1. Agreement to Terms
1.2. You understand and agree that MeaVitae is not a lawyer nor a law firm and does not engage in the practice of law or provide legal advice or legal representation. All information, software, services, and comments provided on the Site are for informational and self-help purposes only and are not intended to be a substitute for professional legal advice.
1.3.1. You are an individual.
1.3.2. You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4. To access the Site, you will be provided with a hardware security key. You understand and agree that MeaVitae 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, for the loss of access to your encrypted data if you should lose your hardware security keys.
1.7. The supplemental policies set out in Section 1.12 below, as well as any supplemental terms and conditions or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.9. We may update or change the Site from time to time to reflect changes to our products, services, users’ needs and/or business priorities.
1.10. Our Site is directed to people residing in England and Wales. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.12. Additional policies which also apply to your use of the Site include:
1.12.1. Our Privacy Notice sets out the terms on which we process any personal data you collect or provide to us. By using the Site, you consent to such processing and warrant that all data you provide is accurate. We cannot access any information you store within your secure digital vault.
1.12.2. Our Cookies Policy sets out information about the cookies on our site.
2.1. Provided that you are eligible to use the Site, you are granted a revocable, non-exclusive, non-transferable licence to access and use the Site and Our Content (as defined in clause 7.1) and to download or print a copy of any portion of Our Content to which you have properly gained access solely for your personal, non-commercial use.
2.2. If you access the Services via the App, then we also grant you a revocable, non-exclusive, non-transferable licence to install and use the App on wireless electronic devices owned or controlled by you and to access and use the App on such devices solely for your personal, non-commercial use.
3. Licence Restrictions
3.1. You may not access or use the Site for any purpose other than that for which we make the Site and our Services available. The Site may not be used in connection with any commercial endeavours except those specifically endorsed or approved by us.
3.2. As a user of this Site, you agree to:
3.2.1. except in the course of permitted sharing, not rent, lease, sub-license, loan, provide, or otherwise make available, the Site or the Services in any form, in whole or in part, to any person without prior written consent from us;
3.2.2. not copy the Site or Services, except as part of the normal use of the Site or where it is necessary for back-up or operational security;
3.2.3. not translate, merge, adapt, vary, alter or modify the whole or any part of the Site or Services, nor permit the Site or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Site and the Services on devices as permitted in these terms;
3.2.4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Site or the Services nor attempt to do any such things, except to the extent that (under sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Site to obtain the information necessary to create an independent program that can be operated with the Site or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
220.127.116.11. is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it to achieve the Permitted Objective;
18.104.22.168. is not used to create any software that is substantially similar in its expression to the Site;
22.214.171.124. is kept secure; and
126.96.36.199. is used only for the Permitted Objective; and
3.2.5. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Site or any Service.
4. Acceptable Use Restrictions
4.1. As a user of this Site, you must not:
4.1.1. use the Site or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Site, any Service or any operating system;
4.1.2. infringe our intellectual property rights or those of any third party in relation to your use of the Site or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
4.1.3. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Site or any Service;
4.1.4. use the Site or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
4.1.5. collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
4.1.6. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use;
4.1.7. engage in unauthorized framing of or linking to the Site;
4.1.8. trick, defraud, or mislead other users and us, especially in any attempt to learn sensitive account information such as user passwords;
4.1.9. make improper use of our support services, or submit false reports of abuse or misconduct;
4.1.10. engage in any automated use of the system or using any data mining, robots, or similar data gathering and extraction tools;
4.1.11. interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site;
4.1.12. attempt to impersonate another user or person or use the username of another user;
4.1.13. sell or otherwise transfer your profile;
4.1.14. use the Site or Our Content as part of any effort to compete with us or to create a revenue-generating endeavour or commercial enterprise;
4.1.15. attempt to access any portions of the Site that you are restricted from accessing;
4.1.16. harass, annoy, intimidate, or threaten any of our employees, agents, or other users;
4.1.17. behave in a way which may annoy any of our employees, agents, or other users by, for example, sending unsolicited communication, promotions or advertisements, or spam.
4.1.18. delete the copyright or other proprietary rights notice from any of Our Content;
4.1.20. upload, store or transmit any illegal or explicit content;
4.1.21. use, launch, or engage in any automated use of the system, such as using robots, scrapers, offline readers, or similar data gathering and extraction tools;
4.1.22. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
4.1.23. use the Site in a manner inconsistent with any applicable laws or regulations; or
4.1.24. falsely imply a relationship with us or another company with whom you do not have a relationship.
5. Information you provide to us
5.1. You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; and (c) you will keep your password and PIN confidential and hardware encryption key secure and will be responsible for all use of your password, PIN and account.
5.2. If you know or suspect that anyone other than you knows your user information (such as an identification code or user name), password and/or your hardware encryption key has been compromised, you must promptly notify us at [email protected]
5.3. If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you enter if we determine that such user name is inappropriate.
6. Third-Party Accounts
6.1. If the functionality of the Site allows it, you may link your account with online accounts you may have with third-party service providers (each such account, a Third-Party Account) by either: (a) providing your Third-Party Account login information through the Site; or (b) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
6.3. By granting us access to any Third-Party Accounts, you understand that (a) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the Third-Party Account Content) so that it is available on and through the Site via your account, and (b) we may submit and receive additional information to your Third-Party Account to the extent you are notified when you link your account with the Third-Party Account.
6.4. Depending on the Third-Party Accounts you choose and subject to the privacy settings you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Third-Party Account Content may no longer be available on and through the Site.
6.5. You can disable the connection between your account on the Site and your Third-Party Accounts at any time. Please note that your relationship with the third-party service providers associated with your Third-Party Account(s) is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any Third-Party Account Content for any purpose, including but not limited to accuracy, legality or non-infringement, and we are not responsible for any Third-Party Account Content.
7. Our Content
7.3. You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose, including error correction, any modifications, adaptations, additions or enhancements to the Site or Our Content, except for the modification of digital files you have purchased from the Service marketplace or have access to as part of your subscription with us.
7.4. We shall prepare the Site and Our Content and provide our Services with reasonable skill and care.
7.5. Our Content on the 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 taking, any action based on any information on the Site.
7.6. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
8. Your Content
8.1. Some of our Services allow you to store or share files, documents, communications and messages on the Site (Your Content). You own and are responsible for all Your Content.
8.3. If you share Your Content with other users on the Site, you understand that they may be able to use, save, record, reproduce, broadcast, transmit, share and display Your Content. If you do not want other users to use Your Content this way, you must not make Your Content public or share it with other users.
9. Link to third-party content
9.1. The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third-party operator. We are not responsible for and do not endorse third-party websites or applications or their availability or content.
10. Site management
10.2. We cannot guarantee that the Site will be free from bugs or viruses.
10.3. Assuming adherence to section 5.1(c), we guarantee that the Site will be secure and that we have no visibility to the information stored in your secure digital vault.
10.4. You are responsible for configuring your information technology, computer programs and platform to access the Site, and you should use your virus protection software.
11. Modifications to and availability of the Site
11.1. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice.
11.2. We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
11.3. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time without prior notice.
12. Disclaimer/Limitation of Liability
12.3. Our responsibility for loss or damage suffered by you:
12.3.1. Whether you are a consumer or a business user:
188.8.131.52. 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.
12.3.2. If you are a business user:
184.108.40.206. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof, including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
220.127.116.11. Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £1000 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period before any cause of action arising. Different limitations and exclusions of liability may apply to liability arising from the supply of any products to you.
18.104.22.168. 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:
22.214.171.124.1. use of, or inability to use our Site/Services; or
126.96.36.199.2. use of or reliance on any content displayed on our Site.
188.8.131.52. In particular, we will not be liable for:
184.108.40.206.1. loss of profits, sales, business, or revenue;
220.127.116.11.2. business interruption;
18.104.22.168.3. loss of anticipated savings;
22.214.171.124.4. loss of business opportunity, goodwill or reputation; or
126.96.36.199.5. any indirect or consequential loss or damage.
12.3.3. If you are a consumer user:
188.8.131.52. we will either repair the damage or pay you compensation if defective digital content that we have supplied damages a device or digital content belonging to you. This is caused by our failure to use reasonable care and skill.
13. Term and Termination
13.3. Without affecting any other right or remedy available to us, we may terminate your use of the Site or Service with immediate effect by giving notice to you if:
13.3.1. you fail to pay any amount due to us under our agreement with you on the due date for payment and remain in default more than seven (7) days after being notified to make such payment;
13.3.2. you commit a material breach of any term of this agreement and (if such breach is remediable) fail to remedy that breach within seven (7) days after being notified to do so; or
13.3.3. you repeatedly breach any of the terms of this agreement.
13.4. If we determine, in our sole discretion, that your use of the Site and/or the Services is in breach of any applicable law or regulation, we may terminate your use of the Site and the Services, without notice, in our sole discretion.
13.5. If we terminate or suspend your account for any reason set out in this Section 12, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.
14. Mobile Application
14.1. If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
14.2. The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:
14.2.1. The licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;
14.2.3. In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
14.2.4. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
14.2.5. You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and
15.1. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site satisfy any legal requirement that such communication is in writing.
15.2. You hereby agree to use electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
15.5. We may assign any or all of our rights and obligations to others at any time.
15.6. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control (such as natural disaster, fire, strike or pandemic).
15.12. To resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us by email at [email protected] or by post to:
The Data Protection Officer
1a The Quadrant Courtyard
Weybridge, KT13 8DR