into account the nature of the processing, assist you (by appropriate technical and organisational measures), insofar as this is possible, for the fulfilment of your obligations to respond to requests for exercising the Data Subjects' rights under Chapter III of the GDPR in respect of any Protected Data.
    3. We shall at your cost and expense refer to you all requests we receive for exercising any Data Subjects' rights under Chapter III of the GDPR which relate to any Protected Data. It shall be your responsibility to reply to all such requests as required by applicable law.

  9. International transfers

    We shall not process and/or transfer, or otherwise directly or indirectly disclose, any Protected Data in or to countries outside the United Kingdom or to any International Organisation without the prior written authorisation of you except where required by applicable law (in which case the provisions of paragraph 5.1 of this Schedule shall apply).

  10. Audits and processing

    We shall, in accordance with Data Protection Laws, make available to you on request such information that is in our possession or control as is necessary to demonstrate our ### compliance with the obligations placed on us under this Schedule and to demonstrate compliance with the obligations on us imposed by Article 28 of the GDPR, and allow for and contribute to audits, including inspections, by you (or another auditor mandated by you) for this purpose (subject to a maximum of one audit request in any 12 month period under this paragraph 12). To the extent consistent with the foregoing, we shall, however, be entitled to withhold information where it is commercially sensitive or confidential to us or our other customers.

  11. Deletion/return

    1. On the end of the provision of our services to you relating to the processing of Protected Data (the " Processing End Date"), at the your cost and expense and your option, we shall either return all of the Protected Data to you or securely dispose of the Protected Data (and thereafter promptly delete all existing copies of it) except to the extent that any applicable law requires us to store such Protected Data.

  12. Survival

    1. This Schedule shall survive termination or expiry of this Agreement:
      1. indefinitely in the case of paragraphs 4 and 14 of this Schedule; and
      2. in the case of all other paragraphs and provisions of this Schedule, until the later of:
        1. the termination or expiry of your subscription under these Terms; or
        2. return or secure deletion or disposal of the last of the Protected Data in our (or any of our Sub-Processor's) possession or control in accordance with these Terms.

Annex — Data processing details

Processing of the Protected Data by us under this Agreement shall be for the subject-matter, duration, nature and purposes and involve the types of Personal Data and categories of Data Subjects set out in this Annex.

  1. Subject-matter of processing:

    The subject matter of the processing is to allow us to make available our website, our Software and provide our services to you.

  2. Duration of the processing:

    The duration of the processing shall be the period during which you have a subscription to use our website and services unless we are required to process Protected Data beyond the date of termination or expiry of your subscription in order to comply with applicable laws and/or regulations.

  3. Nature and purpose of the processing:

    We shall provide our Software and services to allow you to access and gather Protected Data from third-party sources as part of the functionality of our website and Software. Our website and Software allows us to gather this Protected Data on your behalf and provide it to you.

    The purpose of the processing is to allow us to make our website and Software available to you in accordance with these Terms, and allow you to make use of their full functionality.

  4. Type of Personal Data:

    The following types of Personal Data may be processed by us:

    • Full name;
    • Contact information (including company telephone numbers and company email addresses);
    • company address and postcode;
    • job role; and
    • photographs

  5. Categories of Data Subjects:

    The following categories of Data Subjects shall be captured under these Terms:

    • Prospective customers, employees or persons otherwise of interest to you whose data is available through LinkedIn.