These terms of service (“Terms”) govern your access and use of all My Virtual Driveservices so please read them carefully before using the services.
By using the services you agree to be bound by these Terms in their entirety.
If you are using the services on behalf of an organization then you are agreeing to theseterms for that organization and are warranting that you have the authority to bind that organization to these terms. In that case “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with My Virtual Drive and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the
Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Your Files and Privacy
By using our Services you provide us with information, files, and folders that you submit to My Virtual Drive (together, “your files”). You retain full ownership to your files. We donâ€™t claim any ownership of any of it. These Terms do not grant us any rights to your files or
intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your files, for example,hosting your files, or sharing them at your discretion. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design
choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with
to provide the Services.
You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, itâ€™s your responsibility
to ensure that you have the rights or permission needed to comply with these Terms.
We may choose to review public content for compliance with our community guidelines,but you acknowledge that My Virtual Drive has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or
legality of files, user posts, or any other information you may be able to access using the Services.
The Services provide features that allow you to share your files with others or to make it public. There are many things that users may do with your files (for example, copy it,modify it, re-share it). Please consider carefully what you choose to share or make public.
My Virtual Drive has no responsibility for that activity.
We may revise these Terms from time to time and the most current version will always be posted on our website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Software and Updates
Some of our Services require you to download a client software package (“Software”). My Virtual Drive hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is
automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so,
nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available. Your acceptance of such updates is required under the Terms.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should
immediately notify My Virtual Drive of any unauthorized use of your account.
Your General Responsibilities
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not My Virtual Drive, will be fully responsible and liable for what you copy,share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.You, and not My Virtual Drive, are responsible for maintaining and protecting all of your files. My Virtual Drive will not be liable for any loss or corruption of your files, or for any
costs or expenses associated with backing up or restoring any of your files.If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.
Limitation of Liability
THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK,WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. My Virtual Drive will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL My Virtual Drive,ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT My Virtual Drive HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF Â£20 OR THE
AMOUNTS PAID BY YOU TO My Virtual Drive FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.
You can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the
Services in any way that would cause us legal liability or disrupt othersâ€™ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. If we terminate your service for breach of these terms no refund of any fees paid to My Virtual Drive relating to your service will be offered. If we terminate your service for any other reason than breach of these terms, or at our sole discretion,
then we may refund unused portion of fees paid for the Services on a pro-rate basis.
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY UNITED KINGDOM LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE COURTS OF LONDON, UK AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and My Virtual Drive with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. My Virtual Driveâ€™s failure to enforce a
provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of
your rights in these Terms, and any such attempt is void, but My Virtual Drive may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. My Virtual Drive and you are not legal partners or
agents; instead, our relationship is that of independent contractors.
Free Trial Period
Where services are offered on a free trial basis, payment will be taken for the first month,quarter or year when you enter your billing details during the free trial period.
The renewal date for the contract shall be deemed to be one month, quarter or year following the end of the free trial period.
If you wish to cancel your contract during the free trial period you may do so by informing us in writing before the end of the free trial period, and before you have made payment.
If you do not cancel your service prior to the end of the free trial period the fees for the first month, quarter or year of your service will become due.
Money Back Guarantee
Some services are advertised as including a money back guarantee. To receive a refund under the guarantee you must inform us in writing before the end of the advertised money back guarantee period.
If you do not claim a refund of fees during this period then no refund will be due.
Money back guarantee is not available in combination with a free trial. If you pay for our services during or at the end of a free trial period then no money back guarantee will be available.
All charges payable by you for the My Virtual Drive Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site, errors and omissions excepted, and shall be due and payable in advance of provision of the My Virtual Drive Services.
80% of the first year’s fees charged for any My Virtual Drive service relate to the initial setup of your account, provisioning of computer hardware, support and service activation.
You agree that, except where otherwise specified in these terms, these fees are not refundable on any basis.
We reserve the right to alter pricing, including ceasing to offer elements of the My Virtual Drive Services. My Virtual Drive will inform you by email if the charge for a service is to be
altered. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification.
All fees for our services are due in advance and your contract will automatically renew on its anniversary month, quarter or year, at which point fees for the following month, quarter or year become payable. If you choose to pay by credit or debit card then you authorise My Virtual Drive to debit your account renewal fees from your card. If you wish to cancel your contract with My Virtual Drive, you must do so in writing before the renewal of yourcontract.
All fees paid to us are non refundable except in circumstances set out in these Terms.
You agree not to issue a chargeback via your bank in relation to any fees charged by us. If you do so you accept that you will be liable for our costs in dealing with the chargeback and recovering any fees properly due to us under the Terms.
Please be aware that we may use any feedback, comments, or suggestions that you send us or post in our forums without any obligation to you.
The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries.
These Terms do not grant you any rights to use the My Virtual Drive trademarks, logos,domain names, or other brand features.
Additional Terms applicable to use of My Virtual Drive Backup
Some services, including the My Virtual Drive Backup and My Virtual Drive Pro Suite package are sold on a per-computer basis and include unlimited data backup for that computer. You are only permitted to backup data stored on a) internal hard drives of that computer, b) externally connected drives, such as USB drives, connected to that computer or c) NAS storage devices attached to that computer. Backing up of NAS storage devices may incur an extra charge on some packages.
There is a limit of 2TB for any single external drive including NAS devices and USB drives.
With the exception of our business service, services that include My Virtual Drive Backup are not to be used for archiving. You must at all times hold an original copy of the data in the original location on the system it was backed up from. If you delete files from your computer that have been backed up we will remove the corresponding backup from our servers.
You must at all times run the My Virtual Drive software on any computer that is being backed up and you must ensure this computer connects to the Internet at least once every 30 days. My Virtual Drive will remove backups for computers that have not connected to
the service for 30 days.
If you wish to restore data backed up onto our servers we may require up to 72 hours notice. Whilst ordinarily we would expect your data to be available for restore immediately,we reserve the right to archive data in facilities where it may not be available for immediate
Terms applicable to Resellers
The following terms apply to use of the My Virtual Drive Reseller package available on our website. These terms may not apply to you if you have a agreed specific Terms with My Virtual Drive:
â€¢ You agree to act as a positive ambassador for the My Virtual Drive brand at all times.
â€¢ You must provide an appropriate level of support to your customers by telephone or e-mail. You must not ask your customers to contact My Virtual Drive at any time. My Virtual Drive will not offer support or service to your customers.
â€¢ Where you advertise services that include My Virtual Drive services you must at all times deliver the service that has been described to a standard acceptable to My Virtual Drive
â€¢ You are not permitted to use any My Virtual Drive property including logos, icons,designs and text without our written authorization.
â€¢ You may not distribute any aspect of the My Virtual Drive service free of charge. If you bundle the My Virtual Drive services with another service this service must not be distributed free of charge.
â€¢ You are responsible for ensuring that your customers use the services in accordance with applicable terms within these Terms. We will hold you liable for any breach of our terms by your customers.
â€¢ My Virtual Drive has no contract whatsoever with your customers and will not attempt to contact your customers at any time except where stated in these Terms.
â€¢ If you fail to pay fees due to My Virtual Drive or fail to comply with these Terms then My Virtual Drive reserves the right to suspend or terminate services to your customers and, at our discretion, to contact your customers to inform them that this has occurred and to offer them alternative services.
â€¢ You may not bid on My Virtual Drive brand keywords in Adwords and other Pay-Per-Click advertising. These include keywords such as “My Virtual Drive”, “livedrive”,”My Virtual Drive.com” or any other variation or misspelling of “My Virtual Drive” including bidding on â€œMy Virtual Driveâ€ with other keywords.
â€¢ You may not claim to be My Virtual Drive or to represent My Virtual Drive on your website or in any form of media or social media. You must make it clear if you are going to mention My Virtual Drive that you are a reseller of My Virtual Drive and are not part of the My Virtual Drive organisation. You may also not use the name My
Virtual Drive in your domain for any website you own or control or use the name My Virtual Drive or any variation as your name in any social media that you use.
You agree not to misuse the My Virtual Drive services. For example, you must not, and must not attempt to, use the services to do the following things.
1. Probe, scan, or test the vulnerability of any system or network;
2. Breach or otherwise circumvent any security or authentication measures;
3. Access, tamper with, or use non-public areas of the Service, shared areas of the Service which you have not been invited to, My Virtual Drive (or our service providersâ€™) computer systems;
4. Interfere with or disrupt any user, host, or network, for example by sending a virus,overloading, flooding, spamming, or mail-bombing any part of the Services;
5. Plant malware or otherwise use the Services to distribute malware;
6. Access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
7. Send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
8. Publish anything that is fraudulent, misleading, or infringes another’s rights;promote or advertise products or services other than your own without appropriate authorization;
9. Impersonate or misrepresent your affiliation with any person or entity;
10. Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
11. Violate the law in any way, or violate the privacy of others, or defame others.
E-commerce Terms and Conditions of Sale
There are a few rules that our visitors must follow when using our Website, so we ask all our visitors to read our Terms and Conditions carefully.This Website is brought to you by My Virtual Drive, a Trade Name of SAZMAND Group Limited (â€œMy Virtual Driveâ€, or â€œweâ€ or â€œusâ€) and all rights, including copyright and Trademarks, in the content of the Website is owned or controlled by My Virtual Drive.
My Virtual Drive and its affiliates provide access to the Website and sells its services /products to you subject to the Terms and Conditions set out on this page.
Terms and Conditions of Sale
Please carefully read these Terms and Conditions before purchasing any My Virtual Drive services on the Website. By purchasing My Virtual Drive products on the Website, you agree to be bound by these Terms and Conditions.
1. Your Account
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account.
You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when you registered.
The Website only sells products to individuals who can purchase with a credit card/debit card. If you are under sixteen (16), you may use the Website only with the express permission and supervision of a parent or guardian.
My Virtual Drive reserves the right to refuse access to the Website, terminate accounts,remove or edit content, or cancel orders at its discretion. If we cancel an order, it will be without charge to you.
3. Our Contract
When you place an order to purchase a product from the Website, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send an
email to you confirming that we have accepted the order (the â€˜Order Confirmation Emailâ€™).
Such acceptance will be complete at the time we send the Order Confirmation Email to you. You are seeking to enter into a contract with My Virtual Drive when you place an order.
This contract is legally binding when you have placed an order, your order has been accepted by us and we have sent you the Confirmation Email.
My Virtual Drive will retain the title in the products until full payment has been made by you and has been received by My Virtual Drive .
We will endeavour to electronically deliver all Services you have ordered within the time period specified on your Order Confirmation Email.
You can only cancel My Virtual Drive Services that have been purchased directly through this Website during the first 30 days after having paid for these services. My Virtual Drive services purchased from other websites must be cancelled by contacting the site from which they were purchased.
If for any reason you are not happy with your My Virtual Drive services, please contact us on firstname.lastname@example.org , so that we can assist you in the refund of your order. My Virtual Drive reserves the right to reject the refund of services that are not
cancelled in accordance with our Cancellation Procedure. Our refunds policy does not affect your statutory rights.
A. Statutory Right to Cancel
If you are a UK or EU customer, in addition to our Cancellation Policy, under the Distance Selling Regulations you also have seven (7) working days (beginning the day after receipt of the username and password to use our services) to cancel your
B. These legal rights do not apply to non-EU customers
How do I exercise my statutory right to cancel?
In order to exercise your right to cancel , please:
a) send an email to email@example.com or
b) write to us at our address at the end of these terms;
making it clear in your correspondence that you are giving notice to exercise your statutory right to cancel.
Your email or letter will be deemed to have been received by us on the date you send it (provided it is sent to the correct address and it is sufficiently clear that you are exercising your right to cancel). Please try and keep the confirmation of any letter or email to demonstrate the date when you sent it.
6. Feedback and Complaints Policy
We welcome any comments about our service, so that we can improve what we are doing.
Our aim is to deal with any problems quickly and fairly. If you have reason to complain about our service, please e-mail our Customer Services Team stating clearly that you are making a complaint. Our aim is to respond to your complaint within seven (7) working
days, either resolving the complaint, or with a timescale for resolution.
7. Pricing and availability
All prices displayed on the Website are inclusive of any applicable taxes and show the correct price for your territory.
8. Disclaimer and limitation of liability
This Website is provided by My Virtual Drive on an â€œas isâ€ and â€œas availableâ€ basis. My Virtual Drive makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.
My Virtual Drive disclaims all warranties, express or implied, including, but not limited to,implied warranties of saleability and fitness for purpose to the fullest extent permissible by applicable law. My Virtual Drive does not warrant that this Website, its servers, or email by us are free of viruses or other harmful components. My Virtual Drive will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
9. Electronic communications
When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from us
electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website may be submitted to the courts of England and Wales, except that, to the extent you have in any manner violated or threatened to violate My Virtual Driveâ€™s
intellectual property rights, My Virtual Drive may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts.
11. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our Website, policies, and these Terms and Conditions of Sale at any time. Your usage of the Website and your orders will be subject to the policies and Terms and Conditions of Sale in force at the time that you use the Website or that you order products from us, unless any change to those policies
or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these Terms and Conditions of Sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity
and enforceability of the remaining conditions.
12. Events beyond our reasonable control
My Virtual Drive will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
14. Governing law and jurisdiction
Your use of the Website, any purchase by you on the Website of any products and these conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England. You agree, as we do, to submit to
the non-exclusive jurisdiction of the English courts.
Your statutory rights are not affected by these Terms and Conditions of Sale.
15. Our details
MyVirtualDrive.com is owned by SAZMAND Group Limited, registered office 3rd Floor, 207 Regent Street, London, W1B 3HH, United Kingdom. Registered in England. For any queries, please write to us at the above address or contact us on firstname.lastname@example.org