Memrabel Dashboard Service TermsThe Memrabel Dashboard provides functionality to remotely send and receive data to a Memrabel 3 device (“Service”). To use the Service, a paid subscription account is required (“Account”).
The service can only be used with a Memrabel 3 (“Device”).
The Service Terms are available at http://www.easylinkuk.co.uk/mr3-terms. THE SERVICE TERMS MAY BE SUBJECT TO CHANGE FROM TIME TO TIME AND WILL BE UPDATED ON OUR WEBSITE. YOU ARE ADVISED TO CHECK THESE REGULARLY WHEN USING THE SERVICE.
1.1 We, Medpage Limited t/a Easylink UK, a company incorporated in England and Wales (company number 05468599) having its registered office at 3 Weekley Wood Lane Close, Kettering NN14 1UQ license you to use:
the MemRabel® Dashboard Service
the related online documentation (the Documentation); and
The Service to transfer data to and from the Device, provided that they have been given permission to do so by the owner or person who controls the Device as permitted in the Service Terms.
Please read the Service Terms carefully, as they set out the basis upon which we license the Device and the underlying software which is used in providing the Service for use.
You must be 18 or over to accept the Service Terms and subscribe for the Service. By registering and using the Service you confirm that you are 18 or older and understand your obligations under the Service Terms.
When creating an account, we will ask you to give your express agreement to the provisions of the Service Terms before you use the Service.
1.5 The person who owns the Device must also give permission for you to use the Service to send communications to their Device via the Service.
1.6 To set up the Subscription to use the Service and communicate with the Device you will need follow the instructions to use our online payment gateway.
You agree that you will not use the Service to control or attempt to control a Device which is not owned by you or where you have not been given permission to contact it by the person who owns or controls the Device.
2. THE SERVICE
2.1 Any data sent must be created by the user and must not include any content where the copyright and other intellectual property rights are owned by a third party.
2.2 You must have an active subscription to the Service for you to be able to communicate with the Device via the service. If you do not have an active subscription for the Service associated with the Device to which you wish to send messages, you will not be able to communicate with it.
2.3 There is an annual subscription fee (which is inclusive of VAT) for use of the Service. Details of our current pricing and charging arrangements are set out on our website at https://www.easylinkuk.co.uk/MR3 See clause 4 below for details about the subscription and payment terms for use of the Service.
2.4 There may be restrictions on the size of the data that you can send via the Service (particularly with video files since image resolution size varies for different devices). The Service will notify you if you message is too large to send. However, we will not be responsible if any Message is not delivered because it exceeds the size limit.
2.5 The features of the Service may change from time to time and the Service may be suspended during periods of maintenance, updating, upgrading or other support relating to the Service (such as security checks and updates).
3. YOUR PRIVACY
3.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. It is recommended that you should not send any sensitive personal data to the Device.
4.1 The Device will need to be paired to the Account in order to use the Device with the Service. This will require physical access to the Device.
4.2 The subscription charge is advertised on our website http://www.easylinkuk.co.uk/mr3 . Any free period or introductory offer price of subscription is offered at our sole discretion and is subject to withdrawal at any time and without notice.
4.3 At the end of any free period offered your account will be suspended unless and until you have taken out a paid subscription for the Service. Subscription and the method of payment information is available in your Account Dashboard
4.4 Once your annual subscription to the Service has expired your ability to use the Service will then be suspended. If you want to continue to use the Service you will then need to renew your subscription via your Account Dashboard.
4.5 We reserve the right to change whether we allow a trial subscription-free period (and the length of that period), our fees, our terms of payment and the features offered as part of the Service at any time and without prior notice to you. You should check Our Site regularly for details of any changes.
4.6 Your subscription must not be re-sold and is only valid if obtained from our dedicated server. You may not let anyone else use your subscription to the Service or allow anyone else to use the Service on any device.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 All intellectual property rights in the Device, the underlying software, the Documentation and the Service throughout the world belong to us (or our licensors) and the rights given to you to use them are licensed (not sold) to you.
7.2 You have no intellectual property rights in, or to, the Device, the underlying software, the Documentation and the Service other than the right to use them in accordance with the Service Terms.
9. ACCEPTABLE USE RESTRICTIONS
9.1 You must:
not use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Service Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Service, the Device or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the Service, the Documentation, or the Device, including by the submission of any information or messages (to the extent that such use is not licensed by the Service Terms);
not transmit as part of any Messages any excerpts of films, recordings, broadcasts, photographs or artwork or any other content where the copyright and other intellectual property rights are owned by any third party;
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service;
not use the Service in a way that could damage, disable, overburden, impair or compromise the Device, our systems or security or interfere with other users; and
not collect or harvest any information or data from any Device, the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.
10. WHAT WE ARE NOT RESPONSIBLE FOR
10.1 You use the Service at your own risk. You must provide your own Device and internet access to use the Service and that it is correctly paired when you want to communicate with the Device.
10.2 You acknowledge that complex software is never wholly free from defects, errors or bugs or from security vulnerabilities so that we make no promise that the software or the Service provided using the Device, and the underlying software will be wholly free of defects, errors and bugs or that they will be entirely secure.
10.3 Except as set out in the Service Terms, to the maximum extent permitted by the applicable law in your jurisdiction, no warranties or representations of the Service will be implied into the Service Terms. In particular, we give no representation or warranty that:
(a) the Service or any part of it will be available or permitted in the jurisdiction in which you are based or be accessible from all devices or browsers; or
(b) the content or Messages sent to a Device will be appropriate and effective for the purpose for which it is sent or that the content of any Messages will not infringe any third party rights (as we do not monitor the content of any Messages); or
(c) that we will continue to support any particular feature of the Service or maintain compatibility with any third party software or mobile phone or device; or
(d) all Messages sent will be delivered as this will be subject to matters beyond our control such as, by way of example only, Message size, availability of the internet and telecommunications services, power being available for the Device.
10.4 The Service and the Device have not been developed to meet your individual requirements. It is your responsibility to check that the Service, the Device (as described on our website and in the Documentation) meet your requirements.
10.5 We are not responsible for the set up and the successful pairing of the Service on any Device or delivery of any Messages sent via the Service (except Messages sent by us) or the failure of any Messages to arrive on time or at all. The user of the Service sending Messages to the Device is responsible for all Messages sent by the user of the Service or the failure to set up the pairing for any such Messages or to properly record and/or transmit any Messages to the Device.
10.6 We are not responsible for:
(a) any failure in the pairing of an Account and its communication with any Device either because the devices were not in pairing mode or because a pairing was not confirmed; or
(b) how you use or fail to use the Service to communicate with the Device; or
(c) any Messages sent to or programmed into the Device that are inappropriate, inaccurate or misleading; or
(d) any Messages or alarms times or dates that are incorrect or do not playback for reasons beyond our control; or
(e) any failure of the Device that is caused by loss of power, loss of internet or mobile connection or the failure of any Messages caused by lack of mobile data or internet connectivity or that is caused because a is not set up; or
(f) the failure of the Device to play back any Messages due to loss of power to the device, damage to the Device however this is caused; or
any failure by the owner or controller of the Device to carry out periodic testing or to operate it in accordance with its operating instructions; or
any failure by the user of the Device to delete Messages are that are no longer required resulting in the limitation of storage on the Device; or
any medical complications caused by a user of the Device misunderstanding or repeating a task as a result of any Message sent using the Service; or
(j) any death, personal injury or other loss resulting from any failure in the Service or the Device, except where this is caused by our negligence or that of our employees, agents or sub-contractors.
10.7 We are not responsible for any Messages not being sent to the Device on time or at all which are due to reasons beyond our reasonable control.
11.1 Nothing in the Service Terms will:
(a) limit or exclude any liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit or exclude any liability that we cannot exclude or limiteas a matter of law.
11.2 The limitations and exclusions of liability set out in this clause 11 and elsewhere in Service Terms are:
(a) subject to clause 11.1; and
(b) govern all liabilities arising under the Service Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty or otherwise and any indirect or consequential loss whatsoever.
11.3 If we fail to comply with the Service Terms, we will be responsible for foreseeable loss or damage you suffer is a foreseeable result of our failing to comply with the Service Terms or failing to use reasonable skill and care, provided that our liability shall not exceed whichever is the greater of:
(a) £1000; and
(b) the total amount of subscription fees paid or payable by you to us under the Service Terms in the 12 months immediately preceding the event giving rise to the claim.
11.4 We are not liable to you 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 you accepted the Service Terms, both we and you knew that it might happen.
11.5 We will have no liability to you for any special, indirect or consequential loss or damage or loss of revenue, loss of profits, loss of savings or anticipated savings1.
11.6 If any digital content that we have provided as part of the Service damages a device or digital content that belongs to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply any update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
11.7 The Device and the Service and the underlying software are provided for domestic and private use. If you use them for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
11.8 We will not be liable to you for any damage or losses suffered by you arising out of an event that is outside our reasonable control (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the laws, disasters, explosions, fires, floods, riots, terrorist attacks, pandemics or wars).
12. YOU AGREE TO COMPENSATE US FOR THIRD PARTY CLAIMS
You agree to compensate us in full for any losses, damages, costs, fees, liability or claim (including legal expenses and amounts paid in settlement of legal claims) which we suffer or incur as a result of a claim made by any third party as a result of your breach of the Service Terms whilst using the the Service.
13. SUPPORT FOR THE SERVICE AND HOW TO TELL US ABOUT PROBLEMS
13.2 If you think the Service is faulty or mis-described or wish to contact us for any other reason please email our customer service team at email@example.com or call them on +44 (0) 1536 264 869.
14.1 We may need to change the Service Terms to reflect changes in law or best practice or to deal with additional features which we introduce to the Device or Service. Any changes to the Service Terms will be included on Annual Subscription renewal.
14.2 We will give you at least 30 days’ notice of any change by sending you a message to your account with details of the change or notifying you of a change when you next start the App.
14.3 If you do not accept the notified changes you may continue to use the Service in accordance with the existing terms but certain new features may not be available to you.
15.1 From time to time we may automatically update the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
16.2 By using the Service, you agree to us collecting and using technical information about frequency of use and data transferred by you, to the Device you use with it with and related software, hardware and peripherals to improve our products and to provide any Service to you. Only our payment provider will have access to information relating to your payment details.
17. ACCESS TO THE SERVICE AND BACKUPS
17.1 The Service is provided on an “AS IS” and “AS AVAILABLE” basis.
17.2 We do not store or backup any data sent via the Service on our server by any user of the Service. All data you send belong to you. It is your responsibility to check data (including any alarms and their frequency) sent the Device regularly using your Account Dashboard and to backup any Messages which you use or have used with the Service. If, as part of technical support provided, in relation to use of the App or the Device, we need to re-set the Device, then data previously stored on it may be lost.
18.1 We may suspend or end your rights to use the Service at any time with or without prior notice, if you are in breach of the Service Terms in a serious way. If this happens,access to the Service may be suspended immediately. If what you have done can be put right we will give you a reasonable opportunity to do so.
18.2 If we end your rights to use the Service:
you must stop all activities authorised by the Service Terms, including your use of the Service.
18.3 Some clauses within the Service Terms are intended to survive after the termination of the agreement between you and us set out in the Service Terms. These include, but not are not limited to clauses 3, 4, 5, 7, 8, 9, 10, 11, 12, 16 and 18 to 25.
19.1 We may transfer our rights and obligations under the Service Terms to another organisation. If we do transfer our rights and obligations under the Service Terms to someone else, we will always tell you through your account email address and we will ensure that the transfer will not affect your rights under the Service Terms.
The Service Terms and the agreement between you and us does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Service Terms.
21.2 Each of the clauses of the Service Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
22.1 Even if we delay in enforcing the Service Terms, we can still enforce them later.
22.2 If we do not insist immediately that you do anything you are required to do under the Service Terms, or if we delay in taking steps against you in respect of your breaking the Service 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.
23 CONSUMER RIGHTS ACT 2015
If there is any conflict between the Service Terms and that Act, the Consumer Rights Act shall apply if you are using the Service as a consumer and not as part of your business.
24 ALTERNATIVE DISPUTE RESOLUTION
24.1 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.
24.2 You can submit a complaint to an Authorised Body who will not charge you for making a complaint and if you are not satisfied with the outcome, you can still bring legal proceedings. Further information for the UK can be found at https://www.legislation.gov.uk/
24.3 In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
25.1 the Service Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. I
25.2 If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.
25.3 If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.