MY OWN MEDIA LIMITED
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT
INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A
DISCLAIMER OF WARRANTY AND A LIMITATION OF LIABILITY CLAUSE.
These Terms of Service define the conditions and obligations related to the use of the website
accessible at myownmedia.co.uk.
- ABOUT THESE TERMS OF SERVICE
1.1 We are My Own Media Limited, a limited company registered in England with
registered address at Unit 5 Cavendish House 369-391 Burnt Oak Broadway, Edgware,
Middlesex, England, HA8 5AW and registered number 06317293 (referred to as “we“,
“us“, or the “Company”). We offer a service called “Migreat”, whose Terms of Service
are described here.
1.2 We provide the website at https://migreat.com/ and its subdomains (together, the
“Website”). We offer all the services including without limitation:
1.Marketing for the registered Immigration Advisors using platforms through Google
Ads, Facebook and similar services. The Company will reach potential clients
based on criteria such as previous keyword searches and direct potential clients
to a lead generation form where they may register for a callback.
2.Collected ‘warm leads’ will be passed on to the registered immigration advisors within
24 hours of receiving them, excluding weekends.
1.3 These Terms of Service apply to the use of the Services by Users. 1.4 Please
review these Terms of Service carefully and make sure that you understand them
before using the Services or Website. If you do not agree to these Terms of Service,
you must cease use of the Services and Website immediately. - ACCEPTANCE OF TERMS OF SERVICE
2.1 By making use of the Website and/or the Services, you agree to be bound by these
Terms of Service (as amended from time to time) in their entirety. Immigration Advisors
may alternatively sign these Terms of Service in paper format or by way of an electronic
signature.
2.2 The Company may at any time modify these Terms of Service. We will notify you of
any changes to these Terms of Service either by emailing you (at the email address
notified by you to us on the Website) or by posting a notice on the Website at least
fifteen (15) working days before the effective date of the change.
2.3 By continuing to use the Services and/or the Website after changes to these Terms
of Service are made and notified to you, you agree to be bound by such changes. 2.4
You can review the most current version of our Terms of Service at any time by clicking
on the myownmedia.co.uk link located at the bottom of the Website. The most current
version displayed on that page will supersede all previous versions. - REGISTRATION
The first part of this clause relates solely to Clients.
3.1 No formal registration is necessary for a Client to make use of the Services. 3.2 Prior
to making use of the ‘send’ module on the contact form in order to register for a callback
by an immigration advisor, a Client must provide identification, contact, company
information, and other such data as may be requested by the Company. - ACCESS AND DESCRIPTION OF THE SERVICE
The first part of this clause relates solely to Clients.
4.1 Clients may make use of the Services by accessing the Website at
http://www.migreat.com. The Services allow a Client to register for a callback by an
immigration advisor.
4.2 Following the provision of certain information in accordance with clause 3.2, the
Services allow a Client to submit their information to an immigration advisor via the
‘send’ module. This submission is not directly to the immigration advisor, but to Migreat,
who then forwards the information to an immigration advisor. At this point, Migreat does
not evaluate the information submitted as we do not ourselves offer any legal or
immigration advice.
4.3 The Client is solely responsible for the accuracy and/or legality of any content sent
using the ‘send’ module.
This part of this clause relates solely to Immigration Advisors.
4.4 In order to access the Service, the immigration advisor must be registered as an
official partner with Migreat.
4.5 The Services enable the marketing, promotion and visibility of the immigration
advisor. - IMMIGRATION ADVISOR OBLIGATIONS
This clause relates solely to Immigration advisors.
5.1 In order to be considered qualified to make use of the Services (“Qualified”), the
Immigration advisor must:
1.(a) notify the Company of his/her regulatory status and their supervising regulator or
body; and
2.notify the Company of the level of professional indemnity insurance the Immigration
advisor has in place from time to time.
5.2 The Company reserves the right to terminate the agreement without notice if it has
reason to believe that the Immigration Advisor is/are not Qualified pursuant to clause
5.1. The Immigration Advisor shall notify the Company as soon as he/she or one of its
employees is no longer considered Qualified.
5.3 The Immigration Advisor acknowledges that the Company does not exercise control
over any content or information posted by the Immigration Advisor on their own Website,
either when it is first posted online or when it is subsequently modified.
5.4 The Immigration Advisor undertakes to inform the Company by any written means
(postal mail or email) of any change relating to their identification information and in
particular any change to their email address. In the event that the Immigration Advisor
can no longer receive emails sent by the Company during the period of use of the
Services due to a delay in the Immigration Advisor updating the identification
information, the Company shall not be held responsible and shall accept no liability, in
particular when concerning notification of any changes made to these Terms. - YOUR CONDUCT
6.1 By using the Website and/or the Services, you agree not to:
1.upload, e-mail or otherwise send or transmit any material that: - is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or
racially or ethnically offensive; - facilitates illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
- is discriminatory based on race, gender, colour, religious belief, sexual
orientation, disability; or - is otherwise illegal or causes damage or injury to any person or property; 2.upload,
e-mail or otherwise send or transmit any material that contains viruses, trojan horses,
worms or any other computer code, files or programmes designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunications
equipment associated with the Services or the Website; 3.interfere with the servers or
networks connected to the Website or to violate any of the procedures, policies or
regulations of networks connected to the Website, including these Terms of Service;
4.attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit
the Website to any third party, or jeopardise the correct functioning of the Website, or
otherwise attempt to derive the source code of the software (including
the tools, methods, processes and infrastructure) that enables or underlies the
Website;
5.attempt to gain access to secured portions of the Website to which you do not
possess access rights;
6.impersonate any other person while using the Services or Website; 7.conduct yourself
in a vulgar, offensive, harassing or objectionable manner while using the Website;
8.resell or export the software associated with the Website;
9.use the Website to generate unsolicited advertisements or spam; or 10. use any
automatic or manual process to search or harvest information from the Website, or to
interfere in any way with the proper functioning of the Website.
6.2 From time to time you may find links to third-party websites on the Website. These
links are provided for your information only and are not recommended by the Company.
The Company has no control over the content of third-party sites and accepts no
responsibility or liability for them or for any loss or damage that may arise from your use
of them. When accessing a third-party website, you are advised to check such website’s
terms of service and privacy policy to ensure compliance with applicable laws. 6.3 You
must not misuse the Website by knowingly introducing viruses, trojan horses, worms,
logic bombs or other material which is malicious or technologically harmful. You must
not attempt to gain unauthorised access to the Website, the server on which the
Website is stored or any server, computer or database connected to the Website. You
must not attack the Website 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 the Website will cease
immediately.
The remainder of this clause 6 relates to Immigration Advisors only.
6.4 In making use of the Services, the Immigration Advisor shall not transmit incorrect or
false information, as determined in the Company’s sole and absolute discretion. In the
event that an Immigration Advisor transmits such incorrect or false information, the
Company reserves the right to terminate the cooperation with the Immigration Advisor.
7. OUR RIGHTS
7.1 In providing you with access to the Website and/or the Services, the Company
reserves the following rights, and in accessing, browsing or otherwise using the Website
you grant to the Company and agree that we shall have the following rights:
1.the right to refuse or withdraw your registration with Migreat in accordance with
applicable laws for any reason at any time (with or without notice) if in the
Company’s sole and absolute discretion you violate or breach any of these Terms
of Service;
2.the right to amend or update the Website, fees, billing methods or these Terms of
Service from time to time;
8. WORKING WITH IMMIGRATION ADVISORS
This clause applies to Clients only.
8.1 The Client acknowledges that the Services may enable or assist it to purchase
immigration advice services from Immigration AdvisorsImmigration Advisors and that it
does so solely at its own risk.
8.2 The Company makes no representation, warranty or commitment and shall have no
liability or obligation whatsoever in relation to:
1.the accuracy, appropriateness or legality of any information on an Immigration
Advisor’s profile including without limitation their qualifications or the suitability for
any purpose; and/or
2.the legal services provided by, or correspondence with, any such Immigration Advisor,
or any transactions completed, and any contract entered into by the Client, with
any such Immigration Advisor.
Any contract entered into and any transaction completed with any given Immigration
Advisor is between the Client and the relevant Immigration Advisor, and not the
Company. The Company recommends that the Client enters into a formal agreement
with the Immigration Advisor prior to using its services.
8.3 By allowing Clients to access the contact details of Immigration Advisors Immigration
Advisorsthrough the Website as part of the Services, the Company does not endorse or
approve any given Immigration Advisor. Accordingly, the Company has no liability for
any defects in the performance of any services or any breach of any agreement by an
Immigration Advisor.
9. INTELLECTUAL PROPERTY
9.1 The Company and/or its licensor(s) are the sole owners of the Website, which
includes any software, domains, and content made available through the Website. The
Website is protected by UK and international copyright and other intellectual property
laws. All such rights are reserved.
9.2 Without limitation, this means that you may not sell, export, license, modify, copy,
distribute or transmit the Website (or any part of it) without the Company’s prior express
written consent.
9.3 The Company and its graphics, logos, icons and service names related to the
Website are registered and unregistered trademarks or trade dress of the Company.
They may not be used without the Company’s prior express written permission. 9.6 All
other trademarks not owned by the Company that appear in connection with the
Website are the property of their respective owners, who may or may not be affiliated
with, connected to or sponsored by the Company.
10. SECURITY
10.1 Whilst we have implemented GDPR compliant technical and organisational
measures to secure your personal data from unauthorised use, we cannot guarantee
that unauthorised third parties will never be able to defeat those measures. 10.2 You
acknowledge that you provide your personal data at your own risk.
11. ELECTRONIC COMMUNICATIONS
11.1 By downloading and/or using the Website and/or material provided through the
Website, you consent to receiving electronic communications and notices from the
Company.
11.2 You agree that any notice, agreement, disclosure or other communications that we
send to you electronically will satisfy any legal communication requirements, including
that such communications be in writing.
12. PRIVACY
You provide us with information when you make use of the ‘send’ module on the
Website/Lead Generation form. We also collect information relating to you (for example
on your usage history) and your use of the Website and/or Services. Any information
that you submit or that we collect when you are using the Website or Services is subject
to the Privacy Policy, the terms of which are hereby incorporated into these Terms of
Service. - USE OF INFORMATION SUBMITTED
You agree that the Company is free to use any comments, information or ideas
contained in any communication you may send to the Company without compensation,
acknowledgement or payment to you for any purpose whatsoever, including, but not
limited to, developing, manufacturing and marketing products and services and creating,
modifying or improving the Services or Website or other products or services. For the
avoidance of doubt, all such information will be deemed by the Company to be non
confidential and non-proprietary, and you agree that such information may be used by
us without any limitation whatsoever. - PAYMENT
14.1 The Website and Services are free to use for Clients. Clients may have to pay any
Immigration Advisor whom they instruct via the Website. This is a private matter
between the Client and Immigration Advisor. - LIMITATION OF LIABILITY AND NO WARRANTY
15.1 Nothing in these Terms of Service excludes or limits our liability for death or
personal injury arising from our negligence, or our fraud or fraudulent misrepresentation,
or any other liability that cannot be excluded or limited by English law. 15.2 To the extent
permitted by law, we exclude all conditions, warranties, representations or other terms
which may apply to the Website or any content on it, whether express or implied.
15.3 In no event shall the Company, its shareholders, directors, officers, employees or
agents be liable (jointly or severally) to any User for any loss or damage, whether in
contract, tort (including negligence), breach of statutory duty, or otherwise, even if
foreseeable, arising under or in connection with:
1.use of, or inability to use, the Website; or
2.use of or reliance on any content displayed on the Website.
15.4 Please note that in particular, the Company, its shareholders, directors, officers,
employees and/or agents will not be liable for:
1.loss of profits, sales, business, or revenue;
2.business interruption;
3.loss of anticipated savings;
4.loss of business opportunity, goodwill or reputation; or
5.any indirect or consequential loss or damage.
15.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of
service attack, or other technologically harmful material that may infect your computer
equipment, computer programmes, data or other proprietary material due to your use of
the Website or to your downloading of any content on it, or on any website linked to it.
15.6 The Company’s total liability to any Client in all cases is limited to £100.00. The
Company’s total liability to any Immigration Advisor is limited to the price of the annual or
monthly subscription that a Immigration Advisor has fully paid to the Company. 15.7
From time to time you may use or access services, promotions and websites of third
parties. In using or accessing third-party services, promotions and websites, you agree
to be bound by the terms of service of such third parties governing their services,
promotions and websites and hereby acknowledge that we shall not be responsible for
the provision of services, accuracy of promotions or content of websites belonging or
operated by third parties.
15.8 You acknowledge and agree that the Company is not responsible for the accuracy
of any information published on the Website by any User and does not warrant that any
information appearing on the Website is accurate, true or complete. If you believe that
any information appearing on the Website is incorrect, you should inform the Company
of the information that you consider to be inaccurate and/or inform the Company or other
User who posted the information that you consider it to be inaccurate. The Company
specifically excludes liability for any loss, harm, distress or damage suffered by you or
any third party as a result of inaccurate information appearing on the Website. 15.9 The
Company makes no representation that content on the Website is appropriate or
available at locations outside of the United Kingdom. By accessing the Website from
outside the United Kingdom, you represent and warrant to the Company that your use of
the Website is in compliance with all applicable local laws. - INDEMNITY
You agree to indemnify and hold the Company, its shareholders, directors, officers,
employees, agents and partners harmless from and against any third-party claim or
cause of action, including reasonable attorneys’ fees and court costs, arising, directly or
indirectly, out of your use of the Services and/or Website or your violation of any law or
the rights of any third-party. - DISPUTES
17.1 You agree that these Terms of Service and any claim, dispute or controversy
arising out of in connection with these Terms of Service or their subject matter or
formation (including non-contractual disputes or claims), the Services, the Website, the
Company’s advertising or any related transaction between you and the Company shall
be governed by and construed in accordance with English law.
17.2 Any dispute or claim arising out of or in connection with such matters (including
non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the
courts of England and Wales. - TERMINATION
18.1 The Company may change or discontinue the Services and/or Website at any time
without prior notice. We reserve the right to terminate these Terms of Service for any
reason, without notice, and these Terms of Service shall automatically terminate in the
event that you violate any of the Terms of Service set forth herein (with prejudice to our
accumulated rights against you). In the event of any termination, you will immediately
cease use of the Services and Website. - GENERAL
19.1 These Terms of Service are agreed between you and us. No person shall have any
rights under or connection with these Terms of Service under the Contracts (Rights of
Third Parties) Act 1999.
19.2 If any court or competent authority decides that any term of these Terms of Service
is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that
extent only, be severed from the remaining terms, which shall continue to be valid to the
fullest extent permitted by law.
19.3 Headings are for reference purposes only and in no way define, limit, construe or
describe the extent or scope of such section.
19.4 Our failure to enforce any provision of these Terms of Service shall not constitute a
waiver of that or any other provision and will not relieve you from the obligation to
comply with such provision.
19.5 You are not permitted to assign, transfer, charge, sub-contract or deal in any other
manner with all or any of your rights under these Terms of Service without our prior
express written consent. The Company may assign, transfer, charge, sub-contract or
deal in any other manner with all or any of its rights under these Terms of Service. 19.6
The provisions of these Terms set out the entire agreement between the User and the
Company. They prevail over any proposal, exchange of letters before and after the
conclusion of the present, as well as on any other provision appearing in the documents
exchanged between the parties and relating to the subject of the present ones, except
an amendment duly signed by the representatives of the two parties.