Terms and Conditions
1.
Introduction
1.1
Please
read these terms and conditions carefully before using the website operated by
MyEasyDiary Limited (Company) (our we or us) (Company
Number 5694947, England). In particular, we draw your attention to clauses 7 (Information and materials published on our website)
and 13 (Liability). By accessing or using myeasydiary.com (our website) you agree to be legally
bound by these terms and conditions as they may be modified and posted on our
website from time to time.
1.2
If
you do not wish to be bound by these terms and conditions then you may not use
our website.
2.
Our website and what it will do for you
2.1
Our
website is a place for you to use our services. Our services (Services) include without limit:-
(a)
an
online personal address book, diary and safe which will contain names,
addresses, dates of birth and other information compiled by you (Your Site)
(b)
a reminder
service through the provision of personalised email and/or text messages at
your request (Reminder Service).
Our website describes the Services in more detail.
2.2
There are two different areas within your site:
(a)
a
general information area where you can store more general information (General Area).
(b)
a
safe area where you can store your most important details (Safe)
2.3 Apart from a trial period, the Safe is only available with the premium subscription.
2.4
You
must treat your user identification code, password or any other piece of
information (Password) which you
submit as part of our security procedures confidential and take steps to
prevent unauthorised use of them. For example:
(a)
never
write or otherwise record the Password in a way that can be understood by
someone else;
(b)
avoid
passwords which may be easy to guess such as birthdays, telephone numbers,
dates of birth etc; and
(c)
the recording your passwords on any software which retains it automatically is at your own risk (for example, any computer screen prompts or 'save password' feature or any similar function on your internet browser).
2.5
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties, doing so means you are responsible for any loss or damage caused by that third party. You must notify the Company immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
2.6
Once
you have logged on to Your Site you must not leave the terminal or other device
from which you have accessed at any time or let anyone else use it until you
have logged off. You will be responsible for ensuring that you have logged off
at the end of any session.
2.7
When
using the website, you must comply with the provisions of our acceptable use
policy (link on website) and privacy policy (link on website) and you agree to indemnify us on demand for any breach of warranty.
2.8
Please
note that our website is available only to individuals that can form legally
binding contracts under applicable law. The contents of our website are aimed
at users aged 18 and above, you must be over 18 years to purchase the Services.
If you do not qualify, please leave our website now.
2.9
Our
website is designed for private, personal and non-commercial use and we reserve
the right to limit the number of contacts for each subscriber.
3.
Buying
Services on our website
3.1
To
subscribe to our Services you will need to follow the ordering procedures set
out on our registration page. Details of the prices for the Services, and the
procedures for payment and delivery are displayed on our website.
3.2
Any
times or dates stated on our website for delivery are estimates only. We will
make all reasonable effort to deliver the Services to you, which shall include
but shall not be limited to our Reminder Service within the time specified, but
the Company does not accept liability for any failure to deliver within that
time.
3.3
You
must make payment for the Services through Worldpay at the time of order. The
price of the Services is the price in force at the date and time of your order.
We may change the price of the Services before you place an order. We try to
ensure that the prices displayed on our website are accurate but the price on
your order will need to be validated by us as part of the acceptance procedure
(see clause 3.4 below). We will inform you if the correct price for the
Services is higher than that stated in your order and you may cancel the order
and decide whether or not to order the Service at the correct price.
3.4
We
are entitled to refuse any order placed by you. A confirmation notice will be
displayed once your order has been accepted. The confirmation notice will be
stored on your site which will enable you access and print the confirmation.
3.5
You
undertake that all details you provide to us for the purpose of subscribing to
the Services which are offered by us on our website will be correct, that the
credit or debit card details which you provide are your own and that there are
sufficient funds or credit facilities to cover the cost of the Services.
4.
How
to cancel your subscription
4.1
You
may cancel the subscription to Services that you have purchased within 30 days
of us providing you with any Services for any reason (including if you simply
change your mind). To do so you must notify us in writing or through any other
durable medium (including email) within those 30 days. You will then be
entitled to a refund from the Company, which will be paid as soon as possible,
but in any event within thirty days.
4.2
If
the Service provided does not correspond with its description we may at our
option refund to you the price paid for the Services.
4.3
If
you have any complaints, you should direct them to us via email at help@myeasydiary.com
or by post at MyEasyDiary Limited, MED House, 61b Belmont Hill, London SE13 5AX, ENGLAND.
5.
Changes
made to our website
5.1
We
reserve the right to make changes or corrections, alter, suspend or discontinue
any aspect of our website or the content or services available through it,
including your access to it. Unless explicitly stated to the contrary, any new
features including new content and/or the sale of new Services and they shall
be subject to these terms and conditions.
5.2
Please
note that although we try to ensure that the content of our website is
accurate, our website may contain typographical errors or other inaccuracies.
6.
Information
that you provide to us
6.1
The following applies to information you provide to us as a company as defined in the privacy policy (Information About You) and information stored in your site (Your Site).
(a)
You warrant that any contribution complies with clause 2.7.
(b)
You
authorise us to use, store or otherwise process this information to
the extent reasonably necessary to provide the Services which are available
through our website by us, our partners, successors (including any purchaser of
the whole or part of our business), associates or sub-contractors (together our
Partner Companies).
(c)
If
you choose to buy Services through our website then we may collect information
about your buying behaviour and if you send us personal correspondence such as
emails or letters then we may collect this information into a file specific to
you (together, the various purposes set out in this paragraph and in our
privacy policy shall be known as the
Purposes).
(d)
Your email address and mobile telephone number
on your 'my details' page needs to be kept up to date if you want to
use the Reminder Service; if you want us to send information about your
account balance; or you want us to send you a reminder about your subscription
due date. You will also need these details
if you forget your site password.
6.2
In
addition, the following also applies to all messages, emails, bulletin boards
postings, ideas, suggestions, concepts or other material submitted by you to us
(Content):
(a)
you
must own or have the right to submit Content for publication on our website and
all Content submitted by you must be legal, honest, decent and truthful and comply
with all applicable laws, regulations, standards and/or codes of practice;
(b)
you
must ensure that all Content submitted to us does not infringe the copyright,
design, privacy, publicity, data protection, trade mark or any other rights of
any third party, nor be obscene, abusive, threatening, libellous or defamatory
of any person or be otherwise unlawful;
(c)
you
must ensure that the Content does not advertise or otherwise solicit for funds nor
is it a solicitation for goods or services; and
(d)
we
have the right to monitor Content and may edit, reject or remove Content if we
believe it does not comply with the above and, in particular, we reserve the
right to block incoming emails and other Content if we believe that their
content is or may be inappropriate or otherwise does not comply with the above.
6.3
You
grant us a non-exclusive, irrevocable, royalty free, worldwide licence to
publish all Content that you submit to us except any portion of the Content
that is either Your Site or Information About You. You have sole responsibility for the Content which
you submit to us and you shall indemnify and shall keep us fully and
effectively indemnified on demand from and against all actions, claims, losses,
liability, proceedings, damages, costs, expenses, loss of business, loss of
profits, business interruption and other pecuniary or consequential loss
(including legal costs and expenses) suffered or incurred by us and arising
directly or indirectly out of the publication of Content submitted by you to
us.
6.4
You
warrant and undertake that you will not use our website for any purpose that is
illegal or prohibited by these terms and conditions, including without
limitation the posting or transmitting of any libellous, defamatory,
inflammatory or obscene material. If you breach these terms and conditions then
your permission to use this website terminates immediately without the
necessity of any notice being given to you. We retain the right to deny access
to any person who fails to comply with these terms and conditions.
7.
Information
and materials published on our website
7.1
Unless
otherwise specified all content and materials published on our website are
presented solely for your private, personal and non-commercial use.
7.2
Commentary and other materials
posted on our website are not intended to amount to advice on which reliance
should be placed. We therefore disclaim all liability and responsibility
arising from any reliance placed on such materials by any visitor to our website,
or by anyone who may be informed of any of its contents.
7.3
Our
website is controlled by us from our offices in
7.4
We
have used our best endeavours to ensure that our website complies with
7.5
We
make no representations and give no warranties, express or implied that making
the Services available in any particular jurisdiction outside the UK is
permitted under any applicable non-UK laws or Regulations. Accordingly, if
making the Services or any part available in your jurisdiction or to you (by
reason of nationality, residence or otherwise) is prohibited, those Services are
not offered for sale to you. You accept that if you are resident outside the
8.
Viruses,
hacking and other offences
8.1 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
8.2
By breaching the provisions of paragraph 8.1 you
would commit a criminal offence 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 website will cease immediately.
8.3
We will not be liable for any loss
or damage caused by a distributed denial-of-service attack, viruses or other
technologically harmful material that may infect your computer equipment,
computer programs, data or other proprietary material due to your use of our website
or to your downloading of any material posted on it, or on any website linked
to it.
9.
Ending this Agreement
The Company reserves the right, at its sole discretion, to terminate your access to the Services or any portion
thereof at any time, without notice. If you have registered but not used the site for more 12 months or more
we reserve the right to terminate your registration. The Company will change your membership status from premium
to basic if you fail to make the required annual subscription payment.
10.
Copyright
and intellectual property
The contents of our website is protected by
international copyright laws and other intellectual property rights. The owner
of these rights is the Company, its affiliates or other third party licensors.
All product and company names and logos mentioned in our website are the trade
marks, service marks or trading names of their respective owners, including us.
You may download material from our website for the sole purpose of placing an
order with us. However, you may not modify, copy, reproduce, republish, upload,
post, transmit or distribute, by any means or in any manner, any material or
information on or downloaded from our website including but not limited to
text, graphics, video, messages, code and/or software without our prior written
consent, except where expressly invited to do so, for example in order to
complete any test or questionnaire.
11.
Linked sites
We make no representations whatsoever about any
other websites which you may access through our website or which may link to
our website. When you access any other website you understand that it is
independent from the Company and that we have no control over the content or
availability of that website. In addition, a link to any other website does not
mean that Company endorses or accepts any responsibility for the content, or
the use of, such a website and Company shall not be liable for any loss or
damage caused or alleged to be caused by or in connection with use of or
reliance on any content, goods or services available on or through any other
website or resource. Any concerns regarding any external link should be
directed to its website administrator or web master.
12.
Availability
of our website
We will try to make our website available but
cannot guarantee that our website will operate continuously or without
interruptions or be error free and can accept no
liability for its unavailability. You must not attempt to interfere with the
proper working of our website and, in particular, you must not attempt to
circumvent security, tamper with, hack into, or otherwise disrupt any computer
system, server, website, router or any other Internet connected device.
13.
Liability
13.1
We
promise that for any Service you purchase from our website:
(a)
we
have the right to sell the Services to you;
(b)
the
Service will correspond with the description we have given to you;
any service we
provide to you will be provided with reasonable skill and care.
We exclude all other express or implied terms,
conditions, warranties, representations or endorsements whatsoever with regard
to any Services our website or any
information or service provided through our website.
We will do our best to ensure that all materials
and information published on our website are accurate, but please note that all
content, materials and information on our website are provided on an 'as is'
basis and you assume total responsibility and risk for your use of our website
and use of all information contained within it.
13.2
We
accept no liability for any indirect or consequential loss or damage, or for
any direct or indirect loss of data, profit, revenue or business in each case,
however caused, even if foreseeable. In circumstances where you suffer loss or
damage arising out of or in connection with the viewing, use or performance of
our website or its contents other than as a direct result of purchasing the
Services and/or the Company failing to provide the Reminder Service to you on
time (which shall be subject to the exclusions and limitation of liability set
out in these terms and conditions), we accept no liability for this loss or
damage (except where we have been negligent) whether due to inaccuracy, error,
omission or any other cause and whether on the part of the Company or our
servants, agents or any other person or entity.
13.3
You
are responsible for keeping your Password secure and secret at all times and
you should take steps to prevent unauthorised use of your Password. We are not
liable for any losses which occur as a result of an unauthorised person gaining
access to your Password, whether such Password is obtained by using a computer
that is used by members of the public or otherwise.
13.4
If
we are liable to you for any reason, our liability will be limited to the
amount paid by you for the Service concerned. This limit does not apply to any
liability we may have for death or personal injury resulting from our
negligence or for our fraudulent misrepresentation.
13.5
You
are responsible for ensuring that your computer system meets all relevant
technical specifications necessary to use our website and is compatible with
our website. You also understand that we cannot and do not guarantee or warrant
that any material available for downloading from our website will be free from
infection, viruses and/or other code that has contaminating or destructive
properties. You are responsible for implementing sufficient procedures and
virus checks (including anti-virus and other security checks) to satisfy your
particular requirements for the accuracy of data input and output.
13.6
The
limitations and exclusions in this clause do not affect your
non-excludable statutory rights and only apply to the extent permitted by
applicable law.
14.
General
legal matters
14.1
We
may, but you may not, assign any rights and/or transfer, sub-contract or
delegate any obligations under these terms and conditions, and/or charge or
deal in any other manner with these terms and conditions or any of our
respective rights or obligations. Any purported assignment, transfer,
sub-contracting, delegation, charging or dealing in contravention of this
clause 14.1 shall be ineffective. These terms and conditions are personal
to you and are entered into by you for your own benefit and not for the benefit
of any third party.
14.2
We
may alter these terms and conditions from time to time and post the new version
on our website, following which all use of our website will be governed by that
version. You must check the terms and conditions on the website regularly.
14.3
These
terms and conditions together with the privacy policy and acceptable use
policy, any order form and payment method instructions, if any, are the whole
agreement between you and the Company. You acknowledge that you have not
entered into this agreement in reliance upon any statement, warranty or
representation made by the Company or any other person and you irrevocably and
unconditionally waive any rights to claim damages and/or to rescind these terms
and conditions by reason of any misrepresentation (other than a fraudulent
misrepresentation) that is not contained in the terms and conditions, privacy
policy and acceptable use policy, order form and payment method instructions.
14.4
If
any provision or term of these terms and conditions shall become or be declared
illegal, invalid or unenforceable for any reason whatsoever, such term or
provision shall be divisible from the other terms and conditions and shall be
deemed to be deleted from them.
14.5
These
terms and conditions and your use of our website are governed by English law
and you submit to the non-exclusive jurisdiction of the English courts.
14.6
Except
in respect of a payment obligation, neither you nor the Company will be held
liable for any failure to perform any obligation to the other due to causes
beyond your or the Company's respective reasonable control.
14.7
Failure
or delay by either party enforcing an obligation or exercising a right under
these terms and conditions does not constitute a waiver of that obligation or
right.
14.8
These
terms and conditions do not confer any rights on any person or party (other
than you and/or us) pursuant to the Contracts
(Rights of Third Parties) Act 1999.
15.
Notices
15.1
All
notices shall be given:
(a)
to
us via email at help@myeasydiary.com
by post at MyEasyDiary Limited, MED House, 61b Bellmont
Hill,
(b)
to
you by either email or by text message to the e-mail address or mobile
telephone number that you provide during any ordering process, or if you do not
provide us with an email address of mobile telephone number by posting a notice
on your site.
15.2
Notice
will be deemed received when:
(a)
an
email is received in full (or else on the next business day if it is received
on a weekend or a public holiday in the place of receipt) or three (3) days after
the date of posting;
(b)
a
text message is sent; or
(c)
when a notice
is posted on your site.
16.
Replacement
These terms and conditions replace all other terms
and conditions previously applicable to the use of our website and/or sale of
the Services.