Please read these Terms carefully before you start to use the Services or make use of any Equivalent Service. You may only use the Services or any Equivalent Service if you agree to these Terms. Your downloading, activation and installation of the App and your use of the Services or any Equivalent Service indicates your acceptance of these Terms. If you are unhappy with any aspect of these Terms, then you should contact us before using our Service or placing an order with us. You can contact us by email at firstname.lastname@example.org.
The Services are designed for your convenience and if you have any comments or problems and any questions regarding any part of the Services and/or products and services featured in the Services, or if you have experienced technical problems while using the Website, please contact us.
2. The Services that we provide may only be used in accordance with these Terms. The services include, but are not necessarily limited to: (a) the ability to import personal contact information into the App; (b) the ability to order products or services through the App or Website. Any Equivalent Service is likely to provide a service broadly similar to this, but construed accordingly where the service is provided not via the Services. Notwithstanding this, and for the avoidance of doubt, these Terms shall apply to the use of any Equivalent Service.
3. Only persons aged 13 years or over may access the Website and use the services offered by us.
5. Subject to your compliance with the terms and condition of this Agreement, Minimum Viable hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable, revocable licence to download, install and use the Services (including for the avoidance of doubt the software therein) on the handset on which you install or use the Services for the sole purpose of your personal use of the Services from that handset, computer or any other electronic device.
6. You agree not to copy, loan, sell, resell, assign, rent, lease, publish, re-distribute, license, sublicense or otherwise transfer the Services. You further agree, except only to the extent permitted by law, not to undertake cause, permit or authorise the modification, creation of derivative works, translation, reverse-engineering, reverse-compiling, decompiling or disassembling of the Services (or any part of it or its underlying software) or make any attempt to access the source code of the Services (or any part of it or its underlying software).
8. During the registration process you will be asked to supply your email address. This will help us to verify your identity on future visits. Should you register using an invalid email address or an email address that belongs to someone else, we may terminate your account at any time without notice.
9. You will receive confirmation emails, updates and marketing emails after you create a Connector Account, at the email address you register with. You can opt out of updates and marketing emails at any time.
10. You will also need to provide a password in order to access your account. We do not permit you to share your password with any other person. You must keep your password secure at all times. You will be responsible for any damage or losses caused by unauthorised access resulting from your failure to keep your password secure. You agree to: (a) immediately notify us if you become aware of any unauthorised use of your password or account or any other breach of security by sending an appropriately worded email to email@example.com, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
11. There is no charge for opening a Connector Account. You will be notified of any charges at the time you request the products or services. When you place an order for products or services, for which there is a charge, you will need to supply us with your credit card or debit card and/or other personal details so that we may process the order for you. Any charges for the products or services requested will be billed to your debit card, credit card or PayPal account once the order has been accepted by us.
12. In the event that you supply invalid credit or debit card details or details of a credit or debit card that belongs to someone else, we reserve the right to terminate your account at any time without notice and provide your details to the relevant authorities.
13. If, for any reason, we believe that you have not complied with any of these Terms we may, at our sole discretion, cancel your ability to use the Services or have access to the Services immediately and without giving you any advance notice. Further, we reserve absolutely the right to withdraw or suspend the Services where we deem this to be necessary without notice and we will not be liable to you for such unavailability.
14. You may use the Services and access any part of the Services provided that it is not password protected. Access to some parts of the Services is only available if you have a valid password. You may not access these areas without a valid password.
15. You are not allowed to remove any copyright, trademark or other intellectual property notices contained in material in the Services or as part of any Equivalent Service or from any copies or printed items taken of material from the Services or any Equivalent Service.
16. You may upload digital images when using the Services or otherwise use digital images in connection with the Services.
17. We may without notice and at our sole discretion delete or remove any image that has been uploaded or emailed in breach of these Terms.
18. Although we prohibit the uploading of certain types of image to the Services, we cannot control, nor do we comprehensively monitor the use of the Services. It is possible that images or other material may appear in the Services or in connection with any Equivalent Service which are unlawful or offensive and contravene our restrictions on content set out above. We are not responsible for such images or material but if you become aware of any such images or material please contact us without delay.
19. You are not allowed to upload or email content which contain or use any images or other material including text based annotations and comments, which contain any of the following:
20. You are not allowed to:
21. We may at our discretion contact law enforcement authorities if we are made aware that anything unlawful is occurring or has occurred in relation to the use of the Services or any Equivalent Service including the uploading or emailing of images or material in breach of the above restrictions on content. We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.
22. We may refuse to provide any services to anyone who breaches these Terms.
23. You agree to indemnify us and our officers and employees and the Promoter against any action, claim, damages, liability, costs and expenses arising out of: (a) any use by you of the Services or any Equivalent Service in breach of these Terms; or (b) any claim that the uploading or emailing of any images by you or on your behalf is an infringement of any third party's copyright, trademark or other intellectual property rights.
24. We may assign or transfer any of our rights or sub contract any of our obligations under these Terms to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these Terms except with our specific permission in writing.
25. You retain all intellectual property rights, including copyright, in personal information or images that you have used whilst using the Services or in connection with your use of any Equivalent Service where you already own such rights. We are the owner (or the licensee) of all intellectual property rights in the Services or any Equivalent Service.
26. We may display, modify, print, transmit or distribute any of the images that you upload or email to us, in order to provide any of the services offered by us through the Services or any Equivalent Service subject to these Terms.
27. You warrant that you have the right to copy, upload or otherwise deal with those images in relation to the Services and/or your use of any Equivalent Service and to allow us to process and otherwise deal with those images in accordance with these Terms.
28. You may not upload, email, or otherwise deal with, in relation to the Services or any Equivalent Service, any images or other material where you do not have the right to do so or allow us to use such images or other material if such use would infringe any existing third party intellectual property or contractual rights. For example, you may not take photos from another website or other publication and do anything with them unless you have obtained the permission from the owner of the relevant right.
30. You accept that this agreement for our Services is personal to you and agree not to transfer it to anyone else, or to try to do so. However, we may take instructions from a person whom we think, with good reason, is acting with your permission. We can transfer this agreement for our Services to another company provided this does not adversely affect your rights under the agreement.
31. If you wish to allow someone to have access to your account after you die or are incapacitated, you need to put in place a process for providing your account information to them. We will not provide your account information or your content to anyone, even next of kin, unless we are legally required to do so. You may want to include your account information, with instructions on how to access your content, in your will or other estate plans, so that anyone you wish to have access to your account will have the means to do so.
32. If you submit any ideas, suggestions, proposals, or documents to Minimum Viable (together, “Contributions” for short), you agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Minimum Viable is not under any obligation of confidentiality regarding those Contributions; (c) Minimum Viable may have something similar to the Contributions already in development or under consideration; (d) Minimum Viable may use or disclose (or not) such Contributions for any purpose in any way; (e) your Contributions automatically become the property of Minimum Viable without any obligation of Minimum Viable to you; and (f) unless otherwise specifically agreed with us in writing, you are not entitled to any payment, compensation or reimbursement of any kind from Minimum Viable under any circumstances.
33. We may change the format and content of the Services (or any products or services offered by the Services) or the provision of any Equivalent Service at any time.
34. We may record details of your website usage or mobile application usage for the purposes of improving the Services.
35. We may terminate or suspend the operation of the Services (or terminate or suspend provision of any products or services offered through the Services) or any Equivalent Service for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice.
36. You are advised to keep backups of all material provided to us. In particular, it is up to you to keep backup copies of personal contact information and images uploaded by you or emailed to us. We will not be responsible for keeping backups or for the loss of, deletion or corruption of any images or any other material used in the Services or otherwise used in connection with any Equivalent Service.
37. Because public networks, such as the internet and mobile phone networks, occasionally experience disruptions, we cannot guarantee the Services or any Equivalent Service will be available at all times. Although we strive to provide the most reliable Services possible, interruptions and delays in using the Services or an Equivalent Service are unavoidable and we disclaim any liability for damages resulting from such problems.
38. Information in the Services may contain technical inaccuracies or typographical errors. We attempt to make its descriptions as accurate as possible, but we do not warrant that the content in the Services is accurate, complete, reliable, current, or error-free.
39. Once you have placed an order for any Services through the Services or via any Equivalent Service, the order will not be treated as having been accepted until you receive confirmation from us that this is the case. This confirmation may be provided by email or post.
40. The decision as to whether to accept any order from you is at our sole discretion.
41. We have a policy of continuous product development and reserve the right to amend the specifications of any of the Services without prior notice.
42. If you pay to use the Services, any price stated (if at all) will include Sales Tax / VAT at the rate applicable at the time of payment. You shall be responsible for any other taxes applicable in the territory where the Services are sold.
43. Payment must be made by credit card, debit card or PayPal at the time of placing an order which is accepted by us. Payment in full will be taken at this time and a contract will be in force.
44. You warrant that all details provided to us for the purpose of your order and its delivery will be correct and;
45. That the chosen method of payment is our property and that sufficient funds or credit facilities are available to cover the full cost of the Services ordered. We reserve the right to obtain validation of your credit card, debit card or PayPal details before accepting your order.
46. If you change your mind after making a payment on account you may request a refund by contacting customer services within 14 days of the transaction. Refunds can only be made to the credit card, debit card or PayPal account used to make the original purchase.
47. You may cancel your account by contacting us in writing by email or by post. You may be asked to provide proof that you are the holder of the account. Your account will be cancelled as soon as reasonably practicable following receipt of your email or letter.
48. We may cancel your account without notice at our sole discretion.
49. Once your account is cancelled, any material and images that you have uploaded will be removed from the Website and your password will no longer enable access to the password protected areas of the App or Website.
50. The Services are provided on an "as is" and "as available" basis. Minimum Viable does not, either expressly or impliedly, make any warranties, claims or representations with respect to the Services including, without limitation, warranties or conditions of quality, performance, non-infringement, merchantability or fitness for use for a particular purpose.
51. Minimum Viable does not represent or warrant that availability or use of the Services will be uninterrupted, timely, secure, error-free or virus-free. Access to the internet and your mobile network is provided by your internet service provider and mobile network provider respectively, and as such is outside the control of Minimum Viable - accordingly, Minimum Viable cannot accept any responsibility or liability for any failure of your mobile network, or any losses or damage suffered as a result.
52. Minimum Viable is not responsible for the content of any external website featured as a link in the Services, nor are we responsible for the content of any advertiser’s website or the conduct of any business or individual advertising in the Services or related to any Equivalent Service. Any such links are provided merely as a service to users of the Services or any Equivalent Service and their inclusion does not constitute an endorsement by or affiliation with Minimum Viable.
53. We will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms by reason of any event or circumstance outside our reasonable control, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Acts of God.
54. Where information (including sensitive financial or personal information) is provided to us (whether directly through the Services or otherwise) you accept that these methods of communication cannot be 100% secure. Where sensitive financial information is provided to us we use encryption software to attempt to prevent unauthorised access to this information being obtained. However, we cannot accept any responsibility or liability for any damages arising from the misuse or loss of data or information submitted by you to us directly through the Services or otherwise.
55. We will use reasonable endeavours to ensure that the Services and any Equivalent Service do not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all materials used in connection with the Services or any Equivalent Service and regularly check for the presence of viruses and other malicious code. We exclude to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Services.
56. The liability of Minimum Viable, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of our obligations in connection with the use of the information provided under these Terms, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes) for such Services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of Client's customers; inventory or use charges; or incidental or consequential damages of any nature.
57. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising these Terms. It is up to you to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will we be liable to you or any other any party associated with you for any direct, indirect, special or other consequential damages for any use of the Services or any Equivalent Service, or any other hyperlinked Website, including without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we have been expressly advised of the possibility of such damages.
58. Nothing in these Terms shall restrict or exclude any liability that we have to any party which cannot be excluded by law and in particular, and notwithstanding any term of these Terms, our liability for death or personal injury caused by our negligence shall not be limited or excluded in any way.
59. In the event that any term of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable.
60. These Terms (and the provision of Services by us) are governed by and to be interpreted in accordance with English law. In the event of any dispute arising in relation of these Terms or in relation to the provision of any products and services by us the English courts will have non-exclusive jurisdiction over such dispute although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or other relevant country.
61. No person who is not a party to these Terms shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these Terms is intended nor shall affect any of your statutory rights that may not be legally excluded.
62. Without prejudice to any other rights or remedies, Minimum Viable may limit, suspend or terminate this Agreement and your use of the Services with immediate effect if you have breached the terms of this Agreement or if Minimum Viable reasonably suspects that you have breached the terms of this Agreement. Upon termination of this Agreement for whatever reason: (a) all licences and rights to use the Services shall immediately terminate; (b) you will immediately cease any and all use of the Services and (c) you will destroy and/or delete all copies of the Services in your possession or within your control. Minimum Viable reserves the right to modify, suspend or discontinue provision or operation of the Services at any time, and will endeavour to warn you in advance of any such modification, suspension or discontinuation.