Paradym Website Terms of Use (UK)

 

Version 1.0

 

Last Updated: 6 February 2017

 

 

These terms of service (“Terms”) govern your use of (i) the website, www.theparadym.com (the “Site”); (ii) the Paradym mobile application (the “Application”); and (iii) the services we provide from time to time through the Site and the Application, together, the “Services”.

The Site and Application are copyrighted works belonging to Paradym Ltd. (“Paradym”, “us”, “our”, and “we”).  Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. 

What do these Terms cover? These Terms are the terms and conditions that govern your access to, and use of, the Services.

Why should you read these Terms? These terms create a legally binding agreement between you and us.  By accessing or using the Services, you are accepting these Terms. [EJ1] [CC2] 

You confirm that you can enter the agreement. You confirm and promise to us that you have the right, authority, and capacity to enter into these Terms. 

Which provisions of the Terms should you pay particular attention to? The key terms that you should consider in particular detail are: 2. Changes to the Services and these Terms; 8. Our Responsibility for Loss or Damage; and 9. Term and Termination.

What to do if you don’t want to accept these Terms? If you do not agree with all of the provisions of these Terms, do not access and/or use the Services.

Apple’s Appstore Terms Also Apply. Your use of the Application is also controlled by the Apple Media Services Terms and Conditions for your applicable jurisdiction, available here: http://www.apple.com/legal/internet-services/itunes/

Operating System Requirements. The Application requires an iOs or Android device with a minimum of 8GB of memory and any operating system.

 

1.              Information about Paradym and contact details

1.1           Who we are. Paradym Ltd. is a company registered in England and our company registration number is 10392678.

1.2           Where we are based. Our registered office is at 222 Canalot studios, Unit 411, London W10 5BN

1.3           How to contact us. You can contact us by writing to us at pTEAM@theparadym.com

1.4           How we may contact you. If we have to contact you we may do so by telephone or by email to the address you provided when you registered for an Account.

1.5           Email counts as “in writing”. When we use the words "writing" or "written" in these Terms, this includes emails. For contractual purposes, you: (a) consent to receiving communications from Paradym by email; and (b) agree that all communications that we provide to you by email satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.

2.              Changes to the Services and these Terms

2.1           Small changes. We may make changes to the Services and/or these Terms to reflect changes in relevant laws and regulatory requirements; and to implement minor technical adjustments and improvements, for example to address a security threat.

2.2           More significant changes. In addition, we may make the certain more significant changes to the Services and/or these Terms, but if we do so and these changes will materially or adverse your rights or use of the Services, we will notify you of such changes. The “Last Updated” legend above indicates when these Terms were last changed.[EJ3] 

3.              How do we deal with your Personal Information?

Your submission of information, including personal data, through or in connection with the Services and our use of cookies is governed by the terms of our privacy policy as updated from time to time, available at https://www.theparadym.com/privacy-policy (“Privacy Policy”).

4.              Accounts

4.1           Account Creation.  In order to use certain features of the Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. 

4.2           Accurate and up-to-date Information. All the registration information you submit must be truthful and accurate. If for any reason any information you submit becomes untruthful, inaccurate and/or incomplete, you agree that you will update that information to maintain its accuracy.

4.3           What to do if you want to delete your account.  You can delete your Account at any time, for any reason, by following the instructions on the Services. At this point, we should remind you that we also have certain rights to suspend or terminate your Account, these are outlined in Section 8.1.

4.4           You are responsible for your Account.  You are responsible for maintaining the confidentiality of your Account log-in information (including, for example, your password). Accordingly, you are responsible for all activities that occur under your Account. 

4.5           What to do if you become aware of, or suspect, unauthorised use of your Account. You should notify us immediately if you suspect or become aware of any unauthorised use of your Account or any other breach of security. 

 

5.              Access to the Services

5.1           Licence.  Subject to these Terms (in particular, the restrictions described in Section 5.2), Paradym grants you a licence to use and access the Services on the basis that this licence is:

(a)                not a commercial licence – you can only access and use the Services for your own personal, non-commercial uses (i.e., not for your business);

(b)            non-transferable – you can’t pass this right to someone else;

(c)            non-exclusive – other people can access and use the Services;

(d)            revocable – we have the right to remove your ability to use the Services in accordance with these Terms; and

(e)            limited – the licence does not extend beyond what has just been described above.

5.2           Restrictions.

Your right to use the Services is subject to the restrictions listed below. Except as expressly set out in these Terms or as permitted by any local law, you undertake:

(a)        not to use the Service for any commercial purpose or for any purpose that is fraudulent or otherwise unlawful;

(b)        not to interfere with the operation or fair play of the Service and to comply with our Acceptable Use Policy (see the Acceptable Use Policy section below);

(c)        not to copy the whole or any part of the Service, except where such copying is incidental to the normal use of the Service for its intended purposes, or where it is necessary for the purpose of back-up or operational security;

(d)        not to reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the Service, including without limitation for public or commercial purposes, including any text, images, audio and video;

(e)        not to rent, lease, sub-license, loan, distribute, time-share, translate, merge, adapt, vary or modify the whole or any part of the Service;

(f)         not to make alterations to, or modifications of, the whole or any part of the Service, or permit the Service or any part of it to be combined with, or become incorporated in, any other product or service;

(g)        not to disassemble, decompile, reverse-engineer, derive any code or algorithms or create derivative works based on the whole or any part of the Service or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Service with another software program, and provided that the information obtained by you during such activities: (i) is used only for the purpose of achieving inter-operability of the Service with another software program; (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (iii) is not used to create any software that is substantially similar to the Service;

(h)        not to sell, resell, link to, exploit, provide or otherwise make available the whole or any part of the Service (including object and source code), in any form to any person without prior written consent from us;

(i)         not to remove any copyright, trademark or other proprietary rights notices from the Service, and to include our copyright notice on any copies you make of the Service on any medium; and

(j)         that you are responsible for obtaining and have obtained any and all necessary authorisations, consents and permissions, including from any third party, to the extent that you submit, post, transmit or otherwise process personal data using the Service.

5.3           Modification.  Paradym reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part). We may do this with or without notice to you.  You agree that Paradym will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

5.4           No Support or Maintenance.  You acknowledge and agree that Paradym will have no obligation to provide you with any support or maintenance in connection with the Services.

5.5           Ownership.  Excluding any User Content (this term is defined below) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Services and related content are owned by Paradym, Paradym’s suppliers or, in the case of other users’ User Content, other users of the Services.  Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, ownership or similar interests in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 5.1. Paradym and its suppliers reserve all rights not granted in these Terms.  There are no implied licences granted under these Terms.

6.              User Content

6.1           User Content.  “User Content” means any and all information and content that a user submits to, or uses with, the Services (e.g., content in the user’s profile, diary or any other postings).  You are solely responsible for your User Content.  You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. 

6.2           How User Content cannot be used. You confirm and promise to us: that your User Content does not and will not violate our Acceptable Use Policy (defined in Section 6.6).  You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Paradym.  Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. 

6.3           Backing up User Content. Paradym is not obligated to backup any User Content, and your User Content may be deleted from the Services at any time without prior notice – accordingly we recommend you store and backup copies elsewhere. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

6.4           Licence for Paradym to use your User Content.  So that we can operate the Services, host and display your User Content, you grant (and confirm and promise to us that you have the right to grant) Paradym a licence to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content on the basis that such licence is:

(a)             irrevocable – once agreed, you cannot remove or restrict our right to use your User Content as described above;

(b)            non-exclusive – you and, if you let them, other people can use your User Content;

(c)            royalty-free and fully-paid – we don’t have to pay you (either now or in the future) to use your User Content in the fashion described above;

(d)            worldwide – we can use your User Content in fashion described above anywhere in the world; and

(e)            sublicenseable – you allow us to authorise, solely for the purposes of including your User Content in the Services, other business and individuals to use the licence describe above.

6.5           Moral rights waiver. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

6.6           Monitoring. You agree that we have no obligation to monitor User Content that you or any other person provides or makes available on or through the Service. However, you agree that we may in our absolute discretion, monitor, alter, remove or refuse to post any such User Content for any reason. The opinions expressed in User Content reflect solely the opinions of the user and do not necessary reflect our opinions. We are not responsible for the accuracy, truthfulness or completeness of any User Content and we will not be liable to you for any loss or damage caused by your reliance on such User Content. You are responsible for your relationship with other users of our Services. However, we reserve the right, but are not obliged, to monitor disputes between you and other users.

6.7           Acceptable Use Policy.  The following terms constitute our “Acceptable Use Policy”:

(a)             Protection of our reputation and third party rights. You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(b)            Protection of our systems. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii)  use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Services; or (vi) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

6.8           How might we enforce these Terms if you violate them?  We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person – the action we take will be determined by us acting in our sole discretion. Examples of action that we might take could include: removing or modifying your User Content, terminating your Account in accordance with Section 8.1, and/or reporting you to law enforcement authorities.

6.9           Feedback.  If you provide Paradym with any feedback or suggestions regarding the Services (“Feedback”), you hereby transfer to Paradym all rights in such Feedback. You also agree that Paradym shall have the right to use and fully exploit such Feedback and related information in any manner it considers appropriate. 

6.10        Do not send us confidential information in User Content or Feedback. Please note that the User Content and Feedback you provide to Paradym will not be treated as confidential information – accordingly, you agree not to submit to Paradym any information or ideas that you consider to be confidential or proprietary.

7.              Third-Party Links & Ads; Other Users

7.1           Third-Party Links & Ads.  The Services may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Where the Services contain links to Third-Party Links & Ads, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. Paradym does not review, approve, endorse or make any promises with respect to Third-Party Links & Ads. 

7.2           You use Third-Party Links & Ads at your own risk. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, not these Terms. 

7.3           Other Users.  Each Services user is solely responsible for any and all of its own User Content. 

8.              Our responsibility for loss or damage

8.1           The Services are not bespoke to you.  You acknowledge that the Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Services meet your requirements.

8.2           We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Terms are entered into and both we and you knew it might happen.

8.3           We are not liable for business losses. As noted above, we only make the Services available for your domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.4           No liability for User Content. We do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.  We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. 

8.5           No liability for user interactions. Your interactions with other Services users are solely between you and such users.  We simply host the Services and do not control your interactions with other Users, you agree that Paradym will not be responsible for any loss or damage incurred as the result of any such interactions. 

8.6           No liability for damage caused by unauthorised access. We will not be responsible for any loss or damage incurred as a result of unauthorised access to your Account which is not within our reasonable control, including where you fail to comply with Section 4.5.

8.7           What we do not exclude. Nothing in these Terms shall limit or exclude our liability for:

(a)             death or personal injury resulting from our negligence;

(b)            fraud or fraudulent misrepresentation;

(c)            any other liability that cannot be excluded or limited by English law.

 

9.              Term and Termination.  

9.1           Duration of Terms. Subject to this Section 9, these Terms will remain in full force and effect while you use the Site. 

9.2           When we might suspend or terminate your Account or Services access. We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. 

9.3           What happens when these Terms terminate? Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately.  You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases – for this reason, we recommend you pay particular attention to Section 6.3 (Backing up User Content). 

9.4           What terms will continue after these Terms have been terminated? Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 5.2 to 5.5, and Sections 6 to 10.

10.           Other important terms

10.1        Headings and Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. 

10.2        We may transfer these Terms to someone else. We may transfer our rights and obligations under these Terms to another organisation – for example, this could include another member of our group of companies or someone who buys our business. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

10.3        Nobody else has any rights under these Terms. These Terms are between you and us. No other person shall have any rights to enforce any of its terms.

10.4        If a court finds part of these Terms illegal, the rest will continue in force. Each of the Sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Sections will remain in full force and effect.

10.5        Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

10.6        The laws that apply to these Terms and where you may bring legal proceedings. These Terms are governed by English law and we both agree to submit to the non‑exclusive jurisdiction of the English courts. This means that if you reside in the EU, you may bring a claim to enforce your consumer protection rights in connection with these Terms in England or in the EU country in which you live.

10.7        Copyright/Trademark Information.  Copyright © 2016 Paradym Ltd. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

10.8        Contact Information. If you wish to contact us in writing, or if these Terms require you to give notice to us in writing, please contact us at pTEAM@theparadym.com.

 

 [EJ1]Note to Paradym: Ideally in the UK and EU, you should obtain the users’ express agreement to these terms via a tick box upon registering an account (see suggested wording at the end of this document).  

 [CC2]

 [EJ3]Note to Paradym: As for the privacy policy, you should notify users of any major changes to these Terms of Use. This can either be done via a tick box/pop up message on the website and app (see suggested wording below) or via an email notification.