MyPDA Limited Terms of Service

Terms of Use

This page (together with any referenced documents therein) informs MyPDA customers and users of the terms of service which we make use of, for our website and on the backend database schema that is www.mypda.co.uk

By using our site, you agree that you accept our terms of service and you agree to abide by the terms set out. If you do not agree to these terms of use, you must not use our site.

Information About Us

The site is operated by MYPDA LIMITED. We are a limited company registered in England and Wales under company number 12093129, our registered office is 155 Newton Drive, Blackpool FY3 8LZ United Kingdom.

Description of Service

MYPDA LIMITED provides an array of services. You may use the Services for your personal and business use or for internal business purpose in the organisation that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services to access site.

We may change the content of the site at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

You must treat your login details as confidential, and you must not disclose it to any third party. We have the right to disable any individual user account at any time if, in our opinion, you have failed to comply with any of the provisions of these terms of service. You are responsible for ensuring that all persons who access our site through your internet connection are aware of and comply with these terms.

You may use our site only for lawful purposes. You may not use our site in any way that breaches any applicable local, national or international law or regulation or use our site in any way that is unlawful or fraudulent.

License Terms and Use Restrictions

Subscribers will be given access to the Services on a Per User Licence (“Licence”) as stated at the order level.. All Licences are personal to the Subscriber named and may not be assigned or transferred.

Each licence permits a single individual to access the Services and to use the Licensed Materials in the course of the Subscriber’s normal business. The Subscriber shall obtain the prior written consent to any additional individual(s) being granted access to the Services

Intellectual Property Rights

MYPDA LIMITED is the owner and the licensee of all intellectual property rights in our site (including the database software and all content stored in the database), and in the material published on it. MYPDA site, including all intellectual property, is protected by copyright, database right and other laws and treaties around the world. All such rights are reserved, and no rights are granted to you except for those expressly granted in these terms. In the case of screenshots, extracts or PDF downloads these must not be modified you must acknowledge the source of the data.

Trademark and Copyright

MyPDA and all it’s logos, the names of individual Services and their logos are trademarks of Us. You agree not to display or use in any manner, our trademarks, without our prior written permission.

Authorised Users and Subscribers may use the Service and the Materials that appear on it from time to time for their own private or business research, and for this purpose may:

  • Display the Materials on screen
  • Make printouts of items which are in PDF format only

Reliance on Information

Materials, including any financial proposals posted on our site or as part of our services 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 site, or by anyone who may be informed of any of its contents.

Disclaimer of Warranties

You expressly understand and agree that the use of the Services is at your sole risk. The Services are provided on an as-is-as-available basis. We expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranty of merchantability and fitness for a particular purpose. We make no warranty that the services will be uninterrupted, timely, secure, or error free.

Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer systems, mobile telephone, wireless device or data that results from the use of the Services or the download of any such material. No advice or information, whether written or oral, obtained by you from Us, its employees or representatives shall create any warranty not expressly stated in the terms.

Disclaimer of Limitation of Liability

The material displayed on our site 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, whether financial or non financial that is incurred by any user in connection with our site or in connection with the use, inability to use, or the results of the use of our site, 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 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, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

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.

In no event will our entire liability to you in respect of any Service, whether direct or indirect, exceed the fees paid by you towards using our Service.

Viruses, Hacking and Other Offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. In the event of a breach of this provision, your right to use our site 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 site or to your downloading of any material posted on it, or on any website linked to it.

Variations and Changes to our Terms of Service

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Beta Testing and Evaluation

We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that we will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

Subscriptions, Cancellation & Refunds

Free Trial

If you sign up for the MyPDA Pro free trial via MyPDA.co.uk, you must enter your credit/debit card details. These will be held securely by our payment partner, for example Stripe. You can opt for the monthly or an annual subscription period based on the price plan set up on the website. All promotional codes should be added at the payment page. During your free trial you can change your price plan at any time, or cancel your trial at anytime by notifying us by email to contact@mypda.co.uk The free trial is a one time trial and limited to one per person. To continue to use MyPDA services you must pay for a subscription. It is strictly prohibited to use different email addresses to set up multiple trials for the same person.

Billing Period & Payment Terms

An annual subscription is a twelve month billing period, with no refund options mid term.

A monthly subscription is a one calendar month billing period, with no refund options mid term.

All payments are made in advance of the billing period (our payment terms).

Automatic Subscription Start

We will remind you that your trial is coming to an end. If, when the trial expires you have not contacted us (by email notification) to cancel your trial, your subscription will automatically commence and the initial payment will be taken from the card provided for the first billing period.

Automatic Subscription Renewal

At the end of each billing period your subscription will automatically renew, unless you have provided notice to cancel, by email to contact@mypda.co.uk no later than 7 days prior to the renewal date. Successful payment will automatically extend your subscription and services for the said billing period.

We will notify annual customers in advance of their renewal date, however customers on a monthly subscription plan will not receive reminders.

Change to Subscription Charges

From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. You will be given at least 30 days prior notice of any increase in charge, and those charges will not apply until the expiry of your then current billing period.

You will not be charged for using any Service unless you have opted for a paid subscription plan.

Failed Payments

If our attempt to charge your card under these terms of service is declined by your bank, we will try again no more than four times. Your account services will be automatically suspended and we will notify you. To re-commence services we may levy a small administrative fee to cover our costs.

Cancellation

All our subscriptions are ‘rolling’ contracts, the minimum contract period is one billing period (either month or year).

You may cancel your subscription at any time by notifying us a minimum of seven days prior to the renewal date, by email to contact@mypda.co.uk

Once you cancel your subscription you will be able to continue to use your Pro account until the end of the paid-for billing period, then your account will be downgraded to MyPDA Lite.

Refunds

Given the nature of digital content, we do not offer a refund on purchases made. However, we may refund charges upto 10 days after they are made at our absolute discretion.

There is generally no obligation for MyPDA to provide a refund in situations like the following:

  • You have changed your mind about the subscription
  • You bought a subscription by mistake
  • You do not have sufficient expertise to use the subscription
  • You ask for goodwill

If you disagree with a charge we have made to your stored credit/debit card, please contact us contact@mypda.co.uk straight away.

User Obligations

You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organisation and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organisation, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may terminate your user account and refuse current or future use of any or all of the Services.

Communications from Us

The Service may include certain communications from Us, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from Us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity

without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Us; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.

Inactive User Accounts

We reserve the right to terminate unpaid user accounts. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services.

Indemnification

You agree to indemnify and hold harmless MYPDA LIMITED, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including legal fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violation of any provisions of the Terms, or any other claims related to your use of the Services, except where such use is authorised by Us.

Suspension and Termination of User Accounts

We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity, requests by law enforcement or other government agencies. We will also terminate your user account on your request.

In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms . Termination of your user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data.

Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site 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 and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.