Disclaimer

If you access this website you are deemed to agree to be bound by the provisions of this legal message AND further agree to accept the application of English law to govern matters between yourself and free-minder.com.

With respect to the information available on this website free-minder.com expressly exclude any representation or warranty (express or implied) to the fullest extent possible. free-minder.com makes no representations about the materials in this website or any sites linked from this website.

Terms and Conditions

1. PARTIES

1.1 This Agreement is made between you the Member ("Member") and Fraser Maclennan ("FM"), provider of the free-minder.com service ("free-minder.com");

1.2 In this Agreement the Services (see below), which you agree to receive, are solely provided by FM.

2. THE SERVICE

2.1 FM provides a free e-mail reminder service to Members on the terms and conditions set out in this Agreement.

2.2 The Service may include any or all of the following services which allow the Member to:

2.2.1 E-mail Reminders: the provision of e-mail reminders;

2.2.2 Web Site Links: access various web sites via links from the free-minder.com web site;

In this Agreement the above services which you agree to receive and which FM agrees to provide will be referred to as the "Service".

2.3 The Service is made available solely to permit the Member to obtain e-mail reminders.

2.4 FM aims to maintain a 24 hour presence for the free-minder.com web site and 24 hour access for Members but cannot guarantee a continuous uninterrupted service.

2.5 From time to time certain POPS, servers or the whole or part of the network may be closed down for routine repair or maintenance work. FM will give as much notice as in the circumstances is reasonable and will endeavour to carry out such work during the scheduled maintenance periods published from time to time.

2.6 Neither FM or any other party has control over the Internet which is a global decentralised network of computer systems. Service interruption may occur due to causes beyond free-minder.com's control such as system malfunction or failures of other parties. In these circumstances, FM will use his best endeavours to restore the service as soon as reasonably practicable.

2.7 FM reserves the right (but do not assume any obligation) to inspect the content of any material transmitted by you via the Service to ensure that it complies with the terms of this Agreement or any applicable laws, regulations or codes of practice. If such material does not comply we reserve the right to suspend or terminate this Agreement in accordance with Clause 6.

3. PAYMENT

3.1 There is no charge payable to FM for use of the Service during the continuance of this Agreement.

4. MEMBERS OBLIGATIONS

The Member in using the Service agrees that:

4.1 The Member warrants that all information provided on registration and during the course of this Agreement is true, complete and accurate and that the Member will promptly inform FM of any changes to such information.

4.2 In consideration of FM providing the Service the Member agrees that FM may hold such information on a database, to help identify and provide details of other products and services which may be of interest to Members.

4.3 The Member must take all necessary steps to ensure the proper use by authorised parties only of its user name, passwords and any other security feature relating to the Service. The Member warrants that any person to whom its user name or password is disclosed is legally authorised to act as the Member's agent for the purposes of transacting via the Service.

4.4 Orders or material transmitted by Members via the Service must not breach any terms of this Agreement or any applicable laws or codes of practice. If a Member has engaged in activities, or FM believes that a Member has engaged in activities, which are illegal or prohibited under this Agreement FM may exercise any of the rights set out at Clause 6 below.

4.4.1 The Member must not knowingly transmit via the Service information which is obscene, threatening, menacing, offensive, defamatory, in breach of confidence or otherwise unlawful.

4.4.2 The Member must not transmit material which is in breach of copyright or any other intellectual property rights.

4.4.3 The Member agrees that the Member will, when using the Service, observe the provisions of the Data Protection Act 1984 and subsequent amending legislation.

4.4.4 The Member must not knowingly or recklessly transmit via the Service any material which contains viruses or other code or defects which are likely to cause damage to any system or data or engage in any other activity which is in breach of the Computer Misuse Act 1990.

4.4.5 The Member must not use the Service to engage in activity which is in breach of any applicable national or international laws.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 All intellectual property rights in the free-minder.com web site including without limitation the html scripts, the graphics, design and layout, the information content and any software made available by FM to enable the Member to use the Service shall remain the property of FM.

5.2 FM grants the Member a non-exclusive non-transferrable licence to use such software solely in connection with and to the extent necessary for use of the Service and for no other purpose.

5.3 The Member shall not decompile, reverse engineer or modify the software referred to above in any way except as is expressly provided in Section 50B of the Copyright Design and Patent Act. 1988.

6. RIGHT TO SUSPEND OR END THE SERVICE

6.1 This Agreement will continue until ended by FM in accordance with this paragraph 6. FM may end this Agreement at any time without cause by giving the Member at least 7 days notice in writing using first class post or e-mail which in either case shall be deemed received two days after posting.

6.2 In the event that the Member engages in any activities, which are in breach of this Agreement FM, may at his sole discretion and without prejudice to any other legal rights or remedies which it may have (in any order) take any one of the following actions:

6.2.1 Notify the Member by e-mail or other means that the Member appears to be engaged in prohibited activity. The Member will then have five working days to show cause why FM should not take further action;

6.2.2 Suspend the Services (i.e. restrict your access to the Service for a designated period of time);

6.2.3 Terminate this Agreement and the Service.

7. LIMITATION OF LIABILITY AND INDEMNITY

7.1 FM shall provide the Service in accordance with the warranties given at Clause 2. Save as expressly set out in this Agreement all conditions or warranties, which may be implied or incorporated into this Agreement by law or otherwise, are hereby expressly excluded to the extent permitted by law.

7.2 In no event will FM be liable for any indirect or consequential loss or damage of any kind (including without limitation loss of profits, business interruptions, or loss, corruption or misdelivery of data) however caused and whether arising under contract, tort (including negligence) or otherwise.

7.3 The Member agrees to indemnify FM against any claims brought by a third party resulting from the Member's use of the Service and in respect of any losses or liabilities incurred directly by FM as a result of the Member's breach or non-observance of any of these terms and conditions.

7.4 The Member shall pay all costs, damages, awards, fees (including any reasonable legal fees) and judgements awarded against FM arising from any such claims and shall provide FM with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Members sole expense.

7.5 The provisions of this paragraph 7 shall survive any termination of this agreement.

8. DISCLAIMER OF AGENCY

Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between the Member and FM. The parties to this Agreement are independent contractors and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

9. GENERAL

9.1 FM reserves the right to vary these terms and conditions from time to time. Notice of changes shall be notified by posting on the site. Continued use of the Service for a period exceeding two weeks after receipt of notification will constitute acceptance.

9.2 The terms and conditions contained in this Agreement constitute the entire agreement between FM and you, the Member and supersedes all other communications.

9.3 The Member acknowledges that the Member has read and accepted the terms of this Agreement. Use of the Service shall be deemed as acceptance of the terms of this Agreement.

9.4 This Agreement shall be governed by and construed in accordance with the laws of England and Wales and both parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.

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