Terms of use explained
MYONLINESAFE – TERMS OF USE
This page (together with the documents referred to on it) sets out the terms of use (“Terms“) for all users of our website www.myonelinesafe.com and the services available on it (“MyOnlineSafe“).
Please read these Terms carefully before you start to use MyOnlineSafe. By using MyOnlineSafe, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using MyOnlineSafe.
In order to use MyOnlineSafe, you need to (a) be 18 or older, or be 13 or older and have your parent or guardian’s consent to these Terms, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws.
INFORMATION ABOUT US
MyOnlineSafe is operated by Myonlinesafe Limited trading as ‘MyOnlineSafe’ (“we” “us” “our“). We are a limited company, registered in England and Wales under company number 08181641 and have our registered office at 4 Prince Albert Road, London NW1 7SN United Kingdom. Our VAT number is[208 9337 92.
MYONLINESAFE USERS
There are two types of registered users of MyOnlineSafe:
(i) users who have registered with MyOnlineSafe by purchasing a ‘Monthly Account’, an ‘Annual Account’ or a ‘Lifetime Account’ (“Registered Users“). Information about the different types of MyOnlineSafe accounts can be found here https://myonlinesafe.com/account/subscribe1; and
(ii) users who have been designated and registered to act as a ‘nominee’ on behalf of a Registered User (“Nominees“). Details about the role of Nominees and their access to MyOnlineSafe is available here https://myonlinesafe.com/dashboard/nominees.
There are also unregistered users of MyOnlineSafe including visitors to MyOnlineSafe looking to find out more about the services we offer.
In these Terms, references to “you” are references to Registered Users, Nominees, those wishing to purchase a MyOnlineSafe account on behalf of a Gift Recipient and all other users of or visitors to MyOnlineSafe.
Currently, MyOnlineSafe is only available to users in the United Kingdom. For those outside the United Kingdom, please check back soon.
ACCESSING MYONLINESAFE
Whilst we try to schedule maintenance and other down-time to cause the minimum of disruption to you, we will not be liable if for any reason MyOnlineSafe is unavailable at any time or for any extended period. We make no guarantees about your access to MyOnlineSafe or any guarantee as to uptime.
From time to time, we may restrict access to some parts of MyOnlineSafe, or our entire site, to Registered Users or Nominees.
PASSWORDS AND REGISTRATION DETAILS
You promise that any registration information that you submit to us is true, accurate and complete, and you agree to keep it that way at all times.
You understand that you are responsible for all use of your username and password. You must treat all user names and passwords as confidential, and you must not disclose them to any third party. Your password protects your MyOnlineSafe account, and you are solely responsible for keeping your password confidential and secure. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your MyOnlineSafe account by third parties, please notify us immediately and change your password as soon as possible.
We have the right to disable any user names 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.
You are responsible for making all arrangements necessary for you to have access to MyOnlineSafe. You are also responsible for ensuring that all persons who access MyOnlineSafe through your internet connection are aware of these terms, and that they comply with them.
DURATION OF YOUR ACCOUNT
If you purchase a Monthly Account or an Annual Account, your access to MyOnlineSafe and your MyOnlineSafe account will immediately end when your Monthly Account or Annual Account (as applicable) expires unless you renew and pay the relevant fees for your MyOnlineSafe account.
Following expiry of a Registered User’s Monthly Account or Annual Account we continue to hold certain information on that MyOnlineSafe account for a period of 12 months and if you renew your Monthly Account or Annual Account during that time, the majority of your information will be recoverable.
GIFTS
You can purchase access to a Monthly Account, Annual Account or Lifetime Account for someone else. If you purchase an account for someone (a “Gift Recipient“), that person will be sent an email to the email address which you provide us when purchasing the gift. The Gift Recipient will then open the link and complete the registration process. It is your responsibility to ensure that the email address is correct.
You will be charged upon the issuance of that email to the email address of the Gift Recipient which you supply. You may be charged even if the Gift Recipient does not activate their account.
PAYMENTS
All payments made via MyOnlineSafe are handled on our behalf by PayPal or other payment processers which we use from time to time. In addition to these Terms, payments are made subject to the applicable terms of that supplier as amended from time to time.
If you are a Registered User who resides in the European Union, you have the right to change your mind and receive a full refund within fourteen (14) days of purchase, but only if you or the relevant Gift Recipient (as applicable) have not logged in to the relevant MyOnlineSafe account.
If you have a Monthly Account or Annual Account, your payment to us will automatically renew at the end of the relevant subscription period, unless you cancel your Monthly Account or Annual Account through your account page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period.
We will only offer refunds if you cancel your account with us during the 14 day period following your registration.
The registration pages will guide you through the steps you need to take to pay for a MyOnlineSafe account with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you submit your application form, if your payment has been accepted, you will receive an e-mail from us acknowledging that we have received your registration form and that your account is live as well as your user name (“Account Registration Confirmation“). The contract between us will only be formed when we send you the Account Registration Confirmation.
If for any reason your application forms are not acceptable or complete we will inform you of this by e-mail and we will not process your application forms. No payment will be taken.
NOMINEES
A person who has been nominated to act as a nominee by a Registered User will receive a notification email from the Registered User requesting that person to confirm they are happy to act as a ‘Nominee’. That person will then access MyOnlineSafe and register as a Nominee by giving some contact details using the details in the notification e-mail.
Nominees will only be granted access to those parts of a Registered User’s account which the Registered User has designated. As such, Nominees may only receive limited functionality for MyOnlineSafe.
Please note that as a Nominee, access to a Registered User’s information may vary from time to time as the relevant Registered User is entitled to change their Nominees’ access to their account on MyOnlineSafe.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in MyOnlineSafe, and all the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
We grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use of MyOnlineSafe. However, all of our trademarks, service marks, trade names, logos, domain names, and any other features of the ‘MyOnlineSafe’ brand (“our brand“) are our sole property. We do not grant you any rights to use our brand, whether for commercial or non-commercial use.
You may print off one copy, and may download extracts, of any page(s) from MyOnlineSafe for your personal reference and you may draw the attention of others within your organisation to material posted on MyOnlineSafe.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, 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 MyOnlineSafe must always be acknowledged.
You must not use any part of the materials on MyOnlineSafe 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 MyOnlineSafe in breach of these Terms, your right to use MyOnlineSafe will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on MyOnlineSafe are not intended to be 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 MyOnlineSafe, or by anyone who may be informed of any of its contents.
MYONLINESAFE CHANGES REGULARLY
We aim to update MyOnlineSafe regularly, and may change the content at any time. If the need arises, we may suspend access to MyOnlineSafe, or close it indefinitely. Any of the material on MyOnlineSafe may be out of date at any given time, and we are under no obligation to update such material.
DATA SECURITY
The security and privacy of Your Content which is hosted on MyOnlineSafe is of upmost importance to us.
We use industry standard, or better, administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your Content. Your Content is held in a hosting provider that has a range of technological safeguards and security certifications.
Unfortunately, despite our best efforts, we cannot guarantee 100% protection for Your Content. We therefore cannot accept responsibility or liability for unauthorized access, hacking, or other security intrusions or failure to store or the theft, deletion, corruption, destruction, damage, or loss of any data or information. We advise our users that not to upload any content to MyOnlineSafe which they would not wish to accessed by an unauthorised user.
OUR LIABILITY
The material displayed on MyOnlineSafe 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: (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; (ii) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with MyOnlineSafe or in connection with the use, inability to use, or results of the use of MyOnlineSafe, 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 (iii) 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, 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.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with MyOnlineSafe is to stop using MyOnlineSafe.
INFORMATION ABOUT YOU AND YOUR VISITS TO MYONLINESAFE
We process information about you in accordance with our privacy policy. By using MyOnlineSafe, you consent to such processing and you warrant that all data provided by you is accurate.
UPLOADING MATERIAL TO MYONLINESAFE
MyOnlineSafe is intended to act as an interactive hub for your information, including confidential, sensitive and personal information. However, whenever you make use of a feature that allows you to upload material to MyOnlineSafe (“Your Content“), or to make contact with other users of MyOnlineSafe, you must not upload any content which (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary of any third party; (c) includes personal data of third parties which has not been approved by them in advance for uploading (d) is intended or does harass or bully other users; (e) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; or (f) otherwise conflicts with these Terms. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. Any breach of these guidelines will permit us to cancel or suspend your MyOnlineSafe account or to remove the offending materials.
We will not be responsible, or liable to any third party, for the content or accuracy of any of Your Content or any other user of MyOnlineSafe. We will not monitor, review, or edit Your Content, but we may remove or disable access to any Your Content if you violate these Terms without notifying you.
In certain circumstances it may be necessary for us to access, disclose or preserve information associated with your use of MyOnlineSafe, including (without limitation) your personal information and content, or information that we acquires about you through your use of MyOnlineSafe (including your IP address and third-party information) when we believe that this is necessary (a) to comply with applicable law or to respond to legal process from competent authorities; or (b) to enforce this contract or protect our rights or property or the rights of other users. This is detailed further in our Privacy Policy https://myonlinesafe.com/privacy-policy.
You warrant to us that you own or have all permissions and licences necessary to upload to MyOnlineSafe all of Your Content. By uploading Your Content to MyOnlineSafe, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence to use and distribute Your Content (if a Registered User) to your Nominees or (if you are a Nominee) to the relevant Registered User.
VIRUSES, HACKING AND OTHER OFFENCES
You must not introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful to MyOnlineSafe. You must not attempt to gain unauthorised access to MyOnlineSafe, the server on which MyOnlineSafe is stored or any server, computer or database connected to MyOnlineSafe. You must not attack MyOnlineSafe via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you might 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 your MyOnlineSafe account 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 MyOnlineSafe or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO AND FROM MYONLINESAFE
You may link to our home page, 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.
MyOnlineSafe must not be framed on any other site, nor may you create a link to any part of MyOnlineSafe other than the home page. 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 these Terms.
If you wish to make any use of material on MyOnlineSafe other than that set out above, please address your request to info@myonlinesafe.com.
Where MyOnlineSafe contains 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.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you have purchased an account for a Gift Recipient, you may transfer the benefit of the implied warranties granted by the law to the Gift Recipient without needing to ask our consent.
These Terms are a contract between you and us. No other person except a Gift Recipient shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise, against us.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to MyOnlineSafe 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 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.
VARIATIONS
We may revise these Terms at any time by amending this page and, where appropriate, will notify those changes to you by e-mail. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you immediately (or, if you are a Registered User or a Gift Recipient, immediately after the expiry of the relevant term and will apply to any renewal term). Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on MyOnlineSafe.
YOUR CONCERNS
If you have any concerns about material which appears on MyOnlineSafe or questions about your MyOnlineSafe account, please contact support@myonlinesafe.com