Terms of Service
govern the basis on which you agree to use www.lifeincache.com
and that on which we supply our services to you (the “Services”).
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Services to you, how you and we may change or end the contract as well as what to do if there is a problem and other important information.
Please check these Terms every time you use the Site and regularly after you have registered for the Services as they are subject to change without prior notice and you will need to ensure that your use of the Site and the Services does not cause a breach of these Terms.
- Information about us
- Who we are. We are Life in Cache Limited, a company registered in England and Wales (“we”, “us”, “our”). Our company registration number is 10999009 and our registered office is at Kemp House, 160 City Road, London EC1V2NX, United Kingdom. Our registered VAT number is 279 2775 48.
- How to contact us. You can contact us by writing to us at [email protected]
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- Information about you
- Eligibility. By signing up for the Services, you confirm and warrant that you are more than 16 years of age. You may be opening an account on behalf of a person under 16 years of age, but you should be aware that the Terms will apply to you as the user and owner of the account
- Your details. Any usernames or passwords you create for use on the Site, you must ensure that this information is kept confidential and you do not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]. We also suggest you change your password without delay. Login to your account, go to your account setting at the top right of the website under you name, click change password and follow the prompts.
- Our Site
- Changes and updates. We may update and change the Site from time to time, for example, to reflect changes to our Services, our users’ needs and our business priorities. Whilst we will try to give you reasonable notice of any major changes, some of these may occur without notice
- Intellectual Property. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved
- Reliance on information. The content on our Site is provided for general information only. It is not intended to be advice on which you should rely. You must obtain legal or other professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on our Site
- No representation. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date
- Protection from virus. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software
- Misuse. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site 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 our Site will cease immediately
- Reproduction. You agree not to:
- reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of these Terms;
- access without authority, interfere with, damage or disrupt any part of our Site, any equipment or network on which our Site is stored, any software used in the provision of our Site or any equipment or network or software owned or used by any third party.
- Links to our Site. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in these Terms.
- Registration and our contract with you
- How we will accept your registration. Our acceptance of your registration will occur when you receive an email from us confirming your account is active. At this point, a contract will come into existence between you and us
- If we cannot accept your registration. If we are unable to accept your registration, we will inform you of this and will not charge you for the Services. This might be because the relevant service or the Site is unavailable or there is an issue with the way in which you have set up your account
- Your agreement. By setting up an account and registering to use the Services, you agree to use them solely either as an individual, or on behalf of someone else (a “Beneficiary”). You agree and warrant that you will not access another user’s account without their express authorisation
- Deleting your account. You can delete your account at any time by logging into your account, go to your account setting at the top right of the website under you name, click edit, delete account, and follow the prompts. Alternatively, you can email us at [email protected]to assist you with this
- Consumer use only. Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you wish to become a reseller you will need to contact our business partner team on [email protected]
- Content on our Site
- Prohibited uses. The Site allows you to upload and manage content to it. In doing so, you agree that you will not upload any content which:
- breaches any applicable law, national or international law or regulation;
- is unlawful or fraudulent or has any unlawful or fraudulent purpose;
- as far as you are aware, contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- Other users’ materials. This website includes information and materials uploaded by other users of the Site. This information and these materials have not been verified or approved by us
- Your content. You are responsible for all content that you create, upload, submit, distribute or post as part of the Services. This includes your account information: your email address which you provide when registering with us, your private information: the details that you upload onto the Site as part of the Services and any other information you may provide to us or upload onto the Site. All your information is encrypted to the highest level using the latest technology and cannot be seen by anyone including Life in Cache employees
- Your account information. By creating an account with us, you grant to us a perpetual, worldwide, royalty-free, transferable licence to use your account information but only as we deem reasonably necessary for the purpose of operating and managing the Site, providing the Services to you and administering your account. This might include the use of your account information after you have deleted your account. Please be aware that the grant of this licence does not affect your rights to this or any other information. You warrant to us that you own the information and have the right to use it in connection with the Services and to grant us a licence in this way without breaching any applicable laws or any rights which any third parties may have in this information. This is particularly relevant where you may be setting up an account on behalf of a Beneficiary
- Security of your information
- Keeping your information secure. We take the protection of your account information and private information very seriously. We make every effort to ensure that all information you record on or upload to the Site is kept secure and cannot be accessed by any unauthorised third party. We employ the highest available safeguards and encryptions to ensure the protection of this information. However, as you will understand, no security measures can guarantee the security of any information on our Site, including your private information. We shall not be responsible or liable for any breach, leak, failure to protect, theft, deletion, corruption, destruction, damage, or loss or other unauthorised access of your account information or your private information.
- Your account. You are responsible for keeping your account details secure. You should not share your user name, password or any of your other account details with any other person or entity. You agree that you will let us know in the event of any unauthorised access by a third party or any breach of security that you become aware of. Remember you can change access rights in your Trustee and Account Managers settings at any time.
- Authorised access. As part of your account, you can choose to give trustees or professional advisers access to certain parts of your information including your private information for the purpose of administering your information. You should ensure that these parties are made aware of the importance of keeping your information private and secure and advise them that they should not share this information with any other person or persons without your express consent to do so. We will not be liable for any breach of your privacy or security by any person who has been given access to your account, including the sharing, use or appropriation of your private information.
- Trustees and advisers. If you have been given access to an account as a trustee or an adviser, you agree that you will treat as private and secure all information which is shared with you through the Site. If you breach any terms of confidentiality or any of these Terms, you may be liable to legal proceedings and may be subject to a court order, required to pay damages or become a party in criminal proceedings against you.
- Downloading your information. As part of your account administration, you have the option to download some or all of your private information from the Site. You should be aware that, once any such information is downloaded, it will no longer be protected by the measures we have put in place to safeguard that information. You will then become solely responsible for the protection of that information and for ensuring there is no unauthorised access.
- Intellectual property and ownership
- All of the information on the Site, other than your account information and private information, the “Site Information”) belongs to us or our suppliers or affiliates. In some cases, this may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You agree that you will observe and act in accordance with these rights and that your use of the Site, or of any of the Site Information will not breach any of these rights. You may be liable to us for any breach of these rights. Subject to these Terms, we grant you a worldwide, non-exclusive, and non-transferable license to use the Site Information solely for purposes of using the Services. You are not permitted to, and are expressly prohibited from using, reproducing, modifying, distributing or storing any of the Site Information other than for the purpose of using the Services. You are not permitted to sell, license, rent, or otherwise use or exploit any of the Site Information for commercial use or in any way that violates any third party rights.
- Our rights to make changes
- Minor changes to the Services. We may change the nature or any specific elements of the Services to:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a security threat.We do not consider it likely that these changes will affect your use of the Services but we will try to give you reasonable notice if we consider it reasonably likely that they will.
- More significant changes to the Services and these terms. In addition, we may make more significant changes to Services or the basis on which they are provided, but if we do so we will give you reasonable notice of any such changes either before or after they have taken effect as well as telling you how they might impact your use of the Services or the terms on which you have agreed to use them.
- Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you agreed to use it.
- Payment Terms
- Your use of the Services is subject to payment of the fees due to us in connection with provision of these Services (the “Fees”). We accept credit card payments administered by Stripe our chosen payment gateway partner. The processing of payments received is subject to terms published by Stripe and available at https://stripe.com/us/legal/. By registering to use the Services, you agree that we may take payments through Stripe for all fees at the prices we have advised you for the use of these Services and you give us permission to charge your credit card through Stripe. We are not responsible for any failure, errors or unavailability of these or other third party payment services which you may experience however we will do our best to help you to resolve any issues you may have with this.
- We will bill you via the payment method, provided by Stripe our chosen payment gateway partner, for the Fees and you agree to pay these Fees in return for use of the Services. Where payment for the Services takes the form of a recurring subscription payment, which in this case is auto renewed annually, you agree that we may charge you via our selected payment method without further authorization from you until such time as you notify us that you no longer wish to have access to the Services. Please note that any requests to amend your billing details may not take effect immediately and, to the extent we can reasonably foresee this, we will give you notice of the time it will take for any changes to take effect. You will be responsible for any payments due up until the time any requested changes take effect.
- Credit card payments. Where you choose to make payments by credit card, you are responsible for keeping any information with respect to that credit card current, complete and updated on the Site. If your credit card expires, we may attempt to contact you to update your payment information using the email address you provided us with when registering your account. You agree to tell us and your credit card company as soon as you become aware if your credit card is cancelled or lost or stolen or if you become aware of potential breach of security. If any fee is not paid in a timely manner or Stripe is unable to take payment as a result of any such issues with your credit card, we reserve the right to suspend or terminate your access to the Services.
- Fees. All of the Fees are non-refundable unless we have made an error in providing the services in which case you may be entitled to a refund in accordance with Clause 12.3. We reserve the right to change any of the Fees or any other charges in connection with the Services from time to time but we will give you notice within a reasonable time of any of these changes which may affect you. The first payment of the Fees will be taken at the end of your free trial period. All subsequent Fees will be collected on the date we specify which will usually be the anniversary of the date on which you first register to you use the Services. If you fail to ensure payment of any of the Fees within 60 days of the due date i.e. as a result of the payment information in relation to your account not being up to date or being unavailable, the information on your account, including your private information, may be deleted. Following any such deletion, it will not be possible to retrieve any of the information, even if you make payment after that time
- Your rights to end the contract
- You can always end your contract with us. Your rights when you end the contract will depend on the Services you have used and whether you have paid for them.
- If there are any issues with the Services or your ability to use them, you may have a legal right to end the contract (or to ask that the Services are amended or re-performed or to get some or all of your money back);
- If you want to end the contract because of something we have done or have told you we are going to do, see Clause 11.2;
- If you have just changed your mind about the Services, see Clause 11.3;
- If there is no fault and you have no right to cancel the Services, see Clause 11.4;
- Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any Services which you have not used and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the Services or these terms which you do not agree to (see clause 9.2);
- we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
- (a) we have suspended the Services for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 60 days; or
- you have a legal right to end the contract because of something we have done wrong
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights exist under the Consumer Contracts Regulations 2013 and are explained in more detail in these terms. When you sign up to the Services you will receive a 30-day initial free trial period which includes the 14 day cooling off period. If you change your mind at any point prior to the expiry of the 30 day free trial period, you can cancel the Services and you will not be charged
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 11.1), you can still end the contract before it is completed. The contract for the Services is completed upon the Services being provided and when you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will end upon the completion of any specified period for which you have paid the Fees for the Services. For example, if you have paid for the Services for 1 calendar year, the contract will end upon the day before the anniversary of the date on which you received the Services. Provided we receive your notice to cancel prior to the payment of any subscription fee for the next period, you will not be charged any subsequent fees. Our service is supplied on an auto renew basis charged annually
- How to end the contract with us (including if you have changed your mind)
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Email. Email us at [email protected]. Please provide your name, details of the order, where available, and email address.
- Online. Delete account. Login to your account, go to your account setting at the top right of the website under you name, click edit, delete account, and follow the prompts.
- How we will refund you. If you are due a refund for any of the Services you have paid for in accordance with these Terms, we will refund you the price you paid for the Services, by the method you used for payment
- When your refund will be made. If there has been an issue with the way in which we have provided the Services, you may be entitled to a refund of all or part of the fee you have paid. We will make any refunds due to you within 21 days of receipt of an email from us confirming that you will be refunded as well as the amount we intend to refund to you
- Our rights to end the contract
- We may end the contract if you break it. We may end the contract for the Services at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; after which you service will go into a read only mode unless you make a payment. The service remains as read only for a 60-day period after which time your account is archived. There is a fee associated to retrieving your account from archive
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1 we will not refund any money you have paid in advance for the Services where such payment was in respect of a specified period as set out in Clause 11.4 above
- How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can write to us at [email protected]
- Summary of your legal rights. We are under a legal duty to supply Services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Services. 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. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk
or call 03454 04 05 06
If your product is digital content, for a subscription to digital platform, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
- if your digital content is faulty, you’re entitled to a repair or a replacement.
- if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
- if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
See also clause 11.3.
If your product is services, the Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
- if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
- if you haven’t 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).
- Our responsibility for loss or damage suffered by you
- Where we are not responsible. The services provided by Life in Cache are not intended to represent financial advice, banking services or any guarantee with respect to the information you provide. You should ensure that you take proper professional advice if you have any concerns with respect to the services we provide or the information you provide to us. Life in Cache shall not be responsible for any loss you may suffer where such loss occurs in connection with your use of our services except where that loss occurs because of an error we have made.
- We are responsible to you for foreseeable loss and damage caused by us. 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 or has been specifically excluded under this contract. 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, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Service as summarised at clause 13.4.
- Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for Services not provided.
- You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may transfer your rights or your obligations under these terms to another person if you have set up an account on behalf of a minor. The account will be transferred to the intended account holder on the date you specify. In all other cases, you may only transfer your rights and obligations under these terms to another person if we agree to this in writing. We may not agree if we consider there to be a reasonable and legitimate business reason for doing so.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. 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.
- Even if we delay in enforcing this contract, we can still enforce it later. 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 Services, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
Updated December 2017