Last Updated: 08/10/2018
These Terms and Conditions (“Terms”) govern your access to and use of the services, including our various websites, social media pages, email notifications, applications and widgets, (the “Services” or “Overdraft”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
Definitions and Interpretation
In this document, the following terms shall have the following meanings:
|“Cookie”||means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site.|
|“Our Site”||means this website, overdraft.com|
|“UK and EU Cookie Law”||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended in 2004, 2011 and 2015; and|
|“We/Us/Our”||means Overdraft, a limited company registered in England under 10618192, whose registered address is Wilmslow Road Handforth, 113 Wilmslow Rd, Handforth, Wilmslow SK9 3ER, England.|
Our data protection officer is Marcus Hull who can be contacted at firstname.lastname@example.org. Registered with the Information Commissioners Office Number: ZA263588
- Basic Terms
1.1 You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services.
1.2 You may use the Services only if you can form a binding contract with Overdraft and are not a person barred from receiving services under the laws of England and Wales or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organisation, government, or other legal entity, you represent and warrant that you are authorised to do so. You may use the Services only in compliance with these Terms and all applicable local, national, and international laws, rules and regulations. The Services that Overdraft provides are always evolving and the form and nature of the Services that Overdraft provides may change from time to time without prior notice to you. In addition, Overdraft may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
- Changes to our Terms
At any time, we may amend these Terms to ensure that we remain compliant with relevant laws and regulations and to ensure that we are constantly improving your experience using our Website, so please ensure that you check our terms frequently. By continuing to use any of our Website after changes are made, you are accepting those changes and will be bound by them.
- Content on the Services
4.2 We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will Overdraft be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
- Your Rights
5.1 You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
- Your License to Use the Services
6.1 Overdraft gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Overdraft as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Overdraft, in the manner permitted by these Terms.
- Overdraft Rights
7.1 All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Overdraft and its licensors. The Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Nothing in the Terms gives you a right to use the Overdraft name or any of the Overdraft trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Overdraft, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
- Restrictions on Content and Use of the Services
8.1 We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Overdraft, its users and the public.
8.2 You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Overdraft’s computer systems, or the technical delivery systems of Overdraft’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Overdraft (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Overdraft (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Overdraft is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. Once you subscribe to any service (monthly, yearly or any other subscription service provided by Overdraft), the amount paid for the subscription is non-refundable. However you have the right to request us to not renew the subscription before it is due.
- Copyright Policy
9.1 Overdraft respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Overdraft will also terminate a user’s account if the user is determined to be a repeat infringer. Send notice of alleged copyright infringement appearing on the Services to email@example.com.
- Ending These Terms
10.1 The Terms will continue to apply until terminated by either you or Overdraft as follows.
You may end your legal agreement with Overdraft at any time for any reason by discontinuing your use of the Services. You do not need to specifically inform Overdraft when you stop using the Services. We may cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable.
- Disclaimers and Limitations of Liability
11.1 Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the OVERDRAFT ENTITIES (OVERDRAFT ENTITIES are Overdraft founders, officers, directors, employees, agents, representatives, partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
11.2 The Overdraft Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Overdraft Entities or through the Services, will create any warranty not expressly made herein.
11.3 The Services may contain links to third-party websites or resources. You acknowledge and agree that the Overdraft Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Overdraft Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
11.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OVERDRAFT ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE OVERDRAFT ENTITIES EXCEED TEN BRITISH POUNDS STERLING (GBP 10.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE OVERDRAFT ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- General Terms
12.2 We may revise these Terms from time to time and revised terms will be updated on this page. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.