Terms of service

Introduction

Whilst the contents of this page may seem daunting and (some might say) boring, it is important that you read it. It protects our service from abuse by those who don't wish to play fair, but also protects your interests as a user of our application. We'll try to keep them as light and clutter-free as is possible, but we're happy to discuss any aspect with you if you're unsure.

As a precursor to our Terms of Service below, we would like to clarify that "May Stanley Ltd" is the legal name of our software company, a company registered in England & Wales, registration number 08383197. Our registered company address is May Stanley Ltd, Springfield House, Springfield Road, Horsham, West Sussex, RH12 2RG.

"MyDriveTime" is the name of this specific software service and is not a company in its own right. For more information on May Stanley Ltd, please visit our website here or contact us directly.

Terms of Service

By using the MyDriveTime.co.uk web site and accompanying software 'Apps' (“Service”), or any services of May Stanley Ltd (“MSL”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

MSL reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.mydrivetime.co.uk/terms-of-service/

Violation of any of the following terms may, at our sole discretion, result in the termination of your Account. Whilst MSL prohibits conduct and content on the Service that violates these terms, you understand and agree that MSL cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

  1. You must be 18 years or older to use this Service.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted.
  5. You are responsible for maintaining the security of your account and password. MSL cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others to whom you have provided any degree of access).
  7. One person or legal entity may not maintain more than one account.
  8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Service Trial

  1. A free trial permits you to create a new account and benefit from unrestricted access to the Service for a maximum period of 14 days, including the day of registration, and expires at midnight on the 14th day. You are not obliged to continue with the Service following this trial period.
  2. No payment details are required to proceed with your trial.
  3. Should you not wish to continue use of the Service following your trial period, you are under no further obligation to contact us. Your account data will be retained for a minimum of 90 days, at which time it may be deleted, with no recovery option available. To continue use of the Service following expiry of your trial, you must purchase a subscription within 90 days from the trial expiry date, or register for a new account.

Payment, Refunds & Subscription Change Terms

  1. To continue using the Service beyond your trial period, you must set up a Service subscription. We will contact you with instructions on how to complete this process before the end of your trial period.
  2. Your first, and subsequent monthly subscription charges will be processed by Direct Debit, details for the creation of which are requested during your subscription setup. It is your sole responsibility to ensure a valid Direct Debit instruction remains in place with your bank. Should you wish to amend your Direct Debit, please contact us at support@mydrivetime.co.uk.
  3. Periodically, new Service enhancements, known as ‘bolt-ons’, will be made available to you. These are optional. Whilst the activation of most bolt-ons will result in a change to the amount collected by Direct Debit, some may require payment collected by alternative means, including credit cards.
  4. Your subscription is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of Service, or for any additional activated bolt-ons. In order to treat everyone equally, we make no exception to this term.
  5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United Kingdom Value Added Tax ('VAT') which is included as part of the fees we charge.

Cancellation and Termination

  1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by visiting “My Subscription” under the “More” menu within your account and following the simple cancellation instructions.
  2. Due to the notice required to cancel a Direct Debit, we advise you to cancel the Service at least 7 days prior to the end of the current paid-up month. Failure to do so may result in another subscription charge being collected. We advise that you cancel your Direct Debit with your bank also. No refunds for subscription fees are provided, however access to your account will remain unrestricted until midnight of the final day of subscription.
  3. Your data will remain within the Service database for a minimum of 90 days following cancellation of the Service. During this time, you may reactivate your account by purchasing a new subscription. MSL reserves the right to permanently delete your account data after this time.
  4. MSL, in its sole discretion, retains the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other MSL service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or access to your Account, and the forfeiture and relinquishment of all Content in your Account. MSL reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. Whilst we will do our utmost to avoid any interruption to the Service, MSL reserves the right at any time, and from time to time to modify or temporarily suspend the Service (or any part thereof) with or without notice. In the event that the Service is to be permanently discontinued, we will provide you with no less than 30 days notice by direct email to the email address registered on your account. Circumstances permitting, we will endeavour to return all data to you before permanent cessation of the Service.
  2. Prices of all Services, including but not limited to monthly subscription fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the MyDriveTime Site, via direct email, or within the Service itself.
  3. MSL shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. All content posted on the Service must comply with U.K. copyright law.
  2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, any content that you share publicly via means such as your personal Profile Page, you agree to allow others to view and share your Content.
  3. MSL does not pre-screen Content, but MSL and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  4. The look and feel of the Service is copyright©2012-2014 May Stanley Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from MSL.

General Conditions

  1. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
  2. Technical support is provided to trial users and paying subscribers by telephone during the hours of 9:30am to 5pm Monday to Friday, or by email to support@mydrivetime.co.uk. Use of the Live Chat function on this website to report a problem is also permitted. Support provided outside of normal business hours is done so without obligation and at the sole discretion of MSL.
  3. Whilst we actively promote the use of social media channels such as Facebook and Twitter to contact MSL, no guarantee of a support response is provided. Please use either telephone or email to log an official support request to ensure a satisfactory acknowledgement and resolution.
  4. You understand that MSL uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  5. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, MSL, or any other MSL service.
  6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by MSL.
  7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any MSL customer, employee, member, or officer will result in immediate account termination and may result in legal action.
  9. You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  10. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  11. You must not transmit any worms or viruses or any code of a destructive nature.
  12. If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by MSL) of other MyDriveTime customers, we reserve the right to immediately disable your account or throttle your usage until you can reduce your bandwidth consumption. We will always endeavour to provide notice of, and evidence for such action within a timely manner to avoid disruption to your account.
  13. MSL does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
  14. You expressly understand and agree that MSL shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MSL has been advised of the possibility of such damages), resulting from: (i) the use of or inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
  15. The failure of MSL to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and MSL and govern your use of the Service, superceding any prior agreements between you and MSL (including, but not limited to, any prior versions of the Terms of Service).
  16. Questions about the Terms of Service should be sent to support@mydrivetime.co.uk.