In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Maple Magic” means Maple Magic Limited of First Floor, Lipton House, Stanbridge Road, Leighton Buzzard, LU7 4QQ;
“Service” means collectively any online facilities, tools, services or information that Maple Magic makes available through the Web Site either now or in the future;
“System” means any online communications infrastructure that Maple Magic makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by Maple Magic and acting in the course of their employment; and
“Web Site” means the website that you are currently using (www.maplemagic.co.uk).
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Maple Magic, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Maple Magic.
Maple Magic service is offered through www.maplemagic.co.uk. Subject to the terms and conditions in the Agreement, during the Agreement Term, Maple Magic hereby grants you limited, non-exclusive, non-transferable, non-sublicensable, worldwide, and revocable rights to access and use the Services solely for your internal business purposes. You agree your subscription to access and use the Services is not contingent on delivery of any future functionality or features or the delivery of any other services.
In order to use our Service, you must 1) be at least eighteen (18) years old and able to enter into contracts; 2) complete the registration process; 3) agree to the terms and conditions set forth in this Agreement; and 4) provide true, complete, and up to date legal and contact information.
The term of the Agreement (the “Agreement Term”) begins when you sign up for Maple Magic or first use the Services and continues as long as you use the Services.
The Services are provided to Customer via a dedicated account on the Website, pursuant to which Customer will create a unique user-id and password.
You’re responsible for keeping your user-id and password confidential. You’re also responsible for any use of any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts.
You are solely responsible for any losses, damages, fees or liability due to your lost, stolen, hacked or otherwise compromised user-ids and passwords.
We don’t have access to your current password, and for security reasons, we may only reset your password.
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Maple Magic or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
We provide both free trail accounts and paid services. Free plan and paid services are provided on per account basis. All charges for the paid services (“Charges”) are posted on the Website, or otherwise set forth in the Agreement. You agree to pay for paid services according to these Terms. Charges paid by Customer are non-refundable.
The Services are a prepaid subscription service with monthly (30 days) payments. Except to the extent otherwise set forth in an Order Form, the subscription does not automatically renew at the end of the paid period.
In case of an unsuccessful charge to credit card, we’ll automatically suspend paid features of your account until your payment can be processed.
As long as you’re using paid services, you’ll provide Maple Magic’s third party payment processor with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, our third party payment processor is unable to process your credit card order, we’ll try to charge 3 more times in the next few days.
We may introduce new or cancel existing paid services and features at any time and change pricing from time to time. You will be informed about any of the changes at least one month in advance via email and/or on our Website.
All prices for Services are calculated in GBP and your credit card will be charged in GBP. You are responsible for any taxes imposed on the Services except in cases where legislation requires us to collect the taxes.
Except as otherwise set forth in an Order Form, you or Maple Magic may terminate this Agreement at any time and for any reason without giving Notice to the other party. Termination of the agreement means that you will lose access to your account.
You do not have to explicitly cancel your subscription to paid services and auto renewal will not take place.
We may at any time terminate the Agreement if (a) you have breached any provision of these Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms); (b) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) the provision of the Services to you by us is, in our opinion, no longer commercially viable; or (d) we have elected to discontinue the Services (or any part thereof).
Once terminated, we may permanently delete your account and all the data associated with it.
If you do not log in to your account for 4 or more months, we may treat your account as “inactive” and may permanently delete the account and all the data associated with it.
If Maple Magic terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued.
Unless we expressly agree otherwise in the Agreement, all Software (as defined below), the Services, and all intellectual property rights associated with the Software and Services, are the sole and exclusive property of Maple Magic. Subject to your full and complete payment of all amounts due to Maple Magic therefor, to the extent Maple Magic provides you or your end users with visual, textual, and/or interactive works or materials, in any form, as part of the Services (individually and collectively, the “Maple Magic Content”), Maple Magic grants you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide, limited license to use the Maple Magic Content solely in connection with your use of the Services. You agree not to use, copy, remove, publish, distribute, perform or display any Maple Magic Content, or any portion thereof, in any other context or website or in connection with any other service. Except for the license granted in this Section 7.1, this is an agreement for services and you are not granted any licenses under the Agreement. You will not take any actions inconsistent with our ownership of each of our rights in the Software and the Maple Magic Content.
In connection with the rights and licenses granted by Maple Magic under the Agreement, Maple Magic may provide you with user manuals, reference manuals, (collectively, the “Documentation”). Maple Magic is the sole and exclusive owner of all right, title and interest in and to the Documentation and all of the intellectual property rights associated with the Documentation.
You agree you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, Documentation, Maple Magic Content or data related to the Services (“Software”); (ii) remove any proprietary notices or labels from the Services or any Software; reproduce or copy the Software or the Services or any part thereof; (iii) modify, translate, or create derivative works based on the Services or any Software; (iv) copy, sell, license, sublicense, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services, the Maple Magic Content, or any Software; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services; (vii) perform or publish any performance or benchmark tests or analyses relating to the Services or the use thereof; (viii) upload, link to or post any portion of the Software and/or the Maple Magic Content on a bulletin board, intranet, extranet or website; (ix) use or distribute the Software and/or the Maple Magic Content in violation of any applicable laws, regulations or export restrictions; (x) possess or use the Software in any format other than machine-readable format; (xi) use the licenses and rights granted under the Agreement to design, develop or distribute a commercial product or service that competes with the Services; (xii) circumvent or attempt to circumvent any technological measures designed to enforce certain limitations or instructions with respect to your use of the Services; (xiii) use the Services to send or store infringing, obscene, threatening, harassing, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; or (xiv) allow third parties to gain access to the Services or to otherwise use the Services in any manner other than as expressly permitted in this Agreement. Maple Magic reserves all rights in the Services not explicitly granted herein. If Customer uses the Services in any country within the European Union, the prohibitions set forth herein will not affect Customer’s rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
You acknowledge and agree that the Services, the Software, the Company names and logos and all related product and service names, design marks and slogans, and all other material comprising the Software or the Services, are the property of the Company or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by Maple Magic or by other parties that have licensed their material to Maple Magic. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Maple Magic. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks. All ownership rights remain in Maple Magic or its third party suppliers, as the case may be.
You acknowledge and agree that any comments, ideas and/or reports provided to Maple Magic (“Feedback”) shall be the property of Maple Magic and you hereby irrevocably transfer and assign to Maple Magic such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
From time to time Maple Magic will run competitions, free prize draws and promotions (‘Competition(s)’) on this website. Competitions may be subject to additional terms that will be made available at the time. No purchase is necessary to enter the Competition unless otherwise stated on the promotional activity with a specific Competition.
Competitions are not open to any employees of Maple Magic, the promoter or their immediate families, a Competition promoter’s advertising agency and sales promotion consultancy, or anyone else connected with the creation and administration of the Competition.
Entries in the incorrect format will not be considered.
Unless otherwise stated, only one Competition entry, fulfilling the eligibility requirements above, will be accepted per person. Spammers will be disqualified.
Entrants will be deemed to have accepted these Terms and to have agreed to be bound by them.
Once selected, only the winner(s) will be contacted personally by email using the contact details provided upon entry.
Winners will be notified on the day that the winner is selected. Winners will have 5 (five) working days to respond in full or another winner will be selected. Maple Magic shall be permitted to exclude or disqualify any entrant at any time at its sole discretion. Maple Magic reserves the right to exclude late, incomplete or multiple registrations, or registrations made by third parties or agents.
Maple Magic does not accept any responsibility for late or lost entries. Proof of sending is not proof of receipt.
Entry to the Competition and acceptance of the prize constitutes permission to use any entrant’s name, image and any competition entry photograph for promotional and/or editorial purposes in any format in print and non-print media without additional consultation.
Prizes must be taken as stated and cannot be deferred, although Maple Magic reserves the right to change the prize in the event of unforeseen circumstances.
You agree that, if you have provided Maple Magic with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Maple Magic and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Maple Magic’s website or otherwise provided a copy of it to the third party. You agree to indemnify Maple Magic in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
Maple Magic makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
From time to time down-time, either scheduled or unscheduled, may occur. Maple Magic will work within reason to ensure this amount of down-time is limited. Maple Magic will not be held liable for the consequences of any down-time.
Maple Magic cannot guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all files associated with the Services, and you release Maple Magic entirely of all responsibility for any consequences of its use.
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Maple Magic accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
To the maximum extent permitted by law, Maple Magic accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
Nothing in these terms and conditions excludes or restricts Maple Magic’s liability for death or personal injury resulting from any negligence or fraud on the part of Maple Magic.
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to CustomerService@MapleMagic.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday
These terms and conditions and the relationship between you and Maple Magic shall be governed by and construed in accordance with the Law of England and Wales and Maple Magic and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.