We are mea platforms Group Limited (referred to as “we” or “us” or “our” or “mea platforms”). Our registered address is Kemp House 152-160 City Road, London, England, EC1V 2NX. We are a private limited company and our registered company number is 13243122. We operate from our registered address.
mea platforms provides a platform by which to upload Insurance submissions (“Documentation”) for the purpose of data extraction to a structured CSV format, with such platform being made available by mea platforms (which include our group and affiliated companies) through our website available at https://meaplatform.com (the “Site” and, together with any related software, tools and services provided in connection with the Site, the “mea platforms Service”).
The following terms and conditions, along with mea platforms’ Privacy Policy (collectively, the “Terms of Service”), constitute a binding legal agreement between you and mea platforms and govern your access to and use of the mea platforms Service and all Site Content (as defined below).
By accessing or using the mea platforms Service in any way, including browsing the Site or registering for an account (“Account”), you are indicating that you have read, understand and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, then you have no right to access or use the mea platforms Service or Site Content. If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
USING THE MEA PLATFORMS SERVICE
By accessing or using the mea platforms Service, you represent and warrant to mea platforms that: (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent’s permission to use the mea platforms Service and your parent or guardian has read and agrees to these Terms of Service on your behalf; (ii) all registration information you submit is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; and (iv) if you are accepting these Terms of Service on behalf of a company or other legal entity as a Corporate Administrator (as defined below), you have the authority to bind that company or legal entity to these Terms of Service. These Terms of Service are void where prohibited by law, and the right to access the mea platforms Service is revoked in such jurisdictions. If you do not meet all of these requirements, you must not access or use the mea platforms Service.
In order to access certain parts of the mea platforms Service, you must register to create an Account and become a Member (“Member”). When registering with mea platforms as an individual you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the mea platforms Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse any and all current or future use of the mea platforms Service (or any portion thereof).
You may not authorize any third party to access or use the mea platforms Service through your Account on your behalf. You are responsible for maintaining the confidentiality of your user ID and password and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify mea platforms of any unauthorized use of your user ID or password, or any other breach of security. mea platforms cannot and will not be liable for any loss or damage arising from any unauthorized use of your Account.
In order to create an Account on behalf of a company or other legal entity, rather than an individual (a “Corporate Member”), you must register to create an Account as an administrator or policy holder for the Corporate Member (a “Corporate Administrator”). When registering on behalf of a Corporate Member, you agree to: (a) provide true, accurate, current and complete Registration Data about yourself and the Corporate Member, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate the Corporate Member’s Account and associated Member Accounts and refuse any and all current or future use of the mea platforms Service (or any portion thereof) by Corporate Member and related Members.
You may not allow any third party (other than authorized agents of the Corporate Member) to access or use the mea platforms Service on Corporate Member’s behalf. The Corporate Member is responsible for (i) all Member Data and Member-Generated Content (as defined below) posted and activity that occurs under its Account; (ii) maintaining the security of its Account login credentials; and (iii) promptly notifying mea platforms upon becoming aware of any unauthorized use of, or access to, the mea platforms Service through its Account.
FEES AND PAYMENTS
By establishing an Account, you agree to the term, pricing, payment, and billing policies set forth (a) herein, (b) on the Site. The use of various offerings within the mea platforms Service may be subject to additional terms as set forth on the Site (such additional terms being incorporated herein by reference). All fees paid for the mea platforms Service are non-refundable and non-transferable except as expressly provided in these Terms of Service.
All fees and applicable taxes, if any, are payable in British Pounds or US Dollars. You are solely responsible for the payment of, and shall pay when due, all applicable sales and use taxes and similar fees now in force, enacted or imposed in the future on the delivery of the mea platforms Service and/or any related transactions. If for any reason mea platforms pays any such taxes, duties or excises, you will reimburse mea platforms for such taxes, duties or excises, other than taxes on mea platforms’ net income.
TERM AND TERMINATION
These Terms of Service shall commence on the date on which you register for an Account and, unless terminated earlier in accordance with this section 4, shall continue for an initial period of 12 months (“Initial Period”) and, thereafter, these Terms of Service shall be automatically renewed for successive periods of time (each a “Renewal Period”) unless you notify us in writing at least 60 days prior to the end of the then-current term that you wish to terminate these Terms of Service at the end of such term.
mea platforms may, at any time during the Initial Period or any Renewal Period, terminate your Account or terminate these Terms of Service on 10 days prior written notice to you.
If you breach these Terms of Service, mea platforms will have the right to suspend, disable or terminate your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. mea platforms reserves the right to revoke your access to and use of the mea platforms Service at any time, with or without cause. In the event mea platforms terminates these Terms of Service for your breach, you will remain liable for any and all amounts due hereunder. You may cancel your Account at any time here, or by sending an email to help@meaplatform.com .
You may terminate your obligations under these Terms of Service (a “Termination for Cause”) in the event mea platforms fails to perform or observe any material term or condition under these Terms of Service and fails to cure such breach within thirty (30) days after receipt of written notice of such breach.
PRIVACY See mea platforms’ Privacy Policy for information and notices concerning mea platforms’ collection and use of your personal information.
SUPPLEMENTAL TERMS FOR CERTAIN SERVICES Certain additional services offered as part of the mea platforms Service may require you to enter into a separate agreement and/or be subject to additional terms. In the event of any conflict between these Terms of Service and the additional terms, these Terms of Service will control.
LINKS TO THIRD-PARTY WEBSITES
The mea platforms Service may now or in the future contain links to third-party websites, advertisers, services, or resources that are not owned or controlled by mea platforms.
You acknowledge and agree that mea platforms has no control over and is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, privacy policies, practices, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by mea platforms of such websites or resources or the Content, products, practices, privacy policies, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.
Additionally, your dealings with or participation in promotions of any third parties, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that mea platforms shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. We encourage you to be aware of when you leave the Site, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. You expressly relieve mea platforms from any and all liability arising from your use of any third-party website or services or third-party Content.
YOUR CONTENT
“Content” shall mean any text, graphics, photos, music, software, audio, video, information, or other materials. Content shall be “mea platforms Content” if mea platforms makes such Content available through the Site or the mea platforms Service, including any Content licensed to mea platforms from a third party, but excluding Member-Generated Content (as defined below). “Site Content” shall refer to all mea platforms Content and Member-Generated Content.
Each individual Member shall retain all right, title and interest in and to (a) all Content transmitted by or on behalf of an individual Member to mea platforms in connection with its use of the mea platforms Service and (b) reports and other materials generated by the mea platforms Service following such transmission (collectively, “Member Data”), provided, however, that Member hereby grants to mea platforms a worldwide, royalty-free, non-exclusive license to use (i) data generated as a result of Member’s use of the mea platforms Service solely for purposes of: (x) maintaining and improving the mea platforms Service and (y) providing Member with access to and information about customized features, new functionality, partner integrations, special product offers and promotions, and (ii) non-identifiable, anonymous, aggregated data regarding Member’s use of the mea platforms Service compiled by mea platforms solely for marketing purposes, research purposes, or data analysis.
As part of the mea platforms Service, mea platforms may allow a Member to post, upload, publish, submit or transmit Content to mea platforms, which shall include, among other things, the Documentation (“Member-Generated Content”). You are responsible for all Member-Generated Content you submit, upload, post or store through these areas of the mea platforms Service. You grant mea platforms our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide, license to use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works and authorize mea platforms to enforce any unauthorized use or reproduction of any Member-Generated Content provided through your use of the mea platforms Service. You are responsible for any lost or unrecoverable Member-Generated Content. You must provide all required and appropriate warnings, information and disclosures. mea platforms is not responsible for the Content or data you submit through the mea platforms Service.
You represent and warrant that: (i) you own or control all rights in and to the Member-Generated Content that you post and have the right to grant the license granted above to mea platforms and mea platforms’ affiliates and service providers, and each of their and mea platforms’ respective licensees, successors, and assigns; (ii) all of your Member-Generated Content does and will comply with these Terms of Service.
MEA PLATFORMS CONTENT
The term “Confidential Information” shall mean any and all of mea platforms’ trade secrets, confidential and proprietary information and all other information and data of mea platforms that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical, financial, strategic and other proprietary and confidential information relating to mea platforms’ business, operations and properties, including information about mea platforms’ users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation. You acknowledge that Confidential Information is a valuable, special and unique asset of mea platforms and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify mea platforms in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to mea platforms upon termination of these Terms of Service for any reason whatsoever.
mea platforms shall own and retain all right, title, and interest in and to the mea platforms Service (except for any licensed content and software components included therein). Member agrees not to reverse engineer, decompile, distribute, license, sell, transfer, disassemble, copy (including capturing screenshots), alter, modify, or create derivative works of the mea platforms Service or otherwise use the mea platforms Service in any way that violates the use restrictions contained in these Terms of Service. mea platforms does not grant to Member any license, express or implied, to the intellectual property of mea platforms or its licensors. Member further acknowledges and agrees that any information regarding the design, “look and feel”, specifications, components, functionality or operation and payment terms and pricing (if applicable) of the mea platforms Service is considered Confidential Information of mea platforms.
mea platforms’ graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of mea platforms. mea platforms’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without mea platforms’ prior written permission.
ACCEPTABLE USE POLICY AND CONTENT STANDARDS
As part of your use of the mea platforms Service, you agree not to do any of the following:
post, upload, publish, submit or transmit any Member Data or Member-Generated Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, indecent, abusive, hateful, inflammatory, vulgar, offensive or otherwise objectionable; (v) promotes sexually explicit or pornographic material, or discrimination, bigotry, racism, hatred, harassment or harm against any individual or group including but not limited to race, sex, religion, nationality, disability, sexual orientation, or age; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances or advocates, promotes or assists any unlawful act; (viii) causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person; (ix) is likely to deceive any person, or impersonate any person, or misrepresent your identity or affiliation with any person or organization; (v) involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; (vi) gives the impression that it emanates from or is endorsed by mea platforms or any other person or entity, if this is not the case; or (vii) is, in mea platforms’ sole discretion, objectionable or exposes Members to harm or liability;
use, display, screenshot, copy, upload, transmit, mirror or frame the mea platforms Service, or any individual element within the mea platforms Service, mea platforms’ name, any mea platforms trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without mea platforms’ express written consent;
access, tamper with, or use non-public areas of the mea platforms Service, mea platforms’ computer systems, or the technical delivery systems of mea platforms’ providers, or otherwise attempt to do any of the foregoing;
attempt to probe, scan, or test the vulnerability of any mea platforms system or network or breach any security or authentication measures;
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as of privacy and publicity) of any other use of the mea platforms Service or staff member of mea platforms;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by mea platforms or any of mea platforms’ providers or any other third party (including another user) to protect the mea platforms Service or Site Content;
attempt to access or search the mea platforms Service or Site Content or download Site Content from the mea platforms Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by mea platforms or other generally available third party web browsers;
send any unsolicited or unauthorized advertising, promotional materials, email, junk mail or junk messages, spam, chain letters or other form of solicitation (including sending invitations to use the mea platforms Service to the mobile numbers of people you do not know or from whom you have not received consent to such contact);
use or disclose any Confidential Information of mea platforms, except as otherwise explicitly set forth herein.
use any meta tags or other hidden text or metadata utilizing an mea platforms trademark, logo URL or product name without mea platforms’ express written consent;
use the mea platforms Service or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the mea platforms Service or Site Content;
interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, Trojan horses, worms, logic bombs, overloading, flooding, spamming, or mail-bombing the mea platforms Service or otherwise introduce other material that is malicious or technologically harmful;
collect or store any personally identifiable information from the mea platforms Service from other users of the mea platforms Service without their express written permission or as otherwise provided for in these Terms of Service;
impersonate or misrepresent your affiliation with any person or entity;
violate any applicable law or regulation;
if you are affiliated with a Corporate Member, use the mea platforms Service or Site Content in violation of such Corporate Member’s data retention or legal hold policies;
engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm mea platforms or Members, or expose them to liability; or
encourage or enable any other individual or entity to do any of the foregoing.
mea platforms reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. mea platforms may involve and cooperate with law enforcement authorities and other third parties as appropriate in prosecuting or taking other related legal actions regarding Members or other users who violate these Terms of Service or violate laws including intellectual property rights or violations of privacy rights.
You acknowledge that mea platforms has no obligation to monitor your access to or use of the mea platforms Service, or to review, edit, or delete any Member Data or Member-Generated Content, but it has the right to do so for the purpose of operating the mea platforms Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
You further acknowledge and agree that if mea platforms determines in its sole discretion that your use of the mea platforms Service is in violation of these Terms of Service, mea platforms may terminate your use of the mea platforms Service or restrict your access (temporarily or permanently) to certain features of the mea platforms Service. If you print, copy, modify, download, screenshot, post or otherwise use or provide any other person with access to any part of the mea platforms Service in breach of the Terms of Service, you must, at our option, return, takedown or destroy any copies, uploads, screenshots, posts, or other disclosures of the materials you have made. Any use of the mea platforms Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
DATA PROTECTION
In this section 11:
“Data Protection Legislation” shall mean any applicable law relating to the processing of Personal Data, including but not limited to the GDPR, the UK GDPR, and any national or international implementing laws, regulations and secondary legislation; “General Data Protection Regulation (GDPR)” shall mean the General Data Protection Regulation ((EU) 2016/679). Personal Data is subject to the legal safeguards specified in the GDPR;
“Personal Data”, “Controller”, “Processor”, “Data Subject” and “Processing” shall have the same meaning as in the Data Protection Legislation.
“UK GDPR” shall mean the retained EU law version of the GDPR. Personal Data is subject to the legal safeguards specified in the UK GDPR;
Both parties will comply with all applicable requirements of the Data Protection Legislation. This section 11 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation.
For the purposes of Data Protection Legislation, mea platforms shall process the Personal Data of the Member (or the Corporate Member as the case may be) as Processor on behalf of the Member (or the Corporate Member), who shall be the Controller of their Personal Data). Should this determination change, the parties shall use all reasonable endeavours to make any changes that are necessary to this section 11.
The Member (or the Corporate Member as the case may be) consents to, (and shall procure all required consents, from its personnel, representatives and agents as the case may be, in respect of) all actions taken by mea platforms in connection with the processing of the Member’s (or the Corporate Member’s) Personal Data.
Without prejudice to the generality of section 11.2 above, the Member (or the Corporate Member) will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of their Personal Data to mea platforms for the duration and purposes of these Terms of Service.
Without prejudice to the generality of section 11.2, mea platforms shall, in relation to the Personal Data of the Member (or the Corporate Member as the case may be):
process the Member’s (or the Corporate Member’s) Personal Data only on the documented instructions of the Member (or the Corporate Member), unless mea platforms is required by all applicable laws, statutes, regulation and codes from time to time in force (“Applicable Law”) to otherwise process the Personal Data of the Member (or the Corporate Member) (“Purpose”). Where mea platforms is relying on Applicable Laws as the basis for processing such Personal Data, mea platforms shall notify the Member (or the Corporate Member) of this before performing the processing, unless those Applicable Laws prohibit mea platforms from so notifying the Member (or the Corporate Member) on important grounds of public interest. mea platforms shall inform the Member (or the Corporate Member), if, in the opinion of mea platforms, the instructions of the Member (or the Corporate Member) infringe the Data Protection Legislation;
implement appropriate technical and organisational measures to protect against unauthorised or unlawful processing of the Personal Data of the Member (or the Corporate Member) and against accidental loss or destruction of, or damage to, the Personal Data of the Member (or the Corporate Member);
ensure that any personnel engaged and authorised by mea platforms to process the Personal Data of the Member (or the Corporate Member) have committed themselves to confidentiality or are under an appropriate statutory or common law obligation of confidentiality;
assist the Member (or the Corporate Member) insofar as this is possible (taking into account the nature of the processing and the information available to mea platforms), and at the Member’s (or the Corporate Member’s) cost and written request, in responding to any request from a data subject and in ensuring the Member’s (or the Corporate Member’s) compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
notify the Member (or the Corporate Member) without undue delay on becoming aware of a personal data breach involving the Personal Data of the Member (or the Corporate Member);
at the written direction of the Member (or the Corporate Member), delete or return the Personal Data of the Member (or the Corporate Member) and copies thereof to the Member (or the Corporate Member) on termination of the Agreement unless mea platforms is required by Applicable Laws to continue to process that the Personal Data of the Member (or the Corporate Member). For the purposes of this section 11.6.6, the Personal Data of the Member (or the Corporate Member) shall be considered deleted where it is put beyond further use by mea platforms; and
maintain records to demonstrate its compliance with this section 11.
The Member (or the Corporate Member as the case may be) provides its prior, general authorisation for mea platforms to:
appoint sub-processors to process the Personal Data of the Member (or the Corporate Member), provided that mea platforms ensures that the terms on which it appoints such processors comply with the Data Protection Legislation and remains responsible for the acts and omission of any such processor as if they were the acts and omissions of mea platforms; and transfer the Personal Data of the Member (or the Corporate Member) outside of the UK or EEA as required for the Purpose, provided that mea platforms shall ensure that all such transfers are effected in accordance with the Data Protection Legislation. For these purposes, the Member (or the Corporate Member) shall promptly comply with any reasonable request of mea platforms. mea platforms may, at any time on not less than thirty (30) days’ notice, revise this section 11 by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when replaced by attachment to these Terms of Service). These Terms of Service are drafted in accordance with the principles of UK GDPR, however, notwithstanding this, nothing in these Terms of Service is intended to override any consumer protection rights applicable in any geographical regions in which the Member is located (for example the California Consumer Privacy Act of 2018 (CCPA) in the United States of America), in accordance with which mea platforms shall continue to process the Member’s Personal Data.
LIABILITY MATTERS AND INDEMNIFICATION
PLEASE READ THIS SECTION CAREFULLY, SINCE IT LIMITS THE LIABILITY OF MEA PLATFORMS TO YOU. YOUR USE OF THE MEA PLATFORMS SERVICE IS AT YOUR OWN RISK.
Disclaimers
The mea platforms Service and site content are provided “as is,” without warranty of any kind, either express or implied. Without limiting the foregoing, mea platforms explicitly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade. mea platforms makes no warranty that the mea platforms Service or site content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. mea platforms makes no warranty regarding the quality of any products, mea platforms Service or site content purchased or obtained through the mea platforms Service or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the mea platforms Service. mea platforms does not warrant the results of use of the mea platforms Service, and users of the mea platforms Service assume all risk and responsibility with respect thereto. Users of the mea platforms Service should note that in using the mea platforms Service, sensitive information will travel through third-party infrastructures which are not under mea platforms’ control (such as third-party servers and the internet). mea platforms makes no warranty with respect to the security of such third-party infrastructures.
No advice or information, whether oral or written, obtained from mea platforms or through the mea platforms Service, will create any warranty not expressly made herein.
Third Party Disputes
mea platforms is not affiliated with any other Member, Corporate Member, Merchant, Client, third-party service provider affiliated with your Linked Financial Account, or other third-party service, and any dispute you have with any such third party arising from your use of the mea platforms Service, including, without limitation, your employer, is directly between you and such third party, and you irrevocably release mea platforms (and our directors, officers, subsidiaries, affiliates, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
mea platforms will not, and will not attempt, to reverse or otherwise recover any payment or transaction that is subject to a bona fide dispute.
Indemnity
You agree to defend, indemnify, and hold mea platforms, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the mea platforms Service, or your violation of these Terms of Service, including without limitation any breach of any representations or warranties herein, any infringement by you of mea platforms’ intellectual property rights, and any claim by a third party that the Member Data or the Member-Generated Content infringes such third party’s intellectual property rights.
mea platforms will defend, indemnify and hold you (and in the case of a Corporate Member, your directors, officers, employees and affiliates) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees), resulting from any claim, suit, action or proceeding alleging that the mea platforms Service or any portion thereof infringes any patent, copyright or other intellectual property, proprietary, or other right of any third party.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the mea platforms Service and site content remains with you. Except for the indemnity obligations set forth herein, under no circumstances, including, but not limited to, negligence, system failure or network outage, will either mea platforms or any other person or entity involved in creating, producing, or delivering the mea platforms Service or site content be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, mea platforms Service interruption, computer damage or system failure or the cost of substitute products or mea platforms Service, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms of Service or from the use of or inability to use the service or site content, or from any communications, interactions or meetings with other users of the mea platforms Service or other persons with whom you communicate or interact as a result of your use of the mea platforms Service, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not mea platforms has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for the indemnity obligations set forth herein, in no event will mea platforms’ aggregate liability arising out of or in connection with these Terms of Service or from the use of or inability to use the mea platforms Service or site content exceed the amounts you have paid to mea platforms for use of the mea platforms Service or content. The limitations of damages set forth above are fundamental elements of the basis of the bargain between mea platforms and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
GENERAL
Complaints. mea platforms will always endeavour to give you the best possible service. However, if at any point you become unhappy or concerned about the service we have provided, then you should inform us immediately so that we can do our best to resolve the problem (“Complaint”). You may submit a Complaint by emailing mea platforms at help@meaplatform.com, pursuant to which mea platforms shall take steps to fully investigate and attempt to resolve the Complaint.
Feedback. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the mea platforms Service (“Feedback”). You may submit Feedback by emailing mea platforms at hello@meaplatform.com or through the “Help” section of the mea platforms Service. You acknowledge and agree that all Feedback will be the sole and exclusive property of mea platforms and you hereby irrevocably assign to mea platforms and agree to irrevocably assign to mea platforms all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At mea platforms’ request and expense, you will execute documents and take such further acts as mea platforms may reasonably request to assist mea platforms to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Force majeure. mea platforms shall not have any liability if mea platforms are prevented or delayed in performing mea platforms’ obligations under these Terms of Service, or from carrying on any business, by any acts, events, omissions or accidence beyond mea platforms’ reasonable control including, without limitation, governmental action, fire, flood, insurrection, earthquake, epidemic or pandemic, power failure, riot, act of terrorism, war, explosion, embargo, strike, labour or material shortage, transportation interruption of any kind, work slowdown, failure of a utility service or telecommunications network or default of suppliers or sub-contractors.
Entire agreement. These Terms of Service, together with any webpages, documents or policies incorporated into these Terms of Service by reference, constitute the entire agreement and understanding between yourself and mea platforms relating to the matters contemplated by these Terms of Service and supersedes and extinguishes all previous agreements (if any and whether in writing or not) between yourself and mea platforms in relation to such matters. The parties acknowledge and agree that, except as otherwise expressly provided for in these Terms of Service, they are not entering into these Terms of Service on the basis of, and are not relying on and have not relied on, any statement, representation, warranty or other provision (in any case whether oral, written, expressed or implied) made, given, or agreed to by any person (whether a party to these Terms of Service or not) in relation to the subject matter of these Terms of Service, provided that nothing in these Terms of Service shall exclude any party from liability for fraud or fraudulent misrepresentation.
Revision to these Terms of Service. mea platforms reserve the right to revise these Terms of Service by updating them on the Site. You are advised to check the Site periodically for notices concerning such revisions. Your continued use of the mea platforms Services shall be deemed to constitute acceptance of any revised terms.
Assignment. You shall not assign, transfer, sub-contract any rights or obligations under these Terms of Service without the prior written consent of mea platforms (such consent not to be unreasonably withheld) and any unauthorised assignment shall be null and void. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of mea platforms’ rights or obligations under these Terms of Service. mea platforms shall remain liable for the performance of mea platforms’ subcontractors.
Notices. Notices to mea platforms must be sent to legal@meaplatform.com or to any other email address notified to you by mea platforms. We will send notices to you to the then current email address on your account.
Waiver. Except as otherwise provided in these Terms of Service, a waiver of any right or remedy under these Terms of Service s or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under these Terms of Service or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms of Service or by law shall prevent or restrict the further exercise of that or any other right or remedy.
Severability. If any provision or part-provision of these Terms of Service shall be held to be invalid, illegal, void or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of these Terms of Service.
No partnership or agency. Nothing in these Terms of Service is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
Third party rights. These Terms of Service do not confer any rights on any person or party (other than the parties to this Contract and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
Governing law. These Terms of Service and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Service or its subject matter or formation (including non-contractual disputes or claims).
