2. INFORMATION ABOUT US
The Site is operated by My Happy Limited (“My Happy”/ “we” / “our”). We are registered in England under company number 09236385 and have our registered office at Ground Floor, Counting House, 14 Palmerston Road, Sutton, Surrey SM1 4QL. Our VAT registration number is 218 2131 43.
3. ACCESSING THE MY HAPPY MEDIA
The My Happy Media are intended for use by people who are at least 13 years old, and you confirm that you have reached this age. You further agree that you have not previously been suspended or removed from using the My Happy Media.
It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the My Happy Media. The My Happy Media are only licensed for use on a device owned or controlled by you.
We may, from time to time, restrict access to certain features, content, or all or part of the My Happy Media.
We cannot guarantee the continuous, uninterrupted or error-free operability of the My Happy Media. There may be times when all of, or certain features, parts or content of, the My Happy Media, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of any My Happy Media, or any features, parts or content of any My Happy Media.
You may only use the My Happy Media for your own non-commercial personal use and only in accordance with these terms.
We may change the format and content of the My Happy Media from time to time. You agree that your use of My Happy Media is on an ‘as is’ and ‘as available’ basis and at your sole risk.
4. LINKS TO OTHER SITES
- You must not link (including deep linking) to our Site without our prior written agreement.
- The My Happy Media may contain links to other sites. Except where they belong to us, such other sites are not under our control or maintained by us. We are not responsible for the content of such sites. We provide these links for your convenience only but do not monitor or endorse the material on them. We cannot accept any liability whatsoever and howsoever arising in relation to any such other sites (including, for the avoidance of doubt and not by way of limitation, any inability to access or delay in accessing any such other site) or in relation to any material or information appearing on them or which you may otherwise come across after leaving the My Happy Media by way of a hypertext link or any other means.
You may not use the My Happy Media:
a) in any way that breaches any applicable local, national or international law or regulation;
b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
c) for the purpose of harming or attempting to harm any third party in any way (in particular minors);
e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of solicitation; or
f) to knowingly transmit any viruses, worms, trojans, or any other contaminants that may be used to access and/or modify, delete or damage any data files or other computer programs
We make no warranty that the My Happy Media (or any sites that are linked to this My Happy Media) is free from technical errors, computer viruses or any other malicious or impairing computer programs.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. All concepts, information and materials contained in or displayed on the Site (other than any User Generated Content) are the proprietary property of us or our licensors, and are protected by copyright, trade secret, and other applicable laws.
6.2. The My Happy Media are for your personal and non-commercial use. No part of the My Happy Media may be reproduced in any form without our prior consent, other than temporarily in the course of using our service or to keep a record of a transaction entered into using our service. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or in any other way use any material, information, products or services contained or featured on the My Happy Media.
6.3. You may not copy, reproduce or interfere with the My Happy Media, including but not limited to using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the My Happy Media or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the My Happy Media or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the My Happy Media. We reserve the right to monitor and to bar any such activity and your use of the My Happy Media hereby authorises us to monitor your use of the My Happy Media and its content.
7. INTERACTIVE SERVICES
7.1. We may provide interactive services on the My Happy Media, including, without limitation, the ability to create, post, transmit, store and/or upload content (“Interactive Services”).
7.3. The My Happy Media are a venue for content supplied by third parties and users of the My Happy Media. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any third-party content, nor its merchantability or fitness for any particular purpose.
8. DATA PROTECTION
10.1. We do not accept liability for loss or damage of any kind arising indirectly from the use of the My Happy Media and our liability for any other loss arising from the use of the My Happy Chat shall be limited to £100. Should you decide to purchase services via the My Happy Media, our liability in relation to the supply of such service shall be governed by our the relevant terms and conditions of sale or supply, which will be notified to you during the ordering process.
10.2. We do not limit or exclude our liability to you for:
- a) death or personal injury caused by our negligence;
- b) our fraudulent misrepresentation; or
- c) any other liability that may not be limited or excluded under English law.
10.4. Without prejudice to the foregoing provisions, we are entitled to the benefit of any applicable exclusions and/or limitations of liability permitted by the laws of any country found to be applicable to the information shown within the My Happy Media and/or any services offered by us or on our behalf.
11. NON-RELIANCE ON INFORMATION
11.1. The information contained within the My Happy Media may contain inaccuracies and typographical and other errors. The information on these pages may be updated from time to time and may at times be out of date. Neither we nor any of our third-party providers of information guarantee the accuracy, completeness, or usefulness of any such information, nor its merchantability or fitness for any particular purpose.
11.2. Materials appearing within the My Happy Media are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the My Happy Media, or by anyone who may be informed of any of its contents.
13. APPLE APPLICATIONS
13.1. If the My Happy Media that you access and use is designed for use on devices running the iPhone OS (“Apple Application”):
- a) the Apple Application may only be accessed and used on a device owned or controlled by you and using the Apple iPhone OS; you acknowledge and agree that
- although these terms are entered into between us and you (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;
- except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Apple Application are between you and us (and not between you, or anyone else, and Apple); and
- in the event of any claim by a third party that your possession or use (in accordance with these terms) of the Apple Application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that clai
- b) you represent and warrant that:
- you are not, and will not be, located in any country that is the subject of a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country; and
- you are not listed on any US Government list of prohibited or restricted parties; and
- c) if the Apple Application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the Apple Application to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple Application or as a result of you or anyone else using the Apple Application or relying on any of its content.
14. ANDROID APPLICATIONS
14.1. If the My Happy Media that you access and use designed for use on devices running the Android operating system (“Android Application”):
- the Android Application may only be accessed and used on a device owned or controlled by you and using the Android operating system;
- you acknowledge and agree that:
2) although these terms are entered into between us and you (and not Google), Google, as a third party beneficiary under these terms, will have the right to enforce these terms against you;
3) except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Android Application are between you and us (and not between you, or anyone else, and Google); and
4) in the event of any claim by a third party that your possession or use (in accordance with these terms) of the Android Application infringes any intellectual property rights, Android will not be responsible or liable to you in relation to that claim.
15. APPLICABLE LAW
16. CONTACTING US
Please submit any questions you have about these terms and conditions or any problems concerning the My Happy by email to firstname.lastname@example.org or write to us at: Ground Floor, Counting House, 14 Palmerston Road, Sutton, Surrey SM1 4QL.