ONLINETHEM – TERMS AND CONDITIONS (these “Terms and Conditions”)
We provide a subscription-based service called “OnlineThem”, which allows you to analyse use of social media platforms on the Internet by your children (the “Service”), available at www.onlinethem.com (the “Website”). These Terms and Conditions are the terms on which we make the Service available to you.
Please read these Terms and Conditions carefully before you subscribe to the Service. These Terms and Conditions tell you who we are, how we will provide the Service to you, how you and we may change or end the contract between us and you, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms and Conditions, please contact us to discuss.
1.1 Who we are: We are Forward Ice Limited trading as OnlineThem.com, a company registered in England and Wales. Our company registration number is 09161759 and our registered office is at 53 King Street, Manchester, M2 4LQ, United Kingdom.
1.2 How to contact us: You can contact us by emailing our customer service team at [email protected]
1.3 How we may contact you: If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when you subscribed for the Service.
1.4 “Writing” includes emails: When we use the words “writing” or “written” in these Terms and Conditions, this includes emails.
2.1 How we will accept your Order: When you submit the form on the Website to subscribe for the Service, you submit an “Order” to us. Our acceptance of your Order will take place when we email you to accept it, at which point a contract will come into existence between you and us (the “Contract”).
2.2 If we cannot accept your Order: If we are unable to accept your Order for any reason, we will inform you of this and will not charge you for the Service.
2.3 We only provide the Service in the UK: The Website is solely for the promotion of the Service in the UK. Unfortunately, we do not accept orders from users accessing the Website from outside the UK.
2.4 We only provide the Service if you are over 18: The Service is solely for use by those who are over 18. By registering for an Account and submitting an Order, you warrant that you are at least 18 years of age.
2.5 Minor changes to the Service: We may change the Service:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Service.
3.1 Linking your children: When you first access your Account, you will be able to invite to your children, loved ones, nearest and dearest to give the Service access to their social media accounts so that the Service can analyse their social media data and provide you with a social report on how this data is affecting their social footprint. It is assumed that you will know the person you are asking to set up the links between the Service and their social media accounts; however, you acknowledge that the Service is dependent on your children, loved ones, nearest and dearest social connecting to the Service and, if they fail to do so, we will not be able to provide the Service to you in the way in which the Service is intended to be provided. We will not be responsible if your children, loved ones, nearest and dearest do not accept the invitation.
3.2 Preparing your children: It is your responsibility to ensure that your children understand that they will receive an invite from us, how the Service works, how we use their data (by reference to our Privacy and Cookies Policy) and why they are receiving an invite.
3.3 Guidance notes for your children: When we send an email to your children, we will include some guidance notes so that they are aware how the Service works.
3.4 What will happen if you do not give required information to us: We may need certain information from you so that we can provide the Service to you. We will contact you to ask for this information, or ask you for it when you access your Account. We will not be responsible for any failure by us to provide the Service, or any part of it, if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
3.5 Reasons we may suspend the provision of the Service to you: We may have to suspend the provision of the Service to you to:
(a) deal with technical problems or make minor technical changes;
(b) update the Service to reflect changes in relevant laws and regulatory requirements; and/or
(c) you are proven to not be who you say you are or you have used the Service to connect and monitor children or others who are not under your protection or welfare.
3.6 Your rights if we suspend the provision of the Service: We will contact you in advance to tell you we will be suspending the Service, unless the problem is urgent or an emergency, in which case we may suspend the Service without contacting you. If we have to suspend the Service, we will adjust the price so that you do not pay for the Service while it is suspended. You may contact us to end the Contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month, and we will refund any sums you have paid in advance for the Service in respect of the period after you end the Contract.
3.7 We may also suspend the Service if you do not pay: If you do not pay us for the Service when you are supposed to (see clause 9.2 below) and you still do not make payment within seven days of us reminding you that payment is due, we may suspend your access to the Service until you have paid us the outstanding amounts. We will contact you to tell you we are suspending your access to the Service. We will not charge you for the Service during the period for which it is suspended.
4. REGISTRATION FOR AN ACCOUNT
4.1 You need an Account: If you would like to place an Order through the Website, you will need to register for an account on the Website which you will be able to access through the “Log In” part of the Website, and by which you will be able to change the details that we hold about you and access the Service (“Account”). You may browse the Website without registering for an Account, but, to access the Service, you must register for an Account.
4.2 To register for an Account: To register for an Account and submit and Order, you need to supply us with your name, address, email address, a password and some other personal information. See our Privacy and Cookies Policy for more details about this. You can provide us with that information by filling in the necessary information on the Website manually where indicated and then following the instructions on the Website.
4.3 Logging in to your Account: Once you register for an Account, you will be asked to create a username and password for your Account. You may change this password by accessing your Account and following the instructions. You must keep the password confidential and immediately notify us if there is any unauthorised use of your email address or your Account or any breach of security otherwise known to you. You acknowledge that any person to whom your username or password is disclosed is authorised to act as your agent for the purposes of using your Account. Please note that you will be entirely responsible if you do not maintain the confidentiality of your password.
4.4 Valid email address: You must be registered for an Account with a valid email address that you access regularly, so that, amongst other things, we can send administration and information emails to you. Any Account registered with another person’s email address or with a temporary email address may be closed by us without notice. We may also require you to validate your Account at registration or if we believe that you have been using an invalid email address.
4.5 Rejection: We reserve the right to reject any registration for an Account and to refuse use of or access to the Website to anyone for any reason.
5.1 You can always end the Contract: Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:
(a) if you want to end the Contract because of something we have done or have told you we are going to do, see clause 5.2 below;
(b) if you have just changed your mind about the Service, see clause 5.3; you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(c) if what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get a service re-performed or to get some or all of your money back), see clause 8 below; and
(d) in all other cases (if we are not at fault and there is no right to change your mind), you will not have a right to cancel the Contract.
5.2 Ending the Contract because of something we have done or are going to do: If you are ending the Contract for a reason set out at (a) to (e) below, the Contract will end immediately and we will refund you in full for any access to the Service which has not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Service or these Terms and Conditions which you do not agree to;
(b) there is a risk that provision of the Service may be significantly delayed because of events outside our control;
(c) we have suspended provision of the Service for technical reasons, or notify you we are going to suspend it for technical reasons, in each case for a period of more than one month;
(d) you have a legal right to end the Contract because of something we have done wrong; or
(e) we have told you about an error in the price or description of the Service you have ordered and you do not wish to proceed.
5.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013): For most products and services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms and Conditions.
5.4 How long do you have to change your mind: You are buying services from us, so you have 14 days after the day we email you to confirm we accept your Order to cancel the Contract. If you cancel after you have accessed the Service, you must pay us for the Service up until the time you tell us that you have changed your mind.
6.1 Tell us you want to end the Contract: To end the Contract, please let us know by doing one of the following:
(a) email: contact customer services by email at [email protected]. Please provide your name, home address, username, phone number and email address;
(b) by post: contact customer services in writing by post to OnlineThem Customer Services, 53 King Street, Manchester, M2 4LQ, United Kingdom, and include your name, home address, username, phone number and email address.
6.2 How we will refund you: We will refund appropriate amounts to you by the method you used for payment. However, we may make deductions from the refunded amount, as described below.
6.3 Deductions from refunds: If you are exercising your right to change your mind, we may deduct from any refund an amount for the provision of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to the period of time for which you have used the Service, in comparison with the full coverage of the Contract.
6.4 When your refund will be made: We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
7.1 We may end the Contract if you break it: We may end the Contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due; and/or
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Service.
7.2 You must compensate us if you break the Contract: If we end the Contract in the situations set out in clause 7.1 above, we will refund any money you have paid in advance so that you will only have paid us for the Service up until the time we end the Contract, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
8.1 How to tell us about problems: If you have any questions or complaints about the Service, please contact us. You can contact our customer service team by email to [email protected].
8.2 Summary of your legal rights: We are under a legal duty to provide the Service in conformity with the Contract. See the box below for a summary of your key legal rights in relation to the Service. Nothing in these Terms and Conditions will affect your legal rights.
|Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website at www.adviceguide.org.uk or call 03454 04 05 06.
For the Service, the Consumer Rights Act 2015 says:
· You can ask us to repeat or fix the Service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it.
· If you have not agreed a price upfront, what you are asked to pay must be reasonable.
· If you have not agreed a time upfront, it must be carried out within a reasonable time.
9.1 Where to find the price for the Service: The price of the Service (which includes VAT) will be the price indicated on the order pages of the Website when you placed your Order.
9.2 When you must pay and how you must pay: We use Braintree Payments Inc to process payments for the Service. We will collect payment each month in advance for your access to the Service. If we fail to collect payment we will retry again after 5 days. If the retry fails, we will try one final attempt after 5 days. If that final retry fails, we will Cancel your subscription and suspend your access.
9.3 We can suspend your access: If you do not make any payment to us by the due date we may suspend your access to the Service.
10.1 What we do not exclude liability for:
We do not in any way accept liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
We do not exclude or limit our liability for:
(c) any breach of the terms implied by sections 13 to 15 (description, satisfactory quality, fitness for purpose and samples) of the Supply of Goods and Services Act 1982;
(d) the Consumer Rights Act 2015;
(e) the Consumer Protection (Amendment) Regulations 2014; and/or
(f) any other liability that we cannot exclude or limit at law.
10.2 We are responsible to you for foreseeable loss and damage caused by us: If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but, subject to clause 10.1 above, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.3 We are not liable for business losses: We only provide the Service for domestic and private use. If you use the Service for any commercial, business or re-sale purpose, subject to clause 10.1 above, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.4 Limits of the Service: You acknowledge that the Service provides our view, based on our analytics engine and other tools, of how your children are perceived on the social media platforms that they link to the Service. We do not claim that the information we provide to you through the Service is correct or factual; rather, it is our opinion based on our experience and commercial focus. Subject to clause 10.1 above, we shall not be responsible or have any liability to you for:
(a) any failure by us to inform you of any information in respect of your child’s use of social media platforms that you consider to be important; and
(b) any decision made by you as a result of your use of the Service. You must ensure that any decision you make based on your use of the Service is in your best interests, and you bear sole responsibility for any such decision and the consequences of it.
11.1 How we will use your personal information: We will use the personal information you provide to us:
(a) to provide the Service to you;
(b) to process your payment for the Service; and
(c) if you agreed to this during the order process, to inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
11.2 We may pass your personal information to credit reference agencies: We may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
11.3 We will only give your personal information to other third parties where the law either requires or allows us to do so: For more information as to how we use your personal information, and the personal information of your children in respect of whom you have subscribed for the Service, please see our Privacy and Cookies Policy.
12.1 We may transfer the Contract to someone else: We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
12.2 You need our consent to transfer your rights to someone else: You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree to this in writing.
12.3 Nobody else has any rights under the Contract: The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 If a court finds part of the Contract illegal, the rest will continue in force: Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 Even if we delay in enforcing the Contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Service, we can still require you to make the payment at a later date.
12.6 Which laws apply to the Contract and where you may bring legal proceedings: These Terms and Conditions are governed by English law and you can bring legal proceedings in respect of the Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Service in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Service in either the Northern Irish or the English courts.