Terms
TERMS & CONDITIONS
This page (together with the documents referred to on it) tells you the “Terms of Use” on which you may make use of the following websites (“our Websites”) and Services whether as a client, guest or a registered user:
Please read these Terms of Use carefully before you start to use the Websites and Services. By using our Websites, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our Websites.
Information about Us
Our Websites are operated by Media Street Apps Limited (“we”). We are registered in England and Wales under Company Number 06760310. Our registered office at 6-7 Ludgate Square, London, EC4M 7AS and our VAT Number is 944944094.
Supply of the Services
Media Street Apps shall provide the Services to the Client for the duration of and in accordance with these Terms. These Terms shall come into force and govern the provision of the Services by Media Street Apps and the Use of the Services by the Client from the date set out on the Order Form signed by the Client until terminated in accordance with these Terms
Media Street Apps will process information about the Client in accordance with Media Street Apps’ privacy policy which is available at www.mediastreetapp.com. By using the Website(s), the Client consents to such processing and warrants that all data provided by the Client is accurate so far as the Client is reasonably aware.
Media Street Apps will ensure that at all times a local account manager is appointed. The account manager may change from time to time.
The Client shall pay the Charges for the Services in accordance with these Terms, with any terms set out in the Order Form or in accordance with any other payment terms agreed in writing with Media Street Apps. Payment shall be made in pounds Sterling.
Media Street Apps may alter the level of Charges or the payment terms from time to time upon not less than 30 days’ notice to the Client. Within 30 days of receiving such notice, the Client may notify Media Street Apps in writing that it wishes to terminate these Terms with effect from the date of any proposed change in the Charges. Media Street Apps may then either (i) terminate these Terms or (ii) withdraw its notice of the proposed changes to the Charges and/or the payment terms. In the case of (ii), these Terms will not terminate as a result of the Client’s notice. If no such notice is received from the Client, then the Client shall be deemed to have accepted the changes proposed by dotMailer.
All Charges quoted to the Client for the provision of the Services are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate from time to time.
Media Street Apps will invoice the Charges to the Client.
Payment of the Charges shall be made by direct debit by the Client to Media Street Apps. Subject to any separate agreement in writing between the parties from time to time, the Client shall set up a direct debit mandate for payment of charges which must be completed and returned to Media Street Apps within 7 days of signing an Order Form for Services. At its sole discretion confirmed in writing, dotMailer reserves the right to accept payment of Charges by cheque or bank transfer.
Subject to any separate agreement in writing between the parties from time to time, the Charges and any additional sums payable shall be paid by the Client (together with any applicable Value Added Tax, and without any set off or other deduction) to Media Street Apps within the number of days specified in the Order Form from the date of each Invoice. Time for payment is of the essence.
No payment shall be deemed to have been made until Media Street Apps has received such payment in cleared funds from the Client.
If the Client fails to pay Media Street Apps any Charges due pursuant to these Terms, then Media Street Apps shall be entitled to charge interest (both before and after any judgement) on the outstanding amount at the rate of 3% above the base rate of Barclays Bank plc from time to time, accruing on a daily basis and compounded quarterly, from the due date until the outstanding amount is paid in full.
If the Client fails to pay any sums due within the number of days set out in clause 3.6 (subject to any separate agreement in writing between the parties from time to time), Media Street Apps shall notify the Client but reserves the right to immediately disable the account and temporarily suspend the provision of the Services to the Client until such time as any outstanding invoices have been settled in full in cleared funds, whereupon the Services will be reinstated.
Media Street Apps reserve the right to carry out credit checks on the Client without notice from time to time.
Term, Suspension and Termination
Media Street Apps may immediately and without notice suspend the provision of Services.
Media Street Apps may immediately and without notice suspend the provision of Services to the Client if the Client’s account remains inactive for a period of 13 months or more.
Either party may suspend or terminate (at their reasonable discretion) these Terms (and Services) forthwith on giving written notice if:(a) either party commits any material breach of these Terms and (if capable of remedy) fails to remedy the breach within 14 days after being required by written notice so to do; or (b) either party becomes insolvent or bankrupt, enters into an arrangement with creditors, has a receiver or administrator appointed or its directors or shareholders pass a resolution to suspend trading, wind up or dissolve that party other than for the purposes of amalgamation or reconstruction or it ceases, or threatens to cease, trading.
Any termination of these Terms for any reason shall be without prejudice to any other rights or remedies a party may be entitled to at law or under these Terms and shall not affect any accrued rights or liabilities of either party nor the coming into force or the continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination including but not limited to the warranties and indemnities contained in these Terms.
These Terms shall come into force and govern the provision of the Services by Media Street Apps and the Use of the Services by the Client from the date set out on any Order Form signed by the Client. The minimum term of any Plan agreement is 1 month from the date set out on the Order Form and payment will be due even if the Client purports to terminate prior to the expiry of the full term. Any Client wishing to cancel a 12 or 24 month Plan must serve at least one month’s notice prior to the anniversary of the date on the Order Form. Thereafter, a client may cancel at anytime, by providing 30 days written notice to Media Street Apps. A client may upgrade their Plan to a higher level account at any time. Clients who enter into a pay as you go contract shall have no minimum contract period and may terminate with one month’s notice to Media Street Apps at any time.
The period during which Media Street Apps may suspend the Services in accordance with these Terms will continue until the circumstances giving rise to Media Street Apps’ right to suspend the Services ceases to subsist or until these Terms are terminated hereunder.
Accessing our Websites
Access to our Websites is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Websites without notice (see below). We will not be liable if our Websites are unavailable at any time or for any period (for any reason).
From time to time, we may restrict access to some parts of our Websites or all of our Websites, to those users who have registered with us.
If you choose (or you are provided with) a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. We have the right to disable any user identification code or password (whether chosen by you or allocated by us) at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
When using our Websites, you must comply with the provisions of our Acceptable Use Policy (set out below).
You are responsible for making all arrangements necessary for you to have access to our Websites. You are also responsible for ensuring that all persons who access our Websites through your Internet connection are aware of these terms and that they comply with them.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our Websites and in the material published on it. Those works are protected by copyright laws and treaties around the world. All rights in these works are reserved except as expressly set out in these Terms of Use.
You may print off one copy and may download extracts, of any page(s) from our Websites for your personal reference and you may draw the attention of others within your organisation to material posted on our Websites.
You must not modify (in any way) the paper or digital copies of any materials you have printed off or downloaded, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our Websites must always be acknowledged.
You must not use any part of the materials on our Websites for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Websites in breach of these Terms of Use, your right to use our Websites will cease immediately and you must, at our option, return or destroy any copies of the materials that you have made.
Reliance on Information Posted
Factsheets, FAQs and other materials posted on our Websites are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Websites (or by anyone who may be informed of any of its contents).
Our Websites Changes Regularly
We aim to update our Websites regularly, and may change the content at any time. If the need arises, we may suspend access to our Websites or close it indefinitely. Any of the material on our Websites may be out of date at any given time and we are under no obligation to update such material.
Our Liability
The material displayed on our Websites is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Websites or in connection with the use, inability to use, or results of the use of our Websites, any websites linked to it and any materials posted on it, including, without limitation, any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time;
- and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information About You and Your Visits to Our Websites
We process information about you in accordance with our privacy policy [link to privacy policy here]. By using our Websites, you consent to such processing and you warrant that all data provided by you is accurate.
Uploading Material to our Websites
Whenever you make use of a feature that allows you to upload material to our Websites (including via frames), or to make contact with other users of our Websites, you must comply with the content standards set out in our Acceptable Use Policy below. You warrant that any such contribution does comply with those standards and you indemnify us for any breach of that warranty.
Any material you upload to our Websites will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Websites constitutes a violation of their intellectual property rights or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Websites.
We have the right to remove any material or posting you make on our Websites if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy below.
Competitions
The competitions that we run through our websites and services are subject to the following rules (unless otherwise specified):
No purchase is necessary.
One online entry is permitted per household, and no bulk or third party entries are permitted.
Competitions are open to all UK residents (over the age of 18 in alcohol, tobacco or travel-related competitions, and in other cases as stated) except our employees, the companies or organisations with whom the competition or offer is being run, their agents, or anyone directly connected with the promotion.
Proof of entry will not be accepted as proof of receipt of entry.
If we run a competition or offer with a promoter where that promoter is responsible for the provision of the offer or prizes then Media Street Apps will not be responsible for or have any liability for the provision of those offers or prizes.
We reserve in all cases the right to replace the stated prizes with other prizes that we consider to be of broadly equivalent value.
We offer no cash alternative for non-cash prizes, and prize winners must accept prizes in the form offered. Prizes are not refundable or transferable.
The winner may be required to sign a statement proving their eligibility/liability.
The closing date for receipt of entries is as stated for each individual competition. The winner(s) will be drawn at random from all valid entries, and will be notified by email or phone within two weeks of the closing date.
Detail of the winner(s) can be obtained by sending a SAE marked [name of competition] to Media Street Apps, 6-7 Ludgate Square, London, EC4M 7AS, United Kingdom within 21 days of the closing date of the promotion.
Details of all entries will be kept on a database and will only be passed to third parties to enable analysis or the processing of the competition and prize fulfilment unless you specifically allow the data to be shared. This is the only occasion when another organisation apart from Media Street Apps will have access to your information. Data will only be shared with the competition partner when you consent to it by ticking the box on an offer or competition. The sponsor will be clearly named in the text next to the tick box and if the box is not ticked your data will not be shared. Any use will be in accordance with our Privacy Policy.
All entrants to competitions and offers are deemed to have accepted these rules and agree to be bound by them, and agree to co-operate in any publicity that may arise which may include their name or image being used on our websites as a result of the competition.
Viruses, Hacking and Other Offences
You must not misuse our Websites in any malicious way which contravenes our acceptable use policy. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Websites will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Websites or to your downloading of any material posted on it, or on any website linked to it.
Linking to our Websites
We ask that, if you wish to link to our Websites, you contact us first for approval at
jonathan.lloyd (at) mediastreetapp.com or 6-7 Ludgate Square, London, EC4M 7AS. Following approval, links are permitted on the following basis:
You may link to our home pages (i.e. the initial pages at which you arrive on typing www.kingsroad.co.uk, www.nottinghillgate.co.uk or www.fulhamroad.co.uk into a web browser), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists; you must not establish a link from any website that is not owned by you; our Websites must not be framed on any other sites, nor may you create a link to any part of our Websites other than the home pages. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (set out below);
If you wish to make any use of material on our Websites other than that set out above, please address your request to
jonathan.lloyd (at) mediastreetapp.com or 6-7 Ludgate Square, London, EC4M 7AS..
Links From our Websites
Where our Websites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You should make sure you’re happy with the terms and conditions and privacy policy of any third party site.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Websites although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms of Use are governed by English law.
Variations
We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Websites. Your concerns
If you have any concerns about material which appears on our Websites, please contact Jonathan Lloyd at
jonathan.lloyd (at) mediastreetapp.com or 6-7 Ludgate Square, London, EC4M 7AS..
Thank you for visiting our Websites.
ACCEPTABLE USE POLICY
This Acceptable Use Policy sets out the terms between you and us under which you may access our Websites. This Acceptable Use Policy applies to all users of, and visitors to, our Websites.
Your use of our Websites means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our Terms of Use.
Prohibited Uses
You may use our Websites only for lawful purposes. You may not use our Websites:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards, detailed below;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of our Websites in contravention of the provisions of our Terms of Use.
- not to access without authority, interfere with, damage or disrupt:
- any part of our Websites;
- any equipment or network on which our Websites are stored;
- any software used in the provision of our Websites; or
- any equipment or network or software owned or used by any third party.
Content Standards
These content standards apply to any and all material which you contribute (“contributions”) to our Websites, including via framing, and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
- be accurate (where they state facts);
- be genuinely held (where they state opinions);
- comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case;
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and Termination
We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our Websites. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms of Use upon which you are permitted to use our Websites, and may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use our Websites;
- immediate, temporary or permanent removal of any posting or material uploaded by you to our Websites;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited and we may take any other action we deem appropriate. Changes to this Acceptable Use Policy.
We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our Websites.
