Terms of Use

Introduction

Welcome to WorkXFlow! The following document (hereinafter referred to as the “Terms of Use” or “Agreement”, which expressions as hereinafter utilized shall mean and include the contents of this document as well as any provisions incorporated therein by reference or contained in any annexures thereto, as may be amended from time to time) constitutes a legal agreement entered into by and between you and WorkXFlow (Private) Limited (“WorkXFlow”, “we”, “our” or “us”), which shall govern and constitute the terms and conditions under and upon which you may access and utilize the WorkXFlow Platform (as hereinafter defined).

PLEASE ENSURE THAT YOU CAREFULLY READ AND UNDERSTAND THE ENTIRETY OF THESE TERMS OF USE BEFORE ACCESSING OR OTHERWISE USING THE WORKXFLOW PLATFORM. IF YOU DO NOT AGREE TO OR COMPLY WITH ANY OF THE TERMS AND CONDITIONS INCLUDED HEREIN, PLEASE REFRAIN FROM CREATING A USER ACCOUNT OR OTHERWISE ACCESSING OR USING THE WORKXFLOW PLATFORM.

Definitions and Interpretations

All references to the “User”, “you” or “your” shall mean and refer to any person who accesses and / or uses the WorkXFlow Platform in any manner - including, but not limited to, those parties that create a User Account (as hereinafter defined). Such references shall also include such User’s successors, principal(s) and representatives, if any.

For the purposes of these Terms of Use:

  • “WorkXFlow Platform” shall mean and refer to any public-facing internet website, online or digital application and social media account operated by WorkXFlow - including, but not limited to, www.workxflow.com.
  • “User Account” shall mean and refer to a User‘s dedicated account on the WorkXFlow Platform - consisting of, but not limited to, its login credentials, profile and related information.
  • “Applicable Law(s)” shall mean and refer to any law, regulation, ordinance, statute, rule, judgment, decree, order, resolution and policy, etc. having binding force passed or decreed by the Government of the Democratic Socialist Republic of Sri Lanka, its instrumentalities or other concerned statutory authorities.
  • “Integrated PM Platform” shall mean and refer to any practice management software / platform integrated with the WorkXFlow Platform (including, but not limited to, such Integrated PM Platform‘s operator and authorized payment processors).
  • “Intellectual Property” shall mean and refer to without limitation, any and all trademarks and service marks, copyright (including copyright in promotional material and the object and source code of any software), patents, industrial designs, social media handles and accounts, domain names, proprietary formulates, databases, know-how, innovations, designs, trade secrets or any improvements to such property (including any and all material defining, describing, or illustrating such property), whether in hard copy, electronic form or otherwise and whether registered or unregistered (including the right to register).

Users acknowledge that certain terms and conditions are incorporated into these Terms of Use by reference (including by linked information). This includes but is not limited to the Platform‘s Data Privacy Policy.

Representations and Warranties

By creating a User Account or clicking to accept these Terms of Use when offered the option:

  • You represent and warrant that you are of legal age and capacity to enter into a legally binding contract with WorkXFlow on the terms and conditions specified in this Agreement;
  • You represent and warrant that you are not, whether by virtue of your jurisdiction of incorporation / domicile or otherwise, subject to any sanctions that would otherwise prohibit or restrict WorkXFlow from dealing and / or contracting with you; and
  • You hereby acknowledge and undertake that you have read and understood the entirety of these Terms of Use and agree to be legally bound by the terms and conditions set out therein.

If you are entering into these Terms of Use on behalf of a company, firm or other entity (whether incorporated or otherwise), you hereby: (i) further represent and warrant to WorkXFlow that you have the authority to bind such entity on the terms and conditions stipulated hereafter and, correspondingly, that your acceptance of these Terms of Use shall lawfully be deemed to be an acceptance by such entity of these terms and conditions; and (ii) acknowledge on behalf of such entity that any references to the “User”, “you” or “your” made hereafter shall include such entity and any personnel or representatives that it authorizes to access and use the WorkXFlow Platform on its behalf and whose consent hereto and compliance herewith such entity undertakes to ensure and procure.

If you do not satisfy any of these requirements, you must refrain from creating a User Account or otherwise using the WorkXFlow Platform and its products and services.

You further acknowledge that, in entering into these Terms of Use, you have not and do not rely on any statement or representation, whether implied or otherwise, that is not explicitly set out and specified in these Terms of Use.

Changes

WorkXFlow reserves the absolute right to supplement, update, modify and otherwise revise its Terms of Use, from time to time, by publishing revised Terms of Use (containing any such updates, modifications and / or revisions) on our website and / or by sending an email to the address registered to your respective User Account:

Provided, however, that any such updates, modifications and / or revisions to the Terms of Use shall only take effect upon the revised version being posted on our website (accessible at https://www.workxflow.com/terms-of-use/ ). Your use of the WorkXFlow Platform after such revisions come into effect shall automatically and without further notice constitute your consent to such revised Terms of Use in their entirety. If you do not agree to or otherwise object to any such updates, modifications and / or revisions, you must immediately cease to use or access the WorkXFlow Platform. You further acknowledge that your sole recourse, if any, in such instance will be to cease using the WorkXFlow Platform. Therefore, please periodically review and familiarize yourself with the most recent version of these Terms of Use to make sure that you still agree to its terms and conditions. Please note that you are solely and exclusively responsible for staying apprised of the contents of these Terms of Use, as amended from time to time and made available to you athttps://www.workxflow.com/terms-of-use/. WorkXFlow also reserves the right to change all or any part of the WorkXFlow Platform and its features - including, but not limited to, any products and / or services provided through it, at any time, without notice.

User Accounts

To access and / or use the WorkXFlow Platform and its features, you must first set up and create a User Account.

You represent and warrant that any information (including, but not limited to, Personal Data) submitted or otherwise made available by you to WorkXFlow (whether directly via the WorkXFlow Platform or otherwise) is true, complete, up-to-date and accurate. You further acknowledge and agree that, for so long as you maintain a User Account, you shall be responsible for immediately updating, rectifying and supplementing any such information (either through the WorkXFlow Platform or, where required by these Terms of Use, by written notice to WorkXFlow in accordance herewith) as and when all or any part of such information becomes outdated, inaccurate or incomplete.

Correspondingly, WorkXFlow undertakes that any personal data collected from Users shall only be utilized in accordance with its Data Privacy Policy (accessible at https://www.workxflow.com/privacy-policy/).

Users undertake and shall be held solely and exclusively responsible: (i) for any and all actions carried out through or utilizing their respective User Accounts (whether internally on the WorkXFlow Platform, in connection with a third party website or application, or otherwise); (ii) for keeping their respective login credentials confidential and secure at all times, including the password of any third-party application or website that we may allow you to use to access the WorkXFlow Platform; and (iii) for immediately notifying WorkXFlow by email at support@workxflow.com of any unauthorized use or breach of their respective User Accounts upon becoming aware of it:

Provided, however, that, subject to the independent obligation of each User to immediately secure its User Account by changing its login credentials via the WorkXFlow Platform upon becoming aware of any such unauthorized use or breach, Users acknowledge and agree that notifying WorkXFlow of such unauthorized use or breach as required above shall not transfer or absolve such User of its obligations and corresponding liabilities as specified above.

You further acknowledge and agree that WorkXFlow retains absolute discretion to refuse to register any person or entity as a User, including, but not limited to, on account of a prior suspension of such person or entity from using the WorkXFlow Platform.

All User Accounts, including any rights and liabilities arising thereunder, are non-transferable except with prior written permission from WorkXFlow.

You may cancel your User Account at any time by contacting our customer support team with clear, written and unambiguous instructions to that effect at support@workxflow.com. Cancellation will be effective immediately upon WorkXFlow acknowledging such request for cancellation. Please note that after you cancel your User Account, you shall: (i) not be able to access or use the WorkXFlow Platform; and (ii) not be entitled to a refund of any fees that you‘ve already paid to WorkXFlow.

Subscription Plans

Except where, and to the limited extent, the WorkXFlow Platform specifically provides otherwise (for e.g., where limited provision is made for the temporary use of a free trial subscription), User Accounts are accessible and operable subject to fees payable based upon the subscription plan that you select and, accordingly, you agree to pay any and all applicable fees related to your use of the WorkXFlow Platform and your User Account as and when they are due. Such fees may be charged and collected on behalf of WorkXFlow either: (i) directly through a third-party payment portal / processor connected to the WorkXFlow Platform; or, where applicable, (ii) by one of the WorkXFlow Platform‘s Integrated PM Platforms. All payments are non-refundable.

Subscription plans are also made available subject to limited but renewable subscription periods ranging from monthly to annual durations. For renewals, WorkXFlow (or, where applicable, the relevant Integrated PM Platform) will automatically charge your payment method for the amount of the then-prevailing fee for your existing category of User Account, subscription plan and period (plus applicable taxes), and renew your User Account for the same subscription plan and period - unless you have, by the expiry of the subscription period preceding such renewal (the “Current Subscription Period”), cancelled your User Account or, alternatively, disabled automatic renewals via the WorkXFlow Platform (thereby notifying WorkXFlow that you do not wish to renew your subscription plan and continue using your User Account following the expiry of your Current Subscription Period).

WorkXFlow reserves the absolute right and discretion to set and revise the pricing and fees of its subscription plans, from time to time.

By providing a payment method, you expressly authorize us (either through a third-party payment portal / processor or Integrated PM Platform) to charge any applicable fees on such payment method as well as any taxes and other charges incurred in connection therewith at regular intervals, all of which shall depend on your particular subscription plan, period and User Account:

Provided, however, that the authorization granted by each User hereunder and WorkXFlow‘s corresponding rights to charge such payment method for any outstanding fees due to it from the User in connection with its User Account shall continue (even beyond any termination, cancellation or suspension of a User‘s account, whether involuntary or otherwise) until such time as all fees due and payable to WorkXFlow are settled in full.

To the extent that payment mechanisms are provided through third parties (including, but not limited to, third party payment processors / portals or Integrated PM Platforms), you acknowledge and agree: (i) that such third parties are independent contractors that operate autonomously and completely outside of the control or oversight of WorkXFlow; (ii) that the payment mechanisms and services provided by such third parties are governed and made available to Users on distinct and independent terms and conditions (the contents of which you are advised to familiarize yourself with prior to utilizing them); and (iii) that WorkXFlow will have no liability to you arising out of the acts or omissions of such third parties. If and where applicable, you agree to maintain current billing information.

Each and every User acknowledges and agrees that it shall not (and may not be permitted to) access and / or utilize all or part of the WorkXFlow Platform and its features, with or without notice, where it has failed and / or neglected to pay and settle any fees due and payable in connection with its User Account and subscription plan (including, but not limited to, where the applicable third party payment processor is unable to charge the payment method provided).

Use of the WorkXFlow Platform

Subject to your continued and consistent compliance with the terms and conditions stipulated herein, WorkXFlow grants you a limited, revocable, non-exclusive and non-transferable license to use and operate a User Account on the WorkXFlow Platform in strict accordance with these Terms of Use (the “License”).

Each User undertakes that it shall not: (i) sub-license, sell, transfer or otherwise assign its License in any manner or form; (ii) operate or otherwise use its User Account in breach or violation of these Terms of Use; (iii) otherwise improperly use the WorkXFlow Platform, including - by creating internet “links” to any part of such WorkXFlow Platform, by “framing” or “mirroring” any part of the WorkXFlow Platform on any other website or system, or by “scraping” or otherwise improperly obtaining data from the WorkXFlow Platform except as explicitly and specifically authorized and facilitated by WorkXFlow; or (iv) create, broker, market or distribute add-ons or enhancements to the WorkXFlow Platform without the prior written consent of WorkXFlow. Each and every User further acknowledges and undertakes that the maximum number of individual users that it authorizes to access and use its respective User Account shall not exceed the number of subscriptions / account users to the WorkXFlow Platform held and maintained by such User under and in terms of its User Account and prevailing subscription plan - provided, further, that you hereby authorize WorkXFlow to carry out periodic audits to assess your compliance herewith and, where any discrepancy is identified between the number of individual users utilizing your User Account and the number of subscriptions / account users authorized in connection therewith, you authorize WorkXFlow, without prejudice to any other rights and recourse available to it, to immediately charge any valid payment method on file in connection with your User Account for an amount equal to such discrepancy / underpayment in accordance with prevailing subscription rates or, where no such valid payment method is maintained, you undertake to immediately settle such amount on demand.

In addition, you shall not (nor allow or assist another party to) access or use the WorkXFlow Platform in order to: (a) reverse engineer or make derivative works based upon the WorkXFlow Platform and its features; (b) design or develop a competitive or substantially similar product or service; (c) copy or extract any of the WorkXFlow Platform‘s features, functionality or content; (d) launch, or cause to be launched on or in connection with the WorkXFlow Platform, an automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses, malware or worms or unduly burden or hinder the operation and / or performance of the WorkXFlow Platform and / or a Third Party Platform (as hereinafter defined); (d) disclose, store or use information that you do not have permission or authority to disclose, store or use; (e) impersonate or misrepresent yourself to any person or entity; or (f) attempt to gain unauthorized access to an Integrated PM Platform or the WorkXFlow Platform‘s features and services or underlying systems, servers or networks.

You further undertake and agree to comply with any and all Applicable Laws when accessing, operating and otherwise utilizing the WorkXFlow Platform and its features.

Intellectual Property

Users hereby acknowledge and agree that any Intellectual Property vested in, connected or related to or arising out of the WorkXFlow Platform, its features and / or the business of WorkXFlow and its products and services (hereinafter “WorkXFlow IP”) shall, at all times, belong to WorkXFlow and, where and to the extent applicable, its respective licensors and affiliates. Your use of the WorkXFlow Platform and its features does not in any way grant you ownership or other rights or entitlements of any kind in or over the WorkXFlow Platform, its features or any WorkXFlow IP - except those limited rights and entitlements explicitly, specifically and unambiguously granted under and in terms of a License issued upon and subject to these Terms of Use. For the avoidance of doubt, WorkXFlow reserves all rights not expressly granted to you in this Agreement and nothing in these Terms of Use grants, by implication, waiver, estoppel, or otherwise, and correspondingly shall not be construed or interpreted as granting to any User or third party any rights, title, or interests in or to the WorkXFlow IP.

Where you upload content of any kind to the WorkXFlow Platform for any purpose or use (including, but not limited to, text, media or other data), you acknowledge, represent and undertake to WorkXFlow that:

  • You shall be solely and exclusively responsible for such content and any liability arising therefrom;
  • You are lawfully entitled and authorized to use, upload and otherwise deal with that content in such manner; and
  • That any such use, disclosure, storage or action on the WorkXFlow Platform shall not, in any way or form, constitute a breach or violation of any third-party rights (including any Intellectual Property rights or obligations of confidentiality owed to a third party, etc.).

Compliance

Without prejudice to any remedies available to WorkXFlow by law and / or equity, where WorkXFlow determines that you have breached (or that your User Account has been utilized to breach) these Terms of Use in any way, it shall have absolute discretion to adopt or take any of the following measures:

  • To restrict or suspend your User Account and / or License (which may involve, amongst other things, restrictions on access to all or part of the WorkXFlow Platform and its features), with or without prior notice;
  • To cancel such your User Account and immediately terminate your License, with or without prior notice; and / or
  • To report and notify any State instrumentality, regulator, law enforcement body or other related third party of suspected breaches or violations of Applicable Law and to comply with any directions or orders issued by such third parties.

Third Party Platforms

The WorkXFlow Platform may be integrated with and contain references and links to third party websites and applications (including, but not limited to, Integrated PM Platforms) (hereinafter collectively referred to as “Third-Party Platforms”). Users acknowledge that such integrations to and the inclusion of such references and / or links on the WorkXFlow Platform do not constitute (and should not be construed as constituting) any express or implied endorsement, guarantee, warranty or recommendation by WorkXFlow of such Third-Party Platforms, each of which are independently owned and operated by third parties with no affiliation to WorkXFlow. WorkXFlow has no control over the product and / or service offerings, administration, operations and / or privacy practices of such Third-Party Platforms, each of which operate under distinct and independent terms and conditions. As such, you access any such Third-Party Platforms at your own risk and subject to its respective terms of use, if any. By accessing and / or using them, you may be giving those third parties permission to use or control your information in ways WorkXFlow would not.

Where you use any Third-Party Platform integrated with the WorkXFlow Platform in connection with your User Account, you independently undertake to WorkXFlow that you shall, at all times, abide by and adhere to such Third-Party Platform‘s terms of use and not utilize either platform improperly or in a manner that breaches or violates their respective terms and conditions. Note that any breach by you of a Third-Party Platform‘s terms and conditions may correspondingly be treated by WorkXFlow as a breach and violation of these Terms of Use.

You further acknowledge and agree: (i) that access to and use of certain features and aspects of the WorkXFlow Platform may be predicated and preconditioned upon the availability, accessibility and functionality of such Third-Party Platforms (including, but not limited to, Integrated PM Platforms); (ii) that WorkXFlow makes no representations or warranties of any kind on or in connection with the quality, availability, functionality, suitability or security of such Third Party Platforms; and (iii) that any inaccessibility, errors or other down-time suffered by or relating to such Third Party Platforms may impact your use of the WorkXFlow Platform and its features. Where you authorize the integration of your User Account with any Integrated PM Platform, you thereby automatically authorize WorkXFlow to: (a) synchronize, export and share any information, data and / or other content uploaded or connected to your User Account with such Integrated PM Platform; as well as (b) import, collect, store and synchronize any similar information, data and / or content made available by such Integrated PM Platform on to the WorkXFlow Platform - where, and to the extent, either is required in order to facilitate and maintain such integration(s).

Limitation of Liability

While we do make best efforts to ensure that the WorkXFlow Platform and its features operate as intended, Users hereby acknowledge and agree that the WorkXFlow Platform and its features are provided on an AS IS and AS AVAILABLE basis without any express or implied representation, warranty or guarantee of any kind made - including, without limitation, in respect of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Without prejudice to the generality of the foregoing, WorkXFlow also makes no express or implied representation or warranty that the functionality of the WorkXFlow Platform will be uninterrupted, secure or error free, that its features will meet any User or third party‘s specifications, needs or requirements, that it will be compatible with any software or system or that the server(s) and systems that make it available shall be free of viruses or anything else which may be harmful or destructive.

Users further acknowledge and agree that WorkXFlow reserves the absolute right to suspend and / or shut down all or any part of the WorkXFlow Platform and its features, with or without prior notice, for the purpose of carrying out maintenance and / or upgrades from time to time.

WITHOUT PREJUDICE TO THE DISCLAIMERS PROVIDED FOR ABOVE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WORKXFLOW, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES BE LIABLE TO ANY USER (WHETHER BASED IN CONTRACT, TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY) FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE WORKXFLOW PLATFORM OR ITS FEATURES - HOWSOEVER ARISING INCLUDING BY NEGLIGENCE, EVEN IF WORKXFLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT PREJUDICE TO THE ABOVE LIMITATION(S), IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF WORKXFLOW TO A USER (OR PARTY CLAIMING THROUGH A USER), ARISING FROM OR RELATING TO THESE TERMS OF USE, THE WORKXFLOW PLATFORM AND / OR ITS FEATURES, OR FROM THE USE OF OR INABILITY TO USE THE ABOVE, EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY SUCH USER TO WORKXFLOW DURING THE PRECEDING THREE (03) MONTH PERIOD.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WORKXFLOW PLATFORM SHALL BE SOLELY AND EXCLUSIVELY AT YOUR OWN RISK.

Indemnification

Each and every User hereby acknowledges, undertakes and agrees to indemnify and hold WorkXFlow, its affiliates, officers, agents, employees, resellers, licensors, licensees and other representatives, harmless from any claim, demand, loss, expense and damages - including without limitation, reasonable legal fees and the cost of enforcing this indemnification provision, arising out of, resulting from or connected to: (i) any breach or violation by such User of these Terms of Use; or (ii) any act or omission of negligence or willful misconduct by such User.

Force Majeure

Without prejudice to the generality of the limitations of liability and disclaimers provided for above, in no event shall WorkXFlow be liable to any User, or be deemed to have breached these Terms of Use, for any failure or delay in performing its obligations hereunder, if and to the extent such failure and / or delay is caused by any circumstances beyond WorkXFlow‘s reasonable control - including, but not limited to, acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, epidemics and pandemics, contractor difficulties, labor stoppages or slowdowns or other industrial disturbances, shortages of public utilities, or passage of law or any action taken by a governmental or public authority, including the imposition of an embargo.

Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka.

You acknowledge and agree that, where any doubt, dispute, controversy or claim arises from, out of or in connection with these the WorkXFlow Platform, your User Account, these Terms of Use or in the interpretation, validity, operation or breach thereof (hereinafter referred to as a “Dispute”), you shall endeavor to settle such Dispute amicably with WorkXFlow through mutual discussions.

Any Disputes raised by a User must be submitted in writing to WorkXFlow within thirty (30) days of such Dispute first arising, failing which WorkXFlow shall have no liability whatsoever in respect thereof and such User shall be deemed to have waived whatever rights it may have had in relation to such cause of action including, but not limited to, all legal and equitable remedies.

In the event that such parties are unable to resolve it through mutual discussion within twenty-one (21) days of notice being given of such Dispute (hereinafter referred to as the “Negotiation Period”), such Dispute shall be referred to the Institute for the Development of Commercial Law and Practice for arbitration and settled in accordance with the Rules of the Arbitration Centre of the Institute for the Development of Commercial Law and Practice (“ICLP”). The place of the arbitration shall be Colombo, Sri Lanka. The proceedings of arbitration shall be in the English language. The arbitral tribunal shall consist of one (01) arbitrator who shall be mutually agreed upon by and between the parties in dispute - provided, however, that, where such parties cannot agree upon an appointment within Fourteen (14) days of the expiry of the Negotiation Period, then - the Parties hereby authorize ICLP to nominate and appoint an arbitrator on their behalf. The Parties agree that any award by the ICLP shall be final and conclusive and be enforceable against them in any competent court of law.

Any such arbitrator appointed under and in terms of this Clause may not consolidate more than one User‘s claims, and may not otherwise preside over any form of class or representative proceeding or claims (such as a class action or consolidated action) unless WorkXFlow specifically agrees thereto in writing following the initiation of the arbitration.

General Terms

All communications from WorkXFlow to a User shall be made either: (a) by electronic mail to the email account saved on record for such User‘s User Account; and / or (b) by registered post or courier to the physical address saved on record for such User.

Unless otherwise specified in these Terms of Use, any communication or correspondence with WorkXFlow should be directed to support@workxflow.com.

In the event that any of the provisions contained in these Terms of Use are found to be invalid, unlawful or unenforceable, the Parties agree: (i) to modify this Agreement so as to give effect to the original intent of the Parties as expressed herein as closely as possible and to the fullest extent permitted by Applicable Law; or failing which (ii) that such terms shall be severable from the remaining terms, which shall continue to be valid and enforceable.

Except as otherwise explicitly and unambiguously provided for in these Terms of Use, all your rights and obligations hereunder are personal to you and may not be assigned or transferred, wholly or in part, without the prior written consent of WorkXFlow.

You further acknowledge and agree that these Terms of Use, which constitute a legally binding agreement entered into by and between WorkXFlow and you (as a User), may be executed and entered into by electronic signature (including, but not limited to, via clickwrap or clickthrough agreement), which shall be considered an original signature for all intents and purposes and shall have the same force and effect as an original “wet-ink” signature by you.