Welcome to Mayday’s terms of service

Mayday Terms and Conditions of Service

Updated 12/06/2022

1. INTRODUCTION

These Terms and Conditions of Service set out the terms on which we, Melara Ltd (trading as Mayday) will provide our services, including use of the Mayday platform at www.mayday.travel (the “Site”) whether you pay for our services or make use of our free service (collectively the “Mayday service”).

These Terms and Conditions of Service should be read in conjunction with our Website Terms of Use and Privacy Policy.

These terms tell you who we are, how we provide you with access to and use of the Mayday service, how you and we may change or end the contact, what to do if there is a problem, and other important information. By completing your registration and using the Mayday service you agree to be bound by these Terms.

We will use the following terms throughout:

Data Protection Legislation – means the UK Data Protection Act 2018 and related subordinate legislation as may be amended, updated, or re-enacted from time to time, together with the GDPR for such time as it remains applicable in the UK.

End User – the person using the Mayday service for storage of his or her personal information, documents, and other content (“you”).

End User Data – the personal information, documents and other content stored in their Mayday account by an End User.

GDPR – the European Union General Data Protection Regulation (2016/679/EU).

Nominee – any person who is nominated by an End User to access the Mayday service, such as next of kin or an emergency contact, by means of a shared Mayday QR code and pin number.

Platform – the software platform accessed via the Site, through which the Mayday service is provided, including the encrypted, secure, online digital database provided to you by us, with permitted access to any third parties nominated by you (“nominees”), as well as permitted public access by any other third parties via your Mayday QR code.

Mayday services – the services we provide the end user, whether free or paid for, including access to and use of a Mayday QR code, provided by us to the End User under this Agreement.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

We are Melara Limited (“us, “we”, “our”) a company incorporated in England (registered number 13950755) with a registered office at 201 Goldhawk Road, London W12 8EP, and trading as 'Mayday'.

You can contact us by writing to us at hello@mayday.travel

If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us when you signed up with us.

3. OUR CONTRACT WITH YOU

A contract will come into existence when you complete your registration and click to accept our Terms and Conditions of Service.

You must be at least 18 years of age to use the Mayday service and you must be resident in the UK. By using the Mayday service or agreeing to these Terms, you warrant and represent to us that you are at least 18 years of age and that you are resident in the UK. Any Nominee specified by you in accordance with these terms must also be over 18 years of age.

4. SERVICES

4.1 We provide access to the Mayday service where you can upload personal data and information, (including without limitation text, images, document files and contact and other details) that can be accessed by parties nominated by you, as well as publicly accessible according to the permissions you set for each data level. In order to access the Mayday service, you must first register with us in accordance with the following provisions:

4.2 You register for Mayday by completing and submitting the registration form on the Site. The costs of access to Mayday services (if any) will be displayed to you on the Site.

4.3 When using the free version of the Mayday service, certain aspects of our service will not be available to you. Details are set out on the Site. You can upgrade to our paid subscription, Mayday Plus, at any time.

4.4 Once you have registered for the Mayday service, you will be able to add nominees (next of kin and emergency contacts) who will be able to access any data on the platform to which you give them permission. You will also be able to share their contact details publicly with third parties who scan your QR code.

You may change details of your Nominees at any time, as well as their viewing permissions. We are entitled to share your data, according to these permissions, with your Nominees and with third parties who scan your Mayday QR code, and you should therefore think carefully before nominating them. You are responsible for ensuring that the contact details for your Nominees are correct and that your Nominees are over 18, appropriate, willing, and able to act as your Nominee. You confirm that you have all consents and authorisations necessary in order to provide any personal data relating to your Nominees to us, and that they have consented to allow their contact details to be publicly accessible via your Mayday QR code.

4.5 Nominees will be sent an email informing them that you have added them to the platform as nominees and that their contact details may be publicly visible. In the event that they do not agree to be added or their contact details made publicly available to third parties, their details will be deleted from the end user account.

4.6 You will also be able to make certain data about yourself publicly accessible by any third party who scans your Mayday QR code (public visibility). You must not allow public visibility to any information that you are not comfortable sharing, or which may cause harm to you or others, or which you do not have the rights to share.

4.7 You must:

4.7.1 keep your user ID and password confidential and change your password immediately in the event that you become aware of any unauthorised disclosure of your password or user ID;

4.7.2 notify us in writing immediately if you become aware of any unauthorised use of your Mayday account; and

4.7.3 not use any other person’s registration details or password to access the Platform.

4.7.4 You are responsible for any activity on our Platform arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

SUPPLY OF THE MAYDAY SERVICE AND FEES

5.1 Once your registration is complete the contract between us for the supply of the Mayday service shall come into force. We will supply the Mayday service to you until your subscription expires (if applicable) or either party ends the contract as described in these Terms.

5.2 We may from time to time vary the benefits associated with the Mayday service by giving you written notice of the variation, providing that if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in respect of any period of subscription after the date of such cancellation.

5.3 At the end of any period of subscription for which you have paid, or which was covered by a voucher, your paid subscription will be automatically renewed for another 12 months and you must pay to us the applicable subscription fees (annually or monthly), unless you cancel the paid subscription using the cancellation facility on our Site or in writing to us before the date of renewal. In the event that you fail to renew your paid subscription, your account will become a free account, with restricted access to the Mayday service. You have the right to cancel this free service at any time, by deleting your account and your data on the Site.

5.4 Payment is due in advance in cleared funds. Applicable fees will be as set out on the Site from time to time. You are responsible for keeping your payment information current, complete and updated. You agree that we may continue to charge your credit/debit card for your subscription unless you have actively cancelled your subscription. All amounts and Fees stated in these Terms are payable in Pounds Sterling, are non-cancellable and non-refundable (subject to clause 10) and are inclusive of all applicable taxes.

5.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

5.6 If you owe us any amount under or relating to these Terms, we may suspend or withdraw the provision of the Mayday service to you or disable your access. We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

5.7 If our supply of the Mayday service is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for any delays caused by the event, but if there is a risk of substantial delay you may contact us to have your subscription period extended by the period of the delay.

5.8 We have the right to suspend the supply of the Mayday service to:

5.8.1 deal with a technical problem or make minor technical changes;

5.8.2 update our product/service to reflect changes in relevant laws and regulatory requirements;

5.8.3 make changes to the Mayday service as requested by you or notified by us to you.

5.9 We will contact you in advance to tell you we will be suspending supply of the Mayday service unless the problem is urgent or an emergency. If we have to suspend the product for longer than 24 hours, we will extend your subscription so that you do not pay for the Mayday service while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 72 hours and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract. We accept no liability for loss of service or functionality if the Mayday service is suspended in these circumstances

5.10 Unless you are receiving access to the Mayday service as part of services you are receiving through a third party (such as a travel company or insurance provider), if you do not pay us for the Mayday service when you are supposed to, and you still do not make payment within 30 days of us reminding you that payment is due, we may suspend supply of the Mayday service until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Mayday service. We will not suspend the Mayday service where you dispute a payment. We will not charge you for the Mayday service during the period for which it is suspended.

6. YOUR OBLIGATIONS UNDER THESE TERMS

6.1 You are solely responsible for your End User Data. Your End User Data must comply with our content standards contained in our Terms. You agree that you shall not copy, upload, download or share content (including details of any Nominees) unless you have the right to do so and that any End User Data uploaded by you shall not infringe the intellectual property rights of any third party.

6.2 You are responsible for ensuring that your End User Data is up to date, and accurate at all times. We may send you periodic reminders requesting you to check and confirm your End User Data, but you acknowledge that we have no liability for your failure to ensure that your End User Data is up to date and accurate.

6.3 You are responsible for ensuring that you retain copies of your End User Data for your own records.

6.4 On termination or expiry of a paid subscription for any reason, your Mayday account will revert to the free version of our service, with limited access and availability.

6.5 Please note that we do not accept any liability for the conduct or actions of your Nominee (s), and permitting a Nominee to access End User data on your Mayday account is at your own risk. We also do not accept any liability for the conduct or actions of any third party who accesses End User data that you have made publicly available via your Mayday QR code, and setting public permissions to any End User data is at your own risk.

6.6 You shall not access, store, distribute or transmit any viruses, or any material during the course of your use of the Platform that:

6.6.1 is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; or

6.6.2 facilitates illegal activity; or

6.6.3 in a manner that is otherwise illegal or causes damage or injury to any person or property; and we reserve the right, without liability or prejudice to our other rights, to disable your or your Nominee’s or any public third party access to any material that breaches the provisions of this clause.

6.7 You shall not (except to the extent expressly permitted under these Terms):

6.7.1 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute (as applicable) all or any portion of the Mayday service or Site (as applicable) in any form or media or by any means; or

6.7.2 attempt to reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form (as applicable) all or any part of the Mayday service or Site; or

6.7.3 access all or any part of the Mayday service or Site in order to build a product or service which competes with the Mayday service or Site;

6.7.4 attempt to obtain, or assist third parties in obtaining, access to the Mayday service or Site, other than as provided under these terms; or

6.7.5 attempt to bypass or disable any security feature or mechanism within the Services.

7. DATA PROTECTION

7.1 As between you and us, you shall own the End User Data and you shall have sole responsibility for the legality, reliability, integrity, accuracy, and quality of the End User Data. Other than End User data that you choose to make publicly available via your Mayday QR code, we have no access to, nor do we monitor any End User Data posted or provided by you into the Platform, except limited user and nominee contact data necessary to communicate with you and your nominees in order to run an efficient service. We and any of our subcontractors shall only use End User Data as required to fulfil the Mayday service.

7.2 We shall follow our standard back-up practices, as may be notified to you from time to time, and as such, these practices may be amended by us at our sole discretion. In the event of any loss or damage to the End User Data, we shall restore the lost or damaged End User Data from the latest back-up of such End User Data in accordance with our standard, internal practices. We shall not be responsible for any loss, destruction, alteration, or disclosure of End User Data caused by any third party, and our liability for any loss of data caused by us or our subcontractors shall be limited to the total fees that you have paid us (see clause 16 below).

7.3 We shall be the processor for all End User Data which contains Personal Data within the Mayday service.

7.4 You will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data (including that of a Nominee) to us for the duration and purposes of this agreement.

7.5 Under current data protection legislation, we are required to include certain conditions for processing Personal Data in our possession. These conditions are set out below:

7.5.1 We will process Personal Data only according to your explicit consent, as provided when you register for the Mayday service, unless we are otherwise required by applicable law to process that Personal Data (and if so, we will notify you of this unless we cannot under the law).

7.5.2 At your written direction, we will delete or return Personal Data and copies of the Personal Data to you on termination of the agreement unless required by law to store the Personal Data; and

7.5.3 We will maintain complete and accurate records and information to demonstrate our compliance with this clause 7.

7.5.4 We will only make your Personal data or End User data publicly accessible or accessible to your nominees according to the permissions you set.

7.6 You consent to us appointing certain third parties as a third-party processor of Personal Data under this agreement. We confirm that we have entered or (as the case may be) will enter with the third-party processor into a written agreement incorporating terms which are substantially similar to those set out in this clause 7, and in either case reflect and will continue to reflect the requirements of the Data Protection Legislation. As between you and us, we shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this clause 7.

8. ACCESS TO END USER DATA

8.1 End User Data shall be stored, processed, and released in accordance with clause 7 above.

9. IF THERE IS A PROBLEM WITH THE SERVICES

9.1 If you have any questions or complaints about the Mayday service or Site, please contact us. You can write to us at hello@mayday.travel

9.2 We are under a legal duty to supply the Mayday service in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Mayday service or Site. Nothing in these Terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions.

a) You can ask us to fix the Mayday service or Site if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it.

b) If you have not agreed a price beforehand, what you are asked to pay must be reasonable.

c) If you have not agreed a time beforehand, it must be carried out within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

10. CANCELLATION, SUSPENSION AND TERMINATION

10.1 In the event that we do not receive any payment due to us by its due date for any reason, your Mayday service shall be suspended, and will revert to the free version currently available via the Platform and all other paid Mayday services will cease.

10.2 We may immediately disable your passwords or suspend or terminate your access to the Mayday service in the event that we, acting reasonably, consider that you have breached any of the Terms. In addition to our right to terminate, we may also take the following actions:

10.2.1 send you one or more formal warnings;

10.2.2 temporarily suspend your access to the Mayday service;

10.2.3 permanently prohibit you from accessing our Platform or the Mayday service;

10.2.4 commence legal action against you, whether for breach of contract or otherwise; and/or

10.2.5 suspend or delete your Mayday account.

10.3 Where we suspend or prohibit or block your access to the Mayday service or Site or the Platform, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different Mayday account).

10.4 Mayday access shall cease and your account and data will be deleted within 30 days following notification of your death.

10.5 Without prejudice to the foregoing, we may temporarily suspend your access to Mayday services; and/or cancel your subscription, at any time in our sole discretion, providing that if we cancel any Services you have paid for and you have not breached the Terms, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable notice of any cancellation under this Section 10 and an opportunity to retrieve your End User Data.

11. YOUR RIGHTS TO END THE CONTRACT

11.1 If you are ending a contract for a reason set out at 11.1.1 to 11.1.5 below the contract will end immediately and we will refund you in full for any Services which have not been provided. The reasons are:

11.1.1 we have told you about an upcoming change to the Mayday service or these terms which you do not agree to;

11.1.2 we have told you about an error in the price or description of the Mayday service you have ordered, and you do not wish to proceed;

11.1.3 there is a risk that supply of the Mayday service may be significantly delayed because of events outside our control;

11.1.4 we have suspended supply of the Service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 days; or

11.1.5 you have a legal right to end the contract because of something we have done wrong.

11.2 You have 14 days after the day you sign up for a paid subscription to change your mind. If you cancel within this period, after we have started providing you with access to the Mayday service, you will be refunded any fees you have paid us for the subscription.

11.3 Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed. If you want to end the contract in these circumstances, just contact us to let us know. Any refund of fees will be at our discretion.

HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

12.1 To end the contract with us, please let us know by emailing us at hello@mayday.travel. Please provide your name and details of your registration.

12.2 If you are due a refund, we will refund you the amount owed by the method you used for payment.

12.3 We will make any refunds due to you as soon as possible.

13. OUR RIGHTS TO END THE CONTRACT

13.1 We may end the contract at any time by writing to you if:

13.1.1 you do not make any payment to us when it is due, and you still do not make payment within 30 days of us reminding you that payment is due; or

13.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Mayday service.

14. OUR RIGHTS AND DUTIES

14.1 The Services will be performed with reasonable skill and care in a professional and workmanlike manner.

14.2 We do not warrant that you or your Nominee’s use of the Services, or public third party access to your End User or personal data, will be uninterrupted or error-free; or that the Mayday service meets your requirements.

14.3 We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Mayday service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.

14.4 All intellectual property rights in the Mayday service and Site are owned by or validly licensed to us. The Mayday service and Site are proprietary to us (or the appropriate third party rights owner) and you and your Nominee acquire no rights in or to the Mayday service and Site.

15. EFFECTS OF TERMINATION

15.1 We have the right to delete your Mayday account entirely or in part under the following circumstances:

15.1.1 if you ask us to delete your End User data and account under the relevant Data Protection Legislation;

15.1.2 if we are validly notified of your death, we are entitled to delete your account.

15.1.3 if you choose to end your subscription or terminate the agreement, we may hold your End User data for a fixed period of time before deletion, subject to our obligations under the relevant Data Protection Legislation.

16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

16.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

16.2 We are not liable to you for business losses. We only provide access to the Mayday service for domestic and private use. If you use our products or service for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16.3 We will not be liable for any failure by you to ensure that your End User Data is complete, accurate and up to date or for following any instruction by you regarding the release of your End User data - for example due to the access permissions you set.

16.4 We shall have no liability for any failure by you to retain copies of your End User Data and/ or for any failure of you to download or retain copies of your End User Data prior to termination, expiry, cancellation or non-renewal of your Mayday account for any reason.

16.5 We shall ensure that we have in place appropriate technical measures and safeguards in order to protect the confidentiality of your End User Data and we shall comply with all applicable laws in the provision of the Mayday service. However, you agree that by making any End User data or Personal data publicly accessible to third parties via your QR code, according to the permissions you set, voids these safeguards. The Services are provided on an “as is” basis. In particular we do not warrant that the Mayday service (i) will be uninterrupted, error free or available at a particular time or location; (ii) free from viruses or other harmful components; or that (iii) the Mayday service will meet your requirements or expectations. To the fullest extent allowable by law all warranties express or implied relating to the services are excluded.

16.6 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the services or the terms.

16.7 Our aggregate liability to you arising out of or in connection with the Mayday service shall not exceed the total amount paid and payable to us for the Mayday service.

17. VARIATION

We may revise the Terms from time to time, and the revised Terms will apply to the use of the Mayday service from the date that they are published on the Site or notified to you; if you do not agree to the revised Terms, you may terminate your contract with us.

18. OTHER IMPORTANT TERMS

18.1 We may transfer our rights and obligations under these terms to another organisation. We will ensure that the transfer will not affect your rights under the contract.

18.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

18.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.

18.6 These terms are governed by English law.