This is a legal agreement (“Agreement”) between you and Design My Days. An advertising service (“Design my Days”), which may be contacted at info@designmydays.co.uk. By accessing the Design My Days web site, currently located at www.designmydays.co.uk (the “Site”) and using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. The Design My Days services consist of the following, without limitation: an advertising service for family friendly business' and children’s clubs and activities from new-born to 18 years to advertise their services to people throughout the U.K. Design My Days may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Design My Days also reserves the right to cease offering any of the Services.
This Agreement is subject to change by Design My Days in its sole discretion at any time, and any such changes will be posted on the Site. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
Eligibility.
- Minimum Age. You must be at least 18 years old to use the Site/app or to register for the Services. By using the service you represent and warrant that you are at least 18 years old.
- Criminal History. By requesting to use, registering to use, and/or using the Design My Days Service, you represent and warrant that you have never been convicted of an offence and/or are not required to register as a sex offender with any government entity. You should obtain a DBS (if applicable). The Disclosure and Barring Service (DBS) helps employers make safer recruitment decisions and prevent unsuitable people from working with vulnerable groups, including children. It replaces the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA). However if you legally do not require to have a DBS (you are never left alone with children) this is allowed. DESIGN MY DAYS DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Design My Days reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE AND WILL COMPLY WITH ANY REQUEST MADE FOR ANY SUCH CHECK TO BE UNDERTAKEN AND DEEMED RELEVANT AND NECESSARY BY DESIGN MY DAYS.
- Insurance. By requesting to use, registering to use, and/or using the Design My Days service, you represent and warrant that you have liability cover.DESIGN MY DAYS DOES NOT CURRENTLY CONDUCT LIABILITY BACKGROUND SCREENINGS ON ITS MEMBERS. However, Design My Days reserves the right to conduct any liability background check, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
- Use of Site and Service.
As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:
- Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Design My Days is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
- Geographic Limitations. The Site and Services are intended for use in the United Kingdom. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United Kingdom export control laws. By using the Services, you represent that you have not been designated by the United Kingdom government as a “Specially Designated National” or other person to whom the provisions of the Services are prohibited. Registration for, and use of, the Services are void where prohibited. You are responsible for determining whether the user of the Services is legal in your jurisdiction.
- Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services.
- No Guarantees. Design My Days may not be able to provide customers for everyone seeking to use its services. Further, Design My Days makes no guarantees as to the number or frequency of customers through the service.
- Reporting of Violations.You will promptly report to Design My Days any violation of the Agreement by others, including but not limited to, Registered Users.
- Content Removal. Design My Days reserves the right, but has no obligation, to monitor the information or material you submit to the Services. Design My Days will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
- Posting Restrictions.You will not post on the Services (Design My Days Website) anything that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services.
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
- contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
- intended to defraud, swindle or deceive other users of the Services;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Site;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- solicits gambling or engages in any gambling or similar activity;
- uses scripts, bots or other automated technology to access the Site or Services;
- uses the Site or Services for chain letter, junk mail or spam e-mails;
- collects or solicits personal information about anyone under 18; or
- is in any way used for or in connection with spamming, trolling, or similar activities.
- No False Information.
- You will not provide inaccurate, misleading or false information to Design My Days. If information provided to Design My Days changes you will promptly rectify this or inform Design My Days of such changes.
- If it comes to light that false information has been supplied on your behalf, you accept or are deemed to accept responsibility to rectify this position by disclosing the relevant accurate information.
- No Commercial Solicitation.
- You will not solicit any user to buy or sell any products or services through the Site or Services. You may not transmit any chain letters, junk or spam e-mail to other users and;
- You will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Design My Days, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Design My Days £80.00 plus VAT for each such unsolicited communication you send through the Services.
- Unique and Bona Fide Profile.
As a Registered User of the Design My Days Service, you will create only one unique profile. In addition, your use of the Design My Days Service must be for bona fide Family friendly business' and children’s activities in order to maintain the integrity of the Design My Days Service (for example, you may not become a Registered User solely to compile a report of children’s activities in your area, or to write a school research paper or for any other such purposes). From time to time, Design My Days may create test profiles in order to monitor the operation of the Services.
- No Harassment of Design My Days Employees or Agents.
You will not harass, annoy, intimidate or threaten any Design My Days directors, staff, employees, freelancers, brand reps or consultants engaged in providing any portion of the Services to you.
- Social Media.
We may provide you the option to connect your Design My Days account to your account on some social networking sites (such as via Facebook Connect) for the purpose of logging in, uploading information or enabling certain features on the Service. When enabling this feature, we will disclose to you the information we collect from the connected social networking site, and will use such information in compliance with our Privacy Policy. Once connected, some of your customers may also be able to see information about your social network, such as the size of your network and your friends, including common friends. By connecting your Design My Days account to your account on any social networking site, you hereby consent to the continuous release of information about you to Design My Days. We will not send any of your Design My Days account information to the connected social networking site without first disclosing that to you. You can always disconnect the accounts via your Design My Days Account Settings page. Each social network may further allow you to set privacy controls around your information on their system, and Design My Days' collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking site involved, and therefore the available features and shared information are subject to change without notice to you.
- Proprietary Rights.
- No Use of Confidential Information.
You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
- Other Users’ Information.
Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Design My Days or third party proprietary information available via the Services or the Site/App.
- Complaints / Law Enforcement Contact.
To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQ) or e-mail us on
info@designmydays.co.uk. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to Design My Days.
- Communication and Privacy.
We may use your email address to send you emails notifying you of important changes, news and special offers available. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please notify us at
designmydays.co.uk
- Term and Termination.
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated here under. Either you or Design My Days may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Design My Days reserves the right to exercise the discretion to immediately suspend or terminate your access to any of the Services, without notice, for any reason whatsoever or breach of this agreement.
Design My Days also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to Design My Days by you will be non-refundable and all outstanding or pending payments will immediately be due.
- **RENEWALS**.
In order to provide continuous service, Design My Daysautomatically renews all paid subscriptions (web link package) for the Services on the date such subscriptions expire. We always communicate renewal periods to you in the subscription plan page, before you finalize the purchase of your subscription, upon confirmation of purchase, and in the body of any special promotions sent to our users. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out on our packages page on our website
www.clubhubuk.co.uk.
- Refunds
You agree that all fees paid to Design My Days by you will be non-refundable. For Design My Days event tickets please sell these on of your own accord. If
YOUR featured event or activity is cancelled or postponed you are to notify Design My Days immediately. This will then be a credit that you can use for any future promotions.
- General Provisions.
Right to Seek Injunction. Violation of this Agreement may cause Design My Days irreparable harm, and therefore agree that Design My Days will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Design My Days may have for a breach of this Agreement.
- Entire Agreement
This agreement (together with the documents referred to in it) constitutes the entire agreement between the parties and supersedes and extinguishes all previous discussions, correspondence, negotiations, drafts, agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- Revision Date.
This Agreement was last revised on 12/07/2022.
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