MyFalcon Limited Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

What’s in these terms?

These terms tell you the rules for using our website http://myfalcon.co.uk (our site).

Who we are and how to contact us

http://myfalcon.co.uk is a site operated by MyFalcon Limited (“we” and “us”, “our” are to be constructed accordingly). We are registered in England and Wales under company number 09968481 and have our main trading address is SoanePoint, 6-8 Market Place, Reading, RG1 2EG

We are a limited company.

To contact us, please email support@myfalcon.co.uk

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy (http://myfalcon.co.uk/platform/privacy_policy.html), which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy (http://myfalcon.co.uk/platform/acceptable_use.html), which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy (http://myfalcon.co.uk/platform/cookies_policy.html), which sets out information about the cookies on our site.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our site

We may update and change our site from time to time. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw our site

We do not guarantee that our site or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Your account and Services

Access to the Services. You can access our services through your existing Twitter account, however, if you invited any third-party to use our services under the subscription you purchase, they must create their own password.

 

Free Trial and renewal. When creating a new account on our site, you will be entitled to a free trial for a period of 14 days. To enjoy this free trial period, you should not provide credit card or payment information to us. You will not be obliged to continue after your trial period is over, however, on expiry of your trial period you will be given options to subscribe to our packages and will be given an option to contact us for more custom packages.

 

Upgrade

You can upgrade at any time however, following terms apply:

  • if there is more than 15 days left of your current subscription, the charge will be the difference between the amount you have already paid for your last subscription and cost of your new subscription plus any required Value-Added-Tax for your country.
  • if there is less than or equal to 15 days left of your subscription, you must pay the full amount of your new subscription fees plus any required Value-Added-Tax for your country.

 

Cancellation. You can cancel at any time to avoid any further charges but no refund will be provided, However, on cancellation, our services will be provided to you until the end of your next payment date.  Subscriptions must be cancelled at least 2 days prior to the expiration of the applicable subscription period. If not cancelled within this time, the subscription may be automatically renewed. in such cases we will not be able to issue a refund to you.

 

Cancellation and termination by us . We may cancel your access to our site at any time if you breach any term of these terms of use or any of our Cookies Policy, Privacy Policy and Acceptable Use Policy or if we have reasonable ground to suspect that you will commit such breach.

 

Unless we are in material breach of these terms of use and that we have not cured such breach within 30 days from you notifying us the breach, you will not be entitled to any refund for the services paid.

 

Prices . The services are provided on a paid in advance basis. We will charge you immidietly and we will grant you 1 calendar month access to our services. We will not be able to issue a refund at any time during your subscription period.

You must keep your account details safe

If you choose or you are provided with (through Twitter or otherwise), a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. 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 reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@myfalcon.co.uk .

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

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 content on our site must always be acknowledged.

You must not use any part of the content on our site 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 site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

 

 

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on support@myfalcon.co.uk

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.
  • In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

  • Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, 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 an 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.

Disclaimer

The service we prove to you (including the site and its content) are provided to you on a “as is”, “where is” and “as available”. MyFalcon does not warrant or guarantee the performance or the services or any aspect or portion thereof including without limitation warranties, whether express or implied, regarding merchantability, title, fitness for any particular purpose and non-infringement.

MyFalcon makes no warranties, representations or endorsements, whether express, implied or statutory, regarding any merchandise, information, products or services provided through the internet or any other network. Furthermore, MyFalcon hereby disclaims that any services provided under these terms of use will be uninterrupted, error free, accessible at all times or that certain results may be obtained by anyone in connection with their use.

 

Limitation of liability

 

in no event shall MyFalcon, its directors, officers and employees or representatives be liable for any consequential, incidental, punitive, special, exemplary or indirect damages arising under these terms of use or related to the use of the services provided hereunder including but not limited to loss of business, profits, use, data, other economic advantage whether such claim is choate whether by statute, in tort or in contract even if we have been advised of the possibility of such damages.

 

in no event shall MyFalcon, its directors, officers and employees or representatives be liable for content that is transmitted by you or third parties including without limitation end-users over or through internet.

 

in no event shall MyFalcon, its directors, officers and employees or representatives be liable for any defect, error, interruption, delay or attenuation of services caused by or resulting from any equipment used by you.

 

in no event shall MyFalcon, its directors, officers and employees or representatives be liable for the deterioration, loss or destruction of all or part of the information stored or transmitted through the service. My Falcon assumes no responsibility at all for deficiencies or interruptions of the service that are outside its control.

 

In no circumstances shall MyFalcon, its directors, officers and employees or representatives have any liability to you with respect to, relating to or arising from the provision (or failure to provide) the service including the unavailability, impairment or late delivery of the service.

 

MyFalcon’s liability shall be limited to actual direct damages and, in any case, to the payments made by you for the service during the twelve (12) months preceding the claim.

 

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in these terms of use and in our Acceptable Use Policy http://myfalcon.co.uk/platform/acceptable_use.html .

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. You shall defend, indemnify and hold harmless MyFalcon, its directors, officers, employees and representatives from and against any and all claims, demands, suits, or proceedings for damages, costs, liabilities, expenses, attorney’s fees, equitable relief or similar relief made or brought against either of them by a third party arising out of or relating to the actual or alleged infringement or misappropriation of a third party’s intellectual property r or right to privacy by you.

 

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy http://myfalcon.co.uk/dev/acceptable_use.html.

 

You are solely responsible for securing and backing up your content.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that 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. 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 site will cease immediately.

Rules about linking to our site

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.

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 to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy http://myfalcon.co.uk/dev/acceptable_use.html.

If you wish to link to or make any use of content on our site other than that set out above, please contact support@myfalcon.co.uk

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Our trade marks are:

[“MyFalcon”] and [“MyFalcon logo”] are trade marks of MyFalcon Limited. You are not permitted to use them without our approval, to obtain approval please contact support@myfalcon.co.uk