Background. TRYMEHERE Limited ("TRYMEHERE", "Us" or "We") provides a real-time contact management service by means of an online information exchange web site ("TRYMEHERE Service"). Our address is 20-22 Bedford Row, London, WC1R 4JS, UK, our Company registration number is 5394386 and you can contact us by sending an email to corporate@trymehere.com.
The TRYMEHERE Service enables users ("Publishing Members") to provide information on how they can be contacted, i.e. availability guidance, contact details and activity information ("Information"), to other authorised users ("Members"). The TRYMEHERE Service operates only as an automated interface between Publishing Members and Members (jointly "Members") and does not check, monitor, vet or verify any of the Information. In consideration of TRYMEHERE authorising you ("You") to use the TRYMEHERE Service, You agree that Your use of the TRYMEHERE Service is subject to the following terms ("Terms"):
- Eligibility to use the TRYMEHERE Service. You warrant on an ongoing basis that:
- You are eighteen (18) years of age or older; and
- You will not (and do not intend) to use the TRYMEHERE Service for, in connection with, or to assist any criminal, illegal or otherwise prohibited activity including, without limitation:
- those prohibited by any local, state, national or international laws, regulations or conventions;
- non 'opt-in' commercial marketing activities;
- the ‘spamming’ of other Members, or selling, giving, making available or otherwise distributing information to a spammer or other third parties.
- communicating using language which, or in any manner that, is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory, or racially, ethnically or otherwise objectionable;
- the infringement of any third party’s rights; and/or
- activities contravening TRYMEHERE’s etiquette guidelines.
- Complaints. You should report objectionable actions or behaviour by emailing data_protection_officer@trymehere.com.
- Use of the TRYMEHERE Service. Your right to use the TRYMEHERE Service is personal, non-exclusive, non-transferable, non-sub-licensable, terminable and is subject to these Terms. If You do not agree with any of the Terms, please do not use the TRYMEHERE Service and delete Your personal profile by clicking on the delete link on the home page.
- Registration and Accuracy and Updating of Your Information. You must register before using the TRYMEHERE Service. You warrant that the Information You provide is true, accurate, current, and that it belongs to You and that You will keep Your Information up-to-date at all times. You are responsible for monitoring Your account, updating Your preferred email address as necessary, changing Your password periodically and notifying TRYMEHERE immediately of any unauthorized use, or breach of security, of Your password. You may delete Your Information at any time by clicking on the delete link on the home page.
- Publishing Member’s Subscription Account. No subscription is required for You to use the TRYMEHERE Service as a Member. If You want to upgrade to a Publishing Member you must pay an annual subscription ("Subscription"). TRYMEHERE may, at its sole discretion, offer Members thirty days free use of the TRYMEHERE Service as a Publishing Member without a Subscription, at the end of which Your Information will be deleted unless You "opt-in" by taking out a Subscription to be a Publishing Member.
- Subscription Length and Renewal. Each Subscription shall be for a period of twelve months, unless ended earlier in accordance with these Terms. At the end of each twelve month period, We shall renew Your Subscription for a further twelve months unless, prior the end of the eleventh month of the Subscription, You ask Us not to renew, or We decide not to renew, Your Subscription.
- Subscription Cancellation. You may cancel Your Subscription at any time and for any reason by sending an email notice to finance@trymehere.com. If You cancel Your subscription within thirty (30) days of subscribing, You will receive a full refund, unless We have terminated Your TRYMEHERE Service for misuse. If You cancel your account more than thirty (30) days after subscribing, You will not receive any refund of your Subscription, but Your account will remain active until the end of that Subscription term (but you may delete Your Information at any time). Subscription fees will not be prorated or refunded for partial use.
- Subscription Rates. Our Subscription rates applicable to You from time to time are available on Our website ("Rates"). Rates include applicable value added tax. If We change Our Rates We will publish revised Rates on Our website and will notify You of any change applicable to Your Subscription renewal. We may charge different Rates in different countries and / or may provide volume discounts.
- Subscription Payment. You may pay Your Subscription by credit card. You agree to provide Us with the information we need to process payment and You authorise Us to share such credit card information with PayPal or other payment processor to the extent required to process your payment. We will use commercially reasonable business practices to secure your credit card information. You must promptly notify Us promptly of any misuse of your credit card account.
- Subscriptions paid by Companies. Your Subscription is personal to You, and We will not terminate your Subscription or alter Your Information except on your instructions even if you leave the employment of an employer who has paid Your Subscription on Your behalf.
- Termination. We may suspend or terminate Your Subscription if you breach these Terms or misuse the TRYMEHERE Service (by reference to these Terms, our Privacy policy, the Members’ etiquette rules available on Our website and any express instructions We may give You concerning use of the TRYMEHERE Service). Your Subscription fee will not be refunded or prorated if we terminate Your Subscription.
- Personal Data. We will process Your Information and all other personal data provided to Us by You in accordance with Our Privacy Statement. You agree on an ongoing basis that all Information and data you provide to Us, and make available to Members, is accurate and complete to the best of your ability.
- Personal Data Ownership. We do not own or control Your Information, however in providing You with the TRYMEHERE Service we will process Your Information on your behalf as described in our Privacy Policy. TRYMEHERE does not currently have a parent company, any subsidiaries or other associated companies, but if We undergo a transfer of ownership or merger We will inform You as soon as appropriate and You may choose to continue or discontinue Your use of the TRYMEHERE Service.
- Accuracy of Information. We do not validate or check Publishing Members’ Information and You should take Your own precautions regarding the validation of Members’ identities. You should report any instances of possible impersonation by emailing data_protection_officer@trymehere.com. Comments, views and opinions expressed by Members on the web site or as part of the TRYMEHERE Service are their views alone and are not Our views or opinions
- Tampering. You should not engage in potentially harmful acts including, without limitation:
- Introducing denial of service attacks, viruses, worms, software, Trojan horses or other similar harmful code into either the public web site (www.trymehere.com) and TRYMEHERE Service site (service.trymehere.com).
- Causing, allowing, robots or automated services to access or use the TRYMEHERE Service without Our written permission.
- Tampering with the operation, functionality or the security of the TRYMEHERE Service.
- Misusing, tricking, disrupting or otherwise interfering with the web site or TRYMEHERE Service.
- Forging names, impersonating any other person or Member for any reason.
- No Modifications. Material on Our web sites may not be copied, reproduced, recreated whether directly or in derivative form, republished, uploaded, posted, transmitted, distributed or modified in whole or in part, whether in text, graphical, audio, video or executable form, except with Our written permission.
- Links. Links and references to other web sites are provided to you as a convenience only. We do not expressly or through implication endorse other web sites or any information or material and do not assume any responsibility for any such other web sites, information or material posted thereon, or products or services offered thereon. You may not create links from other web sites to this web site without Our written permission. To apply for permission, contact Us at marketing@trymehere.com.
- Member Forum. We host (but do not monitor or control) a forum to enable You to provide feedback. However, We reserve the right to monitor, edit, refuse to post or to remove any
information or materials on the forum at any time. If You use the forum You agree not to:
- post any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, or any expression of bigotry, racism, hatred or harassment, including without limitation any transmission which constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, provincial, federal or foreign law;
- post or in any way exploit any information, software or material for commercial purposes or which contains solicitations for sales or purchases, advertising, promotion or marketing; and/or
- restrict or inhibit any other Member from using and enjoying the forum.
- Accuracy of data or information. Information or material on Our public web site or TRYMEHERE Service site may not be up-to-date, accurate, error-free or complete.
- Security. We use commercially reasonable business and technical practices to secure Our public web site and the TRYMEHERE Service site. We do not guarantee the security of data or information and shall not be responsible for infiltration or hacking , provided that We use such commercially reasonable practices.
- Limited Warranty. We warrant to You that We will provide the TRYMEHERE Service to You using the reasonable skill and care of a small English online service-provider. Without excluding Your statutory rights, we do not make any other warranty concerning the TRYMEHERE Service or Your use of the Service. If we breach our warranty to you, or any other implied warranty or duty, We will, at our discretion, either provide You with an additional free Subscription or refund your Subscription. Without excluding Your statutory rights, You agree that the additional free Subscription or refund will be your sole remedy for any breach by Us of these Terms and/or any warranty.
- Limitation of Liability. We do not exclude any liability for death, personal injury or fraud caused by our deliberate or negligent acts. Subject to this, Our total aggregate liability to You in respect of any loss or damage suffered by You caused, directly or indirectly by any of Our acts or omissions (negligent or otherwise) and your use of (or inability to use) the TRYMEHERE Service (whether functioning correctly or not) shall not exceed £200. We will not be liable to You for any unforeseen loss or damage, including any inability to contact any Member and any consequences of failed or delayed communication with any Member, regardless of whether this is caused by Us deliberately, negligently or otherwise. You agree to mitigate any loss or damage suffered by You.
- Intellectual property. You acknowledge and agree that all Intellectual Property rights of the Our public web site and the TRYMEHERE Service site ("IPRs") are, and shall remain, the property of TRYMEHERE and its licensors. Nothing in this Agreement is intended to transfer or licence any IPRs.
- Confidentiality. You agree to take all reasonable steps at all times to protect and maintain any confidential information and Information.
- Complete agreement. These Terms are the entire agreement between You and Us in relation to their subject matter, and replace all prior agreements, draft agreements, arrangements, undertakings or collateral contracts of any nature.
- Variation. No variation of these Terms shall be effective unless made in writing and signed by or on behalf of each of the parties.
- Applicable law. These Terms are subject to English law. You and We submit to the exclusive jurisdiction of the English Courts.
(last updated: 09/08/2006)