Legal
ACTIVE REMINDERS LTD USER AGREEMENT
The services available at http://www.activereminders.com are provided by Active reminders Ltd.
This user agreement confirms our terms and conditions of business for use of our web site. Use of our web site by you is your express acceptance of them.
1. Definitions
‘activereminders.com'; ‘we"'; ‘us'; ‘Active Reminders'; ‘our' ‘Company’ – Active Reminders Ltd
‘www.activereminders.com' - this web site and other web sites that we operate including: www.activereminders.co.uk, www.jog247.com and www.jog247.co.uk.
‘You'; ‘customer(s)' – the private individual creating an account on our web site. If you open an account as a business entity, you represent that you have the authority to bind that entity to this User Agreement.
‘VAT' – Value added tax at the prevailing rate (currently 17.5%).
‘third party web sites' – links on our website to sites owned and controlled by independent organisations etc.
2.1 General
Active Reminders Ltd will never sell or rent your personal information to third parties for their marketing purposes without your explicit consent. If we transfer your information to a service provider or agent in another country, we will make sure that the service provider or agent agrees to apply the same levels of protection as we are required to apply to information held in the UK and to use your information only for the purpose of providing the service to us.
You can browse our web site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information you are no longer anonymous to us.
We gather information on forms throughout the web site and from the information you provide – see ‘Your information' in our terms and conditions. We will indicate which fields are required and which fields are optional. You always have the option not to provide information by choosing not to use a particular service or feature.
Under some circumstances we may require some additional financial information, for example, (but not limited to) credit card details. We may use this financial information to help verify your name, address, and other information. We may also use this information to charge you for your use of our services.
We automatically collect and process certain information based upon your use of the web site. We use this information to communicate with you. This information may include browser information and your IP address.
We need to obtain some personal information to provide you with an efficient and personalised experience. We only collect personal information about you that we consider necessary for this purpose.
We will collect the information you choose to leave in the comments and message pages of our web site.
If you, other users or third parties send us correspondence about you on our web site we may collect such information into a file specific to you.
Our services are not available to children and we ask that persons under the age of 18 do not submit any personal information to us. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian.
We will require such evidence as we in our absolute discretion find adequate to show that you have given your authority before we release your personal information to someone acting on your behalf.
If you object in any way to your information and data being transferred or used as detailed here or in our terms and conditions and user agreement, please do not register.
If you have additional questions about our privacy and data protection policy then please e-mail customer support at mailbox@activereminders.com.
2.2 Definition
‘Your Information' is defined as any information you provide to us or other users in relation to the our service including the registration, comment or feedback process and any other content that you post within the web site. You are solely responsible for Your Information.
2.3 Restrictions
Your Information and your activities on our web site must not:
- be false, inaccurate or misleading;
- be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
- be obscene, indecent or contain child pornography;
- be fraudulent;
- be in breach of any applicable laws or regulations (including, but not limited to, laws governing consumer protection, unfair competition, anti-discrimination, false advertising);
- infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- link to or include any computer viruses, macro viruses, trojans, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
- cause our web site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of our web site is in any way impaired;
- list any item on our web site (or complete any transaction initiated using our web site) that by paying to us our fee could cause us to violate any applicable law.
2.4 Our use of Your Information
We may use your information and other information we obtain from your current and past activities on our site to resolve disputes, provide customer support, troubleshoot problems and enforce our User Agreement and policies.
We may look across multiple users to identify problems or resolve disputes, and in particular we may examine your information to identify users using multiple User IDs or aliases.
You agree that we may use personally identifiable information about you to improve our marketing and promotional efforts, to analyse site usage, improve our content and product offerings.
You agree that we may use your information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as, administrative notices, product offerings, and communications relevant to your use of our web site. We may analyse personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for other marketing and promotional purposes.
By accepting the User Agreement you expressly agree to receive this information. If you do not wish to receive these communications you must indicate so in an email to our customer support team at mailbox@activereminders.com. You may make changes to your notification preferences at any time.
2.5 External Service Providers
The separate optional services offered by third parties on our web site are external service providers. If you choose to use their optional services their use of your information is governed by their privacy policy. We do not disclose your personal information to external service providers unless you provide your explicit consent.
We do not control the privacy practices of these third parties. We recommend that you always review the user agreement, terms and conditions and privacy and data protection policies before using third party services.
2.6 Legal Requests
By accepting our terms and conditions you authorise us to disclose personal information such as (but not limited to) name, address, telephone number, email address, username and password, to relevant authorities who are investigating alleged criminal or illegal activity, or other activity that may expose us or you to legal liability.
2.7 Amendment, review and removal of information
You can change your username and password, contact information, financial information, postal address and user preferences by the ‘Logging In' to our web site and updating your "profile". You must immediately update your personal information if it changes or is inaccurate.
We can close your account and deactivate your information and financial information from our active databases. To enable this please email your request to our customer support team at mailbox@activereminders.com. We will endeavour to deal with your request as soon as is reasonably practicable.
We will retain information you have requested to remove in some circumstances, such as if it may help us to resolve disputes or enforce our contractual rights. Some information is never completely removed from our databases due to technical and legal constraints, including stored "back up" systems. You should not expect that all of your personally identifiable information would be completely removed from our databases in response to your requests.
2.8 Product Descriptions
Descriptions and illustrations shown on our site do not form part of the contract they are meant as an example of what products may be available and are for illustrative purposes only. Actual products available may vary from time to time to the descriptions and examples provided.
2.9 Disclaimer
We cannot ensure that all of your communications with mailbox@activereminders.com and other personal information will never be disclosed in ways not otherwise described in our user agreement, terms and conditions and privacy and data protection policies.
We recommend caution and common sense in using our web site. All internet web sites present risks of dealing with underage persons or people acting under false pretences. By using our web site, you agree to accept such risks and agree that Move on the net limited is not responsible for the acts or omissions of users of its web site.
2.10 Cookies
Cookies are data collection devices. Our web site does not use cookies at present. However, if we were to, cookies on our site are session cookies meaning that they are automatically deleted from your hard drive at the end of a session using our web site. You are always free to decline our cookies if your browser permits although that may mean that you are not able to use certain features on our web site.
We do not control the use of cookies by third parties.
2.11 JavaScript
JavaScript is a scripting language used widely on many web sites to help with the operation of web pages. On this site it is also used to help to automate the completion of forms and validate form data. It is not harmful to your computer but you do need to have JavaScript turned on (in most cases this is standard). If you experience any difficulties using the site, please first check that JavaScript hasn't been disabled in your browser.
3.1 Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the web site for any purpose without our express written permission.
You agree that you will not:
- take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from our web site without the prior our expressed written permission and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of our web site or any activities conducted on our web site;
- bypass measures we may use to prevent or restrict access to our web site;
- attempt to place an advertising, order a package, goods or additional services we may offer without paying the appropriate fee for such advertisings etc.
We do not authorise you to extract or re-utilise any part of our web site.
In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. You must give all users an opportunity to remove themselves from your database and afford them all other rights under the relevant Data Protection legislation.
We and our users will not tolerate spam or unsolicited commercial communications in any form. Without limiting the foregoing, you shall not add one of our employees or user to your mail list (email or physical mail) without their express written consent after adequately full and frank disclosure. To report spam from other users, please send an email to customer support at mailbox@activereminders.com.
All prices published are inclusive of UK VAT. Delivery charges will be shown separately. In the event that prices published are found to be incorrect you will be contacted by us and given the option to cancel your order and/or at the Company’s absolute discretion given the opportunity to complete the order at the correct price.
Defective goods may be exchanged provided that they are returned to us at your own expense within 7 days of receipt. The Company may at its absolute discretion provide a reimbursement for the original purchase price.
5. Payment
**** tba
6. Delivery
*** tba
*** The Company does not accept any responsibility for goods damages in transit.
We will endeavour to deliver all orders for goods within the timescale selected at the time of purchase. However we cannot be held responsible for postal delays once the goods have been dispatched by us for delivery.
Goods delivered shall be at your risk from the time they are delivered.
Property in the goods delivered shall not pass to you until all sums have been paid to Active Reminders in respect of the goods.
OUR LIABILITY TO YOU
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, sales, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement.
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of any providers of telecommunications services or for faults in or failures of their networks and equipment.
In circumstances that are (but not limited to) due to necessary maintenance; web site upgrades; technical reasons; and matters beyond the control of Active Reminders Ltd, interruptions in service may arise. We will use our best endeavours to keep interruptions to an absolute minimum.
We aim to deliver uninterrupted service but offer no guarantees on the length of any interruptions in service.
10. No Cancellation
You acknowledge that we will commence supplying our services to you as soon as you click the ‘Authorise' button on the “ENTER YOUR CREDIT/DEBIT CARD DETAILS”. Clause 8(3) of The Consumer Protection (Distance Selling) Regulations 2000 states that the statutory cancellation (cooling-off) period of 7 days for services purchased over the internet, does not apply where performance of that service has already commenced with the customer's agreement.
Our online payment facilities are designed to activate our reminders service automatically and immediately. By authorising a payment for utilizing our service on this site you confirm your agreement to the service commencing IMMEDIATELY and that the statutory cooling-off period does not apply
**** Need separate terms for one off transactions if this service is to be offered.
11. Password
For your own security you must not disclose your www.activereminders.com password to any third party. You are responsible for all actions taken with your username and password. If you forget your username then please use the automated password reminder system or e-mail our customer support team and they will assist you with a reminder.
If you feel that your account has been compromised for any reason, you must immediately change your password by editing your account details in the your account page.
12. Security
Active reminders treat data as an asset that must be protected against loss and unauthorised access. We will use our best endeavours to make our web site as secure as is reasonably possible by engaging security techniques to protect data from unauthorised access by users inside and outside the web site.
Active Reminders uses industry standard practices to safeguard the confidentiality of your personal identifiable information, including encryption, and "firewalls".
Active Reminders does not claim impliedly or expressly that www.activereminders.com is secure.
13. Fraud
Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the web site. From time to time we may audit payments and activity on our web site to comply with any money laundering legislation.
14. Amendments
From time to time our terms and conditions, user agreement and policies will, by necessity, change. These may affect your continued use of our web site.
We will give you notice of any amendments by either e-mail or by posting the amended terms and conditions of business and User Agreement on our web site. Any amended terms of business and User Agreement will govern new user registrations from the date they are posted on the web site. The amended terms and conditions of business and User Agreement will bind existing users after the expiry of 30 days following the date it is posted to the site. No other amendment to these Terms of business and User Agreement will be effective.
We also reserve the right to change the format, colouring, presentation, site size, and functionality of our web site without notice.
15. Warranties
We (and all parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services as operation of the www.activereminders.com web site may be interfered with by numerous factors outside of our control. Our web site and our services are provided "as is" and as and when available.
To the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
16. Breaches
We may, amongst other remedies and actions open to us, limit your activity on www.activereminders.com and/or immediately suspend or terminate your user registration and refuse to provide our services to you without notice to you:
- if you breach this User Agreement or the documents incorporated by reference;
- if despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us;
- if we believe that your actions may cause us financial loss or legal liability;
- if your payment is made using stolen or misappropriated funds;
- if we consider that it is appropriate to do so at our absolute discretion.
You agree to indemnify us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees, from any claim or demand, including reasonable legal fees, known and unknown made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
In the event that you have any right, claim or action against any other user arising from that user's use of our web site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Active Reminders Ltd, our parent, subsidiaries, affiliates, officers, directors, agents and employees from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
18. Complaints and Dispute Resolution
If you have a complaint about our web site or our service then please do let us know. We will attempt to deal constructively with any complaints raised by you, in an effort to make you satisfied with the service you receive. We welcome feedback and comment on how we can improve our service.
Any complaints should be made in writing within 7 days. We will acknowledge receipt of your complaint within 7 days and aim to resolve any complaint within 14 days from acknowledgement. Please also refer to the ‘Notices' and ‘Legal' sections below.
19. Notices
Any notices to Active Reminders Ltd must be sent by recorded delivery to the registered office as published on our website. Notices to you will be sent to either the email address or postal address that you provided to us during the registration process. Receipt of notices to you is deemed at 24 hours after an email is sent, unless notice is received that the email address is invalid.
20. General
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be deemed struck out and the remaining provisions shall be enforceable.
You agree that this User Agreement and all incorporated agreements may be automatically assigned by Active Reminders Ltd at their sole discretion, to a third party in the event of a merger or acquisition or any other event. You and Active Reminders Ltd are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This User Agreement is the entire understanding and agreement between us with respect to its subject matter.
No oral explanation or oral information given by any party shall in any way alter the interpretation of this User Agreement.
21. Disclaimer
Active Reminders Ltd endeavours to provide accurate information but disclaims all warranties with regard to the information contained on all pages at www.activereminders.com.
In no event or circumstance shall we be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use of data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this information.
22. Legal
Our contract, terms and conditions and user agreements are to be governed by English law under the sole jurisdiction of English courts.
23. Contact Details
Address: Active Reminder Ltd, 66 Chorley Street, Bolton, BL1 4AL
Email: info@activereminders.com
Tel: ****
Copyright 2006 Active Reminders Ltd