These Terms of Use govern your use of the High Jump Digital website at https://www.highjumpdigital.com and of our client portal / app (together, the “Platform”). They are between you and the High Jump Digital entity that operates the part of the Platform you use — High Jump Digital Limited (UK), High Jump Digital Pty Ltd (Australia) or High Jump Digital Company Limited (Thailand) (“High Jump Digital”, “the Company”, “we”, “us”, “our”). See clause 10 for which entity and law applies to you.
Important — these are not your service terms. If we provide digital-marketing services to you, those services (and their fees, deliverables, cancellation, intellectual property and liability) are governed by the separate Master Services Agreement (“MSA”) you sign with your quote — not by this page. If anything here conflicts with the MSA in relation to the services, the MSA governs. These Terms of Use only cover using the website and the portal.
By accessing or using the website you agree to these Terms of Use. If you use the client portal, you additionally accept these Terms of Use and our Privacy Policy by ticking to accept them when you create your account or first sign in (we log the version and time of that acceptance). If you do not agree, please do not use the Platform. We may update these terms as set out in clause 9.
We grant you a personal, non-exclusive, revocable licence to access and use the website for lawful purposes.
You agree not to: use the website unlawfully or to infringe anyone’s rights; disrupt or attempt to gain unauthorised access to the website, its servers or connected systems; introduce malware; or scrape, copy or systematically extract content except as ordinarily permitted by your browser.
The website is provided for general information about our services. Content may change without notice and we do not warrant that information on the website is complete, current or error-free.
Some parts of the Platform (the client portal/app) require an account, and are offered to businesses for business purposes. By creating an account you confirm you are using the portal in the course of a business or profession and not as a consumer.
You are responsible for keeping your login credentials secure, and for activity under your account that you authorised or could reasonably have prevented. You agree to provide accurate account information and keep it up to date.
The portal helps you and authorised users in your organisation manage your engagement with us (for example, to view and electronically sign quotes, review deliverables and manage connected accounts). Use it only for that purpose and only for the organisation you are authorised to act for.
Tell us promptly if you believe your account has been accessed without authorisation. We may suspend or withdraw access where we reasonably need to (for example, for security, suspected misuse, or non-payment under your MSA); we will restore access once the reason for suspension is resolved.
Electronic signing. Where you sign a quote or agreement through the portal, you agree that electronic signature is valid and binding, and that our record of the signing (including email verification, your name, the timestamp and the audit trail) is evidence of your acceptance. The terms of what you sign are set out in that document, not here.
The Platform and its content — including our branding, text, design, graphics, software and the “High Jump” name and logo — are owned by us or our licensors and protected by intellectual-property laws.
We grant you a limited licence to view and use the Platform as intended. You may not copy, reproduce, modify, distribute, sell or exploit any part of the Platform or its content without our written permission. This clause does not affect ownership of deliverables we create for you under the MSA, which is dealt with in the MSA.
The Platform may link to or integrate third-party websites and services (for example, Google, Meta or hosting providers). We are not responsible for the content, accuracy or practices of those third parties, and their terms and privacy policies apply to your use of them.
Our use of personal data through the Platform is described in our Privacy Policy at https://www.highjumpdigital.com/privacy-policy. By using the Platform you acknowledge that Privacy Policy.
The Platform is provided “as is” and “as available.” We aim to keep it available and accurate but do not guarantee that it will be uninterrupted, secure or error-free, or that the website’s information is suitable for your purposes.
This clause is about your use of the Platform. The standard of our services is dealt with in the MSA (we provide the services with reasonable skill and care under the MSA).
Nothing in these terms limits or excludes any liability that cannot lawfully be limited or excluded — including liability for death or personal injury caused by negligence, for fraud, or for any other liability that the applicable law (including the UK Unfair Contract Terms Act 1977, the Australian Consumer Law or Thai law) does not allow to be limited.
Subject to the paragraph above, we are not liable for any indirect or consequential loss arising from your use of, or inability to use, the Platform (including, where such loss is indirect or consequential, loss of profit, revenue, data or goodwill).
Subject to the first paragraph of this clause, our total liability to you arising from your use of the Platform itself is limited to the greater of (a) the fees (if any) you paid us for portal access in the 12 months before the claim, or (b) GBP £1,000 (or its equivalent in your local currency at the date of the claim). Liability for the services, and for our handling of personal data and client credentials, is governed by the MSA and its Data Processing Schedule — not by this clause — so the two do not overlap.
Australia. Where the Australian Consumer Law applies and the Platform is not of a kind ordinarily acquired for personal, domestic or household use, our liability for breach of a consumer guarantee is limited, at our option, to supplying the relevant service again or paying the cost of doing so. Nothing in this clause excludes a guarantee that cannot lawfully be excluded.
We may update these Terms of Use by posting the updated version on the website. For the public website, changes take effect when posted. For portal/account users, we will give reasonable notice of material changes (by email or in-app) and, where appropriate, ask you to accept them again; your continued use after the change takes effect means you accept it.
The High Jump Digital entity you contract with — and the law and forum for any Platform dispute — is the entity named on your quote / MSA; or, if you have no quote/MSA with us, High Jump Digital Limited as the default operator of the public website.
Accordingly these Terms of Use are governed by England and Wales (UK entity / default), New South Wales and the Commonwealth of Australia (AU entity) or Thailand (TH entity), and you submit to the non-exclusive jurisdiction of that entity’s courts for Platform disputes.
Services tie-break. Where a dispute concerns the services (including their delivery through the portal), the dispute-resolution clause of the MSA prevails over this clause.
Questions about these Terms of Use? You can contact us at [email protected] We endeavor to respond to all communications in a timely and professional manner.
