Terms of use

1. Who we are

MirthDay is a free website at mirthday.co.uk where a parent can make an invitation page for a child’s party and collect replies to it.

The service is operated by MirthDay (“we”, “us”, “our”), 66 Paul Street, London, EC2A 4NA. You can contact us at hello@mirthday.co.uk.

2. These terms

By creating an account, making an invitation, or opening a party page somebody sent you, you accept these terms. If you do not accept them, please do not use MirthDay.

We may change these terms — for example when the service changes, or when the law does. The version on this page is always the current one. If you carry on using MirthDay after a change, you accept the new terms.

3. What MirthDay is — and what it is not

MirthDay is a tool for writing an invitation and collecting replies. It is not a party planner, a childcare or supervision service, a ticketing service, an insurer, or a safeguarding service.

We do not check hosts, guests, venues, addresses, dates, ages, allergies or anything else that anyone types into a party page. Everything you read on an invitation was written by the person who made it, and everything in a reply was written by the guest who sent it.

4. Who may use MirthDay

• You must be 18 or over and able to enter into a contract.
• Accounts are for adults. Children must not create accounts or use one.
• MirthDay is for personal, family use. For any commercial use you need our written permission first.
• You are responsible for everything done through your account.

5. Your account

• Give us an email address you can actually receive email at — it is how we reach you about your parties and how you would get back into your account.
• Keep your password to yourself. Tell us at hello@mirthday.co.uk as soon as you think someone else has got into your account.
• You can close your account at any time by writing to us.
• We may suspend or close an account that breaks these terms or that we reasonably believe is being used unlawfully, and we may do so without notice.

6. Invitation links are secret, not private

Every party page lives at a long, randomly generated web address. Anyone who has that address can open the page and read what is on it: the children’s first names, the date, the address of the party, your directions, and the replies guests have left.

You decide who gets the link. Once you have shared it, you cannot control who it is passed on to, and neither can we. Please do not put anything on a party page that you would mind a stranger reading.

7. What you put on MirthDay

Your invitations and replies stay yours. You give us permission to store, copy and display them so that we can run the service — nothing more.

When you put something on MirthDay, you confirm that:

• you are entitled to share the details you enter, including other people’s names and anything about a child who is not yours;
• the content is lawful, honest, and not offensive, threatening or misleading;
• it does not infringe anybody else’s rights;
• you will not use MirthDay to send unsolicited messages, to harass anyone, or to gather details you have no business gathering.

We may remove content, and suspend or close an account, where we reasonably believe this clause has been broken.

8. Guests and their replies

When a guest replies to your invitation, what they send — their name, their email address, how many grown-ups and children are coming, and the children’s names and ages — is stored and shown to you as the host.

How you use those details afterwards is your responsibility, not ours. Please treat them the way you would want yours treated: use them for the party they were given for, and keep them no longer than you need. How we handle the same details is set out in our privacy policy.

9. The service is provided “as is”

MirthDay costs you nothing, and we provide it as it is and as it is available. To the fullest extent the law allows, we give no warranties, conditions or guarantees of any kind about it. In particular, we do not promise that:

• the service will be available, uninterrupted, timely, secure or free of errors;
• an invitation page, a reminder or any other message will be delivered, delivered on time, or read by anyone;
• replies, headcounts, ages, allergies or anything else shown to you are accurate, complete or up to date;
• anything you put into MirthDay will be preserved, backed up or recoverable.

Please keep your own copy of anything you cannot afford to lose — your guests’ contact details in particular.

We may change, suspend or withdraw the whole service or any part of it, at any time, and we may stop running it altogether.

10. Things we are not responsible for

Your party is yours. As far as the law allows, we are not responsible for:

• what happens at the party, who turns up, and who does not;
• anything written on a party page or in a reply, including a wrong date, a wrong address, or wrong information about an allergy or an age;
• an invitation, reminder or reply that arrives late, is blocked by a spam filter, or never arrives at all;
• who sees an invitation link after you have shared it;
• WhatsApp, email providers, calendar apps, map providers and any other service we link to — they are not ours, and their own terms apply to them.

11. Our liability to you

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded.

Nothing in these terms affects your statutory rights as a consumer, including your rights under the Consumer Rights Act 2015 to have a service supplied with reasonable care and skill.

Subject to that, and because we supply MirthDay free of charge:

• we are not liable for loss of profit, loss of business, loss of contracts or expected savings, wasted expenditure, loss of goodwill, loss or corruption of data, or for any indirect or consequential loss;
• our total liability to you in connection with the service, in any twelve-month period and whether in contract, tort (including negligence) or otherwise, is limited to £100.

We supply MirthDay for private and domestic use. If you use it for any commercial purpose, we have no liability to you for business losses of any kind.

12. Events outside our control

We are not liable for any failure or delay caused by something outside our reasonable control — for example a failure of the internet, of hosting or power, a cyber attack, an act of government, industrial action, fire, flood or epidemic.

13. Things you must not do

• break the law, or use MirthDay for anything unlawful;
• try to get into any account, server or data you are not meant to see, or probe or test our systems;
• scrape the site, harvest invitation links or guests’ details, or collect data by automated means;
• deliberately overload the service, or introduce anything malicious;
• copy, modify, reverse engineer or resell any part of MirthDay;
• impersonate anyone, or pretend an invitation comes from someone it does not.

We may report serious misuse to the police or to any other authority, and we may give them whatever information we hold.

14. Our own rights

The MirthDay name, logo, design, text and code belong to us or to our licensors. Using the service gives you no rights in any of it beyond using the site as it is meant to be used.

15. General

• If any part of these terms turns out to be unenforceable, the rest carries on.
• If we do not enforce a term straight away, that is not a waiver of it.
• These terms are between you and us. Nobody else may enforce them under the Contracts (Rights of Third Parties) Act 1999.
• We may transfer our rights and obligations under these terms to someone else; you may not transfer yours without our written consent.
• These terms, together with our privacy policy, are the whole agreement between us about the service.

16. Complaints, and which law applies

If something has gone wrong, please write to hello@mirthday.co.uk — most things are quicker to fix than to argue about.

These terms, and any dispute arising out of them or out of your use of MirthDay, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If you live in Scotland or Northern Ireland, you may also bring proceedings in the courts there.