Terms of Website Use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.my-retailmedia.com (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site

INFORMATION ABOUT US

www.my-retailmedia.com is a site operated by MyM-E Ltd. ("We"). We are registered in England and Wales under company number 06883762 and have our registered office at 28 New Bond Street, LONDON W1S 2RJ. Our VAT number is 985863060.

We are a limited company.

ACCESSING OUR SITE 

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

INTELLECTUAL PROPERTY RIGHTS 

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

RELIANCE ON INFORMATION POSTED 

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

OUR SITE CHANGES REGULARLY 

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY 

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE 

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

UPLOADING MATERIAL TO OUR SITE 

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

VIRUSES, HACKING AND OTHER OFFENCES 

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR SITE 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

If you wish to make any use of material on our site other than that set out above, please address your request to info@mym-e.com.

LINKS FROM OUR SITE 

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

JURISDICTION AND APPLICABLE LAW 

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

TRADE MARKS

My Retail Media is a UK registered trade mark of Mym-e Ltd.

VARIATIONS 

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

USER REGISTRATION TERMS OF USE (MyRetailMedia.com) 

By completing the user registration form (creating a user account) you agree to be bound by (i) the following terms and conditions (“User Registration Terms of Use”) and (ii) any and all Agreements entered between MyRetailMedia (Mym-e Limited) and Customer. Any limitations of MyRetailMedia’s obligations set out in Agreements between MyRetailMedia and Customer shall also be fully applicable vis-à-vis the User.

1 Definitions 

1.1 “Customer” means the individual or the legal entity who activates Services provided by MyRetailMedia and assumes payment responsibility for the same vis-à-vis MyRetailMedia.

1.2 “Content” means all visual, written or audible data, information or material including, without limitation: documents, spreadsheets, text messages, form entries, web pages, and similar material, which are uploaded to, transferred through, publicly posted, processed or entered into the Services by the User.

1.3 “Employer” means the legal entity entitled to ownership of the e-mail address used by the User upon registering and to which the User is associated through an employment relationship, consulting arrangement or similar circumstances. Employer shall not mean an Internet Service Provider (ISP) or similar provider even though such provider may be entitled to ownership of the e-mail address utilised by the User.

1.4 “Services” means the web services, all the User’s Workspaces, associated software, and other services related thereto provided to the User by MyRetailMedia in accordance with this agreement and with the characteristics and features as described at www.MyRetailMedia.com from time to time.

1.5 “Trial Service” means a Service, which is provided free of charge or which is under development or evaluation and is marked “free”, “demo”, “trial” or “evaluation” (or a similar designation).

1.6 “User” means the individual who registers a user account and gains access to the Services provided by MyRetailMedia.

1.7 “Web Site” means MyRetailMedia’s web site at www.MyRetailMedia.com.

2 Services and Grant of Rights 

2.1 Subject to these Terms of Use and the subscription agreement with Customer, MyRetailMedia hereby grants to the User a non-transferable, non-exclusive, non-sublicensable limited term right to access and use the Services.

2.2 In the event the User accepts these Terms of Use and creates a user account using an e-mail address belonging to an Employer, such user account may be or may later become subject to additional terms and conditions resulting from the Employer’s existing or future business relation with MyRetailMedia. The User is aware of and acknowledges that the Employer, in such event, may effectuate actions that could change the nature of the Services provided to the User or impose access restrictions on the User’s access to the Services and Content. Such actions may include, without limitation, administrative actions by the Employer, instructions issued by the Employer to MyRetailMedia and actions due, but not limited to, a reorganization, discontinuation of an employment or consulting relationship with the User.

3 User Obligations 

3.1 The User shall comply with the security and administrative regulations as notified in conjunction with registration, by e-mail, as made available on the Web Site, or in any other manner.

3.2 The User undertakes, in conjunction with registration, to provide correct information regarding the User’s identity and a correct and legitimate e-mail address.

3.3 The User shall be responsible for the activities conducted through use of the Services and shall ensure compliance with national laws in conjunction therewith. All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by the User shall be the sole responsibility of the User.

3.4 The User undertakes to use the Services in such a manner that such use does not prevent or disrupt other computer communications or mobile telephone communications or prevent or disrupt the equipment employed in order to provide and use the Services.

3.5 The User is aware and acknowledges that it is not permitted use the Services in order to gain material in violation of law or material which in any manner contravenes generally accepted practices.

3.6 The User undertakes not to use the Services in order to obtain material which per se or if sent to another party might injure the reputation of a third party, or in any manner which may result in the infringement of any third party’s copyright, or which constitutes a dissemination of business secret, or may incite a third party to commit or participate in a crime, or may be understood as constituting a threat, or to use the Services in any other manner incompatible with the purpose thereof.

3.7 The User undertakes not to provide access to the Services to anyone else than individuals who have completed the registration form and thereby agreed to the Terms of Use. User accounts cannot be shared or used by more than one individual User.

3.8 The User is obligated to notify MyRetailMedia regarding any suspected breach of these provisions.

4 Personal Data, Privacy 

4.1 In order for the User to be able to use the Services, the User must provide certain data to MyRetailMedia, including but not limited to full name, e-mail address and contact details. In the event the User registers a user account following an invitation from another User or customer to MyRetailMedia, such information may also have been provided to MyRetailMedia by the inviting User or customer to MyRetailMedia. Following receipt of such data, MyRetailMedia will process the same using automatic data processing in order to enable MyRetailMedia to administer and otherwise perform its obligations within the scope of the Services and to ensure that unauthorised persons do not gain access to the Services. As provided in section 6 “Confidentiality”, MyRetailMedia will not disclose to any third party any personal information pertaining to the User. Upon request, the User has the right to access the personal data related to the User. The User also has the right and the obligation to rectify such data.

Further information may be obtained by contacting the data controller, MyRetailMedia (Mym-e Limited), at the following address:

Mym-e Limited
28 New Bond Street
London, W1S 2RJ

4.2 In addition, in order for the User to be able to use the Services, the User must also allow MyRetailMedia to store and retrieve session information on the User’s end terminal equipment, through the use of “cookies”. The purpose of such storage and retrieval of information is to enable the necessary login/logout procedures used in the Services and to ensure that unauthorised persons do not gain access to the Services.

4.3 By accepting this agreement, the User explicitly consents to (a) the collection and processing by MyRetailMedia of personal data as described above, (b) the storage of such data until the user account is terminated by the User, and (c) the storage and retrieval of information on the User’s end terminal equipment as described above.

4.4 MyRetailMedia shall adopt reasonable measures to protect the privacy of the User. MyRetailMedia’s information gathering and dissemination practices are set forth in the Privacy Statement applicable from time to time, which is available on the Web Site.

5 Security, Passwords, etc. 

5.1 The User shall ensure that identities, passwords, and equivalent obtained by the User in conjunction with registration are stored and used in a secure manner and cannot be accessed and thereby used by third parties. The User shall be liable for any unauthorised use of the Services. MyRetailMedia shall have no liability for any loss or damage arising from the User’s failure to comply with these requirements.

5.2 Where it is suspected that any unauthorised person has become aware of the user identity and/or password, the User shall immediately inform MyRetailMedia thereof.

5.3 The User shall be liable for losses or damage incurred by MyRetailMedia where the User intentionally or negligently reveals the user identity/password to a third party. The User shall furthermore be liable for losses or damage incurred by MyRetailMedia where the user identity and password otherwise become known to an unauthorised party, unless the User notifies MyRetailMedia immediately upon suspicion that such has occurred.

5.4 MyRetailMedia shall adopt reasonable measures to ensure that the security of the Services meet relevant industry standards. MyRetailMedia’s security measures are set forth in the Security Policy as applicable from time to time, which is available on the Web Site.

6 Confidentiality, etc. 

6.1 MyRetailMedia undertakes not to disclose to any third party, or otherwise make available, information received by MyRetailMedia from the User within the scope of this agreement.

7 Amendments 

7.1 MyRetailMedia reserves the right to amend these Terms of Use at any time without prior notice. The User shall be informed of such amendments by e-mail or through the information being made available on the Web Site.

8 Term and Termination, etc. 

8.1 These Terms of Use shall enter into force upon acceptance by the User through execution of the Terms of Use online in conjunction with registration. These Terms of Use shall remain in full force for an indefinite term until such time that all Workspaces and the user account are closed.

8.2 Upon termination of a Workspace, the Agreement with Customer or these Terms of Use, MyRetailMedia shall not be responsible for the Content generated within the scope of the Workspace in question or the Services. Accordingly, the User must ensure that the User possesses the necessary back-up copies, etc. of the Content that the User desires to retain.

9 Access Restrictions, Premature Termination 

9.1 MyRetailMedia shall be entitled, with immediate effect, to disable the User’s access to a Workspace or to the Services or to prematurely terminate this agreement where: (a) the User uses the Services in a manner that entails the perpetration of a crime; (b) the User uses the Services in a manner that occasions losses or the risk of loss for MyRetailMedia or any third party; (c) the User uses the Services in a manner that violates MyRetailMedia’s security or administrative regulations; (d) it may be reasonably assumed that continued dissemination of Content violates governing law; (e) the User uses the Services in a manner whereby the User utilises resources or seeks unauthorised access to MyRetailMedia’s systems which are not intended for the User; or (f) the User otherwise fails to comply with the above and such breach of contract is material.

10 Assignment

10.1 The User shall not be entitled to assign his/her rights or obligations under these Terms of Use.

11 General Provisions 

11.1 These Terms of Use have been prepared in the English language and the same shall be controlling in all respects. Any non-English versions of these Terms of Use are provided solely for accommodation purposes.

11.2 If any provision of these Terms of Use are declared unenforceable for any reason, the remainder of the terms will continue in full force and effect, and the unenforceable provision shall be amended to the extent possible and permitted by law to achieve as nearly as possible the same intent and economic effect as the original provision.

12 Governing Law and Disputes 

12.1 These Terms of Use and the ensuing relationship between MyRetailMedia and the User shall be construed in accordance with, and governed by, the laws of England and Wales.

YOUR CONCERNS 

If you have any concerns about material which appears on our site, please contact info@mym-e.com.

Thank you for visiting our site.