What are these?

1.1 Please take the time to read these Terms of Use carefully as using the Website means that You agree to be bound by these Terms of Use and our Privacy Policy.

Words that have meaning

2.2 The following words We use on this site have the meanings set out below:

1. “Content” means any material You post on the Website including any personal data, text, documents, photographs and/or video clips.
2. “Our”, “Us”, “We” means World Merit Limited and/or any parent, subsidiary or sister company of World Merit Limited
3. “Website” means any websites which We own and operate from time to time including www.yourbig year.com, http://www.meritmonth.com, http://www.bemerit.com and http://www.worldmerit.org
4. “You”, “Your”, “Yourself” means well, you obviously.

Using of the website

3.1 Use of the Website by You means that You accept these Terms of Use. We reserve the right to suspend or terminate Your use of the Website on notice at anytime and for any reason (including if You breach any of these Terms of Use and/or any other documents that govern Our relationship with You). We won’t have any liability to You for any loss or damage which You might suffer because We have suspended or terminated Your use of the Website.

3.2 We reserve the right to change these Terms of Use at any time and without notice to You – if We make any changes then for a while after doing so, they will be highlighted here so You can see what they are. You should check these Terms of Use for changes regularly as if You carry on using the Website after We have made any changes then this means You accept those changes.

3.3 By using or visiting the Website You agree that English law will govern these Terms of Use and Your entire relationship with Us.

Your account

4.1 In order to access any of the services and functions of the Website and to post Content on the Website, You will need to create a user account. You must make sure that all information You provide to Us when setting up Your account is true, complete and not misleading in any way. You must also tell Us as soon as possible if any of Your details change by updating Your account details.

4.2 Sometimes We may ask You for information in addition to that which You provided when You originally set up Your user account. If We do request any such information from You then You agree to provide that to Us as soon as reasonably possible and that the information You provide will be true, complete and not misleading in any way. You can find out more about how We look after any personal information which You may provide to Us by looking at Our Privacy Policy which You can read by clicking here. Add in link

4.3 You are solely responsible for the security and use of Your account – if You let someone else use Your account and they do something wrong then that is Your responsibility – We will treat any breach of these Terms of Use and/or any other document that governs Our relationship with You by any person accessing and using the Website through Your account as if it were a breach of these Terms of Use and/or any other relevant document by You. It sounds obvious but make sure You don’t tell anyone else Your password.

Allowed content

5.1 You must make sure that You own all of the rights (including the copyright) in any Content which You post on the Website or alternatively, if any third party owns any rights in the Content which You post, that You have their written consent to post that Content on the Website.

5.2 As it says in paragraph 6.2, We have the final say as to whether or not any Content is allowed on the Website.

5.3 By registering on the Website and by posting Content on the Website, You are granting Us (together with any other entity who may assume responsibility for the operation of the Website in the future) a worldwide, non-exclusive and royalty free licence to use, host on the Website, reproduce, display and distribute that Content for the purposes of making the Website available to other users and for promoting the Website generally.

Content that’s not allowed

6.1 There is certain Content which We don’t want You to post on the Website as there is enough of it out there on the web already. Such Content includes anything which:

1. is illegal, pornographic, offensive, defamatory or libellous;
2. infringes the rights of any third party;
3. fails to comply with any applicable laws or legislation;
4. is untrue or misleading;
5. encourages others to do something which is illegal, dangerous or harmful;
6. contains any virus, Trojan horse, robot, spider, worm or other malware or any computer programme designed to bombard other users with spam;
7. is an advert for any business or any other commercial venture;
8. which constitutes any solicitation for funds; advertising or solicitation for goods or services ; and/or
9. any content calculated to harm Us in any way or to harm the community in any way.

6.2 We have the final say on whether or not Your Content is allowed on the Website and We can remove Content at any time and for any reason. We won’t have any liability to You for any loss or damage which You might suffer because We have removed Content from the Website which has been posted by You.

Complaints

7.1 If You have a complaint about any Content which is posted on the Website You can tell Us.

7.2 If We agree with Your complaint then We will remove the Content in question from the Website. Please note that this is all We can do and You acknowledge We aren’t responsible for any Content posted by Our users – if You are that upset that You want to sue someone then You will have to sue the user who posted the Content directly at Your own expense. There are only limited circumstances in which We can give You the contact details of other users (other than any contact details which they have chosen to publicly post on the Website).

7.3 We don’t want to spend all of Our time dealing with malicious or spurious complaints so take care before making any formal complaint to Us. If You keep making complaints which turn out to be unjustified then We may take the decision to ban you from the Website as it’s obviously not for You.

Disclaimers

8.1 Things sometimes go wrong so the following disclaimers apply to Your use of the Website:

(a) We don’t guarantee that the Website will always be available. We may temporarily suspend it (usually to carry out maintenance work) or permanently close it down at any time without notice if We feel like it;

(b) Whilst We will try and make sure that there aren’t any viruses or the like within the Website, We can’t guarantee this nor can We guarantee that someone won’t try to access Your computer via the Website. Make sure that any hardware and software You use to access the internet is protected by up to date firewalls and virus protection

(c) We don’t routinely vet or verify Content which is posted by users. Accordingly, We can’t guarantee that any material You view on the Website is completely true, accurate or error free. Likewise, if You follow any instructions or suggestions contained in any Content and something goes wrong, that’s not Our fault. If You notice a mistake in any materials for which We are responsible, please let Us know and We will do Our best to correct it as soon as We can;

(d) the views expressed in Content posted by other users are the personal views of those users and don’t necessarily represent Our views;

(e) We are based in the United Kingdom and accordingly, We cannot guarantee that accessing the Website from outside of the UK is legal;

(f) We will not be liable to You if an unauthorised person works out how to circumvent our security features and manages to access data which You don’t want them to see;

(g) We will not be liable to You for any failure or delay in doing something where that failure or delay is caused by circumstances beyond Our reasonable control. Such circumstances include, but are not limited to, Our offices burning down or flooding, bad weather, terrorist attacks or acts of God; and

(h) the Website contains links to other websites which aren’t owned or operated by Us and We are not responsible for them or for any information you give them

Our rights

9.1 You acknowledge and agree with Us that all copyright, trade marks and any other rights in the Website (including in Our name, the design of the Website, its text and graphics and all software and source code underlying the Website) belong to Us or Our third party licensors and shall at all times remain vested in Us or Our third party licensors (as appropriate).

9.2 You are only allowed to print and copy parts of the Website to the extent necessary to enable You to access and use the Website for the purposes intended by Us. If You want to use any materials which belong to Us for any other purpose then You must obtain Our prior written consent.

9.3 Generally, We are happy for You to post links to the Website on other websites provided that the other website doesn’t contain content which We wouldn’t allow on Our Website -if any of the content of the other website would breach paragraph 6.1 if it was posted on the Website then We don’t want it.

9.4 From time to time, We may specify Terms of Use concerning what form links to the Website must take and You agree to comply with all such Terms of Use. We have the final say as to whether or not You are allowed to post a link on a particular website and if We ask You to remove a link which You have posted for whatever reason then You agree to do so within 24 hours of Us asking.

How you can become liable to us

10.1 If We end up incurring any loss, damage, costs, expenses or other liability to any third party because of any Content which You have posted on the Website or because of Your use of the Website generally (regardless of whether or not that Content or use breaks any of these Terms of Use) then You agree to repay to Us all such loss, damage, costs, expenses and other liabilities incurred by Us on demand. In particular, but without limitation, this includes any claim which We may receive from a third party that any Content posted by You infringes any of their rights (regardless of whether or not that claim turns out to be justified).

11 How we are not liable to you

11.1 This is how We limit Our liability to You:

(a) We’re responsible for anything which We can’t legally limit or exclude Our liability for. In England, this includes Our liability for death or personal injury caused by Our negligence or for any fraudulent misrepresentation;

(b) other than that, in no circumstances will We be liable to You for any direct or indirect loss or damage You might suffer because of Your use of the Website, because of any Content posted on the Website and/or because of any breach by Us of any of Our obligations under these Terms of Use. Such loss or damage includes any:

(i) loss of business, use, profit, anticipated profits, contracts, revenue, anticipated revenue, goodwill, savings, anticipated savings, data, and/or use of data;

(ii) damage to or loss of any hardware and software used by You to access and use the Website;

(iii) damage to Your reputation; and/or

(iv) any consequential or special loss or damage.

These exclusions apply even if You told Us that You might incur such loss or damage or thinking about it, We ought to have known that You might.

Privacy

12.1 Any Content which You post on the Website will be publicly available to potentially the whole of the world so don’t post anything which You want to keep a secret. We do provide a facility for You to limit access to Content to particular people We can’t guarantee that that facility will always be working or that someone won’t work out how to get round any restrictions You impose.

12.2 You can find out more about what We do with any personal information which We collect by clicking here to read Our Privacy Policy.

Purely legal stuff

13.1 These Terms of Use together with Our Privacy Policy are the only documents which govern Your use of the Website.

13.2 When You stop using the Website or We suspend or terminate Your use of the Website these Terms of Use and the Privacy Policy still apply. They will always apply in respect of Your use of the Website and in respect of any Content which You have posted even if You subsequently decide to remove or change that Content.

13.3 If You do break any of these Terms of Use and/or any other Terms of Use or documents that govern Our relationship with You and We don’t immediately do anything about that then that doesn’t mean We’ve forgotten about it – it might take Us some time to get round to dealing with You. Likewise, if We do let You off on one occasion, it doesn’t mean that We will again in the future.

13.4 If We need to serve a formal notice on You for any reason then We will use one of the addresses or numbers which You provided to Us as part of the registration process (usually, We will use Your email address unless there is some legal reason why We have to use another means of communication). Provided that We type the address correctly (and in the case of notices sent by post, pay for first class registered delivery or delivery by international courier if sent overseas), any such notice will be deemed to have been received by You two days after We send it (or five days after We send it in the case of postal notices sent overseas). For this reason, it is very important that You make sure that the contact details You have supplied to Us are kept up to date.

13.5 If You need to serve any formal notice on Us for any reason then please use the following address: 24-26 Mount Pleasant, Liverpool, L3 5RY, United Kingdom

Provided that You have typed the address correctly (and in the case of notices sent by post, You have paid for first class registered delivery or delivery by international courier if sent from overseas) notices will be deemed to have been received by Us two days after sending (or five days after sending in the case of postal notices sent from overseas).

13.6 From time to time, We may need to assign or transfer some or all of Our rights and obligations under these Terms of Use to a third party and You agree that We can do that without Your consent. If You want to assign or transfer Your rights and obligations under these Terms of Use then You must get Our written consent before doing so.

13.7 If it turns out for any reason that any part of these Terms of Use and/or any other Terms of Use or document that governs Our relationship with You can’t be enforced or is illegal or unlawful then the part of the Terms of Use or document in question shall be deemed deleted and the rest of the Terms of Use or document will continue in full force and effect.

13.8 Your use of the Website doesn’t create any sort of legal relationship between the two of us other than one of independent parties to a contract. Only Our properly authorised officers can speak on its behalf, enter into binding arrangements on its behalf or otherwise incur liability on its behalf.

13.9 Only You can enforce Your rights against Us under these Terms of Use. This applies even if there are third parties out there who stand to make a benefit out of Your use of the Website – if they’re not You then they can’t sue.

Disputes

14.1 Hopefully, we won’t get into any arguments regarding these Terms of Use or any of the other Terms of Use, byelaws or policies that govern Our relationship with You as we’re all nice people. However, if we do, in the first instance we will try and resolve them by talking about things. If after that, either of us wants to go to court then the English courts will have exclusive jurisdiction to hear any dispute under these Terms of Use and any other document that governs Our relationship with You and English law will apply.

14.2 By using or visiting the Website and/or registering on the Website You have agreed to not commence any argument or potential court action in any jurisdiction other than that of England & Wales.

Other

World Merit holds all rights to all content on the website but not all content on the website shows the views or opinions of World Merit. World Merit maintains the right to all personal data and may share this data with the authorities if asked to do so.

All information on this website is subject to change.