Please read the following important terms and conditions before you subscribe and access any of the digital content from us on our website and check that they contain everything you want and nothing that you are not willing to agree to.
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on your digital content. You do not have this right to cancel once you have access to the digital content provided you have been told this and have acknowledged this.
Where you have paid for access to the digital content from us, The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.
Regardless of whether you have free or paid access to the digital content from us, if your digital content is faulty, you’re entitled to a repair or a replacement.
If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back.
Regardless of whether you have free or paid access to the digital content from us, if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
This is a summary of some of your key rights. For detailed information from Citizens Advice, please visit www.citizensadvice.org.uk or call 0808 223 1133.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.
Welcome to DementiaNet, a website which allows you to keep track of ‘life admin’ and ambitions all in one place, and to stay digitally connected with others affected by dementia. Our aim is to create a ‘virtual arm around you and others affected by dementia’ by providing access to a community to share and find the right guidance and support.
These terms and conditions contain the terms that set out our contractual relationship with you in relation to your access and use of digital content on our website. We offer both free and paid subscription-based access to our digital content. Where you have access to the free version of our digital content we refer to this as our “Free Subscription” in these terms and conditions. Where you purchase a subscription to access the additional features of our digital content we refer to this as our “Paid Subscription” in these terms and conditions.
Paid Subscription plans and their respective fees are billed every 12 months (365 days) on a recurring basis as set out on our website[1][2] [insert link here].
Not all terms will apply to you if you have subscribed to the free version of our digital content only. We make it clear within these terms whether the clause applies to the Paid Subscription only, or both the Free Subscription and Paid Subscription (where both apply we will refer to them as “a Free or Paid Subscription” in these terms and conditions).
You agree that by accessing and using either a Free or Paid Subscription, you are entering into a legally binding agreement on the basis of this contract. Please read this contract carefully and make sure you understand its terms. If you do not understand this contract, or do not accept any part of this contract, then you may not access a Free or Paid Subscription.
This contract is an important document and it is important that you read and understand it. This contract sets out:
? your legal rights and responsibilities;
? our legal rights and responsibilities; and
? certain key information required by law.
In this contract:
? ‘we’, ‘us’ or ‘our’ means DementiaNet CIC; and
? ‘you’ or ‘your’ means the person entering into a Free or Paid Subscription.
If you have any questions about this contract or any purchases you have made, please contact us by:
? sending an email [3][4]to admin@dementiannet.com; or
? filling out and submitting the online contact form available here https://dementianet.com/contact
Do you need extra help?
If you would like this contract in another format (for example: audio, large print, braille) please contact us using the contact details at the top of this page.
Who are we?
We are DementiaNet CIC (trading as DementiaNet), a community interest company registered in England and Wales under company number: 15444439.
Our registered office is at: Corvette House, 24 Falcon Court, Preston Farm Industrial Estate, Stockton-On-Tees, England, TS18 3TX.
Our VAT number is: 465066286[5]
The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you.
1 Introduction
1.1 If you access a Free or Paid Subscription you agree to be legally bound by this contract.
1.2 This contract applies only if you are accessing a Free or Paid Subscription on our website as a consumer (i.e. for purposes outside of your business, craft or profession).
1.3 This contract is only available in English. No other languages will apply to this contract.
1.4 When accessing a Free or Paid Subscription on our website you also agree to be legally bound by:
1.4.1 our website terms and conditions[6][7];
1.4.2 extra terms which may add to, or replace some of, this contract. This may happen for various reasons including for security, legal or regulatory reasons. If there are any additional terms or changes that will impact a Free or Paid Subscription, we will contact you to let you know if we intend to do this as soon as we become aware of the changes. You can end this contract if we tell you that extra terms apply. You can do this immediately if you have a Free Subscription and by giving 14 days’[8][9] notice if you have a Paid Subscription; and
1.4.3 specific terms which apply to the Paid Subscription. If you want to see these specific terms, please visit the relevant webpage for the Paid Subscription at any time during the online purchase process.
All of the above documents form part of this contract as though set out in full here.
1.1 When you subscribe to the Paid Subscription you also agree to be legally bound by the additional terms in this contract (see clauses 5, 6, 7, 8, and 9).
2 Information we give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
2.1.1 If you subscribe to the Free Subscription, read the acknowledgement email (see clause 4.1 below); or
2.1.2 If you subscribe to the Paid Subscription, read the acknowledgement email (see clause 5.4 below); or
2.1.3 contact us using the contact details at the top of this page.
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3 SETTING UP AN ACCOUNT
3.1 You will need an account with us before you can subscribe to a Free or Paid Subscription.
3.2 To register for an account [10][11]you will need to use your email address and use the link we send to you to log in with. This is personal to you only and you warrant and represent that you shall keep this confidential and not share your access details for a Free or Paid Subscription with any third party (or with other individuals except those with administration rights at DementiaNet as necessary for access to a Free or Paid Subscription); and
3.3 If you are under the age of 18 you may not have a Free or Paid subscription although you may be granted access to select parts of the website.
4 SUBSCRIBING FOR A FREE SUBSCRIPTION
4.1 Once you have set up an account we will acknowledge it by email. This account acknowledgement does not, however, mean that a Free Subscription has been accepted by us.[12][13]
4.2 Once we are happy to accept your request to create a Free Subscription we will send you a confirmation email. At this point:
4.2.1 a legally binding contract will be in place between you and us; and
4.2.2 you will have access to the Free Subscription.
4.3 We may contact you to say that we do not accept your order for a Free Subscription. This is typically for the following reasons:
4.3.1 you are not allowed to subscribe to the Free Subscription from us (e.g. you are under 18); or
4.3.2 we are not allowed to provide the Free Subscription to you.
4.4 You may cancel your Free Subscription at any time during your subscription period using the functionality on the website.
5 SUBSCRIBING FOR A PAID SUBSCRIPTION [14][15]
5.1 We offer additional features in a Paid Subscription that can be purchased alongside the free version.
5.2 Below, we set out how a legally binding contract between you and us is made in respect of the Paid Subscription.
5.3 You place an order on the website (you will need to be logged in on your registered account (please see clause 3). You will select your chosen subscription plan, you will then need to check out by clicking the ‘subscribe’ button[16][17] and making payment. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.
5.4 When you get to the end of the online purchase process (e.g. when you click on the subscribe button), we will acknowledge it by email. This acknowledgement does not, however, mean that your Paid Subscription has been accepted by us.
5.5 We may contact you to say that we do not accept your order for a Paid Subscription order. This is typically for the following reasons:
5.5.1 the Paid Subscription is unavailable;
5.5.2 we cannot authorise your payment;
5.5.3 you are not allowed to subscribe to the Paid Subscription from us (e.g. you are under 18);
5.5.4 we are not allowed to sell the Paid Subscription to you; or
5.5.5 there has been a mistake on the pricing or description of the Paid Subscription.
5.6 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
5.6.1 a legally binding contract will be in place between you and us; and
5.6.2 you will have access to the Paid Subscription.
5.7 The Paid Subscription fees and renewal period will be as set out on our website.
5.8 You may cancel your Paid Subscription at any time during your subscription period using the functionality on the website. However, no refunds will be provided for any unused portion of the current subscription period[18].
6 Paying for a paid subscription
6.1 We accept the following credit cards and debit cards: Visa, Mastercard, Debit. We do not accept cash or cheques or AMEX.
6.2 Payment on credit or debit card can only be made by persons over the age of 18 years old.
6.3 We will do all that we reasonably can to ensure that all of the information you give us when paying for the Paid Subscription is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Notice (see clause 10) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
6.4 Once your credit card or debit card has been charged and the Confirmation Email has been sent to you, your Paid Subscription starts.
6.5 All payments by credit card or debit card need to be authorised by the relevant card issuer, e.g. Verified by Visa.
6.6 All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate.
7 Right to cancel[19]
Paid Subscription Only
7.1 When you subscribe to the Paid Subscription, you will be asked to tick a box to confirm that you consent for access to the Paid Subscription to start immediately after your order has been accepted.
7.2 This means that you do not have the right to cancel this contract once access to the Paid Subscription starts and are not entitled to a refund unless the Paid Subscription is faulty. This applies even if you do not access the Paid Subscription.
7.3 This does not affect the rights you have if your Paid Subscription is faulty. A summary of these rights is provided at the top of this page. See also clause 14.
8 Nature of the paid subscription
8.1 When you buy a Paid Subscription, the Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The Paid Subscription that we provide to you must be as described, fit for purpose and of satisfactory quality.
8.2 We are under a legal duty to supply Paid Subscription that is in conformity with this contract.
8.3 When we supply the Paid Subscription:
8.3.1 we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
8.3.2 we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the guide to its use or on our website; and
8.3.3 you acknowledge that there may be minor errors or bugs in it.
9 Faulty FREE OR paid subscription
9.1 When you subscribe to a Free or Paid Subscription, your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
9.1.1 visit our webpage for what we say about if a Free or Paid Subscription is faulty;
9.1.2 contact us using the contact details at the top of this page; or
9.1.3 visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
9.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
9.3 If your Free or Paid Subscription is faulty, please contact us using the contact details at the top of this page.
10 Your privacy and personal information
10.1 Our Privacy Notice is available at https://dementianet.com/privacy-policy.
10.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
11 Permission to use a Free or Paid Subscription
11.1 When you subscribe to a Free or Paid Subscription (see clause 5), you will not own the digital content. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this contract.
11.2 A subscription (whether Free or Paid):
11.2.1 is personal to you. You can use it wherever you want in the world but only if you comply with local laws;
11.2.2 is non-exclusive to you. We will supply the same or similar digital content to other users;
11.2.3 may be used only on [5] computers or devices[20][21];[22]
11.2.4 does not give you the right to change any of the digital content which is covered by the subscription. This means that you may not:
11.2.4.1 adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law). This does not mean that you cannot fill in and save checklists – we are talking about the digital content itself;
11.2.4.2 combine or merge it with, or use it in, any other computer program; or
11.2.4.3 distribute or sell it to any third party;
11.2.5 includes any bug fixes but does not include any new version that we may launch; and[23][24]
11.2.6 contains information which is owned by us and/or third parties. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
11.3 You must not use a Free or Paid Subscription to do any of the following things:
11.3.1 break the law or encourage any unlawful activity;
11.3.2 send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
11.3.3 use it in breach of our Acceptable Use Policy[25][26]; or
11.3.4 infringe our or anyone else's intellectual property rights.
11.4 You agree that we and any parties we work with can place advertisements on our pages whether you have a Free or Paid Subscription[27][28]. You acknowledge that you do not have any right to receive any payment from us in respect of the advertisements.
11.5 You will not obtain any rights of ownership or other rights (of whatever nature) in the digital content, software or any of our other materials or woks through your Free or Paid Subscription other than those expressly given to you by this Contract.
12 CUSTOMER DATA
12.1 In this contract, data (in any form) that you provide to us or upload to any part of a Free or Paid Subscription and any data that is generated as a result of your use of your data in a Free or Paid Subscription, is referred to as “Customer Data”. Customer Data will always belong to you.
12.2 Except to the extent we are required by law we do not actively monitor or have access to the content of the Customer Data and have no control over it[29][30].
12.3 You acknowledge that we are not responsible for the Customer Data and you are solely responsible for ensuring the accuracy, quality, integrity and legality of it and for ensuring that its use (including in connection with a Free or Paid Subscription) complies with all applicable laws and does not infringe any other person's intellectual property rights.
12.4 When accessing a Free or Paid Subscription, you will also see Customer Data that has been posted by other users. Other users will be subject to substantially similar terms to you and we have placed obligations on them in respect of the Customer Data they can upload. However, we do not accept any responsibility for any reliance you place on any Customer Data from another user. You acknowledge that by accessing a Free or Paid Subscription you might see Customer Data which is harmful, inaccurate and/or offensive and we do not accept any responsibility or liability for such Customer Data.[31]
12.5 If we become aware that the customer data (or any part of it) may not comply with our Acceptable Use Policy (available here: [insert link]) or any other part of this contract, [32][33]we can:
12.5.1 permanently delete or otherwise remove the relevant Customer Data from a Free or Paid Subscription;
12.5.2 suspend your access to the relevant Customer Data (see clause 14); and/or
12.5.3 disclose the relevant Customer Data to law enforcement authorities (in each case without the need to consult you).
However, where reasonably practicable and lawful, we shall notify you before taking such action.
12.6 We strongly recommend that, as we do, you back up (or print off a copy) of all Customer Data regularly. You will have 20 days from the end of your subscription to extract all Customer Data from a Free or Paid Subscription after which time you instruct us to securely dispose of any Customer Data processed in relation to a Free or Paid Subscription (or any part).
13 LICENCE of Customer Data
13.1 Any Customer Data that you upload to the discussion forum will be owned by you (to the extent such Customer Data was owned by you at the time it was posted). You grant us a worldwide, royalty-free, non-exclusive, transferable, sublicensable licence to use that Customer Data for the purpose of us providing a Free or Paid Subscription and improving a Free or Paid Subscription.
13.2 You grant to other users a worldwide, royalty-free, non-exclusive licence to access and use your Customer Data that is posted to public message boards.[34]
14 SUSPENSION
14.1 We may suspend your access to a Free or Paid Subscription (or any part):
14.1.1 if we suspect that you have misused a Free or Paid Subscription or have breached this contract, in which case (without prejudice to our rights to end this contract) we will take steps to investigate the issue following which we may restore or continue to suspend access; or
14.1.2 if required by law, or by court, governmental or regulatory order.
14.2 If we suspend your use of and/or access to a Free or Paid Subscription, we will notify you that you are no longer authorised to access and/or use a Free or Paid Subscription. If we are able to, we will provide you with the reasons why we have suspended this contract. Sometimes we may not be able to do this under applicable laws.
14.3 We may suspend your subscription to the Paid Subscription (or any part) if you fail to pay the subscription fee, in which case we will restore access to the Paid Subscription promptly after we receive payment in full and cleared funds.
14.4 Where you have subscribed to the Paid Subscription, you are not entitled to a refund and you are required to continue to pay the subscription fee during any period of suspension, even though you may not have access to all or part of the Paid Subscriptions[35][36].
15 End of the contract
15.1 You may end this contract at any time by deactivating and deleting your account, or by cancelling your subscription using the functionality on the website. Please see our Privacy Notice in respect of what will happen with your personal information when you have ended this contract.
15.2 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
15.3 Where you have subscribed to the Paid Subscription, you are not entitled to a refund unless the Paid Subscription is faulty[37].
16 Limitation on our liability
16.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
16.1.1 losses that were not foreseeable to you and us when the contract was formed;
16.1.2 losses that were not caused by any breach on our part;
16.1.3 business losses; or
16.1.4 losses to non-consumers.
17 Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.
18 Transferring this CONTRACT
1. We may transfer our rights under this contract to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
19 Disputes
19.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Paid Subscription you purchased, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
19.2 The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
19.3 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.