Terms and Conditions
The Optimist memberships
The terms and conditions set out below apply to the memberships offered by the The Optimist Daily. Please read them carefully as they affect your rights and liabilities under the law and set out the terms under which The Optimist Daily LLC (“we”, “us”, “our”) makes the memberships available to you. These terms will be subject to any rights you may have under consumer law to which we are bound and which cannot be waived by contract.
By taking out a membership you agree to comply with these terms and conditions. We recommend that you print a copy of these terms and conditions or save a copy in your computer for future reference.
1. Which memberships do we have?
We have an Emissary Membership to The Optimist Daily. For details regarding each different membership please visit our membership page here.
As part of the subscription process, we will provide you with a username and password for login. When you order a membership from us online, you will receive your username and login by email. You will then be required to enter your username and password to login on our website in order to access content as part of your membership. Your subscription is personal to you and non-transferable. Please do not share your username and password with any other person.
2. Orders for memberships
Your order is an offer to buy from us which, if accepted by us as described below, will then constitute a binding contract. Nothing that we do or say will amount to any acceptance of that offer until we send you confirmation of your order by email.
We will not be responsible for any failure by you to receive such confirmation, which results from your failure to supply us with correct contact details. As a member you are obliged to enable us to send you emails regarding your account. Therefore you should not Opt-out or unsubscribe from our email system.
If you place an order for a membership online, you are able to correct errors on your order up to the point at which you submit your order. After this point, we will assume that all information provided as part of your order is correct and we will process your order accordingly.
We reserve the right to reject any order for a membership without giving a reason.
3. Membership Period
Once your order for a membership has been accepted, the membership will continue and renew automatically unless and until it is ended by either the customer or The Optimist Daily, in accordance with the provisions of section 7 (Refunds and Cancellation).
You agree to pay the membership price for the membership. You can requestion help or clarification by contacting our customer services team using the contact details in section 9 (Customer Services).
You must provide us with complete and accurate payment information at the time you subscribe. Payment for your membership can be made via PayPal or by credit/debit card. Your payments will be taken on a rolling basis and your membership will continue unless and until it is ended by either of us in accordance with the provisions of section 7 (Refunds and Cancellation).
6. Amending Memberships
We reserve the right to withdraw or change any membership and/or price at any time. This will not affect any membership that you have already paid for, unless the addition or removal relates to a third party platform, app and/or app store or for some reason we are withdrawing a membership due to our inability to fulfill that membership, in which case the provisions of section 7 (Refunds and Cancellation) will apply.
If we change the membership price we will inform you of this with at least 30 days notice (or such other length of notice as is required by the Direct Debit guarantee from time to time) by email, so that you can choose whether or not to cancel your payment. You will continue to receive content as part of your membership until you cancel your membership.
7. Cancellation and Refunds
Legal right to cancel
Subject to the paragraphs below, you have the legal right to cancel your contract for a membership any time during your membership period. The cancellation will become effective on the next renewal date. When you have a monthly membership, you can cancel any time during the current month. The cancellation will become effective before the next renewal date. With a yearly membership, we will send you two renewal messages; one message fifteen (15) days before your renewal date and another message three (3) days before your renewal date.
Note: it is your obligation to make sure we are able to send you these messages. If you opted out of all our messages, we are not able to reach you and we can not be held responsible for not being able to send you these messages.
To exercise your legal right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. an email) using the contact details set out in section 9 (Customer Services). You may also login to your account online and use the cancellation option. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a by email without delay.
We are unable to refund payment unless: (a) we have made a mistake or have not been able to fulfill your membership. If this is the case, you can send us an email to email@example.com with an explanation, including details of any problems; or (b) if there are exceptional circumstances, which we will assess on a case-by-case basis. If we then decide that exceptional circumstances apply we may, at our reasonable discretion, give you a proportionate refund.
If you have a query about obtaining a refund, please contact our customer services team using the contact details in section 9 (Customer Services).
8. Our Responsibility To You
We shall not be responsible for any failure by us to perform our obligations to you where this failure is caused by circumstances beyond our control. Furthermore, we shall not be responsible for any failure to deliver your membership if this is due to the supply of incorrect contact details or a change in email address by you.
Please note that issues with your mobile network operator and/or data connection with your device may mean that you are unable to access content at any particular time – this is outside of our control and we shall not be responsible in these circumstances.
In all cases, our liability to you in connection with your membership will not exceed the total membership fees charged for your current membership (being in all cases a maximum of twelve (12) months). We exclude all other liability to you to the extent permitted by law. Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents.
You may have statutory consumer rights that apply to your membership, which cannot be limited, excluded or modified. Nothing in these terms and conditions limits, excludes, or modifies any such consumer rights.
9. Customer Services
If you have a query or complaint about your membership, please contact us using any of the contact details below:
The Optimist Daily,
2020 Alameda Padre Serra #135,
Santa Barbara, CA 93103
(Note: Please include your email address in any written correspondence to enable us to send you a reply. We will not send out letters by mail.)
Telephone: (805) 892-4600
You can leave a message (please include your email address). We will follow up by email.
We intend to rely on the written terms set out in these terms and conditions for the membership that we provide to you. We acknowledge that you may receive written and verbal information from our customer services team, which shall also be incorporated into these terms and conditions.
We may update these terms and conditions from time to time for legal or regulatory reasons or to allow the proper operation of your membership. Any changes will be notified to you so that you can choose whether or not to cancel your credit or debit card payments, and whether to proceed with your next renewal. The changes will apply to your membership from your next payment date after we notify you of such changes. If you do not wish to accept the new terms and conditions you should not continue to subscribe as this will indicate your agreement to be bound by the new terms and conditions.
If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification or deletion shall not affect the validity and enforceability of the rest of these terms and conditions.