Firstly, we are in beta testing at the moment so we cannot guarantee the functionality, stability, availability or security of this web application. You are free to use it for testing purposes and to try out some of the features (as long as you agree to the terms and conditions below) but this is unfinished beta software not a production ready system so you should treat is as such. We would really appreciate your feedback (good, bad, feature requests), please use the site feedback form.
Terms and conditions for the use of Open Your Diary services including the Open Your Diary online booking service and associated website.
We are:
Open Your Diary
Quickstride Limited
Company number 06241262
Our registered office
Winterbrook
Bessels Lea
Blewbury
Oxon OX11 9NW
United Kingdom
Contact details
Email: info@openyourdiary.com
Website: www.OpenYourDiary.com
Who may use this service
This service is provided for users within the United Kingdom over the age of 16 years. Any other person may not use this service or purchase good or services from us or through this site.
If you are using this system then you are a “User” and agree to be bound by these terms and conditions which regulate the business relationship between you and us.
Changes to terms
We may change or update our terms and conditions from time to time, your continued use of the service is deemed to be your consent to accept and be bound by these amended terms and conditions.
Pricing and payment
We provide a range of services, a number of which are free of charge but others require payment.
All prices are exclusive of any sales tax, value added tax or other charges and unless otherwise stated you are responsible for any applicable taxes or charges.
Within Open Your Diary, services are paid for with “credits”. The price of credits may vary from time to time and may be given away for free as part of promotional activity. Volume discounts for credits may also apply from time to time.
The sales of credits is final and all monies paid by you are non-refundable.
We will provide you with an online billing statement but paper copies are available at an extra charge.
If any sum payable by you or your agents is not paid when due then you shall pay additional interest at the the rate of 2% over the LIBOR calculated on a daily basis compounded monthly from the due date until the full outstanding balance is paid.
Acceptable use policy (AUP)
To use the services of Open Your Diary including the website you agree to comply with the following provisions:
You will not allow anyone else to access your account or use the service on your behalf.
You will not reveal and will take reasonable steps to maintain the secrecy of your account login details (user name and password). If you believe someone may have discovered all or part of your login details you will immediately change your password and inform us of the breach of security.
You will not post or otherwise publish copyright works (including but not limited to software, audio or video) pornographic material, software to enable assists or promotes the compromising of software or telecommunication systems or any material promoting discrimination or animosity to others. Nor will you provide links or directions to the above material. You will not use the service or website to promote or sell adult or religious services.
You will not use the service for illegal activity or the promotion of illegal activities.
You will not use the service or information gathered via the service for spamming. This includes but is not limited to sending the bulk sending of email or SMS messages, repeated forum postings, posting of unsolicited materials an junk mail.
You will not harass other users or send content to users that would be inappropriate for anyone under the age of 18.
You will not interfere with the service in any manner which may compromise the security of the service, the data held within the service or the ability of others to use the service. You will not use the service to compromise other services or computing equipment.
Data and privacy policy
You agree that the information you supply to us is accurate, up to date and complete and that you will keep it so.
You will not pass on any data obtained by using the service to third parties without the prior written consent of the individuals or organisations the data concerns.
In operating the services we will store your data with a number of third party service providers, some of which operate their services outside of the European Union. The operators of these third party services will have access to your data for backup etc. We will also use the services of third party developers outside the EU who may need to access your data for diagnostic and service delivery purposes.
We will not sell or pass on your personal data to third parties unless either required by law or as part of the standard use of the services (for example, to send a booking request we must send your details to the relevant provider). However, we will from time to time use your data to send information about our and third party services. You can express and adjust your communication preferences via your account control panel.
Content and intellectual property rights
We reserve the rights to content provided by us. You may not copy, modify, transmit, sell, reproduce reverse engineer or otherwise use our content or code without our prior written consent.
Due to the nature of the service we provide, the content posted by others, for example users of the services including providers and consumers, can post their own content for which we can take no responsibility. If you post content using our services you take full responsibility for that content, you warrant that you have the right to use the content and that you grant us the right to use the content free of charge or encumbrance.
Indemnity
You agree to indemnify us against any claim or demand arising from your use of the services or the content you provide. You also agree to pay any reasonable legal fees arising from your breach of these terms by you or anyone using you account or computer.
Service availability
While we will endeavour to keep the service available we may need to interrupt or withdraw the service at any time. We will endeavour to provide you with advanced notice of any service interruption but you must acknowledge that service may be withdrawn or interrupted due to reasons beyond our control. You agree that we are not liable to you or your customers for any loss whether foreseeable or not arising as a result of interruption to the services.
While we will endeavour to provide a high quality service we cannot guarantee the transmission of messages via email or SMS so you should not assume that a message sent or booking request made has been received by the expected recipient.
We will terminate your access to the service should you breach the letter or spirit of these terms and conditions.
Our liability
Your use of the service is without warranty or guarantee.
Much of the content of our services and websites is provided by others and we are under no obligation to monitor, moderate or check this content. We disclaim all responsibility for this content but will investigate it if notified. Similarly we have no control over the content of 3rd party sites linked to from our site so we cannot be held liable for their content or use.
Under no circumstances shall we or our service providers be liable for any special, indirect or consequential damages or losses arising through use of or failure of our services or the services of our service providers.
Termination
You may terminate your business relationship as governed by these terms and conditions at any time with immediate effect by writing to us at our postal address.
Upon termination your right to use the service immediately ceases, your data immediately becomes forfeit (we will no longer make it available for retrieval) and messages will no longer be stored or forwarded.
We reserve the right to terminate your account at any time at our sole discretion and if the termination is due to a breach of these terms and conditions, we will not refund any fees paid by you.
Beta software
This is a beta service so as such should not be used as a production ready business solution as we cannot guarantee availability, security, integrity or functionality of the service or software.
Use the service and the website for testing purposes only.