EVERYDAY MIRACLES LTD T/A DAILY SPARKLE
TERMS & CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions on which we will supply to you the products (Products) listed on our website www.dailysparkle.co.uk (our site) via one of our subscription services (Services). Please read these terms and conditions carefully before ordering from our site or subscribing to one of our Services. You the subscriber (Customer) should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions.
Please note that throughout these Terms and Conditions, the term Home Care Agency also includes Domicillary agencies.
You should print a copy of these terms and conditions for future reference.
Please tick the checkbox where required to accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products and/or subscribe to any Services from our site.
1 Everyday Miracles Ltd t/a Daily Sparkle are the publishers of the Daily and Weekly Sparkle newspapers and monthly magazine. Everyday Miracles Ltd also produce and sell a range of activity resources and services. Everyday Miracles Ltd own the copyright on all materials produced.
2 Everyday Miracles Ltd will provide subscribing organisations with the Daily Sparkle or the Weekly Sparkle and/or other activity resources and services.
3 The Daily and Weekly Sparkles can be downloaded in PDF format using the link which will normally be transmitted by email on, or before, each Monday at 5pm for the forthcoming week (Monday through Sunday). In the event of the subscriber not receiving their editions by this time, it is their responsibility to notify us.
4 Everyday Miracles Ltd reserves the right to change the format.
5 The Sparkles are supplied to specific locations and are for the sole use of those individuals associated with that location. Distribution or transmission outside of the specified location without express permission is strictly forbidden. Group/corporate subscriptions are available for multiple sites. The weekly distribution email which is received in the subscribers inbox each Monday may be forwarded to a maximum of two other devices within the subscribers location. If a subscriber wishes to forward the email to more than to other devices they should seek written permission from .
6 All editions are dated and are only to be used within 30 days of the edition date.
7 All invoices are payable within 14 days of invoice date.
8 All subscriptions, whether paid monthly, quarterly or annually, are paid in advance.
9 Cancellation: Subscribers can cancel this agreement at any time by giving 30 days notice in writing via email or postal mail. A free trial can be cancelled at any time. An automatic subscription shall not be assumed. A subscription can only be entered into after receiving instructions from the intending subscriber.
10 Everyday Miracles Ltd makes every effort to ensure that the content of the material it provides is accurate and up to date. However, Everyday Miracles Ltd shall have no liability for any inaccuracy in information.
11 Force majeure. Everyday Miracles shall have no liability to the Customer under this agreement if it is prevented from, or delayed in performing, its obligations under this agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of Everyday Miracles or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, terrorist action, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, other extremely adverse weather conditions or default of Everyday Miracles subcontractors.
12 Everyday Miracles total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of this agreement, shall be limited to the price paid for the edition of the Daily Sparkle giving rise to such liability.
13 Everyday Miracles may, from time to time and without notice, change the terms of this agreement in order to comply with any applicable law, safety or statutory requirements, provided that such changes do not materially affect the nature or scope of the product or the price.
14 No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of the parties.
15 This agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
16 Each party acknowledges that, in entering into the agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than for breach of contract, as expressly provided in this agreement.
17 A maximum number of one free trial can be taken out by a person and/or location. Further trials can be taken out only if agreed by Everyday Miracles Ltd.
18 Everyday Miracles reserve the right to cancel a free trial at any point if there is a breach of any of the above terms and conditions.`
The Daily Sparkle App
18 The Daily Sparkle app is supplied exclusively for use by staff in the subscribing care home / care facility.
19 User Login details for the Daily Sparkle app must not be given to anyone outside of the subscribing care home / care facility.
20 The exception to this condition is where the app is being provided to relatives of residents or patients who are residing in the subscribers care home / care facility (see below).
The Daily Sparkle App For Relatives
21 Subscribing care homes / care facilities may provide access to the Daily Sparkle app to the relatives of residents or patients that are residing in the care home / care facility.
22 Subscribing care homes / care facilities may enable relatives app accounts only as provided for in The Daily Sparkles instructions.
23 When residents or patients cease to reside in the subscribing care home / care facility, access to the relatives app for relatives of residents or patients must be cancelled and not renewed.
The Daily Sparkle Free Trial
24 Everyday Miracles Ltd offers a free trial to Care Homes, Home Care agencies, Domicillary agencies and individual subscribers. A free trial is intended to provide the user with the opportunity to try our products and/or services for a limited time period, to assess suitability and appeal.
25 The Daily Sparkle free trial commences immediately upon completing a free trial order form, and lasts for the duration of 6 weeks. The free trial ends automatically after 6 weeks, unless a paid subscription has been arranged. A paid subscription can only be entered into after receiving written instructions from the intending subscriber.
26 The Daily Sparkle free trial consists of 6 weeks worth of Daily Sparkle reminiscence newspapers, one Monthly Magazine issue, and 6 weeks worth of access to other activity resources and music and video resources.
27 Throughout the duration of the 6 week free trial you will also obtain access to the Daily Sparkle app. Access to the app will cease immediately upon ending the free trial.
28 A free trial can be cancelled at any time by requesting this via email or phone.
29 No payment details will be required in order to commence a free trial. Payment details will only be required should the user wish to start a paid subscription after their free trial is finished.
30 A maximum number of one free trial can be taken out by a person and/or location. Further trials can be taken out only if agreed by Everyday Miracles Ltd.