Terms & Conditions
(applicable to members and other users of this website)
1. DEFINITIONS
1.1 In these conditions the following words have the following meanings unless the context requires otherwise:
"Agreement" means the agreement between You and Us incorporating these terms and conditions for the provision of the Service;
"Intellectual
Property Rights" means all patents, database rights, copyright, design
rights (whether registered or unregistered), trade marks (whether
registered or unregistered) and other similar rights wherever existing
in the world together with the right to apply for protection of the
same;
“Information” includes without limit all content, software, data, text, photographs, graphics, sound and video;
"Liability"
means the liability of any nature for any and all damages, claims,
proceedings, actions, awards, expenses, costs and any other losses
and/or liabilities;
"Post"
means display, exhibit, publish, distribute, transmit and/or disclose
Information on or in connection with the Service, and the phrases
“Posted” and “Posting” shall be constructed accordingly;
“Group” means any other entity connected with Us (Gallus Media LLP)
"Member" means any person whose membership has been accepted by Us and whose membership remains valid for the time being;
"Profile" means the section of the Service containing details, photographs and/or other Information about You;
"User" means any person who browses the Website;
"Service"
means the service provided by Us to You including, but not limited to,
Us allowing You to browse the Website, contact and/or be contacted by
other Members through the Website and/or Post Information on the
Website;
"We, Us, Our" means Gallus Media LLP , Partnership No. SO300622.
"Website"
means Our website at URL www.totallyfreedating.co.uk (or such other URL
that We may use to provide the Service from time to time);
"You, Your, Yourself" means the person whose application for membership of the Service is accepted by Us.
2. ELIGIBILITY
2.1 By applying to become a Member You warrant and represent to Us that:
2.1.1 You are over 18 years old;
2.1.2 You have not been convicted of any offence relating to violence
and/or any offence under the Protection from Harassment Act 1997 (or
under any statutory enactment replacing and/or amending such Act);
and/or
2.1.3 You have not been subject to any injunction or any order to pay
damages under the Protection from Harassment Act 1997 (or under any
statutory enactment replacing and/or amending such Act).
2.2
If You are not able or not willing to give the warranties and
representations set out in clause 2.1 above then You must not apply for
membership.
3. BASIS OF CONTRACT
3.1 If you are applying for membership, you agree to be bound by these
terms and conditions for the provision of the Service. If you are a
User, who is not a Member, your use of the Website constitutes your
agreement to be bound by these terms and conditions insofar as they are
relevant to use of the Website by non-Members.
3.2 These terms and conditions (as amended by Us from time to time in
accordance with clause 3.4 below) shall apply to the exclusion of any
other terms or conditions and You agree to abide by them.
3.3 Any renewal of Your membership is subject to Our then applicable terms and conditions.
3.4 We reserve the right to vary these terms and conditions at any
time. If so , the updated version will be posted on the terms and
conditions page of the Website You will bound by the updated version if
You continue to use the Service thereafter.
3.5 Our employees, sub-contractors and/or agents are not authorised to
make any representations or warranties concerning the Service unless
confirmed by Us in writing.
3.6 You acknowledge that You do not rely on any representation and/or
warranty that has not been made in accordance with these terms and
conditions.
3.7 We reserve the right to monitor and at Our option to remove for any reason any Information Posted by You.
3.8 We shall have the right at Our option to refuse to grant
applications for membership and to terminate memberships at any time.
3.9 The Agreement between You and Us shall come into effect on Our
acceptance of Your application for membership. No application for
membership shall be deemed to be accepted by Us until You have received
confirmation of Your membership from Us by e-mail.
4. PRICE AND PAYMENT
The service is completely FREE
5. MEMBER'S OBLIGATIONS
5.1 You will not:
5.1.1
Post Your personal details such as Your telephone number, fax number,
address and/or e-mail address or URL in Your Profile or any other
Information which would enable other Members and/or Users to contact
You directly;
5.1.2 Post Information which
breaches, infringes, violates and/or is contrary to any law, by-law,
statute and/or regulation or code of conduct or any other parties'
rights (including but not limited to Intellectual Property Rights
and/or privacy rights);
5.1.3 use the Service to promote another site, service and/or business
in any way including but not limited to Posting any telephone number,
fax number, address and/or e-mail address or URL in Your Profile;
5.1.4 solicit other Members' business, advertise, buy or sell products and/or services through the Service;
5.1.5 in our opinion misuse in any way the Service or any Information Posted on the Service;
5.1.6 attempt to gain unauthorised access to any Information available
on or via the Service or to any of the networks used in providing the
Service;
5.1.7 Post and/or reproduce in any way any Information in which the
Intellectual Property Rights belong to another party without first
obtaining the prior consent of the owner of such rights;
5.1.8 copy, in whole or in part any of the Information on the Website
(including, but not limited to any Information contained in other
Members’ Profiles) other than for the purposes contemplated in this
Agreement;
5.1.9 in our opinion post any junk mail, spam, chain letters, pyramid
schemes or any similar or fraudulent schemes or any inappropriate form
of solicitation; or collection of the responses to any such schemes or
solicitation;
5.1.10 in any way assign, transfer, part with and/or authorise any other person to use, Your membership;
5.1.11 Post any Information, which in Our opinion is sexually explicit,
vulgar, indecent, racist, abusive, invasive of another’s privacy,
offensive, harmful, threatening, harassing, stalking, inflammatory,
sexually suggestive, defamatory and/or obscene;
and/or
5.1.12 Post any Information which in Our opinion is capable of
offending others’ political and/or religious beliefs.
6. SECURITY
6.1 The Member ID, password and activation code allocated to You are
personal to You and are not transferable. You are responsible for
keeping them secure and for any use of the Service including any
activities by anyone using Your username, password and/or activation
code.
6.2 You should protect against
unauthorized access to Your computer. Ensure that You sign off when You
finish using a shared computer.
6.3 You must notify Us immediately of any apparent breach of security
such as loss, theft, or unauthorised disclosure or use of a username or
password .and in such cases You should immediately amend Your password
using the Service.
7. YOUR PROFILE
7.1 You acknowledge that other Users will be able to view Your Profile.
7.2 We may copy and/or reproduce any Information Posted by You on the
Website in any form and in any manner We wish subject always to
compliance with applicable regulations in this area.
7.3 If You Post and/or disclose to other Users any confidential or
sensitive Information about Yourself then You do so entirely at Your
own risk.
7.4 You will be able to view the details and profiles of other Members.
7.5 You warrant and represent to Us that all Information Posted by You:
7.5.1 is accurate, true, complete and is not misleading;
and
7.5.2 will be regularly updated by You so that it remains accurate, true, complete and not misleading.
7.6
We reserve the right to review Your Profile from time to time and to
amend and/or delete it if We, in Our sole discretion, think that it
should be amended and/or deleted.
8. CANCELLATION / TERMINATION / SUSPENSION
8.1 You may terminate your membership at any time, upon giving us
notice by completing the cancellation of membership form on the
Website. In such case You will not be entitled to any refund of monies
paid.
8.2 We may terminate your membership at
any time, without cause, upon giving You notice by email. If so We will
refund pro rata any fees already paid.
8.3 If:-
8.3.1 You fail to make any payment to Us when due;
8.3.2 You breach the terms of this Agreement;
8.3.3 You persistently breach the terms of this Agreement;
8.3.4 You fail to provide Us within the time limit requested by Us with
sufficient Information to enable Us to determine the accuracy and/or
validity of any Information Posted by You;
and/or
8.3.5 in Our reasonable opinion, any Information Posted by You is
damaging or potentially damaging to Our business or Members or Users,
then, without prejudice to any other remedies We may have, clause 8.4 below shall apply.
8.4
If any of the events set out in clause 8.3 above occurs in relation to
You thenWe may immediately and without notice suspend and/or terminate
Your access to and/or membership of the Service in which case all
monies owed by You to Us shall become immediately due and payable, You
will not be entitled to any refund of monies paid and You shall not
attempt to use the Service or rejoin as a Member.
8.5 This clause applies to You only if You are a “consumer” as defined
in the Consumer Protection (Distance Selling) Regulations 2000
www.hmso.gov.uk/si/si2000/20002334.htm You may cancel Your order by
giving Us written notice within 7 working days of placing Your order.
Within 30 days of Your notice We will refund credit card payments by
credit card refund. However, this right of cancellation does not apply
once You have started to use Our Service by sending or reading
(opening) messages.
8.6 This Agreement continues for so long as you are a Member. Even
after termination of this Agreement, certain clauses will continue to
apply including clauses 10, 14 and 15 and other clauses necessary to
interpret or enforce this Agreement.
9. PERSONAL DATA
9.1 Personal Information collected from You is subject to Our privacy policy.
10. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
10.1 As between You and Us, All Intellectual Property Rights in connection with the Service shall be owned by Us absolutely.
10.2 You may link to the Service but You may not include the Service in
part or in whole within another external website without Our prior
written consent.
10.3 You warrant and represent to Us that the Information Posted in
Your Profile is Posted by You and that You are the sole author of Your
Profile. You assign to Us with full title guarantee all copyright in
Your Profile.
10.4 You waive absolutely any and all moral right to be identified as
author of Your Profile and any similar rights in any jurisdiction.
10.5 You agree that You will keep confidential and not use, except for
purposes contemplated by this Agreement, any and/or all Information
relating to the Service which may be disclosed to You or which You may
learn, except where such Information is public knowledge or it is
required to be disclosed by law.
10.6 We will use Our reasonable commercial endeavours to keep Your
personal details such as Your surname, real e-mail address and credit
card number(s) (where relevant) confidential and will not disclose such
Information, except where such Information is public knowledge or it is
required to be disclosed by law.
11. FUNCTIONING OF THE SERVICE
11.1 The Service is provided in its current form and We do not
guarantee or warrant that the Service, or any element of the Service
will meet Your requirements, purpose and/or expectations.
11.2 We do not guarantee or warrant that any of the Information
provided in or via the Service is accurate or reliable. You rely on it
at Your own risk.
11.3 Due to the nature of the internet, we do not provide any warranty
or guarantee in respect of the Service, results, availability, and/or
uninterrupted use of the Service except that We will use Our reasonable
endeavours to rectify serious faults as soon as practical though not
within any particular timescale.
11.4 We reserve the right to make changes to the Service provided that
they do not have a material adverse effect on the quality of the
Service.
11.5 We reserve the right to suspend the Service without notice for repair, maintenance or other technical reasons.
12. USE OF THE SERVICE
12.1 The Website is merely a forum for Members to Post Information
about themselves and to allow You to make contact with other Members
through use of the Service if You choose to do so.
12.2 You should not assume that the Information contained in any
profile is necessarily correct and accurate. We do not have an
opportunity to check that the profiles are correct and not misleading.
We do not make any representation or warranty that the Information
contained in any profile is accurate and We are not under any
obligation to verify any Information contained in any profile. Before
acting on any Information contained in any profile or on any
Information received by You through Your use of the Service, You should
at Your own expense, carry out such investigation as You think is
necessary to satisfy Yourself of the truth and accuracy of such
Information. A person may not be who he or she claims to be.If You
arrange any meetings with any person through Your use of the Service
then You do so at Your own risk. You should take reasonable precautions
to ensure Your safety.
12.3 You must comply with Our reasonable instructions concerning use of the Service.
12.4 You must notify us in writing immediately if You become aware of
any inappropriate behaviour in connection with the Service.
12.5 We are entitled to delete messages stored on the Service after the
period stated in the Help and Information page on the Website. We may
also delete messages immediately upon exercising any right of
suspension in this Agreement or upon termination of Your membership or
this Agreement. It is Your responsibility to store independently any
messages that You wish to keep.
13. THIRD PARTY WEBSITES
13.1 We may link to third party websites. We do not endorse or
recommend such websites and You must satisfy yourself that any goods or
services referred to thereon are suitable for Your requirements.
14. LIMITATIONS ON LIABILITY
14.1 We shall have no Liability for any defect in the Service caused or contributed to by You and/or any other Member.
14.2 We shall have no Liability to You if any monies owed by You to Us have not been paid in full by the due date for payment.
14.3 You shall give Us a reasonable opportunity to remedy any matter
for which We are liable before You incur any costs and/or expenses in
remedying the matter Yourself. If You do not do so We shall have no
Liability to You.
14.4 You shall produce to Us written evidence of any claims for which
it is alleged that We are liable together with written details of how
any loss was caused by Us and the steps You have taken to mitigate the
loss before We shall have any Liability for the claim by You.
14.5 We shall have no Liability to You to the extent that You are
covered by any policy of insurance and You shall ensure that Your
insurers waive any and all rights of subrogation they may have against
Us.
14.6 We shall have no Liability to You arising out of Your use of the
Service and/or Your reliance on any Information Posted by other Members.
14.7 It is possible for other Users and/or unauthorised users to obtain
and misuse Information about You as a result of Your use of the
Service. We shall have no Liability to You arising out of any Member's
and/or unauthorised User's misuse of Information Posted by You on the
Service and/or to other Members.
14.8 We shall have no Liability to You for any:-
14.8.1 consequential, special or indirect losses;
14.8.2 economic and/or other similar losses (including, without limit,
loss of revenues, profits, contracts, business or anticipated savings);
or
14.8.3 damage to or loss of goodwill, reputation or data.
14.9 You shall be under a duty to mitigate any loss, damage, costs or expenses that You may suffer.
14.10 Without prejudice to the foregoing, our total Liability to You
under and/or arising in relation to this Agreement for any one event or
series of events shall not exceed 5 times the amount paid by You for
the Service (if any) in the 12 months before the event(s) complained of
or the sum of £1,000, whichever is the higher.
14.11 Nothing in this Agreement shall exclude or limit Our Liability
for death or personal injury due to Our negligence or any Liability
which is due to Our fraud or any other Liability which We are not
permitted to exclude or limit as a matter of law.
14.12 Nothing in this Contract shall exclude or limit any of Your
statutory rights which may not be excluded or limited due to You acting
as a consumer.
14.13 We shall have no Liability to You for any delay in performance of
this Service and/or any other matters to the extent that such events
and/or matters are due to any events outside Our reasonable control
including but not limited to acts of God, war, flood, fire, labour
disputes, strikes, lock-outs, riots, civil commotion, malicious damage,
explosion, governmental actions and any other similar events.
14.14 This section (and any other clause excluding or limiting Our
liability) applies to Our partners, officers, employees,
subcontractors, agents and affiliated companies or other entities as
well as to us.
15. INDEMNITY
15.1 You agree to indemnify and keep indemnified Us against any and all
losses, proceedings, lost profits, damages, awards, expenses, costs
(including increased administration costs and legal costs on a full
indemnity basis), claims, actions and any other losses and/or
liabilities suffered by Us and arising from and/or relating to Your use
of the Service, Information and/or other material Posted on or via the
Service by You and/or arising from or due to any breach of contract,
any tortious act and/or omission and/or any breach of statutory duty by
You.
16. GENERAL
16.1 Headings above are for guidance and not binding.
16.2 This agreement is not intended to confer a benefit on any third
party. This shall not apply to members of Our group who shall have the
right to enforce this Agreement as if they were Us and to the persons
mentioned in clause 14.14 above.
16.3 No waiver by Us of any breach of this Agreement shall be
considered as a waiver of any subsequent breach of the same provision
or any other provision.
16.4 This Agreement contains the entire agreement between You and Us.
If any provision of this Agreement is held by any competent authority
to be invalid or unenforceable in whole or in part the validity of the
other provisions of this Agreement and the remainder of the affected
provision shall be unaffected and shall remain in full force and effect.
16.5 We may assign all or part of Our rights or duties under this Agreement; You may not do without Our prior written consent.
16.6 Unless otherwise stated in this Agreement all notices in writing
shall be sent by email to the most recent email address specified by
You on the Service (in Your case) and by email to
help@totallyfreedating.co.uk (in Our case).
16.7 This Agreement is governed by and interpreted in accordance with
Scots law and the parties agree to submit to the exclusive jurisdiction
of the Scottish courts.
