miyoo - unclutter the world

WEBSITE TERMS AND CONDITIONS


DESCRIPTION

Miyoo.com is an innovative online service that allows its users to list and manage items and services which they are willing to share or hire between each other. Miyoo's aim is to facilitate the efficient sharing of existing products and resources between private individuals and businesses and individuals. This way Miyoo.com contributes to the preservation of earth's finite resources and allows users to have cost effective and convenient access to products and services on a sharing and hiring basis

ACCEPTANCE OF TERMS AND CONDITIONS

By using the website, you agree to be bound by these Terms and Conditions and any other guidelines or rules applicable to the services offered by MIYOO.COM that may be posted on the website from time to time. In these Terms and Conditions references to MIYOO.COM mean, where appropriate, MIYOO.COM and its owners. If you do not agree with any part of these Terms and Conditions, you may not access or use the website. If you are uncertain, contact us at "support@miyoo.com".

CHANGES TO THE TERMS AND CONDITIONS

MIYOO.COM may add to or change these Terms and Conditions and such changes will be effective immediately upon notice of the changes being posted on the website.

INTELLECTUAL PROPERTY AND CONTENT

MIYOO.COM and/or its owners, suppliers, subcontractors and agents shall retain all ownership, title and interest in the intellectual property rights contained in the content found on the website (including text, pictures, sound, graphics, articles, video or audio chips and advertising material and collations thereof) and/or data ("MIYOO.COM Material") including copyright, database rights, trade marks, patents, service marks, design rights (whether registered or not) know-how, trade or business names, domain names and goodwill in and relating to the website, all components developed and produced for the website such as updates, format, art direction, look and feel and content, and any other industrial or intellectual property rights whether registerable or not in any jurisdiction in the world and any applications to protect any of the above ("Intellectual Property Rights").

The website and each of its modules is the property of MIYOO.COM and you may not use, sell, license, transfer, copy, reproduce, re-publish, distribute, post, link to or modify in whole or in part any of the MIYOO.COM Material in any manner or form or in or on any media to any person without MIYOO.COM's prior written consent.

All trade marks, logos and service marks displayed on the website (whether registered or not) ("Marks") are proprietary to MIYOO.COM (save as otherwise stated) and your use of the website does not grant you by implication, estoppel or otherwise any licence or right to use any of the Marks without MIYOO.COM's prior written consent.

PERMITTED USE

You may access and transmit (for the purposes expressly permitted in these Terms and Conditions) and store the MIYOO.COM Material for your own personal, non-commercial use provided that you do not:

➢ remove any notices relating to the ownership of copyright or other Intellectual Property Rights in the MIYOO.COM Material;
➢ modify, translate, decipher, decompile, disassemble or reverse engineer any of the software in or relating to or comprised within MIYOO.COM Material;
➢ modify, translate, reproduce, rent, lease, publish, distribute, sub-license, loan, copy or give or transfer any rights in the MIYOO.COM Material in any form, to any person or entity.

Any material downloaded or otherwise obtained through the use of the website and/or the Internet is done at your own discretion and risk and you will be solely responsible for any use of the website and/or Internet.

THIRD PARTY SITES

Whilst MIYOO.COM offers links to third party websites ("Third Party Site(s)"), MIYOO.COM has no control over the content or appropriateness of the content of Third Party Sites and you acknowledge and agree that MIYOO.COM is not responsible for the availability of such Third Party Sites and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such Third Party Sites and which may be displayed on this website and will not be a party to or in any way responsible for any transaction entered into concerning goods or services available through such Third Party Sites.

You further acknowledge and agree that MIYOO.COM is not responsible or liable, directly or indirectly for any change or loss whatsoever and howsoever arising or resulting from your use of or reliance on any content, or goods or services available through, on or from any Third Party Sites.
It is important that you check the privacy policy, terms and conditions of use and content of Third Party Sites accessible to you from MIYOO.COM's website, as MIYOO.COM is not responsible for these.

TERMINATION

These Terms and Conditions are binding upon you and upon MIYOO.COM. If you commit a material breach of these Terms and Conditions you agree not to access and/or use the website again. MIYOO.COM shall not be obliged to notify you that a material breach has occurred.

OUR OBLIGATIONS

MIYOO.COM will use commercially reasonable endeavours to maintain the functionality of the website and prevent breaches of security.

NO WARRANTY

The website and the MIYOO.COM Material is provided to you "AS IS". Whilst reasonable care has been taken in the preparation of the website to ensure that the information contained on it is accurate, no warranty or representation of satisfactory quality or fitness for a particular purpose, non-infringement of title whether express or implied is given, nor is any warranty or representation given that the information and/or materials contained on the website are free from errors or inaccuracies.

RIGHT TO MODIFY

MIYOO.COM reserves the right at any time at its sole discretion and for legal or technical reasons without notice to you to:

➢ remove any MIYOO.COM Material which is inappropriate; and/or
➢ suspend, restrict or alter the operation of the website or the website services.

You agree that MIYOO.COM shall not be liable to you or any third party for any modification to the website or discontinuance of the MIYOO.COM services or for any deletion of MIYOO.COM Material even if such modification, discontinuance or deletion is due to MIYOO.COM's negligence.

YOUR OBLIGATIONS

You agree that you:

➢ will use this website only in accordance with these Terms and Conditions and that you will comply with all applicable laws and regulations.
➢ are responsible for the security and use of any user names or passwords needed to access the website or any website services and you will not allow any unauthorised person to access the website or any of the website services using your user name or password. You are fully responsible for all activities which occur under them.
➢ will not use the website or any of the website services as follows:

• to send, receive, upload, download, use or distribute any material that is offensive, unlawful, harmful, abusive, threatening, indecent, defamatory, obscene, racially or ethnically objectionable or in breach of any other person's intellectual property rights or breaches any obligation of confidentiality by which you are bound;
• to send or distribute multiple e-mails or messages ("Spam"), "junk mail", "chain letters", "pyramid schemes" or any form of solicitation or to cause any other person annoyance, inconvenience or worry;
• to use or attempt to use any software, engine, or any other means to navigate or search this website other than the navigation tools and search facilities available on this website and general third party browsers;
• except in connection with your own personal, non-commercial use, to extract, modify, copy, transmit, disseminate, display, reproduce, publish, license, create derivative works from, transfer and/or sell any information or software contained in the website;
• to access the website by any means other than through the interface that is provided by MIYOO.COM for use in accessing the website;
• to use or transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to the website;
• to do anything which imposes an unreasonable or disproportionately large load on the website's infrastructure;
• to use or attempt to use any device, software or routine to interfere or attempt to interfere with the proper working of the website and/or website services or servers or networks connected to the website or disobey any requirements, procedures, policies or regulations of networks connected to the website;
• to collect or store personal data about other users of this website, whether or not for commercial purposes without their consent. This means no posting of phone numbers, addresses or any other private information without the express permission of that individual. Processing of personal data (including collection of personal data from news groups or chat rooms on the website) is regulated by the Data Protection Act 1998 in the United Kingdom and equivalent legislation in other jurisdictions.

FEES

The services of MIYOO.COM are free for individuals using the website for the posting, communicating and booking of items and services on a sharing basis. For the use of the website's services for the posting, communicating and booking of items and services on a hiring basis, MIYOO.COM will not charge any fees for the first 3 (three) months of its BETA phase. After this phase, a 'listing fee' and a 'transaction fee' will be charged on such hiring services. The exact amounts and structures of those fees will be communicated to the website's users in advance of the introduction of such fees. The use of hiring services up to the point of this introduction remains free and no fees will be charged retroactively on any accounts. Likewise, users of hiring services are not committed to continue such service once a fee structure for these services will be introduced.

ADVERTISING

Users of our service may be shown advertising from time to time, such as banner ads. We keep any advertising to a minimum and only serve it to be able to continue providing MIYOO.COM as a free service. When you leave our website we have no control over, and are not responsible for, any advertising you receive whilst on another website.

INDEMNITY

You agree to indemnify MIYOO.COM against any claims, costs, expenses or legal proceedings arising from your use of the website or website services in contravention of "Your Obligations" set out above. You agree that MIYOO.COM may treat such contravention as a material breach of these Terms and Conditions and, without notice to you prevent you from accessing or using the website and/or website services.

PRIVACY AND DATA PROTECTION

For the purposes of the Data Protection Act 1998, you acknowledge that, if you:
 complete any online registration forms or provide MIYOO.COM with any personal details; and/or
 download any MIYOO.COM software to use the website services;
certain personal information or data about you will be captured electronically or otherwise transmitted to MIYOO.COM or third parties as set out in the Privacy Policy. By accessing and continuing to access the website you acknowledge that you have read and accept these Terms and Conditions, together with the terms of the Privacy Policy.

LIMITATION OF LIABILITY

MIYOO.COM does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of MIYOO.COM, its employees, or MIYOO.COM contractors. To the extent that MIYOO.COM is deemed by a court of competent jurisdiction to have any liability to you in contract, tort (including negligence) or otherwise in relation to this website or the website services, MIYOO.COM's entire liability shall be limited to £100 for any one incident or series of related incidents subject to a maximum of £300 for all incidents in any period of 12 months. MIYOO.COM shall not be liable to you in contract, tort, negligence (other than for fraudulent or negligent misrepresentations) or otherwise for any:

➢ economic loss, (including without limitation, loss of revenue, business, contracts, profits or anticipated savings);
➢ loss of goodwill or reputation;
➢ loss of data; or
➢ special, indirect or consequential loss.

These Terms and Conditions replace all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

EXCLUSION OF LIABILITY

If MIYOO.COM or any MIYOO.COM contractor is unable to perform any obligation under these Terms and Conditions because of a matter beyond its reasonable control (including but not limited to); fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of MIYOO.COM or the MIYOO.COM contractors, neither MIYOO.COM nor any MIYOO.COM contractor will have any liability for that failure to perform.

MIYOO.COM makes no representation that any MIYOO.COM material or Third Party Sites are appropriate for use outside the United Kingdom, or available in any other locations. Those who choose to access the website and the website services from any other location are solely responsible for compliance with local laws and regulations if and to the extent that they are applicable.

GENERAL

These Terms and Conditions form the entire agreement between you and MIYOO.COM and supersede any other oral or written communications, agreements or representations with respect to your use of this website and website services.

Nothing in these Terms and Conditions affects your statutory rights as a consumer.

If any part of these Terms and Conditions are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Terms and Conditions will not be affected.

A person who is not a party to these Terms and Conditions shall have no right under the United Kingdom Contract (Rights of Third Parties Act) 1999 ("Act") to enforce any term of these Terms and Conditions or the equivalent in any other jurisdiction. This clause does not affect any remedy of any person which exists or is available otherwise than pursuant to the Act.

These Terms and Conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the High Court of England and Wales except that if urgent interim injunctive or declaratory relief is sought MIYOO.COM may commence court proceedings against you in any appropriate jurisdiction.