Terms and Conditions of Use

  1. Introduction
    1. These terms and conditions shall govern your use of our website and app (our “Hosted Services”)
    2. By using our Services, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Services.
    3. If you register with our Services, submit any material to our Services, we will ask you to expressly agree to these terms and conditions.
    4. You must be at least 18 years of age to use our Hosted Services; by using our Hosted Services or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
  2. Copyright notice
    1. Copyright © 2020 Character Counts Ltd.
    2. Subject to the express provisions of these terms and conditions:
      1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our Hosted Services and the material contained in our Hosted Services; and
      2. all the copyright and other intellectual property rights in our Hosted Services and the material contained in our Hosted Services are reserved.
  3. Permission to use website
    1. You may:
      1. view pages from our Hosted Services in a web browser;
      2. download pages from our Hosted Services for caching in a web browser;
      3. print pages from our Hosted Services for your own personal and non-commercial use, providing that such printing is not systematic or excessive; and
      4. stream audio and video files from our Hosted Services using the media player on our Hosted Services, subject to the other provisions of these terms and conditions.
    2. Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our Hosted Services or save any such material to your computer.
    3. You may only use our Hosted Services for your own personal and business purposes; you must not use our Hosted Services for any other purposes.
    4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our Hosted Services.
    5. Unless you own or control the relevant rights in the material, you must not:
      1. republish material from our Hosted Services (including republication on another website);
      2. sell, rent or sub-license material from our Hosted Services;
      3. show any material from our Hosted Services in public;
      4. exploit material from our Hosted Services for a commercial purpose; or
      5. redistribute material from our Hosted Services.
    6. Notwithstanding Section 3.5, you may redistribute our newsletter in electronic form.
    7. We reserve the right to suspend or restrict access to our Hosted Services, to areas of our Hosted Services and/or to functionality upon our Hosted Services. We may, for example, suspend access to the Hosted Services during server maintenance or when we update the Hosted Services. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Hosted Services.
  4. Social media platforms
    1. our Hosted Services includes features that enable users to interact with social media platforms - including Facebook, Instagram, Twitter, YouTube - directly from our Hosted Services.
    2. Using the social media features on our Hosted Services, you may:
      1. share data or content from our Hosted Services; and
      2. like content from our Hosted Services.
    3. You acknowledge that the use of the social media platforms is subject to the terms and conditions of the relevant platform operator and that the use of any personal data transferred to the platforms is subject to the privacy policy or notice of the relevant platform operator.
    4. Subject to Section 14.1, we will not be liable to you for any loss or damage arising out of:
      1. your use of any social media platform; and
      2. any act or omission of any social media platform operator.
    5. When using social media features on our Hosted Services or browsing pages on our Hosted Services that incorporate social media features, the social media platforms may collect information about you and your use of our Hosted Services and those features, including by means of cookies. For more information about these cookies and the use of personal data collected by us and by the platforms, see our privacy and cookies policy.
  5. Misuse of our Hosted Services
    1. You must not:
      1. use our Hosted Services in any way or take any action that causes, or may cause, damage to the Hosted Services or impairment of the performance, availability, accessibility, integrity or security of the Hosted Services;
      2. use our Hosted Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      3. hack or otherwise tamper with our Hosted Services;
      4. probe, scan or test the vulnerability of our Hosted Services without our permission;
      5. circumvent any authentication or security systems or processes on or relating to our Hosted Services;
      6. use our Hosted Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
      7. impose an unreasonably large load on our Hosted Services resources (including bandwidth, storage capacity and processing capacity);
      8. decrypt or decipher any communications sent by or to our Hosted Services without our permission;
      9. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Hosted Services without our express written consent;
      10. access or otherwise interact with our Hosted Services using any robot, spider or other automated means, except for the purpose of search engine indexing;
      11. use our Hosted Services except by means of our public interfaces;
      12. violate the directives set out in the robots.txt file for our website;
      13. use data collected from our Hosted Services for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
      14. do anything that interferes with the normal use of our Hosted Services.
    2. You must not use data collected from our Hosted Services to contact individuals, companies or other persons or entities.
    3. You must ensure that all the information you supply to us through our Hosted Services, or in relation to our Hosted Services, is true, accurate, current, complete and non-misleading.
  6. Registration and accounts
    1. You may register for an account with our Hosted Services by completing and submitting the account registration form on our Hosted Services, and clicking on the verification link in the email that the Hosted Services will send to you.
    2. You must not allow any other person to use your account to access the Hosted Services.
    3. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
    4. You must not use any other person's account to access the Hosted Services, unless you have that person's express permission to do so.
  7. User login details
    1. If you register for an account with our Hosted Services, you will be asked to choose a password.
    2. You must keep your password confidential.
    3. You must notify us in writing immediately if you become aware of any disclosure of your password.
    4. You are responsible for any activity on our Hosted Services arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
  8. Cancellation and suspension of account
    1. We may:
      1. suspend your account;
      2. cancel your account; and/or
      3. edit your account details,
      at any time in our sole discretion with or without notice to you.
    2. We will usually cancel an account if it remains unused for a continuous period of 36 months.
    3. You may cancel your subscription within 14 days from the date on which you subscribe (“Cancellation Period”) if we have not already started providing services to you at your request or with your consent.
    4. Should you agree that we may provide you with the Hosted Services during the Cancellation Period you acknowledge and agree that you will lose this statutory right to cancel. For the avoidance of doubt, your subscription will start from the date on which you subscribe to the Hosted Services
    5. To exercise this right to cancel, you must inform us at hello@easypeasyapp.com of your decision to cancel this contract by a clear statement or by following the instructions in the Hosted Services.
  9. Our rights to use your content
    1. In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Hosted Services for storage or publication on, processing by, or transmission via, our Hosted Services.
    2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and, with your specific consent, publish your content on and in relation to our Hosted Services.
    3. You grant to us the right to sub-license the rights licensed under Section 9.2.
    4. You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
    5. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
    6. You may edit your content to the extent permitted using the editing functionality made available on our Hosted Services.
    7. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
  10. Rules about your conten
    1. You warrant and represent that your content will comply with these terms and conditions.
    2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
    3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
      1. be libellous or maliciously false;
      2. be obscene or indecent;
      3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
      4. infringe any right of confidence, right of privacy or right under data protection legislation;
      5. constitute negligent advice or contain any negligent statement;
      6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
      7. be in contempt of any court or in breach of any court order;
      8. be in breach of racial or religious hatred or discrimination legislation;
      9. be blasphemous;
      10. be in breach of official secrets legislation;
      11. be in breach of any contractual obligation owed to any person;
      12. depict violence;
      13. be pornographic, lewd, suggestive or sexually explicit;
      14. be untrue, false, inaccurate or misleading;
      15. consist of or contain any instructions, advice or other information which, if acted upon, cause illness, injury or death, or any other loss or damage;
      16. constitute spam;
      17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
      18. cause annoyance, inconvenience or needless anxiety to any person.
    4. Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
    5. You must not use our Hosted Services to link to any website or web page consisting of or containing material that would, were it posted on our Hosted Services, breach the provisions of these terms and conditions.
    6. You must not submit to our Hosted Services any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
  11. Report abuse
    1. If you learn of any unlawful material or activity on our Hosted Services, or any material or activity that breaches these terms and conditions, please let us know.
    2. You can let us know about any such material or activity by email or using our contact form within our Hosted Services.
  12. Limited warranties
    1. We do not warrant or represent:
      1. the completeness or accuracy of the information published on our Hosted Services;
      2. that the material on the Hosted Services is up to date;
      3. that the Hosted Services will operate without fault; or
      4. that the Hosted Services or any service on the Hosted Services will remain available.
    2. We reserve the right to discontinue or alter any or all of our Hosted Services services, and to stop publishing our Hosted Services, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the Hosted Services.
    3. To the maximum extent permitted by applicable law and subject to Section 14.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Hosted Services and the use of our Hosted Services.
  13. Limitations and exclusions of liability
    1. Nothing in these terms and conditions will:
      1. limit or exclude any liability for death or personal injury resulting from negligence;
      2. limit or exclude any liability for fraud or fraudulent misrepresentation;
      3. limit any liabilities in any way that is not permitted under applicable law; or
      4. exclude any liabilities that may not be excluded under applicable law.
    2. The limitations and exclusions of liability set out in this Section 14 and elsewhere in these terms and conditions:
      1. are subject to Section 14.1; and
      2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
    3. To the extent that our Hosted Services and the information and services on our Hosted Services are provided free of charge, we will not be liable for any loss or damage of any nature.
    4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
    5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    6. We will not be liable to you in respect of any loss or corruption of any data, database or software.
    7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
    8. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Hosted Services or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
  14. Indemnity
    1. You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our Hosted Services or any breach by you of any provision of these terms and conditions.
  15. Breaches of these terms and conditions
    1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
      1. send you one or more formal warnings;
      2. temporarily suspend your access to our Hosted Services;
      3. permanently prohibit you from accessing our Hosted Services;
      4. block computers using your IP address from accessing our Hosted Services;
      5. contact any or all of your internet service providers and request that they block your access to our Hosted Services;
      6. commence legal action against you, whether for breach of contract or otherwise; and/or
      7. suspend or delete your account on our Hosted Services.
    2. Where we suspend or prohibit or block your access to our Hosted Services or a part of our Hosted Services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
  16. Third party websites
    1. Our Hosted Services includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
    2. We have no control over third party websites and their contents, and subject to Section 14.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
  17. Trademarks
    1. Trade Mark UK00003005721, our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
    2. The third party registered and unregistered trademarks or service marks on our Hosted Services are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
  18. Competitions
    1. From time to time we may run competitions, free prize draws and/or other promotions on our Hosted Services.
    2. Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).
  19. Variation
    1. We may revise these terms and conditions from time to time.
    2. The revised terms and conditions shall apply to the use of our Hosted Services from the date of publication of the revised terms and conditions on the Hosted Services, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions
    3. If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the Hosted Services, and you must stop using the Hosted Services.
  20. Assignment
    1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
    2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
  21. Severability
    1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
    2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
  22. Third party rights
    1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
    2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
  23. Entire agreement
    1. Subject to Section 14.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our Hosted Services and shall supersede all previous agreements between you and us in relation to your use of our Hosted Services.
  24. Law and jurisdiction
    1. These terms and conditions shall be governed by and construed in accordance with English law.
    2. Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
  25. Our details
    1. Our Hosted Services are owned and operated by Character Counts Ltd.
    2. We are registered in England and Wales under registration number 08977183, and our registered office is at 20-30 Whitechapel Road, London, England, E1 1EW.
    3. Our principal place of business is at 20-30 Whitechapel Road, London, England, E1 1EW.
    4. You can contact us:
      1. using our Hosted Services contact form;
      2. by email, using hello@easypeasyapp.com.

This document was last updated in May 2020.