General Terms and Conditions
By using the services of 1Daylater Limited (“1Daylater”), you (“the User”) are deemed to have accepted the terms and conditions laid out here. These terms and conditions and the contract of which they form part shall be governed by English law
1 Responsibility of the User
Users are expected to treat our services and other users contactable through 1Daylater in a sensible, responsible and honest manner. Misuse of our services may result in users being struck off our customer database.
2 Operation of the Web Site
2.11 Daylater shall
2.1.2 Reserve the right to take operational decisions affecting the web site
(i) Take the web site off line without notice for essential maintenance, technical reasons or upgrades.
(ii) Vary the technical specifications of the web site (or any part of it) for operational reasons
(iii) Remove any or all of the information which 1Daylater reasonably believe is impairing the operation of the web site
(iv) Remove or amend any of all of the information which 1Daylater reasonably believe is unlawful or has been placed on the web site in breach of agreement
2.1.3 Use all reasonable endeavours to ensure the continued confidentiality of its account identification of its account identification details, passwords, security encryption devices and other confidential information relating to the web site or the customer
2.1.4 Keep confidential and take all reasonable steps to ensure the continued confidentiality of the dealings conducted by the web site.
2.1.5 Use all reasonable endeavours to ensure that the web site shall remain secure and that information not generally available to a third party accessing the web site shall remain confidential
2.1.6 Comply with all of the applicable provisions of the Data Protection Act 1998
4.11 Daylater shall provide the web site ‘as is’ and ‘as available’. It is agreed that it is technically impossible to guarantee that the web site will be uninterrupted, free from errors or that the web site will be free from unauthorised users or ‘hackers’. For the avoidance of doubt, we provide no warranty that the services will be uninterrupted
4.2 Except as expressly set out in these conditions, 1Daylater makes no warranties or representations either express or implied in relation to the whole or part of the Web Site, including (but not limited to) implied terms, warranties or conditions of title, usability, condition, non-infringement of intellectual property rights, completeness, accuracy, satisfactory quality or fitness for a particular purpose thereof or that the Web Site will be uninterrupted or error free, that it will meet any particular criteria of performance or quality. All such warranties, terms and undertakings (whether express or implied, statutory or otherwise) in respect of the availability and operation of the Web Site are hereby expressly excluded
4.3 We do not accept any liability in connection with the operation of any external website or resource which you many access when using the Web Site. Your rights and obligations in relation to the operation of the relevant resource or website shall be governed by the terms and conditions of the relevant data provider
4.4 Nothing in these terms and conditions shall exclude:-
(i) 1Daylater’s liability for death or personal injury arising from 1Daylater’s negligence or that of its servants, agents or employees; or
(ii) any other liability which it is prohibited from excluding by law.
You agree to indemnify and hold 1Daylater and (as applicable) its, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms and conditions (including any documents incorporated by reference), or your violation of any law or the rights of a third party
5 Changes to these Conditions
We reserve the right at any time without notice to revise these conditions. Any changes to these conditions will be notified to you in a manner determined by us and be posted on our site and by continuing to use our site following any such notifications you will signify that you agree to be bound by the revised terms and conditions of use.
6.1 All content published by 1Daylater such as images, news items and all other content are copyright of 1Daylater. This information cannot be reproduced in any other advertisement or marketing, unless 1Daylater has granted written consent
6.2 We shall retain ownership of the copyright and all other intellectual property rights (including, but not limited to, any patent, trade mark, service mark, domain name, trade name or copyright and any application for registration or protection of any of the same anywhere in the world) in the product of the services the Web Site and the software upon which it is based (“the Software”). Without prejudice to the generality of the forgoing, you shall not:
(a) use, copy or transfer the Software (or any part of it) except as permitted by this Agreement; or
(b) alter, adapt, merge, modify or translate the Software (or any part of it) in any way for any purpose; or
(c) reverse-engineer, disassemble or decompile the Software (or any part of it).
6.3 Without prejudice to the generality of clause 6.1 and 6.2, we shall own the copyright in the design and layout of the Web Site. All goodwill arising in connection with the Web Site shall belong to us