Terms and Conditions governing the use of the “My Day Out” application

In using this Application (which may take the form of a native application or a web application, and which are collectively referred to herein as an “application”) you are deemed to have read and agreed to the following terms and conditions:

1. Definitions

The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice and any or all Agreements: 

i. "Client", “You” and “Your” refers to you, the person accessing and/or utilising this application and in doing so accepting the Company’s terms and conditions.

ii. "The Company", “Ourselves”, “We” and "Us", refers to our Company.

iii. “Party”, “Parties”, refers to both the Client and ourselves, or either the Client or ourselves.

iv. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, by any means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services and/or products namely the provision of an application, the said application providing a platform for the display of advertising material relevant to tourists.

v. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

2. Privacy Statement

We are committed to protecting your privacy. Authorised employees within the company use, on a need to know basis only, any information collected from individual customers, and this includes location data. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible in the event of a breach of data security. We ask you to notify us immediately, if you become aware of such a breach, in order that we might be able to take remedial or ameliorative action against the breach and/or its causes.

3. Confidentiality

Client records are regarded as confidential and therefore will not be divulged to any third party, other than if we are legally required to do so. A client has the right to request sight of, and copies of any and all Client Records we keep on him, on the proviso that we are given reasonable notice of such a request and that, if we deem it necessary, a reasonable administration charge is levied for this request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties; alternatively, we may post information on this site from time to time.

Generally, any emails sent by this Company will only be in connection with the provision of services and products within the field of tourism. Any sharing of information with third parties, including sale of your personal information, will only be done with the intention of providing better or related services of the same and similar type to those provided by the application.

4. Disclaimer:

Exclusions and Limitations

You are requested to carefully read this section, because it limits the liability of the company and related entities, including, but not limited to, affiliate and parent companies, directors, employees, officers, representatives, agents, licensors and partners. In a given jurisdiction, the exclusions and limitations outlined under this term 4 apply only to the maximum extent permitted under applicable law in a given jurisdiction; nothing in this section affects your statutory rights.

The information on this application is provided on an "as is" basis and is utilised at the user’s own risk. To the fullest extent permitted by the laws of a given jurisdiction, we:

exclude all liability for representations and warranties relating to this application and its contents, including its reliability, security, accuracy and availability and including, inter alia, liability for any content which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this application and/or the Company’s literature;

exclude all liability for damages arising out of or in connection with your use of this application. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of business or otherwise, or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. For example, it is possible to glean information from the content displayed on this application and from following the links situated on this application related to the opening times, location and content of attractions; we are not responsible at all for the completeness, truthfulness, accuracy, or reliability of any Content or any other aspect of this information or other such information, whether it originates from us, or as is more likely, from any other third party, and users who follow such links assume sole responsibility for their actions pursuant to the following of such links;

exclude any liability for the non-availability of the application; and

exclude, to the maximum extent permissible under a given jurisdiction’s laws, all conditions and warranties, express or implied, including warranties of non-infringement, fitness for a given purpose including inter alia, fitness for sale or other disposal.

This Company does not however exclude liability for death or personal injury caused by its negligence. None of your statutory rights as a consumer are affected by the exclusions and limitations outlined above.

To the maximum permissible extent, liability for any consequential, indirect, special, incidental or punitive damages of any equitable measure, including loss of profits or revenues, whether such losses arose indirectly or directly, or damages from any intangible loss, or from loss of use, data or goodwill, resulting from your use of the application and related services, or otherwise your access to them, or to the non-availability of them, including inter alia any contact whatsoever with third parties and their content.

In any event, the liability of the company and its related entities shall not exceed the amount paid to the company for the services associated with the claim.

5. Payment

Where a pay service is offered by the application, for example to uploaders for the provision of premium services, Cash or Personal Cheque with Bankers Card, all major Credit/Debit Cards, Bankers Draft or BACS Transfer are all acceptable methods of payment, which we may choose to offer you as options for payment. The Company requires immediate payment in some stipulated instances, and payment in full within thirty days in other instances, for the services it offers. Money that remains outstanding by the due date will incur late payment interest at the rate of 8% above the Bank of England base rate on the outstanding balance until such time as the balance is paid, in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection agencies and/or through the Small Claims Court or by any other method. In such circumstances, you shall be liable for any and all additional administrative and/or court costs, or other costs pertaining to the recovery of the debt.

Returned cheques will incur a £25 charge to cover banking fees and administrative costs. In an instance of a second returned cheque, we reserve the right to terminate any arrangement we have with you and, if we agree to continue a relationship with you, we reserve the right to insist on different future terms. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

6. Termination of Agreements and Refunds Policy

We have the right to terminate any Service Agreement we might make with you for any reason and this may lead to the ending of services that are already underway. No refunds shall be offered, where a Service is deemed by us to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused or otherwise unprovided Services, shall be refunded.

7. Availability

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without our express written consent. We do not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best of our ability. By using this service you thereby indemnify this Company, and related entities against any loss or damage, in whatever manner, howsoever caused.

8. Log Files

We use IP addresses to analyse trends, administer the site, track the movements of users, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

9. Use of Application data.

In some settings, our application will ask permission to use your location data. You will tell us your location when you set your location on the site or enable your computer or mobile device to send us location information. You can set your location preferences in your account settings. We may use and store information about your location to provide features of our services, such as sending you advertisements for local attractions, and to improve and customise the services, for example, with more relevant content like local advertisements for other services, news including traffic updates, weather forecasts and any other content which we might deem to be an appropriate complement to the services we offer.

10. Links from this Application

We do not monitor or review the content of other party’s websites which are linked to from the application. Opinions expressed or material appearing on such websites are not shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they are entering these third party sites and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to the application or accessed through the application yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

11. Copyright Notice

Copyright and other relevant intellectual property rights subsist on all text relating to the Company’s services and the full content of this website.

This Company’s logo is a trademark of this Company in the United Kingdom and other countries. The brand names and specific services of this Company featured on this web site are also trademarks of the company.

12. Submitting content to the application

We respect the IPRs of third parties and expect users of our services to behave accordingly. We will respond to properly constituted notices of alleged copyright infringement and will act upon them. If you are of the view that anything on our site is an infringement of your copyright, please contact us, particularising the infringement, and we will begin a dialogue with you in order to resolve the issue.

By submitting content to the application, you grant us a non-exclusive, royalty-free, worldwide license, including the right to sublicense the content, to display, copy, reproduce, modify, publish, transmit, adapt, display, distribute and otherwise use such content through any medium through which we may decide to channel it. Further, you warrant that you have all the necessary permissions and authorities in order to have the content displayed on the application, and indemnify us fully against any consequences arising from the absence or the inadequacy of that permission

Further, any person who uploads any material onto the application, or otherwise submits material for display on the application is solely responsible for the form and content of that material and, inter alia, warrants that the advertising material and other material so uploaded or submitted for use in conjunction with the application, is done so with full knowledge of and permission by the owner, which includes permission to waive all IP rights in relation to the material so submitted or uploaded, and further warrants that in the event of a legal dispute as to infringement of copyright, trade mark rights and other Intellectual Property rights relating to the use of the material on the application that that person agrees to indemnify the Company against reasonable costs and to damages awarded, arising from that dispute., including costs and damages arising from damage to the reputation of any of the parties as a result of the dispute.

12. Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature.

13. Force Majeure

The company shall not be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such an event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

14. Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

15. General

The laws of England and Wales govern these terms and conditions. By accessing this application and/or by using our services, you consent to these terms and conditions and to the exclusive jurisdiction of the English courts, or any other forum we deem appropriate, in all disputes arising out of such access.

If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.

Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the application will signify your acceptance of any adjustment to these terms without prior notice. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between the Client and ourselves. Your use of the services offered by the Company indicates your understanding, agreement to and acceptance, of these Terms and Conditions and any other such terms which may from time to time be brought to your attention by the application. Your statutory Consumer Rights are unaffected.

© MyDayOut 2015 All Rights Reserved