Website Terms of Use

Please read these terms and conditions carefully before using this website https://my-dayapp.com These terms tell you the rules for using the Website. 

Click on the links below to go straight to more information on each area:

  1. Who we are and how to contact us

  2. By accessing the website you accept these terms

  3. There are other terms that may apply to you

  4. We may make changes to these terms

  5. We may make changes to our website

  6. We may suspend or withdraw our Website

  7. You must keep your account details safe

  8. How you may use material on our website

  9. Do not rely on information on our website

  10. We are not responsible for websites we link to

  11. Our responsibility for loss or damage suffered by you

  12. Uploading content to our website

  13. How to complain about content uploaded by other users

  14. How we may use your personal information

  15. We are not responsible for viruses and you must not introduce them

  16. Rules about linking to our website

  17. Acceptable use

  18. Which country's laws apply to any disputes?

  1. Who we are and how to contact us

Evexia Health International Ltd (a company incorporated in England and Wales with company number 12935845) WITH  registered office of Woodwater House, Pynes Hill, Exeter, Devon, United Kingdom, EX2 5WR

(“we”, “us” or “our”) operate the Website. We are a limited company. 

To contact us, please support@my-dayapp.com.

  1. BY ACCESSING THE WEBSITE YOU ACCEPT THESE TERMS

    1. By using our Website, you confirm that you accept these terms of use and that you agree to comply with them at all times.

    2. If you do not agree to these terms, you must not use our Website.

  2. There are other terms that may apply to you

    1. These terms of use refer to our PRIVACY AND COOKIE POLICY, which sets out the terms on which we process any personal data we collect from you, or that you provide to us and which sets out information about the cookies on our Website.

    2. These terms relate only to your use of the Website to view the content we provide to you. There may be third party references, links or marketing included on the Website. Any provision of goods or services from those third parties to you will be under a separate contract between you and that third party.

    3. These terms relate only to your use of the Website that are provided free of charge to you. If you decide to purchase for your employees or officers or access and use our app and/or services (as appropriate), separate terms will apply between us and (i) the employer or other relevant entity who pays for such access and use and (ii) the employee or other individual who accesses and uses our app and/or services.

  3. We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our Website, we recommend you check these terms and the additional terms referred to in them to ensure you understand the terms that apply at that time.

  1. We may make changes to our website

We may update and change our Website from time to time (for example, to reflect changes to our services and/or products, our users' needs or our business priorities). We will try to give you reasonable notice of any major changes.

  1. We may suspend or withdraw our WEBsite

    1. Our Website is made available free of charge.

    2. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted or error free. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational (including technical) reasons. We will try to give you reasonable notice of any suspension or withdrawal.

    3. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

  2. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

    1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

    2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

    3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact email provided

  3. How you may use material on our website

    1. We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

    2. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.

    3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

    4. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged (except where the content is user-generated).

    5. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

    6. If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  4. Do not rely on information on our website

    1. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely.

    2. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

    3. Occasionally, there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information [or cancel subscriptions with business users] if any information on our Website is inaccurate at any time without prior notice [(including after a business user has submitted an order to us)].

  5. We are not responsible for websites we link to

    1. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

    2. We have no control over the contents of those sites or resources.

  6. Our responsibility for loss or damage suffered by you

    1. Whether you are a consumer or a business user:

      1. 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.

      2. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services and/or products to you, which will be set out in our relevant terms and conditions of supply which will be communicated to the relevant parties prior to the point of purchase or use (as appropriate).

    2. If you are a business user:

      1. We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.

      2. 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:

        1. your use of, or inability to use, our Website; or

        2. your use of or reliance on any content displayed on our Website.

In particular, we will not be liable for: loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

    1. If you are a consumer user:

      1. Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

      2. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

  1. uploading content to our WEBsite

    1. Whenever you make use of a feature that allows you to upload content to our Website, for example a business listing or an event, you must comply with the content standards set out clause 17 (Acceptable Use) of these terms.

    2. You promise that any such contribution does comply with those standards, and you will be liable to us and compensate us for any breach of this commitment. This means you will be responsible for any loss or damage we suffer as a result of your breach.

    3. Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Website a limited licence to use, store and copy that content and to distribute and make it available to third parties.

    4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

    5. We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in clause 17 (Acceptable Use) of these terms.

    6. You are solely responsible for securing and backing up your content.

    7. We do not store terrorist content.

    8. This Website may include information and materials uploaded by other users of the Website, including to business listings' pages and events calendars. The views expressed by other users on our website do not represent our views or values.

  2. How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users please contact us on the email address provided.

  1. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

  1. We are not responsible for viruses and you must not introduce them

    1. We do not guarantee that our Website will be secure or free from bugs or viruses.

    2. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

    3. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

  2. Rules about linking to our WEBsite

    1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

    2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    3. You must not establish a link to our Website in any website that is not owned by you.

    4. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.

    5. We reserve the right to withdraw linking permission without notice.

    6. The website in which you are linking must comply in all respects with the content standards set out in clause 17 (Acceptable Use).

    7. If you wish to link to or make any use of content on our Website other than that set out above, please contact support@my-dayapp.com

  1. Acceptable Use

Prohibited uses

    1. You may use our Website only for lawful purposes. You may not use our Website:

      1. in any way that breaches any applicable local, national or international law or regulation.

      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

      3. for the purpose of harming or attempting to harm minors in any way.

      4. to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

      1. not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of these terms.

      2. not to access without authority, interfere with, damage or disrupt:

        1. any part of our Website;

        2. any equipment or network on which our Website is stored;

        3. any software used in the provision of our Website; or

        4. any equipment or network or software owned or used by any third party.

Content standards

    1. These content standards in clauses 17.2-17.6 (Content Standards) apply to any and all material which you contribute to our Website including, for example, events and business listings (Contribution), and to any interactive services associated with it.

    2. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

    3. We will determine, in our discretion, whether a Contribution breaches the Content Standards.

    4. A Contribution must:

      1. be accurate (where it states facts).

      2. be genuinely held (where it states opinions).

      3. comply with the law applicable in England and Wales and in any country from which it is posted.

    5. A Contribution must not:

      1. be defamatory of any person.

      2. be obscene, offensive, hateful or inflammatory.

      3. promote sexually explicit material.

      4. promote violence.

      5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

      6. infringe any copyright, database right or trade mark of any other person.

      7. be likely to deceive any person.

      8. breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

      9. promote any illegal activity.

      10. be in contempt of court.

      11. be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

      12. be likely to harass, upset, embarrass, alarm or annoy any other person.

      13. impersonate any person, or misrepresent your identity or affiliation with any person.

      14. give the impression that the Contribution emanates from us, if this is not the case.

      15. advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

      16. contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

      17. contain any advertising or promote any services or web links to other websites (unless it is a paid for listing or an event which we accept).

Breach of this clause

    1. When we consider that a breach of this clause 17 (Acceptable Use) has occurred, we may take such action as we deem appropriate.

    2. Failure to comply with this clause 17 (Acceptable Use) constitutes a material breach of these terms, and may result in our taking all or any of the following actions:

      1. Immediate, temporary or permanent withdrawal of your right to use our Website.

      2. Immediate, temporary or permanent removal of any Contribution uploaded to our Website.

      3. Issue of a warning to you.

  1. Which country's laws apply to any disputes?

    1. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

    2. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

LAST UPDATED March 2022