Last updated: 21st April 2020
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.mycartwall.com website (the "Service") operated by PlayIt Software Ltd (the "Service Operator").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant the Service Operator the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on the Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with the Service or a third-party service.
You agree not to disclose your password to any third party. You must notify the Service Operator immediately upon becoming aware of any breach of security or unauthorized use of your account.
You acknowledge and agree that some or all of the Service may be offered on a subscription model, with automatic renewal of your subscription at the end of each recurring period ("Renewal Date"). By accepting such offer you authorise the Service Operator to charge your credit/debit card now and at each Renewal Date.
The Service Operator will always notify you of any price increases, prior to charging your credit/debit card.
Your subscription will continue and be renewed automatically until such a time as you elect to cancel the subscription, prior to a Renewal Date. Upon cancellation, your credit/debit card will not be charged at the next Renewal Date. On this Renewal Date, the Service will cease to function in full. You have the right to cancel your subscription and recurring payments at any time.
You acknowledge that you, through the use of the free trial, have had opportunity to test the upgraded Service prior to purchasing a subscription plan. There are no returns or cancellations for your purchase. All sales are final, non-cancellable and non-refundable except as otherwise determined by the Service Provider in its sole discretion.
You further acknowledge and agree that the Service is offered on a subscription model, subject to recurring payments and that you can cancel your subscription at any time. Cancelling your subscription after the beginning of a paid recurring period, does not entitle you to a full or partial refund for that recurring period. If you do not cancel your recurring payment subscription before a Renewal Date, you are not entitled to a refund for the recurring payment charged to your credit/debit card on that Renewal Date. You have the sole responsibility to cancel your subscription before the Renewal Date if you do not wish to continue your subscription.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the Service Operator. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. My Cartwall logos or artwork may not be used in connection with any product or service without the prior written consent of the Service Operator.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by the Service Operator.
The Service Operator has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Service Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
The Service Operator strongly advises you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
The Service Operator may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless the Service Operator and their licensee and licensors, and their employees, contractors, agents, and officers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall the Service Operator, nor their employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not the Service Operator has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Service Operator does not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will the Service Operator ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by the Service Operator or any person for whom the Service Operator is responsible, and even if the Service Operator has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
The Service Operator's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements we might have between us regarding the Service.
The Service Operator reserves the right, at their sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Please refer to the Privacy Notice. You agree that they constitute part of these terms. You must read the Privacy Notice before you use the Service.
If you have any questions about these Terms, please email [email protected].