"an Event" shall mean any item created using the Site's normal operations for which Reminders can be requested.
The Site shall offer You a free trial of its reminder service. Users can create Events and indicate on what days Reminders are to be sent in relation to that Event. Reminders will be sent out as the user instructs using the Site's graphical user interface. Reminders will be sent out either by email or by SMS text message to a mobile phone.
The Free Trial shall last 10 days, and you will be given two free SMS credits. At the end of the trial, if You decide to subscribe, any unused SMS credits will be carried forward on Your Balance
Should the user wish to cancel the service within 30 days of subscribing, a full refund of the subscription fee will be made.
You agree that your Balance shall be decreased by one each time an SMS Reminder is sent to you from the Site, regardless of whether or not you received such SMS Reminder.
SC agrees to manage the site to ensure that it is operational to as full an extent possible.
Should the site fail to operate as intended, SC may at his own discretion refund a portion of the Fee. Such refund may take into account any SMS credits that You have used, and the percentage of the Period during which the Site failed to operate as intended.
SC may at his own discretion refund SMS Credits to your balance.
SC shall not be liable for any loss You suffer as a result of the failure of the Site to operate as intended.
Failure of the site to operate as intended shall include, but not be limited to a) Email Reminders not being sent b) Email Reminders being sent late c) SMS Reminders not being sent d) SMS Reminders not being received by You. e) Failure of the Recurring Reminders systems to operate correctly. f) Slow performance of the site Server. g) Loss of your data, whether caused by accident, negligence or a malicious third party. h) Theft of your data by a third party.
You agree that use of the Site is intended primarily as entertainment, and that You should not place reliance on its operation to the extent that failure of the site to operate as You believe it ought would cause you loss whether that loss be financial, emotional, tangible, intangible or of any other nature not stated here or which You regard to be important.
You agree that if You suffer loss as a result of the failure of this site to operate as intended, You will not hold Simon Conroy responsible for that loss, nor seek redress from him.
You understand that your data is not protected by secure measures such as encryption, and that it may be possible for a third party (e.g. a hacker) to obtain access to your data, and that you will therefore not use the Site to store data the theft of which would cause you loss.
You understand that the technologies that make websites, email and mobile phone SMS messages possible can go wrong, and on occasion will go wrong. You agree not to seek redress from Simon Conroy for any loss you suffer as a result of such technologies going wrong, whether or not Simon Conroy is directly or indirectly responsible for such failure.
This agreement shall be governed by and construed in all respects in accordance with English law.
You irrevocably submit to the jurisdiction of the English courts and waive any objection to proceedings in such courts on the grounds of venue, or on the grounds that the proceedings have been brought in an inconvenient forum.
Whilst every effort has been made to ensure that the software programs running the 101-Reminders.com website are free from bugs, this is by no means certain. 101-Reminders, and its owner Simon Conroy can not take any responsibility for losses that you suffer as a result of a failure of the site to operate as you expect.
101-Reminders and Simon Conroy shall not be responsible for any errors or omissions contained at this Web Site, and reserves the right to make changes without notice. Accordingly, all 101-Reminders and third party information is provided "AS IS".
101-Reminders AND SIMON CONROY DISCLAIM ALL WARRANTIES WITH REGARD TO THE INFORMATION (INCLUDING ANY SOFTWARE) PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
In no event shall 101-Reminders or Simon Conroy be liable for any damages whatsoever, and in particular neither 101-Reminders nor Simon Conroy shall be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the 101-Reminders.com Web Site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. This excludes any liabilities arising from death or injury.