Terms of Service
TERMS OF SERVICE
These terms and conditions govern how you may access, browse and use the Website and Services we provide.
These terms and conditions (“Terms”) apply whether you are:
i) a registered user of CovidMessenger.com (the “Website” or “Site”)
ii) a visitor to CovidMessenger.com
iii) a subscriber to any of the Services (“Services”) provided by CovidMessenger.com
iv) an advertiser with CovidMessenger.com
“Email Services” refers to all email communications from us to you including but not limited to email newsletters and email alerts that you have subscribed to.
“Advertising Services” refers to all advertising services and sponsorship opportunities offered by us to you including but not limited to all advertising services and sponsorship opportunities on the “Website”, in our “Services” and in any other services we offer.
“Content” refers to all content published on the Website and in our Email Services, and all content available for download from the Website and in our Email Services, including text, data, data points, derived data, documents, pictures, graphs, graphics, layout, logos, trademarks, images, video, and audio material.
“Services” refers to all services that we offer including our Website and its Content, Email Services and Advertising Services and any other services we offer.
The section headings contained in this agreement are for reference purposes only and shall not affect the meaning or interpretation of this agreement.
By accessing, browsing, using, subscribing to, registering for or signing up to our Website or Services by any means and via any device or by registering your details with us, you agree to be legally bound by these Terms.
1. About Us
1.1 The Website and Services are owned and operated by or on behalf of Park Property Developments Ltd (“CovidMessenger.com”, “us”, “we,” “The Company”)
1.2 We are a company registered in England and Wales with the company registration number 07336155. Our registered office address 7-9 The Avenue, Eastbourne, East Sussex, BN21 3YA.
1.3 At CovidMessenger.com, we offer a data distribution service of both data available under the Open Government Licence 3.0 and of our own data, derived data and Content.
2. Our Right to Change these Terms
2.1 We reserve the right to change these Terms at any time. It is your responsibility to revisit these Terms periodically to ensure that you are fully aware of them at all times. Any changes are effective immediately upon posting to the Website.
2.2 Your continued use of the Website and Services and continued subscription to our Email Services constitutes your agreement to all such Terms.
3. Accessing Our Services
3.1 Access to our Email Services is restricted to users who have purchased a membership from us by registered their email address with us and paying the appropriate monthly fee.
3.1.1 Membership fees are charged monthly, in advance, and are non-refundable. Separate memberships are required for each email address to which you wish to receive our Email Services.
3.1.2 You may terminate your membership with us ay any time. If you do so, your access to our Email Service, and any other services provided through your membership, will be terminated immediately.
3.1.3 As part of our Email Services, we may occasionally send you emails about benefits or offers relating to your membership, for example, ‘refer-a-friend’ offers or other such offers.
3.2 We reserve the right to terminate, suspend or deny your access to the Website and/or to the Services (whether in whole or in part and/or whether temporarily or permanently) at any time and for any reason without explanation or notice.
3.3 We reserve the right to change the fees and charges associated with our services at any time for any reason and without explanation. We reserve the right to commence charging a fee for services that were previously available free of charge at any time for any reason and without explanation and to take action to remove and restrict non-paying members to our services, including but not limited to denying access to our services.
3.4 While accessing, browsing and/or using the Website and Services
3.5.1 you must comply with all applicable laws, regulations and codes;
3.5.2 you must not impersonate another person or use a false name or email address;
3.5.3 you must not republish or reproduce any content from our Website and Services without our prior written consent
3.6 At any time and without giving you any advance notice, we may permanently or temporarily and for any reason remove or edit any Content on the Website or Services at any time, and in such circumstances all liability of The Company, its directors, employees or other representatives for any loss whatsoever arising from our removing or editing Content and/or your limited use of or inability to use the Website (either in whole or in part), Services and/or password is excluded, insofar as it is possible to do so in law.
4. Use of Our Services
4.1 All Content and/or data on the Website and in our Services is provided on an “as is” basis. Save to the extent required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Website or the Content or Services or third party content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.
4.2 The Content on the Website and contained in Email Services is frequently changed and revised and should only be used for your general information and should not be considered a specific recommendation or advice. Before taking any action or decision based in whole or in part on our Content, you should always make your own independent checks of any information that is important in making such decision or taking such action. You should also seek professional advice in appropriate circumstances such as on medical, investment, tax, financial, legal and other professional matters.
4.3 We are not regulated by the Financial Services Authority of England. The information and/or data on the Website and in our Email Services is provided for your general information only and is not intended for trading and/or investment purposes.
4.4 All implied warranties or duties are excluded save if and to the extent that they may not lawfully be excluded.
4.5 While all reasonable care is taken, we do not warrant the accuracy, completeness, timeliness, performance or fitness for any particular purpose of the Content on the Website or in our Services, nor do we endorse or accept any responsibility for any data, information, views, advice, recommendations or opinions expressed on the Website, Email Services, other Services, or any website to which we link.
4.6 Parts of the Website and Services contain data from third party sources including the Government of England, the Scottish Government, the Government of Wales and the Government of Northern Ireland. We are not responsible for any such data or any errors in the data. More can be read about the limitations of the data they publish on their own Coronavirus websites. At the time of writing, these were available here:
Government of England: https://coronavirus.data.gov.uk/about
Government of Scotland: https://www.gov.scot/publications/coronavirus-covid-19-data-definitions-and-sources/
Government of Northern Ireland: https://public.tableau.com/profile/public.health.wales.health.protection#!/vizhome/RapidCOVID-19virology-Public/Headlinesummary
4.7 We cannot be liable for any claims, losses, injuries, penalties, damages, costs or expenses arising from the use of, or inability to use the Website, Services or Content in them or from any action taken, or omitted to be taken, as a result of using the Website, Services or their Content.
4.8 Neither The Company nor any of its data providers, sponsors or affiliates gives any warranty or guarantee relating to availability of the Website or Services or that the Website or Services and/or our operation of it, the Content or the server that makes the Website or Services available are error or virus free or free of other harmful contamination or that your use of the Website and Services and/or the Content will be uninterrupted , or that the Website is compatible with any computer systems, software and browsers. You use the Website and Services entirely at your own risk.
4.9 We exclude liability to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to fulfil any duty) or for any other indirect, special or punitive damages whatsoever that arise out of or are related to the use of the Website or Services or Content, or to any breach of the terms by CovidMessenger.com, even if CovidMessenger.com has been advised of the possibility of such damages and even in the event of fault or strict liability.
4.10 You agree that CovidMessenger.com and its directors, employees, agents or other representatives, data providers or affiliates will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any amount or kind of loss or damage that may result to you or a third party arising from or connected in any way to:
4.10.1 interruption of business; or
4.10.2 access or other delays, terminations, suspensions, denials or access interruptions to the Website; or
4.10.3 data non-delivery, data misdelivery, data corruption, destruction of data or other modification of data; or
4.10.4 third party website links on the Website; or
4.10.5 reliance on the information contained on the Website; or
4.10.6 computer viruses, system failures or malfunctions which may occur in connection with your use of the Website; or
4.10.7 any inaccuracies, omissions or misleading, false or deceptive statements, data or information in the Content; or
4.10.8 any errors, inaccuracies or omissions in data or information in the Content
4.10.9 events beyond our reasonable control.
4.11 You agree that, subject to the forgoing terms of this Term, your exclusive remedy and only recovery for any damage you incur, shall be limited to the direct damages (if any) you actually incur in reasonable and exclusive reliance on the Website, Services or their Content, and for which we may be held liable by a competent court, of up to a limit of the refund of the amount you paid (if any) in relation to the particular use of the Content on the Website or Services in total during the month in which the damage first incurred.
4.12 We are the owner or the licensee of all intellectual property rights, including copyright, of the Content contained on the Website and in our Services except the data that is made available under the Open Government Licence v3.0. All rights are hereby reserved.
4.13 The Website, Email Services and the Content may only be used for your personal, non-commercial use.
4.14 You agree not to download, copy, reproduce, sell, duplicate, republish, modify, store, archive, show in public, redistribute or otherwise commercially exploit in any way any part of the Content without the prior written permission of CovidMessenger.com. To request such permission, please contact us at email@example.com
5. Third Party Website Links
5.1 Third parties are permitted to link to pages within the Website, using the URL.
5.2 A third party must ensure that nothing on its own website suggests or could be understood to imply that any part of the Website, Services or Content is part of its own website or its own services unless the third party has obtained prior written approval from us.
5.3 We reserve the right to withdraw any permission without explanation or notice if in our sole judgement the use of such links is excessive or inappropriate.
5.4 We reserve the right to remove, edit and/or change the location and nature of pages and files within the Website and Services at any time without explanation or notice, either temporarily or permanently, and we shall not be liable for any loss whatsoever arising from such action; it is the responsibility of the third party linking to check, update and remove links in their own websites as needed.
5.5 Third parties must not deep-link to, or use framing or other techniques to enclose any part of the Website.
6. Material that you Send us for Publication
6.1. When you send any material to us for publication on the Website and/or in our Email Services, you agree to be legally bound by these Terms which will take effect immediately, and including, in particular, the following:
6.1.1. you grant us a royalty free, worldwide, perpetual and non-exclusive licence to use, copy, distribute, publish, syndicate, sub-license and transmit the whole or any part of such material (including without limitation any of the information, details, ideas, concepts and/or formats contained within it) in any manner and in any format and/or media (including, without limit, archiving and making such material available on the Website and in emails including through our Services);
6.1.2. publication of any material you submit to us will be at our sole discretion
6.1.3 we reserve the right to edit material you submit to us prior to publication;
6.1.4 you agree that we may (at our discretion) disclose your identity to any third party who is claiming that any material sent by you to the Website or Services is defamatory, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright), in breach of any of the warranties set out in sections 6.1.5 or 6.1.6 below or otherwise is in breach of or violates any applicable law or regulation or code;
6.1.5 you warrant to us that:
i) you own the copyright (and any other relevant rights) to any material you submit to us for publication
ii) the material you submit to us does not breach any applicable law or regulation or code
iii) the material you submit is not obscene, threatening, menacing, offensive, defamatory, abusive,
iv) the material you submit is not likely to cause annoyance, offence, inconvenience or needless anxiety
6.1.6 you acknowledge that any breach of these warranties in 6.1.5 may cause us damage or loss and you agree to indemnify us in full and permanently on demand against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.
6.1.7 you waive any moral rights in all material you submit
6.2. We reserve the right to remove, reject or omit, at any time and without reason or prior notice, any material that you have submitted for publication.
7. Data Protection and Privacy
8. Third Party Links
8.1 The Website and Services contain links to other websites operated by parties who are wholly separate from us. We are not responsible for third party websites or their content. We do not endorse third party websites or their content. Such links are provided for your convenience only. If you decide to access any of the linked websites from the Website or our Services, you do so entirely at your own risk. We cannot be held responsible in any way for the content, operation or availability of third party websites or services. Any contact or arrangements made between you and any third party named on the Website, in our Services or any third party website linked from them (including without limitation any website with which we have a commercial association) is at your own risk.
9. Advertising and Sponsorship
9.1. Parts of the Website and Services contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website and Services is not obscene, threatening, menacing, untrue, offensive, defamatory, abusive and is in compliance with applicable laws and regulations. We are not responsible for any such material or any errors in the material and any issues which you may have should be raised directly with the relevant advertiser or sponsor.
10. Promotions, Competitions and Prize Draws
10.1 We may from time to time run competitions and/or promotions either on our own behalf, for other parties or in conjunction with commercial partners, either on the Website and/or through our Services. Such competitions will be subject to additional terms and conditions that will be made available at the time of any such competition.
11.1 You will indemnify and will keep indemnified CovidMessenger.com and its data providers and affiliates on demand against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatsoever arising directly or indirectly as a result of:
11.1.1 any breach of these Terms by you; or
11.1.2 your fault, negligence or breach of statutory duty; or
11.1.3 your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our Suppliers.
12.1. Any contractual or legal relationship between you and CovidMessenger.com will be concluded in English.
12.2. All notices shall be given by post to us at Park Property Developments Limited, 7-9 The Avenue, Eastbourne, East Sussex, BN21 3YA or, to you at either the e-mail or postal address you provide during the registration process (if any). Notices will be deemed received 24 hours after e-mail is sent or 3 days after the date of posting.
12.3. These Terms the entire agreement between the parties concerning your access to, browsing and/or use of the Website and Services supersede all prior agreements, arrangements, understandings and representations made between us (whether written or oral) concerning the Website.
12.4 If the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions.
12.5 The rights and remedies of Park Property Developments Ltd under these Terms are independent, cumulative and without prejudice to its rights under the law.
12.6 These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
12.7 By accessing the Website and/or Services you accept that these Terms are governed by and construed in accordance with the laws of England and the English Courts shall have exclusive jurisdiction over any dispute which may arise.