1. Definitions and Interpretation
1.1. In these conditions:-
“Contract” means any contract for the sale of goods and/or the supply of services between you and us into which these terms and conditions are incorporated;
“Our Site” means our presence on the Internet;
“we” means Remindeo and, where applicable, its officers, employees and authorised agents; “us” and “our” shall be construed accordingly; and
“you” means the customer or any business (“your business”) with which you are associated and on behalf of which you use our site and “your” shall be construed accordingly.
1.2. The headings in these conditions are for convenience only and shall not affect their interpretation
1.3. All rights expressly reserved by or governed to us by these Conditions shall be without prejudice to any other rights which we may have from time to time
2. Our Contract
By visiting our site, using this site to make a purchase, using free of charge services, or using paid services offered, you agree to be bound by the following terms and conditions.
3. Our promises
3.1 permit you to access, use and interact with our site subject to these terms and conditions
3.2 exercise reasonable care in compiling our site
3.3 use reasonable efforts to make our site available to you at all times
4. Your promises
4.2 have read and understand our refunds policy prior to making a purchase
4.3 agree we are not liable in anyway for non-delivery of reminders
4.4 agree that you will never send spam to others and that, if you send spam to others by sending emails or text messages to people you do or do not have permission to contact, you agree that you are legally liable for all damages caused by this and that Remindeo is in no way liable for your actions or any damages you may cause.
Before any orders can be accepted, we must receive the appropriate payment or subscription instalment in full for the services that you order. Once full payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide. Our acceptance of your order brings into existence a legally binding Contract between us.
6. Price and charges
6.1 The prices payable for services and subscriptions that you order are as set out in our site.
6.2 It might not be possible for us to deliver services to some locations in which event we will notify you in some way.
6.3 If you fail at any time to pay any charges due in accordance with these terms and conditions we may, in our discretion and without prejudice to our other rights, deny you access to those areas of our site which are exclusively available to paying users. We need not provide you with advance notice in such circumstances.
6.4 We never make charges directly to mobile phone bills. Most mobile phone networks will not charge you a fee to receive text messages, but we are not liable to pay for any costs that mobile phone networks charge you or others when receiving text message reminders via Remindeo.
7. Delivery of services to you
7.1 We will deliver the services ordered by you to the email addresses and, if applicable, to the mobile telephone numbers that you provide.
8. Exclusions and limitations
8.1 We do not represent or warrant that access to our site, or any part of it will be uninterrupted, reliable or fault free.
8.2 We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
8.3 We do not represent or warrant that:
8.3.1 any services (whether or not provided by us) will be provided with due care and skill; or 8.3.2 any services (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
8.4 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
8.4.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site;
8.4.2 the unavailability of our site (or any part of it), goods or services;
8.4.3 any delay in providing, or failure to provide or make available, goods or services or any negligent provision of goods or services;
8.4.4 any goods or services not being of merchantable quality or fit for their intended purpose; or
8.4.5 any misrepresentations on or relating to our site, the goods or the services (other than a fraudulent misrepresentation made by us or on our behalf).
8.5 Unused credits will expire one year (365 days) from the moment of purchase.
8.6 Our maximum liability to you or your business in respect of your use of our site or any services we provide or make available to you through or in relation to our site will be the amount of any fees paid by you or on behalf of your business during the year in which the liability arose. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
8.7 You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase information, goods or services through our site you may enter into a separate contract with the supplier in each case.
8.8 None of the exclusions or limitations in this clause 8 shall exclude or restrict our liability for death or personal injury caused by our negligence.
8.9 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such cases our obligation, where permitted by law, will be limited to the re-supply of our site, goods or services to you.
8.10 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
9. Links to other sites
Certain links, including hypertext links, in our site, email newsletters and email reminders, will take you outside of our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website or services or products outside our site.
10.1 If the services we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, please refer to our refunds policy.
10.2 If you do not receive services ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you contact us about the problem within 40 days of the date on which you ordered the services.
10.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the services in question as per our refunds policy.
10.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase services from our site. The importation or exportation of certain of our services to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the services you purchase.
10.5 Notwithstanding the foregoing, nothing in these terms and conditions is extended to limit any rights you might have as a consumer under applicable UK law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
11. Right for your to cancel your contract
You acknowledge and agree to be bound by the terms of our refunds policy and acknowledge that you can close your account on Remindeo.com at anytime.
12. Cancellation by us
12.1 We reserve the right to cancel the contract between us if:
12.1.1 we have insufficient stock to deliver the services you have ordered;
12.1.2 we do not deliver to your area; or
12.1.3 one or more of the services you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
12.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered. This cancellation is also subject to our refunds policy.
13. Termination of auto renew subscriptions, Pro account upgrades and text message credits
13.1 We may terminate your auto renew subscriptions, Pro account upgrades or text message credits immediately if you are in material breach of any of these terms and conditions and in particular upon any failure by you to pay any auto renew subscription charge in accordance with these terms and conditions. You may terminate your auto renew subscriptions at any time by logging into the site and visiting the Your Account section and visiting the Leave section. You acknowledge and agree to be bound by the terms of our refunds policy and also the terms outlined within the Your Account section in relation to your subscription or other payments.
13.2 Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.
15. Credit card security
15.1 Our service provider, Stripe, uses a secure server to prevent any person from gaining access to your credit card information whilst it is being transmitted across the internet.
15.2 If you discover that goods or services have been ordered from a supplier over our site using your credit card details in circumstances where you had not agreed to or authorised this, then (provided you have not, through failure to take reasonable care, allowed an unauthorised person to gain access to your credit card details, purchaser ID or password) our suppliers are required to refund to you the money they received provided that:
15.3 you inform your credit card company and us of the unauthorised purchase as soon as you discover it; and
15.4 you co-operate with your credit card company, the supplier, us and, if necessary, the police in relation to the unauthorised use.
We have made every effort to make clear whether the quoted prices for goods and services available through our site include any relevant tax or duty or do not. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the supplier or by operation of law that is in addition to the price.
17. The use of your information
18.1 All rights in the design, text, graphics, audio and video files and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods or services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.
18.2 REMINDEO is a registered trademark in the United Kingdom. We do not permit the use of the REMINDEO logo by any third parties for any reason, including promotional materials, flyers and other websites without written consent from the directors of Remindeo.
19. Trade marks
We are the proprietor of the REMINDEO trade mark in the UK and other countries. All other trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trademarks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights.
20. Access and Use of Service
We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use. In particular you may only use our services and the like for lawful purposes and may not transmit defamatory, offensive or obscene material or in breach of copyright or other intellectual property rights .We reserve the right to monitor material placed on our site by you and remove or edit or disclaim liability for such material in our sole discretion.
22. Events beyond our control
We shall have no liability to you for any failure to deliver services you have ordered or any delay in doing so or for any damage or defect to services delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, accident, a problem at our web hosting provider, if you provide incorrect email addresses, email inboxes being full, an email service provider experiencing technical issues, reminders being deleted or moved by spam control software, a fault with your mobile service provider, you not having a mobile phone signal, your mobile phone being switched off, you not checking our network coverage and your network is not covered, you being abroad and not having the mobile connection required or being in a country or timezone that is not supported, or if you provide us with the wrong mobile phone number.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
25. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
26. Governing law
The contract between us shall be governed by and interpreted in accordance with the United States law and Delaware courts shall have jurisdiction to resolve any disputes between us.
27. Entire agreement