These Terms apply whenever you use our website at www.mytimeto.co.uk and/or any of our other online or mobile content and services (collectively, the “Site”), as operated from time to time by or for MyTime Retirement Limited (“MyTime”, “we”, “us” or “our”).
1 USE OF THE SITE
In these Terms (in addition to the definitions given above):
“Account” means any account for which a user has registered in order to access certain Services;
“Content” means any and all content accessible on or via the Site (including text, video and/or audio content, designs, photographs, trade marks, data, information, ideas, communications, links, compilations and other material, as well as their selection and arrangement);
“Member” means any user who has registered as a member of the Site, and “Membership” shall be understood accordingly; and
“User” means any end user of the Site, whether a registered or unregistered user of the Site.
In these Terms, any reference to “including”, “other”, “for example” or any similar words is without limitation.
1.2 Use of the Site
The Site is provided and operated by or for MyTime Retirement Limited, a company registered in England and Wales (company number 9340768), whose registered office is at Flat 4, De Montalt Mill, Summer Lane, Bath BA2 7EU, United Kingdom.
Ed – I’m going to change the registered address to: 3a Lansdown Road, Bath, BA1 5DU
The Site is maintained, controlled and operated by us from or via our facilities in the United Kingdom. We make no representation that the Site or the Content is appropriate or available for use in any other country.
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or modify any part of the Site with or without notice. At our discretion we may notify you at your email address as supplied to us.
We do not guarantee that the Site will be available at any particular time or for any period of time. From time to time, we may restrict access to all or part of the Site to Users who have registered with us as Members.
When using the Site, you must at all times comply with these Terms. You are responsible for making all arrangements necessary for you to have access to the Site and for all connection and other charges incurred in using the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms, and that they comply with them.
1.3 Age restriction
The Site is intended for use by retired individuals aged 50 or over, or by adult representatives of organisations [or individuals] that wish to bring volunteering or work opportunities to the attention of such individuals or to provide them with advice. As such, the Site is only intended for use by individuals aged 18 years or older.
Accordingly, the Site is not directed to minors under the age of 18, and we shall not knowingly collect personally identifiable information from anyone under 18. No information should be submitted or posted to or on the Site by anyone under the age of 18.
1.4.1 Requirement to register. To access and use certain Services via the Site, you will need to register as a Member. An Account allows you to create and maintain a personal profile and to use certain Services on the Site.
1.4.2 Registering as a Member. To be eligible to register as a Member, you must be at least 50 years old. To register as a Member, you will need to do so here.
1.4.3 Creating an Account. To create an Account, you will be required to register as a Member and to accept these Terms.
1.4.4 Usernames. When registering as a Member you must select a unique username and password and provide certain other requested information (including details of your organisation if you are registering on behalf of an organisation). You agree that you will: (a) provide truthful, accurate, current and complete information about you whenever prompted or permitted by any Site registration process (“Personal Data“); and (b) maintain and promptly update your Personal Data and keep your Personal Data accurate, current and complete. We reserve the right to carry out spot checks on Users’ profiles.
You must not use your password as your username.
You cannot use a username that is already allocated to another Member, and it is a condition of your right to use the Site that you do not choose a username that is obscene or otherwise offensive. We are entitled (but not obliged) to filter out certain words that we consider unacceptable, but please note that any such process can never be a comprehensive filter. We therefore reserve the right to terminate your Membership and Account if, in our discretion, we consider that your username (or its use) is offensive. If for any reason your Membership or Account is terminated, we may issue the same username to a subsequent registered Member.
1.4.5 Security. You agree to maintain the security of your username, password and other Personal Data, and not to allow anyone else to use your username or password. YOU ARE FULLY RESPONSIBLE AND LIABLE FOR ALL USE OF, AND ALL ACTIVITY CARRIED OUT UNDER, YOUR USERNAME AND PASSWORD ON ANY SERVICE (WHETHER BY YOURSELF OR BY A THIRD PARTY WHO HAS BECOME AWARE OF YOUR USERNAME AND PASSWORD THROUGH YOUR DELIBERATE ACT OR NEGLIGENCE). Any misuse of your registration details should be reported to MyTime as soon as you become aware of such misuse.
1.4.6 Registration limitations. Registration does not mean that you can use your Membership or Account for all Services that we may offer via the Site, some of which may be subject to additional terms, conditions and/or restrictions, such as eligibility criteria that you may not meet.
1.4.7 Profiles and communications made on the Site. If you are a Member, you can control how your personal information is shared on the Site via your privacy settings. You accept that your personal profile (to the extent made visible by you) and communications with other Users via any user group, forum or other means of communication on the Site are public communications, and that you have no expectation of privacy concerning any such profile and communications or your use of any Service. You acknowledge that information that you choose to communicate publicly via the Site may be seen and used by others and might result in unsolicited communications. MYTIME IS NOT RESPONSIBLE FOR INFORMATION THAT YOU CHOOSE TO COMMUNICATE TO OTHER USERS VIA THE SITE OR ANY SERVICE, NOR ARE WE RESPONSIBLE FOR THE ACTIONS OF OTHER USERS (UNLESS WE BECOME RESPONSIBLE FOR SUCH ACTIONS UNDER APPLICABLE LAW).
1.4.8 Termination of your Membership or Account. You or we may terminate your Membership or Account at any time and for any reason, and we may at our discretion terminate your Membership or Account without any further formality if we have reason to believe that you have failed to comply with any of these Terms. To terminate your Membership or Account, please contact us (details below). We shall terminate it as soon as reasonably practical after receiving your termination request. If we terminate your Membership or Account for any breach of these Terms on your part, you will not be permitted to re-register as a Member without our express permission.
1.5 Proprietary rights
1.5.1 Content. With the sole exception of User Content (as defined below), all copyright, trade marks (registered or unregistered), database rights and other intellectual property rights in and to the Site and the Content are exclusively owned by MyTime or its licensors. All rights are reserved.
No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means (in whole or in part) without our prior written permission. We grant you a limited licence to access and use the Site and to download or print any page of the Site to which you have properly gained lawful access solely for your personal, non-commercial reference, as long as you keep all copyright or other proprietary notices intact.
Except as specifically authorised in these Terms or separately permitted in writing by us, any use of the Site or the Content is strictly prohibited. Unauthorised use may also violate applicable laws (such as copyright laws).
Any licence granted to you under these Terms is revocable at any time. All moral rights of the respective authors of any Content are hereby asserted.
1.5.2 User Content. In these Terms “User Content” means any and all Content that you (or any other User(s) on your behalf) submit, post, upload, publish, display, transmit, share, store or otherwise make available on, via or in connection with the Site (collectively, “post“).
You grant us the worldwide, perpetual, payment-free and transferable licence (with the right to grant sub-licences) to use, reproduce, publicly display, edit, modify, translate, disclose, communicate, broadcast, distribute and format in any manner we choose all or any part of any User Content via the Site. To the fullest extent permitted by law, you irrevocably waive, and agree not to assert, any so-called “moral rights” that you may have in any User Content.
You are solely responsible and liable for the content, accuracy, completeness and legality of User Content. Accordingly, you warrant and undertake to us that: (a) you have the full legal right to post any User Content and to grant to us the rights in such User Content specified in these Terms; and (b) no User Content does or will violate or infringe any third-party rights (including copyright, trade marks and/or privacy rights) or contain defamatory or otherwise unlawful material.
Where permitted by you or required by a court or other competent authority or permitted by law, we may disclose your identity to any third party claiming that any User Content constitutes a violation of such third party’s rights.
We are under no obligation to keep secure or to store any User Content for any period of time and shall have no liability to you for any damage, loss, liability, cost or expense incurred by you as a result of the loss or deletion of any User Content. You are solely responsible for creating any back-up copies of any User Content.
1.6 User conduct and acceptable use
1.6.1 User responsibility. You accept that you are personally responsible for your use of the Site and for all of your communication and activity on or via the Site (including any User Content).
1.6.2 Interactive Services. You also accept that we may provide interactive services to Users (“Interactive Services“), which may include the ability to post opportunities, advice or other material. You accept that we may (but need not) review the Site and delete or remove any User Content at our discretion, including User Content that, in our judgement, might be offensive or illegal, or might violate the rights (or harm or threaten the safety) of Users or others.
1.6.3 Moderation. While we reserve the right to moderate the use of the Site, we are under no obligation to oversee, monitor or moderate any Interactive Service or User Content.
1.6.4 Complaints. We are concerned to address any objectionable Content, particularly in the context of any potential safeguarding or welfare issues. You may make complaints by written notice to us (contact details below). We may also provide reporting buttons beside posts that you can use to report any objectionable Content. WE DO NOT, HOWEVER, ACCEPT ANY LIABILITY FOR ANY FAILURE TO REMOVE (OR DELAY IN REMOVING) ANY CONTENT.
1.6.5 Prohibited use. You must not:
use the Site in any unlawful manner, nor for any unlawful purpose, nor in any other manner that could damage, disable, overburden or impair the Site or any Content (including by posting any virus or other malicious material);
engage in “trolling” or make any personal attacks on other Users or third parties;
post any disrespectful, impolite, harmful, offensive, indecent, abusive or otherwise objectionable or unlawful Content;
impersonate any person or entity, or misrepresent yourself, your age or your affiliation with any person or entity;
harvest or collect email addresses or other contact information of other Users by electronic or other means (except where willingly provided to you by a User in response to a specific solicitation from you);
except to the extent that we have authorised you to do so (for example, by enabling the solicitation of, or search for, a particular role at an organisation):
(a) post any advertising, promotion, spam or other form of solicitation; or
(b) add link(s) to any post in a way that would promote an organisation or its products, content, services or activities; and/or
post any personal information of any third party.
1.6.6 Content standards. Any and all material that you contribute to the Site must be accurate (where stating facts) or genuinely held (where stating opinions) and must in any event comply with the other requirements of this section 1.6 and with any applicable law. We reserve the right to remove any offending User Content from the Site, to suspend or block your access to the Site and/or to take such other action as we may believe is reasonably required.
1.7 Your personal information
2 OTHER IMPORTANT TERMS
2.1 Limitation of liability
Any information contained in the Site is intended for general information purposes only. We make reasonable efforts to provide information that is accurate at the time of inclusion, but there may be errors or omissions.
Unless and to the extent only that the following exclusions are incapable of exclusion by applicable law, the Site and all its features are used by you at your risk and are provided on an “as is” and “as available” basis without any guarantees, warranties, representations, terms or conditions of any kind (whether express or implied by legislation or operation of law).
To the fullest extent permitted by law:
we disclaim all guarantees, warranties, representations, terms and conditions of any kind (express or implied) in relation to the Site (or any content or services made available on or via the Site) and, for example, we do not give any assurance that the Site will be available at all or at any times or that the Site or Content will be error-free, uninterrupted or secure;
neither MyTime nor any of its affiliates, licensors, suppliers, successors and assignees or its or their respective officers, employees, agents or contractors (together, the “MyTime Parties” and each, a “MyTime Party“) shall be liable to you for any indirect, special or consequential loss that is suffered or incurred by you in connection with your use of, or inability to use, the Site, and that constitutes wasted management or office time and/or loss of income, business, profits, contracts, anticipated savings, data and/or goodwill; and
in particular, no MyTime Party shall be liable for any damage to your equipment or any computer software or system or loss of data or of other content that may result from the download, installation and/or use of any material or software accessed via or for use of the Site, nor does any MyTime Party endorse, warrant or guarantee any third-party product, content or service offered via the Site, nor will any MyTime Party be a party to (or in any way be responsible for monitoring) any transaction between you and third-party providers of products, content or services.
Despite the above:
Some jurisdictions may not allow the exclusion or limitation of certain guarantees, warranties, representations, terms or conditions. Where that is the case (and to such extent), the exclusions and limitations of liability in these Terms may not apply to you.
Nothing in these Terms in any way limits any MyTime Party’s liability to you for: (A) death or personal injury caused by our negligence; (B) fraud or fraudulent misrepresentation; (C) any deliberate repudiatory breaches of these Terms by such MyTime Party; (D) any loss or damage (whether financial or otherwise) that is a direct and foreseeable result of any breach of these Terms on such MyTime Party’s part; (E) any breach by such MyTime Party of any provisions implied into these Terms by applicable law; and/or (F) any other liability (such as gross negligence or wilful misconduct) to the extent that such liability cannot be excluded or limited under applicable law.
NOTHING IN THESE TERMS AFFECTS YOUR RIGHTS AS A CONSUMER UNDER LAW. If you would like information on such rights, you should contact your local trading standards service or citizens’ advice bureau.
2.2 Other services
2.2.1 Third-party services. No MyTime Party is responsible or liable for any products, content, services or activities provided by or for third parties via or in connection with the Site (or any technical or other issues that may arise from such provision). We have no control over third-party products, content, services or activities and make no assurances of any kind about them.
2.2.2 Links. No MyTime Party is responsible for any links to third-party sites (or content of or made available via any such third-party site) that may be provided on the Site by us or by any user of the Site. Such links do not constitute endorsements by any MyTime Party. We have no control over the content of linked sites and make no assurances of any kind about third-party sites.
You may link to the home page of the Site only, as long as 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 site that is not owned by you. [Ed, does this mean a user can’t add a link to an interesting site or article they’ve found that’s relevant to retirement? This might restrict the social media aspect of the site] The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The site from which you are linking must comply in all respects with the content standards set out in these Terms.
From time to time we may run promotions via the Site. These may be subject to additional rules, terms and/or conditions, which will be made known to you at the relevant time.
2.4 Suspension and termination
We may, at our discretion, suspend or terminate the provision of any part of the Site or restrict your access to it without any prior notice to you where, for example: (a) we consider that you are acting in breach of any of these Terms; (b) there is a regulatory or statutory change limiting our ability to provide such part of the Site; and/or (c) any event beyond our reasonable control prevents us from continuing to provide such part of the Site (such as technical difficulties or communications failures).
2.5 Various other important terms
No agency etc. No agency, employment relationship, partnership or joint venture is intended or created by these Terms and/or by the Site or any Service. WITHOUT LIMITING THE FOREGOING, IF YOU ENTER INTO ANY FORM OF EMPLOYMENT OR ENGAGEMENT WITH ANY OTHER USER, THE TERMS AND CONDITIONS OF SUCH EMPLOYMENT OR ENGAGEMENT SHALL BE ENTIRELY SUBJECT TO SEPARATE CONTRACT BETWEEN YOURSELF AND THE RELEVANT OTHER USER, AND YOU IRREVOCABLY ACKNOWLEDGE THAT WE SHALL NOT BE INVOLVED IN SUCH CONTRACT IN ANY LEGAL CAPACITY (WHETHER AS AGENT, PRINCIPAL OR OTHERWISE).
Assignability. You may not assign, sub-license or otherwise dispose of any of your rights under these Terms.
Entire agreement. These Terms (including all provisions incorporated by reference in these Terms) contain the entire agreement, and supersede any previous agreement (whether oral or written), between MyTime and you in relation to the subject-matter of these Terms. Nothing in these Terms shall, however, limit or exclude any liability for fraud.
Prevalence. Except as otherwise specified in these Terms, in the event of any inconsistency between these Terms and any other terms and conditions referred to in these Terms, the provisions of these Terms shall prevail. For this purpose, however, an omission shall not be understood as giving rise to an inconsistency.
Third-party rights. These Terms do not confer any rights or remedies on any person other than the parties to these Terms, except that any MyTime Party may enforce any right or remedy expressly conferred on such MyTime Party under these Terms.
Non-waiver. Failure to insist on strict performance of, or to exercise any right or remedy under, these Terms shall not constitute a waiver of that right or remedy and shall not relieve the defaulting party from compliance with such party’s obligations.
Severability. If any provision(s) of these Terms is found to be invalid, unlawful or unenforceable by any court or other authority of competent jurisdiction, the remaining provisions will continue to be valid, lawful and enforceable to the fullest extent permitted by law.
Governing law and jurisdiction. Except to the extent otherwise required by applicable law (for example, to give effect to your rights as a consumer under the law of the country in which you are resident), these Terms and any related dispute or claim (contractual or non-contractual) shall be governed by, and interpreted in accordance with, English law and subject to the non-exclusive jurisdiction of the English courts. We reserve the right to bring any action in any other court of competent jurisdiction.
2.6 Contact us
If you have any queries on these Terms or our content or services, please contact our support service:
by email to [email address]; or
by post to MyTime Retirement Limited at [address], marked for the attention of our [position].
I’ve marked these as a reminder to us to complete them
2.7 Changes to these Terms
We reserve the right to make changes to any part of the Site and/or to these Terms from time to time. We shall notify you of any changes to these Terms by posting the modified Terms on the Site (including the date on which these Terms were last modified). If you use the Site after we have posted such changes, you will, by continuing to use the Site, be agreeing to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, you should not continue to use the Site.
Last modified: Feb 10, 2016