Terms & Conditions - last updated 16th January 2014
The following information defines the conditions under which the use of memorado is operated by Memorando UG, Warschauer Strasse 61, 10243 Berlin (hereinafter "memorado").
1. Description of the scope of service
memorado operates an Internet brain training, and provides customers with both free and paid services.
All customers can register for free, take a fitness assessment, create a profile and play a limited set of brain games.
Basic members still have the option to subscribe for "paid membership". However, an obligation to pay only arises when the customer confirms the order of the paid membership and associated payment with a click. Prior to the end of any subscription duration, paid members will be informed about the outstanding payment due.
memorado is entitled to engage third party service providers and agents for the whole spectrum of the memorado service. However, this should not negatively impact the customer.
memorado will block or remove from its site any offensive or incorrect communication or information, and any communication or information which it reasonably suspects infringes any applicable laws, regulations or third party rights (such as material that is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party intellectual property rights) that becomes known to it; but memorado has no obligation to customers, and undertakes no responsibility, to review any communication or information provided by customers for incorporation into the memorado service.
memorado ensures service availability for 99% of the calendar year. This does not include failures of the service, for example for essential maintenance or technical failures of the Internet.
2. Access / Contract Confirmation
In order for customers to access memorado services they must register. For the registration the customer requires a valid e-mail address, his name and a self-chosen password.
Customers must be at least 18 years of age to register.
Once an email address and password are entered into our website, registration is considered complete. The registered user then enters into a contractual relationship with memorado for a free membership. This is governed by the provisions set out in these terms and conditions.
After registration, the customer receives a notification via e-mail confirming the contract for the free membership.
An order for paid membership is confirmed once the registered customer clicks the final payment button “Purchase (via secure server)”, after entering their payment information. This customer then enters into another contractual relationship with memorado, in addition to the free membership.
The registration/order process allows customers to check and amend any errors before submitting their registration form or order to memorado.
The customer will be informed before the conclusion of a fee-based contract about the features of each chargeable service, prices and payment terms.
The contract for the paid membership comes into effect with the sending of the order confirmation e-mail sent by memorado.
In the confirmation e-mail the customer will receive an electronic copy of the contract data (membership information), as well as the time of registration and applicable terms and conditions for their own records. The customer therefore has the opportunity to save or print the contract data as well as the terms and conditions. The contract information is also stored by us.
If the customer does not pay any amount due under the contract, memorado is entitled to suspend the customer's access temporarily until the outstanding payment is received or to terminate the contract. The contract period shall remain unaffected by the temporary closure.
3. Terms of Payment
The following payment methods are accepted: credit card or payment via PayPal.
The invoice amount for the chosen timeframe is paid to memorado in advance without any deductions.
With the completion of the paid membership duration (the reaching of the end date of a paid subscription) and the disclosure of payment details, the customer grants memorado permission to process payment.
4. Data Use, Data Sharing and Data Forwarding
memorado takes care to respect the legal data protection regulations, in particular the EU Data Protection Directive 95/46/EC.
5. Cancellation, Automatic Renewal, Termination
The cancellation of the free membership (deleting the profile) is possible at any time. To do this click on the "Account" tab.
Every contract for the paid membership is automatically extended at the end of the contractually agreed period for the same duration as agreed for the original subscription if the customer does not give notice to cancel his/her contract at least 7 days before the expiry of the agreed term.
The termination of the paid membership is only effective if the notice of termination or cancellation has been made in writing (e.g. letter, fax or email).
For the written notice we ask you to specify your memorado email address, so that we can uniquely authenticate your claim and protect against possible abuse. The written notice should be sent to:
Warschauer Strasse 61
10243 Berlin, Germany
Phone: 0049 30 5163 2372
After termination of the paid membership, the status of the customer is automatically changed to free membership with the resulting limited scope of use.
Both parties retain the right to terminate paid and unpaid membership if an Event Outside Our Control takes place. An Event Outside Our Control means any act or event beyond our reasonable control, [including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks]. memorado will not be liable for any failure to perform or delay in performance of, any of its obligations under these Terms and Conditions that is caused by an Event Outside Our Control.
Once memorado has begun to provide the services, either party may terminate the contract with immediate effect by giving written notice to the other party (in the manner specified in paragraph 3 above where the customer is the terminating party) if the contract is broken in a material way and the offending party does not fix or correct the situation within 14 days of the innocent party asking the offending party to fix or correct the situation in writing.
The right of termination provided for in this section 5 is in addition to that provided for under the Cancellation Policy set out at the end of these Terms and Conditions
6. Liability of memorado
If memorado fails to comply with these terms and conditions, memorado is responsible for loss or damage the customer suffers that is a foreseeable result of its breach of these Terms and Conditions or its negligence, but memorado is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of memorado‘ breach or if they were contemplated by the customer and memorado at the time the parties entered into the contract.
memorado does not exclude or limit in any way its liability for:
i) death or personal injury caused by memorado‘ negligence;
ii) fraud or fraudulent misrepresentation;
iii) any other liability which cannot be limited or excluded by applicable law.
The foregoing limitation of liability shall apply to all officers, employees and agents of memorado.
7. Responsibilities and Obligations of the Customer / Prohibited Practices / Exemption
The customer is alone responsible for the content of their application and therefore for the information he/she provides about himself/herself.
The customer assures that the data given are true and describe him/her personally. Both parties agree that memorado has the right, but not the obligation, to verify the accuracy of the data if necessary.
To ensure the integrity of the contact mediation services, the customer acknowledges that he/she use the service of memorado with the intention of seeking a partner for a serious relationship and is not in a relationship at the time of registration.
The customer assures that he/she does not pursue commercial and/or business purposes in connection with their membership. She/he agrees not to use the contact portal for commercial or business purposes (see below, point "g").
The customer assures that in the context of offers and services from memorado he/she will not use any photographs, text, software or any other copyrighted information without having the necessary rights or consents for them.
The customer complies with all applicable laws for registration and use of the contact portal.
The customer may in particular under no circumstances (prohibited conduct):
intentionally declare the data of third parties (including email address) as their own. In particular, he/she must not provide the bank account or credit card information of third parties;
make personal information, such as names, telephone and fax numbers, residential and e-mail addresses, photo-/video data and / or URLs known to third parties without the consent of its respective owner;
distribute defamatory, offensive, or otherwise unlawful material or such information ;
threaten or harass other people, or harm the rights (including personality rights) of any third party;
upload data containing a virus (infected software);
use the service in a way which affects the availability of offers for other customers adversely, especially to write proprietary profile information in a language other than English;
intercept e-mails or try to intercept them;
to carry out advertising for other contact portals;
send chain letters;
to name in the personal description (profile) names, addresses, telephone or fax numbers, e-mail addresses, user names, or other contact data from messenger services or other Internet services;
to give logins and personal passwords to third parties or share those with third parties;
An inadmissible commercial or business use in the sense of this provision is in particular:
the provision of goods or services in return for payment of any kind, the solicitation of making an offer, or a reference to an attainable offer elsewhere;
the usage of commercial internet sites for advertising, particularly those sites that offer chargeable goods or services that are used for displaying or advertising companies or for advertising other commercial web sites. This is especially true for advertising in the form of pop-ups, banner ads or flashy or particularly highlighted links;
linking (directly or indirectly) to the contact portal of another operator;
the naming of value-added service numbers (in particular 0900 numbers) or value-added SMS numbers (premium SMS) under this contact portal;
the contact for the purpose of subsequent profit, especially by subsequent reference to value-added SMS or 0900 numbers;
the search for employees, models, etc. for agencies or for chargeable service providers;
the business of collecting profile data that is accessible within the contact portal or asking about data (e.g. telephone-/mobile number) of other customers, e.g. for the purpose of commercial exploitation, or promotion or resale;
to make advertising to other clients of the service or to other customers in any form for business offers and the sending of messages that serve a business purpose. This relates in particular to the setting of relevant links in the data profiles or sending messages with the internal communication systems.
If the customer breaches any of the obligations listed in this section 7, memorado can be entitled to require compensation for any resulting damage or expenses. This does not apply if the user did not know he or she was committing a breach of section 7 and was not reckless in the sense of not caring whether or not he or she was committing a breach of section 7.
8. Blocking on Suspicion
memorado is entitled, in the case of a complaint from a third party, and on suspicion of a violation or breach of these terms and conditions, to delete the member’s content, which triggered this suspicion or complaint. The complaint itself, however, does not serve as justifiable grounds for memorado to terminate the member’s contract. For termination of the contract, a breach of the conditions specified in these Terms and Conditions has to be identified.
If a warning is deemed reasonable by memorado, memorado must give the customer the opportunity to eliminate the suspicion or to remedy the situation before blocking or removing the content. If a warning is not reasonable, for example, because the blocking or removal is needed to prevent a possible damage to memorado or another customer, memorado will inform the customer immediately afterwards about the blocking or removal and then give them the opportunity to comment and request help.
memorado can always delete the content or keep the profile blocked when memorado is requested to do so by a court or by state authorities, or if the contract is terminated in accordance with these Terms and Conditions. The same applies if the cancellation or revocation is necessary to prevent an imminent harm to memorado or another customer.
The customer's obligation to pay the contractually agreed remuneration as part of a paid membership remains unaffected by the blocking of content. If the customer's access to the paid membership was blocked and the closure in hindsight proves to be unwarranted, the duration of the paid membership will be extended accordingly. If an extension is not possible or objectively unreasonable, memorado will reimburse the blocking period and the corresponding fee.
9. Cancellation Policy
1. Right of Withdrawal
You have certain rights under the UK’s Consumer Distance Selling Regulations 2000 (“Regulations”).
Before memorado begins to provide the Services, you have the following right to cancel the contract for memorado’ Services:
You may cancel the contract at any time within 7 working days from the day after receiving the email from memorado confirming the terms of the contract (“Cooling-Off Period”), provided that you have not started using the Services by, for example, sending messages to possible partners.
You agree that the Services may start before the end of the Cooling-Off Period. You also agree that once the Services have started you will lose your statutory right of withdrawal under the Regulations.
If you cancel the contract under the above paragraph (9.1a) and you have made any payment in advance for the Services, memorado will refund these amounts to you.
You can exercise the right to withdrawal under this paragraph 9.1 by notifying us by:
Warschauer Strasse 61
10243 Berlin, Germany
memorado will confirm your withdrawal in writing to you.
2. Cancellation and Consequences
After the initial 7 days of your first subscription, your Right of Withdrawal expires. You will then be able to stop the renewal of your current contract by using your option of cancellation. After cancellation of the paid membership, your status is automatically changed to a free membership with the resulting limited scope of use. Early cancellation does not entitle you to any reimbursement or refund for the remaining duration of the contract, and you are still liable for any outstanding payment due for the originally agreed subscription term. You must satisfy obligations to reimburse payments within 30 days after dispatch of your written notice. More detailed information about Cancellation, Renewal and Termination can be found in the above Section 5.