Cronycle Terms and Conditions
These terms and conditions (these “Terms”) apply to the Cronycle service and platform (the “Service“) provided to users (“you”, “your”, and “Users”) by way of a website and any associated digital apps, which Cronycle may release from time to time.
Users should read these Terms carefully and make sure that they are understood, before using the Service. If you do not understand or do not accept any part of these Terms, then you should not use the Service. By using the Service, you accept and agree to these Terms and Cronycle’s Privacy and Cookies Policy.
Cronycle’s Terms were last updated on 18th August 2015.
The Service is operated by Cronycle Ltd, [Cronycle”, “we”, “us”, “our”). Further information about Cronycle, including how to contact Cronycle, is set out in Section 10.
Cronycle may update these Terms from time to time and the latest version will appear on Cronycle’s website with the date that they were updated. By using the Service after any changes have been posted, Users agree to the new Terms.
Please also read Cronycle’s Privacy and Cookies Policy, which sets out how Cronycle will collect, process and use your information. If you do not agree to any part of Cronycle’s Privacy and Cookies Policy, please do not use the Service.
Although Cronycle is working to ensure that the Service is compatible across various devices, Cronycle cannot guarantee that the Service will work with all devices.
2. Your account
To use the Cronycle Service you will need to set up an account with us. You need to be 18 or over to create an account. If you are over 13 but under 18 then you can register to use the Service only with your parent or guardian’s permission and you must get the bill payer’s permission before subscribing to the Premium Service. Cronycle reserves the right to refuse to permit minors to use the Service at its discretion.
You may be asked to provide information about yourself such as your name, address and email address. Please make sure this information is complete and accurate. Cronycle will use this information in accordance with the Cronycle Privacy and Cookies Policy.
In all cases, you are responsible for your account, including making sure that your details are correct and kept up-to-date and ensuring that your password is secure. You are also responsible for all activity that takes place on your account. You must not share your account with any other person.
If you think your account is being used by anyone else, please immediately. If Cronycle believes a User’s account has been compromised, Cronycle may suspend the User’s account and Cronycle will contact the User to try and resolve the problem.
3. Premium Service
As well as the free service provided to Users, Cronycle also offers additional services, features and resources to premium users for a monthly subscription fee (the “Standard Account”). Cronycle provides information on its website about the Premium Service and its additional services and features.
The Premium Service is a subscription-based service and there is no minimum contract commitment, which means you can cancel at any time.
The subscription fee for the Premium Service is outlined on the Cronycle website and will be charged on the first day you subscribe to the Premium Service and then monthly on or after the calendar day corresponding to the commencement of your membership subscription (“Renewal Date“). This fee will continue to be charged on each Renewal Date thereafter unless and until you cancel, and regardless of how much you use the Premium Service and we will charge the fee to the debit/credit card that you provide to us (or our payment processor partners) during registration. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you do not agree to the change or otherwise no longer want to be a Premium Service User, you may cancel your subscription at any time by emailing us at email@example.com. The cancellation of your Premium Service subscription shall take effect upon expiry of the then current subscription month, and no refund (or partial refund) shall be given in respect of such current month.
Statutory cancellation right
If you subscribe to the Premium Service by mistake or have changed your mind, you may have a legal right to cancel the subscription purchase and obtain a refund of the subscription fee paid (if any). You can cancel your purchase at any time within 14 days of first completing your subscription order. You must notify us of your decision to cancel your purchase within this time and can do so by contacting us via firstname.lastname@example.org by email. If you aren’t sure about your subscription order then we’re here to help; please get in touch by contact Cronycle.
If you do decide to cancel your subscription purchase and have told us within the 14-day period, then we will reimburse you your purchase fee or, if applicable, part of it (if any was paid) within 14 days of you telling us and, unless you agree otherwise, we will use the same means of payment as you used for the order.
Please be aware that, while we will always help to find a solution to your concerns about your subscription purchase, if you start to access the Premium Service, you might not be able to cancel your transaction as above (or you may be required to pay a reasonable share of the fee to reflect your usage) if you agreed when making your transaction that we could start providing the Premium Service to you within the 14-day period mentioned above and acknowledged that your right to cancel would be lost in these circumstances. Again, if you have any questions about your subscription purchase, please contact Cronycle.
Unless otherwise stated and except for User Content and Third Party Content, the past, present and future content of the Service (including without limitation, software graphics, text, images, designs, compilations, databases, targeting information, and the trade marks, logos, domain names, trade names, service marks, trade identities; any and all copyright material (including source and object code)); and all other materials related to the Service (the “Content”) is protected by applicable copyrights, trade mark rights, database rights and other proprietary rights. Cronycle (and/or its licensors) own the Content. Other than as expressly permitted in these Terms, no rights (whether by implication, estoppel or otherwise) in or to the Content are granted to you.
Subject to strict compliance with these Terms, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferrable licence to use the Service and access the Content within the functionality permitted by the Service, for your own personal use.
“User Content” means material (including without limitation text, images, audio-visual material and any underlying material) that you upload, share or submit using the Service for whatever purpose (this might include, for example, any comments you post or content you share on Topic Boards or on your or other Users’ feeds). If you upload, share or submit any User Content using the Service, you must comply with the User Standards set out below.
You shall remain the owner of the copyright in any original User Content that you upload, share or submit using the Service. The permission you grant to us below is not exclusive. You may continue to use the User Content in any way, including allowing others to use or exploit it, provided that such use does not interfere with or impair the rights you have granted to us in these Terms.
By uploading, sharing or submitting any User Content using the Service and in consideration of us making available to you the opportunity to upload, share or submit the User Content using the Service (which you acknowledge as a sufficient benefit to you), you grant to us a worldwide, irrevocable, unconditional, non-exclusive, royalty-free licence (including the right to sub-license or assign) of the entire right and interest in and to such User Content so that Cronycle and any successor may, subject to these Terms, exploit the User Content in any way relating to or in connection with the provision of the Service. This licence simply allows us to provide the Service to you. Once again, you shall continue to own your User Content.
You agree to waive any moral or similar rights in any jurisdiction that you may have in and to any of the User Content, even if the User Content is modified, altered or changed in a way which is not agreeable to you.
You warrant to Cronycle that:
(i) the User Content is your own original work and you own the entire right, title and interest in and to the User Content and/or you have all necessary licences, rights, consents and permissions to use, and to authorise us to use the User Content in the manner contemplated by these Terms;
(ii) no further payments, monies, fees or royalties are or shall be due to any third parties relating to, arising out of, or in connection with the exploitation of the User Content via the Service;
(iii) any User Content you upload, share or submit using the Service complies with the User Standards set out below; and
(iv) your User Content does not defame third parties or infringe upon the copyright or other intellectual property rights, or rights of privacy of any third parties.
When you upload, share or submit User Content using the Service, you may be making the User Content available to the general public. This means that both non-registered and registered users may be able to view and access the User Content. Please do not upload or share User Content if you do not want it to be available to the general public. Similarly, the Service provides you with the option of making your personal Cronycle feed on the Service accessible to the public. The default setting on sign-up is for feeds to be private, and so please only change this setting if you are happy for your feed and all the content on it to be accessible by others (including the general public).
We have the right but not the obligation to, at our sole discretion and without notice, remove any User Content that you upload, share or submit using the Service. Notwithstanding the foregoing, we do not have any obligation to check the accuracy or truthfulness of the User Content, nor to review or monitor such User Content or Users’ use of the Service.
Cronycle is not the source of, does not monitor and does not have any control over, the content of User Content submitted or shared by you or any other registered Users. Cronycle takes no responsibility for any such content nor in anyway do we endorse the opinions, statements or advice expressed in or by any User Content. You understand that you may be exposed to content which does not comply with the User Standards as contemplated below including material which may be obscene, offensive or otherwise contravenes these Terms.
Third Party Content
The Service may include (via RSS feeds, Twitter feeds or other means) content from other websites and platforms owned and operated by third parties (“Third Party Content”). This content is provided to you for your information only.
Third Party Content may contain materials which you find offensive, objectionable, unlawful or inaccurate. The display of Third Party Content does not constitute recommendations or an endorsement by Cronycle. We have no control over the content of Third Party Content and we accept no responsibility for it or for any loss or damage that may arise from your use of, or access to, it.
Access and use of Third Party Content, including the information, materials, products, and services on or available through Third Party Content is solely at your own risk.
5. User Standards
You must not:
- upload, share or submit User Content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libellous, maliciously false, inaccurate, misleading, depicting violence (in a explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of racial, religious hatred or discrimination legislation;
- use the Service for any illegal or unlawful purpose. You must comply with these Terms at all times and with all applicable laws and regulations;
- upload, share or submit any User Content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trade mark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law;
- upload, share or submit User Content that is or may be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law) or be in breach of any contractual obligation owed to any person or be in contempt of any court;
- upload, share or submit any User Content which is capable of being construed as negligent advice or which consists of or contains any negligent statement or any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- access or use the Service or its content for any commercial or similar purpose;
- upload, share or submit any third party content without that third party’s prior written consent, or User Content that falsely expresses or implies that Cronycle or the Service sponsor or endorse such User Content;
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material, data or information, whether personally identifiable or not, posted by or concerning any other User in connection with the User Content or in connection with your use of the Service unless you have obtained the express, prior written permission of such other person to do so;
- impersonate another person or create a false or misleading identity for the purpose of misleading others as to your identity for the purpose of misleading others as to your identity, or to collect information about other Users.
- conduct forward promotions, chain letters, surveys, contests, or pyramid selling schemes;
- use another Users’ personal data for any purpose other than making contact with them, and it is reasonably expected that this contact will be welcomed by such other Users;
- upload, share or submit User Content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
- alter, adapt, modify, copy or create a derivative work from Content;
- modify, adapt, translate, reverse engine, hack or use any other means to retrieve or index any part of the Service unless you have prior written consent from Cronycle;
- submit any material or do anything that results in the transmission of junk email, duplicate or unsolicited messages, chain letters, “spamming” or “phishing”;
- incorporate any advertising, or conduct any other paid sponsorship or promotional activities of any kind, in or in connection with the User Content; or
- interfere with another User’s use and enjoyment of the Service or use the Service in any other manner that could damage, disable, over burden or impair the Service.
We reserve the right to edit or remove any material and User Content uploaded, shared or submitted using the Service, for any reason whatsoever.
Cronycle will take any action it thinks is necessary to protect the Service and Cronycle’s Users (which may include Cronycle suspending, restricting or terminating a User’s account and access to Cronycle’s Service).
Notwithstanding our rights under these Terms in relation to User Content, we do not undertake to monitor the submission, publication or sharing of such content via the Service.
6. Accessing the Service
Cronycle will do its best to make sure that Cronycle’s website, app and services are uninterrupted and error free, although Cronycle can’t guarantee this. If Cronycle needs to suspend or restrict access to, or update, Cronycle’s Service or particular content displayed on it, Cronycle will do its best to minimise any disruption to the User. Cronycle recommends Users to install virus protection software on any devices the User uses to access the Service.
When accessing the Service over your mobile network, you will be using your data allowance. If you are using 3G or 4G to access content, you must ensure that you are aware of the amount of data in your contract allowance. Cronycle is not responsible for any charges you may incur in using the Service.
Cronycle may change or remove content on the Service, features of the Service or parts of Cronycle’s website or app from time to time.
7. Copyright infringement and content takedown
Cronycle accepts no obligation to monitor, review, filter, moderate or remove any User Content, Third Party Content or any other content from the Service. Nevertheless, Cronycle reserves the right to take any such actions in its discretion.
If you believe that your work, or the work of someone you are authorised to represent, has been uploaded to Cronycle’s Service, without your authorisation and in a way that constitutes copyright infringement, you should notify Cronycle of your copyright infringement claim in accordance with the procedure below.
Please provide a notice of copyright infringement containing the following information:
- a statement that you have identified works which infringe your copyright, or the copyright of a third party on whose behalf you are entitled to act;
- identification of the location of such works in sufficient detail so that Cronycle can verify their existence;
- a description of the copyright works that you claim have been infringed;
- your full name, address and telephone number and a valid email address on which you can be contacted;
- a statement that you believe in good faith that the disputed use of the material is not authorised by the copyright owner, its agent, or the law; and
- a statement that the information in your notice is accurate and that you are the owner of, or otherwise authorised to act on behalf of the owner of, the copyright work that is allegedly infringed.
Please send the notice containing the above information by email, post or fax to email@example.com.
Notwithstanding Cronycle’s position that it is not obliged to monitor the content uploaded to, or shared via, the Service (as referred to above), it is Cronycle’s policy to: (i) block access to or remove material that Cronycle believes in good faith to be copyright works that have been illegally copied and distributed by any of Cronycle’s affiliates or Users; and (ii) terminate repeat offenders’ use of the Service.
Cronycle has no control over and does not warrant in any way that the content (including User Content and Third Party Content) or other information and materials provided by third parties are accurate, complete, legal, non-infringing, reliable, current or error-free. To the fullest extent permitted by law, Cronycle disclaims all warranties, representations, and terms and conditions that may relate in any way to any such content.
8. Cronycle’s liability
If Cronycle does not comply with its obligations to the User under these Terms or is negligent in providing the Service to Users, Cronycle is responsible for any loss or damage that a User suffers that was a “foreseeable result” of such breach or negligence. Loss or damage is a foreseeable result if it is an obvious consequence of Cronycle’s failure to comply with these Terms or if it was contemplated by Cronycle and the User at the time the User accepted these Terms and registered as a User.
Your use of the Service and any Content, User Content, Third Party Content, information or other material obtained via the Service is at your own discretion and risk.
Please note that Cronycle is not responsible for any lack of functionality or failure to provide any Service or Content on the Service, or any loss of content or data that is due to the User’s equipment, devices or Internet connection.
As a consumer, you are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable skill and care, and any digital content provided is of satisfactory quality). Nothing in these Terms shall have the effect of excluding or limiting those implied statutory warranties which may not be excluded or limited under applicable law.
No advice or information, whether oral or written, obtained by you from Cronycle or through the Service will create any warranty. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Service (including RSS feeds) or via any Third Party Content at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.
Because some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties, the above limitations may not apply to you. In such jurisdictions, Cronycle’s liability is limited to the greatest extent permitted by law.
Nothing in these Terms limits or excludes Cronycle’s liability for: (i) death or personal injury caused by Cronycle’s negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
9. Other important terms
Cronycle may terminate these Terms at any time if: (a) you breach these Terms; (b) you become or threaten to become insolvent or bankrupt; or (c) Cronycle decides to suspend or terminate the Service.
These Terms do not affect your legal rights. Among other things, the Consumer Rights Act 2015 says:
- you can ask a trader (in this case, Cronycle) to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if they can’t fix it;
- if you haven’t agreed a price upfront, what you’re asked to pay must be reasonable; and
- if you haven’t agreed a time upfront, it must be carried out within a reasonable time.
For more information about your legal rights, you may wish to visit your local Citizens Advice Bureau or Trading Standards Office.
You agree to compensate and reimburse Cronycle fully for any claims or legal proceedings which are brought against Cronycle as a result of your breach of these Terms or misuse of the Service.
No other person has any rights to enforce any of these Terms.
You may not transfer your rights or obligations under these Terms to anyone else without Cronycle’s written permission. Cronycle may transfer its rights and obligations to another party, but this will not affect your rights or Cronycle’s obligations to you under these Terms.
Each of the paragraphs in these Terms operates separately. If any courts or relevant authority decide that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
The User’s use of the Service and any Content accessed via the Service, including any dispute or claim arising out of or in connection with it, will be governed by English law. Cronycle and each User both agree that the courts of England and Wales shall have the non-exclusive jurisdiction.
10. How to contact Cronycle
If you have any feedback, questions or complaints or any requests for technical support, then please contact Cronycle at firstname.lastname@example.org.
Cronycle Ltd, is a company registered in England and Wales and Cronycle’s Company Number is 08628869. Cronycle’s registered office is at 154 – 158 Shoreditch High Street, E1 6HU. Cronycle’s VAT number is 173 0405 38.