We'll try to keep everything in this document as straightforward as possible, but if there’s anything you are unsure of, please get in touch with us by:
• Emailing us at firstname.lastname@example.org
• Writing to the Chief Executive Officer, miiCard Limited, 5 Gayfield Square, Edinburgh, EH1 3NW, or
• Phoning us on +44 (0)845 119 3333.
An overview of the service
miiCard is free for a limited time. After that miiCard will be charged at USD $2.49 per month or USD $19.99 per year to activate your Public Profile to share on the social web and email. If you sign up to the service today you will get this free for life.
We use one or more online service providers to access the requisite Level Of Assurance information.
We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of access to data. We do not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personal settings.
Online and mobile alerts
We may add new alerts from time to time, or cease to provide certain alerts at any time at our discretion.
Electronic alerts will be sent to the email address you have provided as your primary email address. You can also choose to have alerts sent to a mobile device that accepts text messages. Because alerts are not encrypted, we will never include your password.
Your User Information
Please let us know if any of your user details change, particularly your email address and mobile phone number. If you do not do this, we will not be able to deliver any alerts to you. We will send all further alerts to the new address provided.
By providing us with your email address, you agree to receive all required notices electronically, to that email address.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your user name, allows you to access the Service.
If you become aware of any unauthorised use of your user information, you agree to notify us immediately at email@example.com.
Your use of the service
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the service for lawful purposes.
You agree to provide us with information which is accurate, and not to misrepresent your identity or your user information.
What we ask you not to do
You agree that you will not:
1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service or any portion of it without our express written consent, which may be withheld at our sole discretion;
2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service; or
4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service.
Posting on the service
As part of the Service, we allow users to post content on blogs and at various other publicly available locations on the Service. If you wish to post content you agree to follow these rules:
- You are responsible for all content you submit to us.
- By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with us and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user a non-exclusive license to access your posted content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Service and under this Agreement.
- You may not post or transmit any message which is libellous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law; or that is otherwise inappropriate.
- You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not interfere with other users’ use of the Service, including, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that adversely affects the availability of the Service to others.
- Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
- You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the Service that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
- You may not copy or use personal identifying or business contact information about other users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
- You accept that we may edit your comments for clarity, or remove any comment.
Your indemnification of us
You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to solicitors fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
Availability of service and alert disclaimer
Your access to and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that we, in our sole discretion, may elect to take.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. We will use reasonable endeavours to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Our intellectual property rights
The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software and other material are protected under copyright, trademark and other laws. The content of the Service belongs to or is licensed to us, or our software or content suppliers. We grant you the right to view and use the Service subject to these terms. You may download or print a copy of information provided on the Service for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent.
Disclaimer of representations and warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OF THE SERVICE, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Limitations on our liability
WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, DELICT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO £500.00 (FIVE HUNDRED POUNDS).
Ending the agreement
We may at any time, terminate our agreement with you:
a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
b. if we in our sole discretion believe we are required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
c. immediately upon notice, to the e-mail address provided by you as part of your user information.
Modifications to the agreement
We may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on our site. The Agreement will always state the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
Governing law and forum for disputes
This Agreement, and your relationship with us under this Agreement, shall be governed by the laws of Scotland without regard to its conflict or choice of laws provisions. Any dispute with us, or our officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the Scottish courts, except with respect to imminent harm requiring a temporary or preliminary interdict or injunction in which case we may seek this in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, we are able to offer the Service on the terms stated in this Agreement, without charge to you, and that your consent to this provision is an indispensable consideration under this Agreement.
Other important matters
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be deleted from this Agreement.
If we do not exercise or enforce any legal right or remedy which is contained in the Agreement (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and us regarding the subject matter of the same, and supersedes all other previous agreements.