My Town My City User Terms and Conditions
These Terms will apply to your use of the Website (whether as a guest or Member), the App and your participation in the Scheme if you become a Member. Please read these Terms carefully and make sure that you understand them before you use the Website or App or apply to join the Scheme.
By using the Website you confirm that you accept these Terms and that you agree to comply with them. If you do not accept these Terms, you should not use the Website or App and will not be able to join the Scheme.
You should print a copy of these Terms or save them to your computer for future reference.
We reserve the right to amend these Terms from time to time. Please check these Terms from time to time to take notice of any changes we have made as they are binding on you. These Terms were most recently updated on 16th December 2013.
These Terms, and any contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We are My Town My City Limited a company registered in England and Wales under company number 07398744 and whose registered office at 424 Margate Road, Ramsgate, Kent, CT12 6SJ.
1.2 To contact us please see our Contact Us page firstname.lastname@example.org
2.1 The following definitions and rules of interpretation in this clause apply in this agreement:
App: the My Town My City app available for Members to download from such app providers as we may determine from time to time.
DPA: the Data Protection Act 1998 as amended.
Intellectual Property Rights: copyright and related rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection.
Listing: the details of a Supplier made available on the Website and App.
Log-in: the user name and password selected by you when you apply to join the Scheme.
Member: a registered member who has been accepted to join the Scheme.
Membership Card: the membership card which may be issued to Members if requested and paid for in accordance with these Terms.
Offer: the offer, discount, promotional deal or other service made available to Members by a Supplier.
Scheme: the My Town My City promotional scheme operating in your local area to offer a residents card style scheme through the Membership Card and App.
Supplier: the business signed up to provide Offers to Members via the Website and App.
Terms: the legal terms and conditions contained in this document, as updated from time to time.
3. JOINING THE SCHEME
3.1 To take advantage of an Offer you must be a Member of the Scheme.
3.2 By submitting an application to join the Scheme you confirm that you:
(a) are over 18 years old; or
(b) if under 18, have the consent of your parent or guardian to join the Scheme.
3.3 To apply to join the Scheme you must complete and submit the online registration form on the Website and choose your Log-in.
3.4 Applying to join the Scheme is an offer by you to enter into a contract with us which we are free to accept or decline at our discretion.
3.5 If your application to join the Scheme is successful you will be provided with access to a link to the App and the opportunity to order a Membership Card.
3.6 If you wish to order a Membership Card you must select this option on the Website and pay the applicable fee by credit or debit card payment, PayPal or such other payment method as we may offer from time to time.
4. SCHEME RULES
4.1 A Member must keep their Log-in confidential and not disclose it to any other party. If a Member knows or suspects that anyone other than them knows their password they must promptly change it.
4.2 Membership Cards are non transferrable and remain our property at all times.
4.3 If your Membership Card is lost or stolen please notify us as soon as possible so that we may cancel that Membership Card. We may charge a further fee for providing replacement Membership Cards.
4.4 To redeem an Offer a Member must present their App or Membership Card to the applicable Supplier and comply with any applicable terms and conditions in that Offer.
4.5 All transactions entered into as a result of redeeming an Offer are made directly with the Supplier and we have no responsibility for:
(a) the delivery, standard and quality or otherwise of any goods and services received or supplied; or
(b) the failure of a Supplier to honour an offer or make specific Offers available.
5. WEBSITE AND APP
5.1 We may update the Website and App from time to time and may change the content at any time without notice. At any given time the content may be out of date and we are not under any obligation to update it.
5.2 Access to the Website and App may be withdrawn, discontinued or changed in whole or in part at any time without notice. We shall not be liable to you for any reason if the Website or App is unavailable at any time or for any period.
5.3 All content on the Website and App is provided on an “as is” basis without any conditions, warranties or other terms of any kind implied.
5.4 You are responsible for:
(a) making all arrangements necessary for you to have access to the Website and App;
(b) ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them; and
(c) complying with any terms imposed by the app provider.
6. ACCEPTABLE USE RESTRICTIONS
You must not use the Website or App:
(a) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Website, App or any operating system;
(b) in any way that infringes our Intellectual Property Rights or those of any Supplier or other third party;
(c) to transmit any material that is defamatory, offensive or otherwise objectionable;
(d) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
(e) to collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any service.
7. CANCELLATION OF MEMBERSHIP
7.1 We reserve the right to immediately cancel the membership of any Member who is in breach of these Terms or otherwise acts in such a way that we consider in our sole discretion is damaging to the Scheme or may bring it into disrepute.
7.2 Members must return any Membership Card and/or delete their App on cancellation of their membership
7.3 The scope and content of the Scheme may change at any time and we are under no obligation to continue providing the Scheme whether in its current or subsequently amended form.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Other than in relation to links to third party websites, we are the owner or the licensee of all Intellectual Property Rights arising out of or in connection with the Scheme, including in the Website and the App.
8.2 Whilst you are a Member you are granted a non-transferable, non-exclusive, royalty-free, revocable licence to view the content of the Website and the App (if applicable) for your personal use only to the extent that the Website and App are available.
8.3 You may print off one copy and may download extracts of any pages from the Website or App for your personal use but you must not modify the paper or digital copies in any way and you must not use any illustrations, photographs or other images separately from any accompanying text.
8.4 You must not use any part of the content of the Website or App for commercial purposes without obtaining a licence to do so from us or our licensors.
9. DATA PROTECTION AND MARKETING
9.2 On joining the Scheme you may have the option to sign up to marketing emails so we may provide you with information about the Scheme and Offers we think may interest you.
9.3 You may unsubscribe from marketing emails at any time by contacting us by email.
9.4 We will not sell your personal information to third parties for marketing purposes.
10. LIMITATION OF LIABILITY
Your attention is particularly drawn to this clause.
10.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
10.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Scheme, the Website or the App whether express or implied.
10.3 We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of or inability to use the Website or App;
(b) use of or reliance on any content displayed on the Website or App;
(c) the use of or inability to use an Offer; or-
(d) the content, extent or conditionality of any Offer or information posted by the Supplier on the Website.
10.4 The Website and App may contain links to the websites of Suppliers or other third parties the content of which we have no control over. We will not be liable in any way for the content of such websites.
11. COMMUNICATIONS BETWEEN US
11.1 When we refer, in these Terms, to "in writing", this will include e-mail.
11.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your application to register for the Scheme.
11.3 Any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
12. OTHER IMPORTANT TERMS
12.1 We may transfer our rights and obligations under the Scheme to another organisation, but this will not affect your rights or our obligations under these Terms.
12.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.4 These Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the non-exclusive jurisdiction of the courts of England.
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