TERMS OF USE

 

TERMS OF USE Of our WEBSiTE

This website is owned and operated by MY ASSISTANT SECRETARIAL SERVICES (PAKH) LTD (hereinafter “MyAssistant”) registered in the Republic of Cyprus, with company registration number, HE323517 and registered office at Kodrou 6A, 2028, Strovolos, Nicosia, Cyprus.

 

These Terms of use which also include the provisions of the Privacy Policy and Cookies Policy, set out the terms and conditions for your use of Services (“Terms” or “Terms of Use”) offered by MY ASSISTANT SECRETARIAL SERVICES (PAKH) LTD. By using this Website or any of our services, you impliedly acknowledge that you have read and understood these Terms, and that you have agreed to these Terms on behalf of any person or entity for whom you are using the services. If you do not agree to any of these Terms, then you should not use the services. The use of this website is subject to the terms of use hereunder. You are prompted and are responsible of reading these terms of use before using our website. If you use this website, you irrevocably accept these terms of use and you shall be bound by their provisions.

 

All rights not expressly granted in these Terms are reserved by our Company. We may change these Terms from time to time by posting updates to the Website. You are advised to check the Terms from time to time for any updates or changes that may impact you and if you do not accept such amendments, you must cease using the Services.

 

Our Terms of Use may be amended from time to time to comply with the laws of the Republic of Cyprus. You should revisit our Terms of Use periodically to check for any amendments. These terms were lastly updated on 31/1/2021.

 

DISCLAIMER

The materials contained in this web site are provided for general information purposes only and do not constitute legal or other professional advice. Neither MyAssistant nor any of its partners or employees accept any responsibility for any loss (however arising, whether in tort, including negligence, contract or otherwise), which may arise to you or to any third party from reliance on information contained in this site.

 

While we will try to ensure the accuracy of the content of this website, we make no representations or warranties of any kind with respect to this website or its content, including, without limitation, no representations as to its quality, suitability for any purpose or accuracy.

 

While we will use reasonable efforts to ensure that use of this website will be safe, we cannot guarantee that our website will be secure or free from errors, viruses or other harmful software. You are solely responsible to take the measures necessary to protect and secure your systems.

 

ACCOUNT INFORMATION

To lawfully use our Website and provided services, you must be of legal age at your country of residence. You agree to provide true, accurate, current, and complete account information, and to maintain and promptly update your account information to ensure that it remains true, accurate, current, and complete. We will use that information to contact you from time to time, so it is important that you keep all of your contact details, and those of your Authorised Users, up to date.

 

USE OF YOUR ACCOUNT

MyAssistant grants you a limited, non-exclusive, non-transferable, revocable licence to use the services for the purposes of the your business and in accordance with these Terms. You are responsible for any conduct or activity undertaken in your account, including any changes made, and the input or modification of or access to any data or information in your account, by any of your Authorised Users. You control each Authorised User’s level of access to the Services at all times and can revoke or change an Authorised User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Authorised User or shall have that different level of access, as the case may be.

If: (a) you are an Authorised User using or accessing the Services for the benefit of an Client, then you are responsible for ensuring you have the right to do so from the relevant Client (including all necessary authorisations to access, amend or remove data, or make changes to the Client’s account); or (b) you are a Client, then you are responsible for authorising use or access of the Services by any Authorised User and will indemnify MyAssistant against any claims or loss relating to any Authorised User’s use of or access to your account.

 

You acknowledge and agree that, if there is any dispute between a Client and an Authorised User regarding access to Services, the Client shall decide what access or level of access to the relevant Data or Services that Authorized User shall have, if any. We will have no responsibility to anyone other than the Client, and the Services and these Terms are intended solely for the benefit of the Client and not for any Authorised User(s).

 

CANCELLATION OF ACCOUNTS

We can cancel or suspend your account at any time on written notice to you. Such termination will be effective at the end of your then-current paid-up subscription period. We may also cancel or suspend your account immediately if, in our sole discretion:

  • you have committed a material or persistent breach of these Terms or any other terms applying to your use of the services;
  • we consider that provision of the Services, or use of them, in your territory or jurisdiction will or is likely to breach any applicable law;
  • we decide to withdraw the Services from your territory or jurisdiction altogether; or
  • you fail to comply with any limits or restrictions (e.g, on the number of users, stores or transactions) applicable to your plan;
  • your use of the account is creating a security or availability risk for MyAssistant or our other Clients, is impacting (or may impact) the stability or performance of our systems, or is requiring disproportionate resource to deliver (eg, in terms of storage or processing requirements, support requests or helpdesk queries).

 

You are entitled to cancel your account with MyAssistant at any time. You can request to cancel your account by sending an email to [email protected]. If you cancel your account before the end of your current paid up month or year, your cancellation will take effect immediately and you will not be entitled to any refund of Fees paid in advance (unless we agree otherwise). If your account is cancelled, your account will be deactivated and all of your rights granted under these Terms will immediately come to an end (except to the extent that it is necessary for them to continue in respect of our ongoing storage of your data up to the date of permanent deletion). We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is exported, backed-up or replicated before cancellation.

 

FEES AND TAXES

The fees charged for use of the Services are set out on the Website (or as notified to you in the case of some exclusive plans) (“Fees”) and are subject to change. We can change the Fees, and/or introduce new pricing packages and terms, at any time by giving you 14 days’ prior notice. The new Fees or pricing/package terms will apply to you from expiry of that notice, unless you choose to cancel subscription before the changes take effect. Also, the new Fees will apply to you immediately if you choose to change your plan/package (or if you reactivate your plan after cancellation). Fees are charged in advance on a monthly or annual basis and are non-refundable, including if you only use part of a month or year’s subscription for the Services. Unless required by law, we will not provide refunds in connection with the Services. A valid credit card number or Bank Account is required for paying all Fees.

If you are carrying out a free trial of the Services, the free trial will begin on the day that you subscribe for an optional add-on and end of the published trial period. If you wish to continue to use the Services at the end of the free trial period, you will need to provide valid credit card details (unless you choose to use any free Services). All Fees are exclusive of all taxes and you are responsible for any taxes that may arise. You indemnify and hold MyAssistant harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest. If you are required to withhold or deduct tax from the Fees, you will pay MyAssistant such additional amounts as are necessary to ensure receipt of the full amount which would have been received but for the deduction.

 

By subscribing to optional add-ons, you agree and authorize us to automatically charge the payment method provided at the start of each billing period (monthly or annually) until you cancel the subscription. Payment of your Fees could incur additional bank fees at the discretion of your bank. Bank fees may be charged for currency conversion and international settlement; and your charge may still be subject to additional fees even if you are being charged by MyAssistant in your local currency. If your credit card statement charge differs from your invoice, please contact your bank in the first instance. MyAssistant is not liable for any additional bank transaction fees that may be charged.

 

UPGRADE OR DOWNGRADE OF YOUR ACCOUNT

You may upgrade or downgrade your account and/or you monthly subscription at any time by when you are logged into your account. The upgrade or downgrade will become effective once approved by our team. If you downgrade your account, no refunds will be paid in respect of any unused portion of any higher account offering. If you upgrade your account, the balance already paid for the rest of the term will be credited to your account. We will then immediately charge your credit card for any net amount due as a result of the upgrade and your account renewal date will be reset to the next available billing day.

 

Downgrading your account may cause the loss of content, features, or capacity of your account. If you choose to downgrade your account, MyAssistant does not accept any liability for the resulting loss of data, content, features or capacity.

 

PLAN LIMITS AND REASONABLE USE

The Services are available in a range of packages/plans, giving you options including in relation to the number of calls you request, and employees you have, and the features and services you have access to, and the fees you pay, as described on our Website from time to time (or as notified to you, in the case of some exclusive plans). We may update those plan limits at any time (eg, by increasing, reducing or removing limits) by updating the plan descriptions on our Website (or as notified to you, in the case of some exclusive plans). You’ll be expected to comply with the updated plan limits from the next time you use the Services. You agree that we may use information generated by your use of the Services (eg, transaction volume and revenue) for the purposes of determining the most appropriate plan and pricing for you.

 

We may ask you to upgrade your account to a new plan if you exceed the limits that apply to your plan at any time. We also reserve the right to suspend or restrict your account or your use of the Service, where we believe that your use isn’t fair or reasonable or that it may cause degradation of the Services to other users. This includes circumstances where your use is creating a security or availability risk for MyAssistant or our other Clients, is impacting (or may impact) the stability or performance of our systems, or is requiring disproportionate resource to deliver (eg, in terms of storage or processing requirements, support requests or helpdesk queries).

 

COPYRIGHT & INTELLECTUAL PROPERTY

Our Company, MY ASSISTANT SECRETARIAL SERVICES (PAKH) LTD, expressly reserves all rights in and to the www.myassistant.com.cy domain name and all related domains and sub-domains, the name “MyAssistant”, our logo, the graphic designs on our website and other trademarks.

 

Copyright in some of the publications, documents, material and other content (‘Content’) available on this website belongs to third parties and has been produced on this website with the permission of the third-party copyright owners. Please check the copyright notices of those third parties.

 

Except for copyright belonging to third parties and unless otherwise stated, copyright in the pages of this website and all other content and/or material available through it belongs to MyAssistant and/or its creators and/or its affiliates. You acknowledge and agree that MyAssistant may offer Content that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws governing such legal relations.  Except as expressly provided by the Terms and Conditions, you agree not to use such Content in bad faith, in whole or in part, including but not limited to because such use would be in direct violation of copyright rights and interests, and the rights and interests of other Clients.

 

Any use of Services, except as specifically stated in these Terms of Use, is prohibited. Technology and computer software, applications, content, design, images and the like underlying or relating to Services, are protected by copyright and other laws. You agree not to carry out the following actions, namely: copy, modify, create derivative works of, reverse engineer, disassemble or otherwise attempt to derive the source code, sell, assign, sublicense or otherwise transfer rights to Services. Any rights not expressly granted herein are reserved to MyAssistant. No part of these Terms of Use shall be construed as granting, by implication, or otherwise, any license or right to use intellectual property rights for Services  or parts thereof.

The reproduction, permanent storage or retransmission of the contents of this web site is prohibited without the prior written consent of MyAssistant. Please address any such requests at [email protected].

 

PROPER USE

You must not:

  1. use the Services in any unlawful manner (or if use of the Services would cause you to breach any law or regulation applicable to you), for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms;
  2. infringe our intellectual property rights or those of any third party in relation to your use of the Services;
  3. transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of the Services;
  4. use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  5. collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running any Services;
  6. disclose or distribute information relating to another User of the Services to any third party, or use any other User’s information for any marketing purposes unless you g. have that User’s express permission to do so; or
  7. access or register User logins via bots or other automated methods.
    use sexually explicit, racial, ethnic, cultural, or similarly offensive, provocative, shocking, or inappropriate names and labels and other offending content.
  8. process personal data in an unlawful way such as not following the provisions of:
  • the General Data Protection Regulation, Regulation (EU) 2016/679 (“GDPR”);
  • the Directive 2002/58/EC (ePrivacy Directive) and/or the Privacy and Electronic Communications (EC Directive) Regulations 2003;
  • any other law relating to the processing, privacy and/or use of Personal Data;
  • any laws which implement any such laws; any laws that replace, extend, re-enact, consolidate or amend any of the foregoing; and
  • any judicial or administrative interpretation of any of the above, any guidance, guidelines, codes of practice, approved codes of conduct or approved certification mechanisms issued by any relevant Supervisory Authority.

 

DATA PROTECTION

We will maintain appropriate technical and organizational measures to protect the security of the data or content that you input into the Services. You are responsible for complying with all applicable data protection laws in respect of your use of the Services and with regard to any instructions you issue to MyAssistant with regard to the processing of personal data you provide to MyAssistant through the Services.

 

In particular, you must ensure you have properly informed and obtained all necessary rights, authorizations or consents from any end-users, clients, consumers, personnel or other individuals to whom the data relates, to enable MyAssistant to lawfully access their personal data under these Terms and to process their personal data outside of their country of residence.

 

LINKS

Certain parts of this site link to external internet sites, and other external internet sites may link to this web site. MyAssistant is not responsible for the content of any external internet sites.

 

SEVERABILITY

Each clause in these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. You are not permitted to assign, sub-licence, novate or transfer these Terms or any of the rights licensed under them.

 

GOVERNING LAW AND JURISDICTION

Anything included in this website and any claim arising by its use and/or any other claim that may arise in relation to this website will be governed by the Laws of the Republic of Cyprus and all disputes will be shall be resolved by the Nicosia District Court.