Welcome to Access Your Life! By accessing www.accessyourlife.co.uk and its related websites, services, applications or tools (Collectively referred to as “AYL “) you are agreeing to the following terms, including those available by hyperlink, which are designed to ensure that AYL is accessible to everyone. AYL is provided to you by Access Your Life Limited, 21 Rowantree Road, Walkerville, Newcastle Upon Tyne, United Kingdom, NE6 4TD. Registered in England and Wales, number 11180827.
As a condition of your use of Access Your Life:
· violate any laws;
· violate the Posting Rules;
· post any threatening, abusive, defamatory, obscene or indecent material;
· post or otherwise communicate any false or misleading material or message of any kind;
· infringe any third-party right;
· distribute spam, chain letters, or promote pyramid schemes;
· distribute viruses or any other technologies that may harm AYL or the interests or property of AYL users;
· impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of AYL;
· copy, modify, or distribute any other person’s content without their consent;
· use any robot spider, scraper or other automated means to access AYL and collect content for any purpose without our express written permission;
· harvest or otherwise collect information about others, including email addresses, without their consent;
· copy, modify or distribute rights or content from the AYL site, services, applications or tools or AYL ‘s copyrights and trademarks;
· harvest or otherwise collect information about users, including email addresses, without their consent
· bypass measures used to prevent or restrict access to AYL ;
· sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
AYL strives to keep the websites, services, applications and tools working properly, as well as ensuring our content is safe and appropriate. Please report any problems, offensive content and policy breaches to us using the reporting system.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off AYL. We would only do so if we thought that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including without limitation, circumventing temporary or permanent suspensions, harassing the AYL employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off AYL, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools. We do not accept any liability for unauthorised or unlawful content on AYL, or use of AYL by users.
Fees and Services:
Using AYL is free to access, however we may charge you to for a particular service. If the service you use incurs a fee, you’ll be able to review and accept the terms and conditions that will be clearly disclosed at the time. Our fees are quoted in Pounds Sterling (£), and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the AYL website. We may choose to temporarily change our fees for promotional events or new services; but these changes are only effective when we announce the promotional event, or new service.
· If your ads went live with exposure on the AYL sites, services, applications or tools, even for a limited time and that they benefited from the service associated with the paid fee;
· If you post duplicate ads as defined in our rules, regarding duplicate ads policy;
· If we believe that your ads are in a significantly wrong category.
· Please note that the above list is not exhaustive.
Duplicate Ads Policy:
All adverts posted must be unique. Unique means that your advert is substantially different from each other. You should only post an Advert on the AYL Website for a product or service you’re offering. You may place duplicate adverts on different pages of the AYL website, however you will be charged for the space on each page in which you choose to advertise.
Duplicate Listings Policy:
To ensure buyers see a wide variety of options from a variety of sellers, we don’t allow more than one fixed price listing of an identical item at the same time, from the same seller.
AYL contains content from us, you, and other users. AYL is protected by copyright laws and international treaties. Content displayed on or via AYL is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from AYL without our written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in AYL. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of AYL (other than your own content). When providing us with content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design and database. As well as intellectual property rights to that content, in any media whether now known or to be discovered in the future and on all other sites, services, applications and tools that are part of the AYL community. For example, the AYL Website or other upcoming websites we own such as Pimp My Wheelz. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.
AYL may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your AYL advert, during the time your ad is on the AYL website. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads). This permission is subject to modification or revocation at any time at AYL ‘s sole discretion.
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products are offered on AYL, by private individuals in the UK. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement, which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by AYL.
Reporting An Infringement:
In order to participate in the Notice of Infringement Programme, you only need to complete a Notice of Infringement Form. You can use the form linked HERE, to report advertisements, which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party, or their officially authorised representative. This information must also enable AYL to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to AYL via the e-mail address provided at the bottom of this page.
NOTE: This form can only be used by the lawful owners of the relevant intellectual property rights. The “Notice of Infringement” is intended to enable rights owners to ensure that products offered by AYL users do not infringe their copyright, trademark rights or other intellectual property rights.
Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do. We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on AYL comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind, which violates or infringes upon the rights of any other person. This includes without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use AYL, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) £100 Pounds Sterling.
If you have a dispute with one or more AYL users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
Third Party Rights:
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999, to enforce any term of this User Agreement. However, this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
By using AYL, you agree to the collection, transfer, storage and use of your personal information by AYL on servers located in the United Kingdom. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.
Resolution Of Disputes:
If a dispute arises between you and AYL, we strongly encourage you to first contact us directly to seek a resolution by contacting us via the address at the bottom of this page. Alternatively, you can go to the ‘Contact’ page on our website. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
These terms and the other policies posted on AYL constitute the entire agreement between AYL and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that the courts of England and Wales must resolve any claim or dispute you may have against AYL LIMITED. You and AYL both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and AYL both agree to submit to the jurisdiction of the County Court of Wandsworth.
If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Access Your Life, 21 Rowantree Road, Walkerville, Newcastle Upon Tyne, United Kingdom, NE6 4TD. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.
We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the AYL website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.
Mobile Devices Terms:
AYL grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.accessyourlife.co.uk website. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.
Intellectual Property – Applications:
AYL owns, or is the licensee to, all rights, title, and interest in and to its Applications, including all rights, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter AYL ‘s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any AYL Application.
Additional terms and conditions that apply to you based on the mobile device the Application is installed on:
iOS – Apple:
2. AYL grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
4. Apple is not responsible for the investigation, defence, settlement, and discharge of any third party intellectual property infringement claim.
5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
Windows – Microsoft:
2. You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control.
3. Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the Application.
4. Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, “Disclaiming Distributors”) give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.
6. To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.