These Terms of Service (“Terms”) define the relationship between TickedIt Limited (registered in England and Wales under company number 09127623 whose registered office is at 30 St Marys Way, Weedon, Northamptonshire, NN7 4QL) (“TickedIt”, "we", “us” or "our"), who operate the website https://www.dingdongdiary.com (the “Site”), and you, being the individual person or business (be that an individual engaged in business, firm or corporate entity) creating an account and subscribing through the Site and referred to hereafter as "you" or “your”.
These Terms govern your access to and use of the diary, website, services, applications, software, operating manuals and user instructions provided by TickedIt or its licensors (collectively the "Service"). The Service you subscribe to may be a free Service where you are an individual person (the “Free Service”) or a paid Service where you are a business (be that an individual engaged in business, firm or corporate entity) (the “Paid Service”). The Service TickedIt provides may be more particularly described on the individual pages of the Site.
Your access to and use of the Site and the Service is conditional upon your acceptance of and compliance with these Terms. These Terms apply to all visitors using your account, any User and others who access or use the Site or the Service through your account. A “User” may, without limitation, be any persons employed by or under contract to you who might have a diary via the Paid Service through your account or who might otherwise use your account. You may also have a diary via the Paid Service through your account in respect of, without limitation, equipment, facilities (such as meeting rooms) and vehicles.
By accepting these Terms electronically and/or by accessing or using the Site or the Service and/or installing any software in respect of the Service, you agree and consent to be bound by these Terms in full. You also agree that your electronic acceptance of these Terms shall have the same force and effect as if you had agreed to these Terms in writing.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE OR THE SERVICE AND/OR INSTALLING ANY SOFTWARE IN RESPECT OF THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THESE TERMS. YOUR ACCESS OR USE OF THE SITE OR THE SERVICE AND/OR INSTALLATION OF ANY SOFTWARE IN RESPECT OF THE SERVICE CONSTITUTES ACCEPTANCE OF THESE TERMS.
You should print a copy of these Terms or save them to your computer for future reference.
These Terms, and any agreement between you and us, are only in the English language.
You may use the Service only if you can form a binding contract with TickedIt, and only in compliance with these Terms and all applicable laws, rules and regulations. The Service may change from time to time as we evolve, refine or add more features to the Service, often without prior notice to you.
In addition, TickedIt may temporarily or permanently stop providing the Service, or any features within the Service, to you, or to visitors or Users generally using your account, and may not be able to provide you with prior notice.
Large areas of the Service allow you and visitors, Users and others using your account to upload and view information and text (“Content” or "your Content”), and to share your Content with others.
You retain ownership of your Content, but there are many things that visitors or Users using your account may do with your Content, for example, copy it. TickedIt has no responsibility for that activity.
You agree that any Content that is uploaded using your account does not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions.
You retain full ownership to your Content, but you agree to grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free licence (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute such Content in connection with providing the Service to you and other visitors and Users using your account in accordance with your account settings. You are responsible for managing your settings in respect of your account. In connection with providing the Service, we may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
We reserve the right to access, read, preserve and disclose any information as we reasonably believe is necessary to:
- (i) satisfy any applicable law, regulation, legal process or governmental request;
- (ii) enforce these Terms, including investigation of potential violations;
- (iii) detect, prevent or otherwise address fraud, security or technical issues;
- (iv) respond to user support requests; or
- (v) protect the rights, property or safety of TickedIt, its users and the public.
The pages of the Site will guide you through the steps you need to take to create an account with us, whether that account is in relation to a subscription for the Free Service or the Paid Service.
You must provide us with accurate information when you create your account with us. Your account with us gives you, and visitors and Users using your account, access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion.
By distinguishing between the Free Service and the Paid Service, we may maintain different types of accounts for different types of users or organisations.
If you connect to the Service with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another user's account without permission.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with us or a third-party service.
We encourage you to use "strong" passwords that use a combination of upper and lower case letters, numbers and symbols with your account.You agree not to disclose your password to any third-party.
TickedIt cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
Subject to these Terms, TickedIt gives you a personal, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive licence to use the Service.
We reserve all rights not expressly granted in these Terms in the Service.
We can terminate this licence at any time for any reason or for no reason without any obligation regarding providing a refund.
Where you subscribe for the Paid Service, your licence to use the Paid Service will commence on the date you subscribe to use it and it shall continue until it is terminated by us or you. Your licence for the Paid Service is subject to you paying the applicable licence fee representing the number of diaries utilised using the Paid Service through your account. The licence fee will be as described on the individual pages of the Site as is dependent on the number of diaries utilised using the Paid Service through your account. Your use of the Paid Service is limited to the total number of diaries you are paying the licence fee for and for your internal business purposes only. An additional licence fee will be payable should additional diaries be utilised using the Paid Service through your account in excess of the number agreed between you and us. You will assist us in determining diary numbers and certify such diary numbers within 7 days of a request by us to do so. You can terminate this licence at any time by giving us not less than 30 days’ written notice of termination, expiring on the last day of a month. A “month” shall be a period of 1 month commencing from the date your licence commences and each anniversary of that date.
Your licence for the Paid Service is subject to you paying the applicable licence fee representing the number of Users using the Paid Service through your account.
The licence fee will be as described on the individual pages of the Site as is dependent on the number of Users using the Paid Service through your account.
Your use of the Paid Service is limited to the total number of Users you are paying the licence fee for and for your internal business purposes only.
An additional licence fee will be payable should additional Users use the Paid Service through your account in excess of the number agreed between you and us.
You will assist us in determining User numbers and certify such User numbers within 7 days of a request by us to do so.
You can terminate this licence at any time by giving us not less than 30 days’ written notice of termination, expiring on the last day of a month. A “month” shall be a period of 1 month commencing from the date your licence commences and each anniversary of that date.
Unless otherwise agreed, you shall pay the licence fee for the Paid Service monthly in advance by direct debit.
Unless otherwise agreed, the licence fee is exclusive of value added tax and similar taxes, which will be applied in accordance with prevailing legislation in force at the tax point date.
If you fail to pay any amount payable to us, we shall be entitled, but not obliged, to charge interest on the overdue amount and claim compensation, both in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
Notwithstanding such rights in respect of late payment, we may, at our option, and without prejudice to any other remedy, at any time after payment has become due terminate your licence to use the Paid Service in respect of all Users without any obligation regarding providing a refund.
We reserve the right to vary the licence fee for the Paid Service and the amount we take from you by way of direct debit, provided always that we give you 60 days’ notice of our intention to do so.
Where you subscribe for the Free Service, your licence to use the Free Service will commence on the date you subscribe to use it and it shall continue until it is terminated by us or you.
No licence fee is payable in respect of the Free Service. Your use of the Free Service is limited to your personal non-business purposes only and you warrant to us that you will not use the Service for any business purposes.
You can terminate this licence at any time.
All right, title and interest in and to the Site and the Service (excluding your Content) are and will remain the exclusive property of TickedIt and its licensors.
The Site and the Service is protected by copyright, trademark and other laws of both England and foreign countries.
Nothing in these Terms gives you a right to use the “TickedIt” name or any of TickedIt’s trademarks, logos, domain names and other distinctive brand features.
Any feedback, comments or suggestions you may provide regarding TickedIt, the Site or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
All Content in or on the Service is the sole responsibility of the person who originated such Content.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service.
We may not monitor or control the Content posted via the Service and we cannot take responsibility for such Content.
Under no circumstances will TickedIt be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content in the Service.
You agree that you are responsible for your use of the Service, for any Content you provide or which is provided through your account and for any consequences thereof, including the use of your Content by other users and third-parties.
You understand that if you do not have the right to submit Content to the Service, doing so may subject you to liability.
TickedIt will not be responsible or liable for any use of your Content by TickedIt in accordance with these Terms.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit or which is submitted by others through your account including all necessary rights to upload your Content for use in accordance with these Terms.
TickedIt is trusted by its users and we trust you to use the Service responsibly. You agree not to misuse the Service. For example, you must not, and must not attempt to do the following things:
- (i) use the Service for any unlawful purposes or for promotion of illegal activities;
- (ii) post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;
- (iii) impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse or deceive others;
- (iv) publish or post other people's private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorisation and permission;
- (v) send unsolicited communications, promotions or advertisements or spam;
- (vi) access, tamper with or use non-public areas of the Site, the Service, TickedIt’s computer systems or the technical delivery systems of TickedIt’s providers;
- (vii) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- (viii) access or search the Site or the Service by any means other than our publicly supported interfaces (for example, "scraping"); or
- (ix) interfere with, or disrupt, the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service
International users agree to comply with all local laws regarding online conduct and acceptable content.
We may investigate and/or suspend your account if you or others using your account violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you or others using your account violate these Terms or abuse the use of the Service.
The Site and the Service may have links to third-party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by us.
We do not endorse or assume any responsibility for any of these third-party sites, information, materials, products or services.
You expressly relieve TickedIt from any and all liability arising from your use of any third-party website, service or content and agree that your dealings with any third-party website, service or content is only between you and such third-parties.
You agree that we are not responsible for any loss or damage of any sort in your dealings with such third-parties.
You agree to defend, indemnify and hold harmless TickedIt and its licensees and licensors, and our and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to legal fees) arising from your use of and access to the Site and the Service, including any data or Content transmitted or received by you, any other party's access or use of the Service through your account (whether or not with your username and password), or your violation of these Terms, applicable law, rule or regulation.
Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Site or the Service after revisions become effective, you agree to be bound by the revised terms.
If you do not agree to the new terms, please stop using the Site and the Service.
THE SITE AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SITE AND THE SERVICE IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, TICKEDIT AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT ON THE SITE AND THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SITE OR THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE OR THE SERVICE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SITE OR THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TICKEDIT, ITS LICENSEES, LICENSORS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE.
UNDER NO CIRCUMSTANCES WILL TICKEDIT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORISED ACCESS OR USE OF THE SITE OR THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TICKEDIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
- (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT;
- (II) DEATH OR PERSONAL INJURY (OTHER THAN AS A RESULT OF OUR NEGLIGENCE) OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICE;
- (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
- (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE SERVICE;
- (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE OR THE SERVICE BY ANY THIRD-PARTY;
- (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE OR THE SERVICE; AND/OR
- (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD-PARTY. IN NO EVENT SHALL TICKEDIT, ITS LICENSEES, LICENSORS, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AGGREGATE OF ALL LICENCE FEES YOU HAVE PAID TO US HEREUNDER IN RESPECT OF THE SERVICE IN THE CONTRACT YEAR IN WHICH THE LIABILITY ARISES. A “YEAR” SHALL BE A PERIOD OF 12 MONTHS COMMENCING FROM THE DATE YOUR LICENCE COMMENCES AND EACH ANNIVERSARY OF THAT DATE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON STATUTE, COMMON LAW, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TICKEDIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE THAT OUR LICENSEES, LICENSORS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS, TOGETHER WITH US, SHALL BE ENTITLED TO THE BENEFIT OF THE FOREGOING LIMITATIONS OF LIABILITY. YOU ACKNOWLEDGE THAT WE MUST LIMIT OUR LIABILITY AND THAT WE ARE ABLE TO PROVIDE THE FREE SERVICE FOR FREE OR THE PAID SERVICE FOR THE AMOUNT OF THE LICENCE FEE PAYABLE IN RESPECT OF IT, AS THE CASE MAY BE, BASED ON THE FOREGOING LIMITATIONS OF LIABILITY. YOU ARE ADVISED TO TAKE OUT YOUR OWN INSURANCE ARRANGEMENTS IF YOU WISH TO LIMIT YOUR EXPOSURE OR RISK OR IF YOU REQUIRE FURTHER OR DIFFERENT COVER.
The Site and the Service is controlled and operated from TickedIt’s facilities in England. We make no representations that the Site or the Service is appropriate or available for use in other locations. Those who access or use the Site or the Service from other jurisdictions do so at their own volition and risk and are entirely responsible for compliance with all applicable English and local laws, rules and regulations, including but not limited to export and import regulations.
You may not use the Site or the Service if you are a resident of a country embargoed by England, or are a foreign person or entity blocked or denied by the English government. Unless otherwise explicitly stated, all materials found on the Site and the Service are solely directed to individuals, companies or other entities located in the United Kingdom.
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.
Subject to section 5, the parties to these Terms will attempt in good faith to resolve any dispute or claim arising out of or relating to these Terms promptly through negotiations. If the matter is not resolved through negotiations within 30 days of those negotiations commencing, either party may commence court proceedings. Nothing in this section shall limit either party’s ability to seek injunctive relief or other emergency relief.
You agree that the Site and the Service are based in England. These Terms are governed by and construed according to the laws of England and you irrevocably consent to the exclusive jurisdiction and venue of the courts of England. This choice of law and venue is made to ensure uniform procedures and interpretations for all users of the Site and the Service no matter where they may be located or where they use the Site or the Service.
These Terms, together with any amendments and any additional agreements you may enter into with TickedIt in connection with the Site or the Service, will constitute the entire agreement between you and TickedIt concerning the Site and the Service and you agree that, in subscribing for the Service (whether the Free Service or the Paid Service), you have not relied upon any representations (whether written or oral) of any kind or of any person other than those expressly set out in these Terms or any amendments and any additional agreements you may enter into with TickedIt in connection with the Site or the Service.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. The said invalid provision shall, if possible, be construed in such a way as to be valid whilst, at the same time, most closely expressing the intent of the provision as originally drafted.
Subject to section 12, no variation of these Terms will be valid unless confirmed in writing signed by an authorised signatory of TickedIt. No waiver of any sections of these Terms shall be deemed a further or continuing waiver of such term or any other term, and TickedIt’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
We may provide notifications, whether these are required by law or are for marketing or other business related purposes, to you via e-mail notice, written or hard copy notice or through posting of such notice on the Site, as determined by us in our sole discretion.
The parties to these Terms:
- (i) shall not engage in any activity, practice or conduct which would constitute an offence under any anti-bribery and/or anti-corruption laws, regulations and/or codes including but not limited to the Bribery Act 2010; and
- (ii) shall have in place adequate procedures designed to prevent any person connected (either directly or indirectly) with the agreement created pursuant to these Terms from engaging in any activity, practice or conduct which would infringe any anti-bribery and anti-corruption laws, regulations and codes including but not limited to the Bribery Act 2010.
Please contact us at firstname.lastname@example.org with any questions regarding these Terms.