|

TERMS & CONDITIONS

|
1. ACCEPTANCE OF TERMS
ukFAYRES.co.uk is a trading name of the ukFAYRES Ltd, registered company
number 4955393 (the “Company”) and provides its service (the “Service”)
to you, subject to the following Terms and Conditions (“T&C”) which may
be updated by us from time to time without notice to you unless
otherwise contractually obligated to do so. In addition, when using
particular ukFAYRES.co.uk services, you and the Company shall be subject
to any posted guidelines or rules applicable to such services which may
be posted upon the site from time to time. All such guidelines or rules
are hereby incorporated into the T&C. The Company may also offer other
services from time to time, upon which further T&C may be applied.
2. DESCRIPTION OF SERVICE
The Company provides a web based UK events directory for organisers of
events to post event data completely free of charge into the events
database plus an optional chargeable advertising to organisers and other
related service companies via it's box advertisement system displayed on
the home page and counties pages of the web site. In addition the
company provides an annual subscription service for public members who
wish to access the full events listings on the site. Any new features
that augment or enhance the current Service, including the release of
new sites shall be subject to the T&C as posted on the site at that
time. You understand and agree that the Service is provided “AS IS” and
that the Company assumes no responsibility for the deletion or failure
to store any data.
In order to use the Service, you must obtain access at your own cost to
the World Wide Web, either directly or through devices that access
web-based content, and pay any service fees associated with such access.
In addition, you must provide all equipment necessary to make such
connection to the World Wide Web, including a computer and modem or
other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the Service’s registration (such information being the
“Registration Data”) and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or
incomplete, the Company has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or
any portion thereof).
4. PAYMENT TERMS
By registering on the site as either an organiser or public member, you
agree to these T&C. By completing and submitting any chargeable
subscription electronic order form you are making an offer to purchase a
service which, if accepted by us, will result in a binding contract. No
contract for the provision of the Service shall exist between us until
acceptance by the Company.
5. CANCELLATION PERIOD
Pursuant to the Consumer Protection (Distance Selling) Regulations 2000
(the “Regulations”) you are entitled to a 7 day cooling off period (the
“Cancellation Period”) which, subject to the receipt by you of the
confirmation of this contract in writing by email, begins the day after
the day on which the contract for services is concluded. You will forgo
your right of cancellation for the provision of the Services when
performance of the contract has begun, when your consent has been given
before the end of the cancellation period. Your acceptance of the T&C
represents your consent to the performance of the contract. Refunds will
be given at the discretion of the Company Management.
6. ukFAYRES Ltd DATA PROTECTION & PRIVACY POLICY
Please note that your personal data will be stored and processed on our
computers in the UK and that the Company will hold and transmit your
information in a safe, confidential and secure environment. ukFAYRES Ltd
will not sell or rent your personal data to third parties except as
described in the Privacy Policy.
7. REGISTRATION AND PASSWORD
You are responsible for maintaining the confidentiality of your username
and password. You shall be responsible for all uses of your account,
whether or not authorised by you. You agree to immediately notify the
Company of any unauthorised use of your username or password.
8. MEMBER CONDUCT
The site contains information “the Data” to which the following
conditions apply.
You may use and reproduce the Data for your private purposes or in the
ordinary course of your business but you may not make any profit from
the use of Data other than would be ordinarily made in the course of
your business. You may not under any circumstances sell the Data nor may
you make or sell any copy or reproduction of it or any substantial part
of it. You may not make any modifications to the software and you may
not use any means to decompile the software except as specifically
provided by law and with the written permission of the Company and you
may not attempt to decipher, disassemble or reverse engineer any of the
software comprising or in any way making up a part of the Web Site.
You understand that all information data, text, software, music, sound,
photographs, graphics, video, messages or other materials (“Content”),
whether publicity posted or privately transmitted, are the sole
responsibility of the person from which the Content originated. This
means that you, and not the Company, are entirely responsible for all
Content that you upload, post, email or otherwise transmit via the
Service. The Company does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity or quality of
such Content. Under no circumstances will the Company be liable in any
way for any Content, including, but not limited to, any errors or
omissions in any Content, or for any loss or damage of any Content, or
for any loss or damage of any kind incurred as a result of the use of
any Content posted, emailed or otherwise transmitted via the Service to:
(i) Upload, post, email or otherwise transmit any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libellous, invasive of another’s privacy,
hateful, or racially, ethnically or otherwise objectionable;
(ii) Impersonate any person or entity, including, but not limited to, a
ukFAYRES.co.uk official, host, or falsely state or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted
through the Service;
(iii) Upload, post, email or otherwise transmit any Content that you do
not have the right to transmit under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
(iv) Upload, post, email or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights (“Rights”) of any party;
(v) Any other form of solicitation, except in those areas that are
designated for such purpose;
(vi) Upload, post, email or otherwise transmit any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment; disrupt
the normal flow of dialogue, cause a screen to “scroll” faster than
other organisers of the Service are able to type, or otherwise act in a
manner that negatively affects other organisers’ ability to engage in
real time exchanges; interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements,
procedures, policies or regulations or networks connected to the
Service; intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.K. Securities and Exchange Commission,
any rules of any national or other securities exchange, or collect or
store personal data about other organisers.
(vii) Notwithstanding anything to the contrary contained herein, using
or attempting to use any engine, software, tool, agent or other device
or mechanism (including without limitation browsers, spiders, robots,
avatars or intelligent agents) to navigate or search this Web Site other
than the search engine and search agents available from the Company on
this Web Site and other than generally available third party web
browsers (e.g., Netscape Navigator, Microsoft Explorer).
(viii) You acknowledge that the Company does not pre-screen Content, but
that the Company and its agents shall have the right (but not the
obligation) in their sole discretion to refuse or remove any content
that is available via the Service. Without limiting or foregoing, the
Company and its agents shall have the right to remove any Content that
violates the T&C or is otherwise objectionable. You will agree that you
must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge that you may
not rely on any Content created by the Company or submitted to,
including without limitation information in uploaded data, and in all
other parts of the Service.
(ix) You acknowledge and agree that the Company may preserve Content and
may also disclose Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process (b) enforce the T&C; (c)
respond to claims that any Content violates the rights of the
third-parties; or (d) protect the rights, property, or personal safety
of, its organisers and the public.
(x) You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
9. INDEMNITY (Organisers only)
You agree to indemnify and hold the Company and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable legal
fees made by any third party due to or arising out of Content you
submit, post to or transmit through the Service, your use of the
Service, your connection to the Service, your violation of the T&C, or
your violation of any rights of a third party.
10. NO RESALE OF SERVICE (All members)
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
11. MODIFICATIONS TO SERVICE
The Company reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that the Company shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
You agree that the Company, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and
remove and discard any Content within the Service, for any reason
including, without limitation, lack of use or if it believes that you
have violated or acted inconsistently with the T&C. The Company may also
in its sole discretion and at any time discontinue providing the
Service, or any part thereof, with or without notice. You agree that any
termination of your access to the Service under any provision of this
T&C may be effected without prior notice, and acknowledge and agree that
the Company may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further
access to such files or the Service. Further, you agree that the Company
shall not be liable to you or any third-party for any termination of
your access to the Service.
12. DEALINGS WITH ORGANISERS AND SERVICE PROVIDERS
Your correspondence or business dealings with any company found on or
through the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser. You agree that the Company shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such advertisers on
the Service.
13. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because the Company has no control
over such sites and resources, you acknowledge and agree that The
Company is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable for
any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that the
Company shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services available
on or through any such site or resource.
14. ukFAYRES.co.uk PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service (“Software”) contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in advertisements or information presented to you through the
Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws (except as expressly
authorized by the Company or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the
Service. or the Software, in whole or in part.) The Company grants you a
personal, non-transferable and non-exclusive right and license to use
the Software on a single computer; provided that you do not (and do not
allow any third party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not to modify
except with the written authority of the Company the Software in any
manner or form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access to
the Service.
All rights, including copyrights, trademarks, service marks, patents and
other proprietary rights for any software, bespoke or otherwise,
developed by the Company remain the property of the Company, unless
specifically agreed otherwise.
16. THE COMPANY'S LIABILITY
ukFAYRES.co.uk is only an online events directory. This Web Site acts as
a venue for events organisers to post their events to our online
database. The Company does not screen or censor the listings offered. As
a result, the Company has no control over the quality, safety or
legality of the events or information posted, the truth or accuracy of
the listings.
Because user authentication on the Internet is difficult, the Company
cannot and does not confirm that each organiser is who they claim to be.
Because we do not and cannot be involved in user-to-user dealings or
control the behaviour of participants on ukFAYRES.co.uk, in the event
that you have a dispute with one or more organisers, you release the
Company (and our agents and employees) from claims, demands and damages
(actual and consequential, direct and indirect) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes.
We are under no legal obligation to, and generally do not, control the
information provided by other organisers which is made available through
the Web Site. By its very nature, other people's information may be
offensive, harmful or inaccurate, and in some cases will be mislabelled
or deceptively labelled. We expect that you will use caution and common
sense when using this Web Site.
The Material may contain inaccuracies or typographical errors. The
Company makes no representations about the accuracy, reliability,
completeness, or timeliness of the Web Site or the Material. The use of
the Web Site and the Material is at your own risk. Changes are
periodically made to the Web Site and may be made at any time.
You acknowledge and agree that you are solely responsible for the form,
content and accuracy of any availability or material contained therein
placed by you on the Web Site.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE
OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR
OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE
COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY
LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE
WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND
NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES,
SOFTWARE, TEXT, GRAPHICS, AND LINKS.
17. DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES BE
LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR
INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. NOTICE
Notices to you may be made via either email, text message or regular
mail. The Service may also provide notices of changes to the T&C or
other matters by displaying notices or links to notices to you generally
on the Service.
19. WAIVER
Failure or neglect by the Company to enforce at any time any of the
provisions of the T&C shall not be construed nor shall be deemed to be a
waiver of the Company’s rights under the T&C nor in any way affect the
validity of the whole or any part of the T&C nor prejudice the Company’s
rights to take subsequent action.
20. SEVERABILITY
In the event that any of the terms, conditions or provisions of the T&C
shall be determined by a competent authority to be invalid, unlawful or
unenforceable to any extent, such term, condition or provision shall to
that extent be severed from the remaining terms, conditions and
provisions which shall continue to be valid to the fullest extent
permitted by law.
21. JURISDICTION
The laws of England shall govern the T&C and your use of ukFAYRES.co.uk
and the parties hereby submit to the exclusive jurisdiction of the
English courts.
|
|