These terms and conditions of supply, terms of use www.my1login.com/terms/terms-of-use , privacy policy www.my1login.com/terms/privacy-policy , acceptable use policy www.my1login.com/terms/acceptable-use-policy and cookie policy www.my1login.com/terms/cookie-policy tell you information about us and the legal terms and conditions (all together the “Terms”) on which a non-consumer customer may use the My1Login services on our website, www.my1login.com (“Site”). In these terms of supply, all services provided by us through the Site, and all text, images, photographs, user interface, data and other content included on the Site, are referred to as the “the My1Login Services".
The current version of these terms and conditions of supply is Version 4.3 issued on June 19, 2015.
A non-consumer customer is any customer who is not an individual acting for purposes which are wholly or mainly outside of that individual’s trade, business, craft or profession.
Please read the Terms carefully and make sure that you understand them, before using, or purchasing, any of the My1Login Services. Please note that before you use on a free basis, or place an order to purchase, the My1Login Services you will be asked to agree to the Terms; if you do not agree to the Terms, you will not be able to use any of the My1Login Services.
The Terms will apply to any contract between us for access to, and the use by you of, the My1Login Services, whether on a free or paying basis (“Contract”). By clicking “Start Your Free Trial” and using the My1Login Services, you agree to the Terms and create a contract between us.
We may revise the terms and conditions of supply at any time by amending this page. When any revision is made, the version number and date of issue will be updated.
The Terms, and any Contract between us, are only in the English language.
Information about us
1.1 www.my1login.com is a site operated by My1Login Limited ("we" or “us”). We are registered in England and Wales under company number 06361491 and have our registered office at 3rd Floor, 207 Regent Street, Central London W1B 3HH. Our main trading address is The My1Login Development Centre, The Hub, 70 Pacific Quay, Glasgow G51 1EA, our VAT number is GB 121 8367 27
1.2 You may contact us by telephoning our customer service team at +44 (0)131 513 9805 or by e-mailing us at support@my1login.com. If you wish to give us formal notice of any matter in accordance with the Terms, please see paragraph 10.
The My1Login Services
2.1 The My1Login Services provides you, through the Site, with access to a personalised online portal providing storage for web site links and secure storage of login details and other personal data, together with such other miscellaneous features as we may add from time to time. You also understand and agree that the My1Login Services may include communications from us, such as service announcements, and that these communications are considered part of the My1Login Services. You may opt out of routine service announcements but not emergency messages, such as notification of termination of the My1Login Services. Unless explicitly stated otherwise, any changes to the features of the Service, including the release of new My1Login Services, shall be subject to the Terms. You understand and agree that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, usernames, passwords or personalisation settings. You are responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Site. Please be aware that certain sites linked to the Site may contain adult or mature content. You must be at least 18 years of age to access and view such areas.
2.2 The My1Login Services will enable you to store encrypted and non-encrypted information ("Entries") through the Site. You are solely responsible for maintaining your Entries. Encrypted information will include, but not be limited to, the username, password and notes data stored within your Entries. In order to secure your information your username, password and notes field data within your Entries are never stored by us in a decrypted format. Your Entries will be transferred to and processed and stored on our servers. We will use, at a minimum, industry standard technical and organisational security measures to transfer, process and store data. These measures are designed to protect the integrity of data on our servers and guard against unauthorised or unlawful access to, use and processing of data. You agree that we may transfer, process and store your Entries in locations other than your own country. We adhere to the US-EU and Swiss-US Safe Harbor frameworks and their principles.
2.3 In order to access the My1Login Services you must create an account (“Account”) which is protected by an e-mail address login and encryption/decryption "key" chosen by you (“Passphrase”). Your e-mail address and password will grant you access to your Account; you will need to use your Passphrase to access your Entries. Your e-mail address must be a working e-mail address to which you have access at the time of registration, and to which you can reasonably expect to continue to have access to. Should your e-mail address that you wish to use to access the Service change, you must update your Account information.
2.4 In order to access the encrypted data within your Entries, you must first login to your Account and then you must provide your Passphrase. Your Passphrase will decrypt the encrypted data within your Entries. Your Passphrase is not stored on the Site and is not known to us; your Passphrase must never be disclosed to any person, including to us. If you are unable to enter your Passphrase, you may not be able to access your Entries. We do hold a copy of your Passphrase and if it cannot be recovered, we will not be able to retrieve access to your Entries.
2.5 You are solely responsible for maintaining your e-mail address and Passphrase (together, "Login Details") secret and safe. Should you suspect that your Login Details have been lost, stolen or intercepted or there has been any unauthorised use, you must immediately notify us at support@my1login.com . In addition, it is your responsibility to take immediate action to protect your Entries. Immediate action may include entering your Account and changing this information immediately, or activating an immediate account suspension by contacting us at support@my1login.com using the e-mail registered within your Account, including a detailed description of the situation and your e-mail address. In the event of such loss, theft, interception or unauthorised use, we may impose on you, at our sole discretion, additional security obligations.
2.6 If any unauthorised person obtains access to the Site as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly inform us. You shall cooperate and assist in any investigation relating to any such unauthorised access.
2.7 You must never send us any of your Login Details by e-mail. We shall not be responsible for the maintenance, storage or retrieval of your Passphrase nor any loss should you lose or forget your Passphrase.
Charges and How to pay
3.1 The charges for the My1Login Services are listed at https://www.my1login.com/products/pricing (“Subscription Charges”).
3.2 You agree to pay the Subscription Charges by the due date. If Subscription Charges are not paid by the due date, your use of the My1Login Services will be immediately suspended.
3.3 Payment of the Subscription Charges must be made in advance of using the My1Login Services unless otherwise agreed in writing with My1Login.
3.4 Unless otherwise requested in writing, a monthly subscription will automatically renew one month after the previous due date and an annual subscription will automatically renew twelve months after the previous due date. The date upon which a subscription is renewed is referred to as the “Renewal Date”.
3.5 If the My1Login Services are cancelled after the due date and before the renewal date you will be charged for the use of the My1Login Services up until the renewal date. Your My1Login Services and subscription charges will be cancelled on the renewal date.
3.6 You can only pay for the My1Login Services using a debit card or credit card unless otherwise agreed in writing with My1Login. We accept the following cards: Visa, MasterCard, and American Express. It is your responsibility to ensure that the card used to pay for the initial Subscription Charge remains valid for all future subscription charges. If you wish to substitute another card for any future Subscription Charges, you contact us at support@my1login.com.
Use of the site
4.1 Your use of our site is governed by our terms of website use www.my1login.com/terms/terms-of-use and our acceptable use policy www.my1login.com/terms/acceptable-use-policy.
4.2 You acknowledge and agree that we have the right (but not the obligation) in our sole discretion to refuse you access to the Site, or suspend or remove your Account, if there is any violation of the Terms or the use of the Site is otherwise objectionable. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. You acknowledge, consent and agree that we may access, preserve, and disclose your account information and encrypted content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect our rights, property, or personal safety or those of our other users or the public.
4.3 To register to use the Site or purchase the My1Login Services, you must be at least 18 years of age, have authority to bind any business or organisation on whose behalf you are to use the Site or purchase My1Login Services. By completing the registration procedure, you agree to the Terms, represent and warrant that you meet these eligibility requirements, that the information you include as part of the registration process is complete and accurate and, if you are registering on behalf of business or other organisation, that you are authorised to bind that business or organisation to the Terms. We may accept or reject your registration or purchase in our sole discretion.
4.4 Except as expressly provided in the Terms, as between us and you, we will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Site and the My1Login Services, in all media now known or later devised, to the fullest extent provided under the laws of all countries. You shall not remove, conceal or alter any copyright notice, beeline information, disclaimer, restriction or other notice on the Site or any portion thereof. You shall not use or permit any third party to use our name, trademarks, trade names, or trade dress, including "My1Login", without our prior written consent, as determined in our sole discretion, for each such use.
4.5 You agree to indemnify us, keep us indemnified and hold us harmless, and in each case also our its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, from and against any action, claim, demand, or liability arising from or relating to your violation of any of the Terms or use of the Site, and any expenses incurred in connection therewith, including, without limitation, all legal and professional fees.
How we use personal information
5.1 We only use personal information in accordance with our privacy policy www.my1login.com/terms/privacy-policy.
5.2 We shall use commercially reasonable efforts to follow our privacy policy, as such privacy policy may be amended from time to time. Notwithstanding the foregoing, we cannot and do not assume any responsibility or liability for any information submitted to the Site or for the use or misuse of any information submitted by you or any other person, including, without limitation, any information accessed by a hacker or by any other malicious act. You consent to the disclosure of information about you in accordance with the privacy policy.
How we use cookies
6.1 Our use of cookies is governed by our cookie policy www.my1login.com/terms/cookie-policy.
Our right to vary these Terms and conditions of Supply
7.1 We amend these terms and conditions of supply, from time to time. Please look at the top of this page to see when these terms were last updated.
7.2 Every time you use the Site, or purchase My1Login Services from the Site, the Terms in force at the time of your use or purchase will apply to the Contract between you and us.
Our liability
8.1 We only allow use of the Site, and purchase of the My1Login Services, for internal use by you as business or by the business or organisation on whose behalf you are authorised to act, and you agree not to use or purchase the My1Login Services for any resale purposes.
8.2 Nothing in the Terms limits or excludes our liability for death or personal injury caused by our negligence or fraud or fraudulent misrepresentation.
8.3 Subject to paragraph 8.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
8.3.1 any loss of profits, sales, business, or revenue;
8.3.2 loss or corruption of data, information or software;
8.3.3 loss of business opportunity;
8.3.4 loss of anticipated savings;
8.3.5 loss of goodwill; or
8.3.6 any indirect or consequential loss.
8.4 Subject to paragraph 8.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid by you for the My1Login Services.
8.5 Except as expressly stated in the Terms, we do not give any representation, warranties or undertakings in relation to the Site or the My1Login Services. Any representation, condition or warranty which might be implied or incorporated into the Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the My1Login Services are suitable for your purposes. Without limiting the generality of the foregoing, we disclaim, to the maximum extent permitted by law, any and all (i) warranties of merchantability or fitness for a particular purpose; (ii) warranties against infringement of any third-party intellectual property or proprietary rights; (iii) warranties relating to delays, interruptions, errors, or omissions in the web site, or any part thereof; (iv) warranties relating to the transmission or delivery of the web site; and (v) warranties otherwise relating to performance, non-performance, or other acts or omissions by us or any third party.
8.6 We make no effort to determine the identity of a user of the Site beyond collecting a working e-mail address. We cannot and do not confirm that any user is who they claim to be. Because we are not, and cannot be, involved in user-to-user dealings or control the behaviour of users of the Site, if you have a dispute with another user, you hereby release us (and our affiliates, agents and employees) from claims, demands, actions and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Events outside our control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
9.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
9.3.1 we will contact you as soon as reasonably possible to notify you; and
9.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
9.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 7 days. To cancel please contact us at support@my1login.com.
Communications between us
10.1 When we refer in these terms and conditions of supply to "in writing", this will include e-mail.
10.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
10.3 A notice or other communication shall be deemed to have been received: if delivered personally, when, in our case, left at our registered office or, in your case, left at the address provided to us by you; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or if sent by e-mail, one Business Day after transmission.
10.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
10.5 The provisions of this paragraph shall not apply to the service of any proceedings or other documents in any legal action.
General
11.1 You confirm that you have authority to bind any business or organisation on whose behalf you use the Site or purchase My1Login Services from the Site.
11.2 These terms and conditions of supply, and our terms of use, privacy policy, acceptable use policy and cookie policy, constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
11.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions of supply, or our terms of use, privacy policy, acceptable use policy and cookie policy.
11.4 You agree to be cited as a reference customer in marketing and promotional materials and to participate in a case study.
11.5 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
Other important terms
12.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
12.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
12.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
12.4 Each of the paragraphs of these terms and conditions of supply operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.5 If we fail to insist that you perform any of your obligations under the Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.6 A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
12.7 We both irrevocably agree that the courts of England and Wales shall have jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
