MEMBERSHIP T’s & C’s in Short
The name of the company is: “VICTORIA APP LTD.”. A company incorporated in England and Wales, (company registration number 11067647) and whose Registered Office is at 119 Marylebone Rd, Marylebone, London, NW1 5PU, United Kingdom, and is the owner of the Website www.victoriatheapp.com as well as the application (or “app”). The VAT registration number (VRN) is 301054371.
The object of Victoria is to create a private community centred around experiences. Members can connect with other creative, driven individuals through inspiring events designed to spark meaningful connections.
The affairs of Victoria shall be managed by the company, its Board of Directors and employees.
The election of all Members shall be at the absolute discretion of the Membership Committee of Victoria.
Membership of Victoria shall consist of Founding Members and Victoria Members.
Other categories of membership may be added as and when the Membership Committee decides. Similarly, certain categories of Membership may be withdrawn at any given time without prior notice by the Membership Committee.
No candidate shall be eligible as a Founding Member or a Victoria Member unless they are 18 years of age.
Upon the election to become a Member, the Membership Manager shall give notice to the candidate and send him/her a copy of the House Rules.
THE MEMBERSHIP COMMITTEE
The Membership Committee shall be nominated by the Board of Directors of the company.
The Membership Committee has full authority, over all matters relating to Membership and its decision shall be final vis a vis the Members.
ELECTION OF MEMBERS
Every candidate for election, must apply to be a Member of Victoria via the application form within the App.
Upon application to become a member, candidates will be placed on a waiting list until the Membership Committee holds an Election Meeting.
Election of Members shall be at the discretion of the Membership Committee; a vote will be held for each candidate.
A candidate shall be declared not elected if two or more Members of the Membership Committee have voted no.
No declaration shall be made either of the number of votes cast or the number who have voted for or against the candidate.
No reason shall be given to any candidate in the event of their non-election.
A successful candidate shall be notified by Email if they have been accepted to become a Member of Victoria.
A current Member can propose a candidate by contacting the Membership Committee in writing email@example.com but are responsible for satisfying themselves and shall give assurances to the Membership Committee that the candidate is a fit and proper person to be a Member of Victoria. The candidate must be known by the proposer.
Any Member may introduce prospective Members, but acceptance of Members is at the discretion of the Membership Committee.
A Member may, with the approval of the company, become a Founding Member on such terms as the Membership Committee may decide.
Founding Members will receive exclusive privileges outlined in the Membership benefits.
Once elected, Members of Victoria will receive access to Member benefits outlined in the Member Benefits section on the Victoria website.
CONDUCT OF MEMBERS
Access to the information provided through Membership to Victoria is for the sole use of Members only.
Every Member of Victoria shall, subject to these Rules and bye-laws for the time being in force, be entitled to use and enjoy (in common with the other Members of Victoria) the privileges provided for the use of the Member.
A Member shall not conduct themselves in a manner likely to cause discomfort, inconvenience or annoyance to other Members, or behave in such a manner as to bring Victoria into disrepute
Members must respect the confidentiality of fellow Victoria members and must not share information about other Members or event attendee information with other people.
As a community, Victoria encourages networking and collaboration, but members must be respectful and not disturb or harass other Members, guests of Members or Victoria employees.
Victoria reserves the right to remove any content posted by a Member within the App or on the website if Victoria believes in its discretion that it violates the Terms of Service, including without limitation, these Terms and Conditions.
Neither the name nor the address of Victoria may be used by Members in connection with any business matters, advertisements or legal proceedings.
Victoria collects candidate’s personal information in order to complete the election process. When applying for membership the personal details in which candidates provide include first name, last name, address, phone number, Email address, date of birth, 3 pictures, information about work. Victoria will also request access to connect to the candidate’s Instagram account. Victoria will also gain access to debit/credit card details and bank account information which is required for the processing of Membership applications and continual membership renewal.
Any personal information that you provide to the Membership Committee and Victoria will be processed in accordance with GDPR regulations.
Each Member is responsible for maintaining the confidentiality of account details for use of the App and are fully responsible for all activities that occur under the account. Members must notify Victoria of any unauthorised use of password or account or any other breach of security.
Every Member of Victoria shall provide an Email address for the receipt of all notices and in the event of change shall notify the Membership Manager. All notices posted to such last given Email address shall be considered as having been duly given, at the time of sending.
If Victoria reasonably believes that any data a member has provided during the application is untrue, in-accurate or misleading, Victoria reserves the right to suspend or terminate the membership and delete the member from the platforms.
Members may, by prior arrangement with Victoria, hold events in association with Victoria.
The company may make bye-laws for the regulation and management of Victoria may amend or revoke any byelaws so made; but no bye-law shall be inconsistent with the terms and conditions outlined here.
Every Member shall be bound by these rules and by any bylaws made.
The Membership Committee shall notify every newly elected Member of the existence of these rules and of any bye-laws then in force; and copies of the rules and bye-laws in force for the time being shall be available at all times on the website.
Each Member shall have the right to terminate the use of Victoria’s products at any time via his/her account settings. Such termination shall be confirmed to the user.
A Member may cancel their Membership to Victoria at any time by initiating the cancellation on the Platform or via the App Store.
SUSPENSION AND EXPULSION
If, in the opinion of the company or the Membership Committee, a Member has persistently infringed the rules or by laws of Victoria or has been guilty (inside or outside Victoria) of conduct prejudicial to Victoria’s interests, the company or the Membership Committee may suspend the Member with immediate effect.
In the case of serious breaches of the rules or serious misconduct the company may at its absolute discretion expel any Member with immediate effect.
The company may refuse admission to Victoria, any person in its absolute discretion and without giving any reason.
All complaints in association with Victoria or its Members shall be made in writing to firstname.lastname@example.org.
A Victoria Member shall not personally reprimand a Member of staff working for Victoria.
Any Member who is of the opinion that any candidate who has applied for Membership would not be a desirable Member shall communicate the objection to the Membership Committee in writing email@example.com but to no other person.
In the event of any dispute between two or more parties, Victoria shall be the sole arbiter of such dispute in its discretion and that Victoria’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
We encourage our members to share comments or ideas with the Membership Committee. Please put them in writing to the attention of the Membership Manager firstname.lastname@example.org.
CHANGES TO MEMBER’S TERMS & CONDITIONS
Victoria reserves the right to amend these Terms & Conditions from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service reasons. At any time, the then-current version of these Terms &Conditions is available for viewing on the website as well as in the app.
FULL TERMS & CONDITIONS
1. Commencement of Terms’ Applicability
These Terms shall be effective from the time that the Member first registers to use the Website or App/or uses the Service. These Terms and shall remain in force until or unless terminated in accordance with these Terms.
In this Agreement the following terms shall unless the context otherwise requires have the following meanings:
Means information, software, photographs, video, graphics, music, sound and other material that appears on the Website or are made available through the Service.
“Intellectual Property Rights”
Means throughout the world all copyrights, database rights, trademarks, trade names, patents and other intellectual property rights created, developed and already in existence.
Means the individual or corporate entity that has registered with Victoria by means of the registration screen on the Website or that uses the Website and/or Service.
Means members and third parties who offer services, known as Host Services.
Means a page of the Website.
Means the Website, Application and any Service we provide collectively.
Means the server used by Victoria to host the Website.
Means the offering of in-app experiences, events and entertainment.
Means these terms and conditions.
Means the website with URL https://victoriatheapp.com or such other URL or URLs as Victoria may in its sole discretion from time to time decide by means of which Victoria may provide the Service.
3. Your Use of the Services
3.1 The Services
Victoria hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and use the Services solely for the purposes of (a) browsing the Services, making connections, viewing and attending events that are registered on the Services;
Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly (A) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (B) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, state, provincial, national or other law, rule or regulation); (C) rent, lease, resell, distribute, use the Services for timesharing, service bureau or other commercial purposes not contemplated by this paragraph or otherwise exploit the Services in any unauthorized or unintended manner; (D) remove or alter any proprietary notices or labels on or in the Services; or (E) engage in any activity that interferes with or disrupts the Services. Any rights not expressly granted in this paragraph are reserved.
By applying to use or by using the Services, you warrant and represent to us that:
- You are at least 18 years old;
- You have the right, authority and capacity to enter into and be bound by these Terms;
- You have not been made subject to a Sex Offender Preventative Order or have/have had a restraining order made against you by the courts of any jurisdiction;
- You have not been convicted of any offence relating to violence or sexual harassment and/or any offence under the Protection from Harassment Act 1997 or the Sexual Offences Act 2003 (or under any statutory enactment replacing and/or amending such Acts); and/or
- You have not been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 or the Sexual Offences Act 2003 (or under any statutory enactment replacing and/or amending such Acts).
5. Account, Password & Security
As part of certain registration processes on the Services, you will create an account or change or add information about your account. You agree (a) to provide true, accurate, current and complete information about yourself, (the “Registration Data”); and (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Victoria reasonably believe that any Registration Data you have provided is untrue, inaccurate or misleading, Victoria reserves the right to suspend or terminate your account and delete you as a user of the Platform. In the event of any dispute between two or more parties as to account ownership, you agree that Victoria shall be the sole arbiter of such dispute in its discretion and that Victoria’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
You are responsible for maintaining the confidentiality of your password and account details and are fully responsible for all activities that occur under your account. You agree to immediately notify Victoria of any unauthorized use of your password or account or any other breach of security.
5.3 Age Restrictions
6.1 Website Content
6.2 Your Content
7. Feedback & Revisions
You hereby acknowledge that (a) any and all suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Victoria by you (collectively “Feedback”); and (b) all improvements, updates, modifications or enhancements, whether made, created or developed by Victoria or otherwise relating to Feedback (collectively, “Revisions”), are and will remain the property of Victoria. All Feedback and Revisions become the sole and exclusive property of Victoria and Victoria may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Victoria any and all right, title and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. You hereby agree to waive any moral rights you may have in any and all Feedback and Revisions, and consent to any act which amounts to an infringement of any such moral right, in favour of Victoria. At Victoria’s request, you will execute any document, registration or filing required to give effect to these provisions.
8.1 Submitting any content to the Website or App that:
- I) contains personal information of users, such as their e-mail and name ("Personal Information"), except when we expressly ask you to provide such information;
- II) violates any national or international applicable laws (including but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation);
- III) offers unauthorized downloads of any copyrighted, confidential or private information;
- IV) impersonates any person or entity, or falsifies or otherwise misrepresents yourself or your affiliation with any person or entity;
- V) possesses or creates a privacy or security risk to any person;
- VI) makes use of offensive language or images;
- VII) contains software viruses or malware or any other computer code designed to interrupt or limit the functionality of any computer software or hardware; or
- VIII) is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
8.2. Attempting to do or actually doing any of the following:
- I) interfering with, disrupting or damaging the service given to any user in any manner, including, without limitation, submitting a virus to the Website or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Website;
- II) engaging in any activity which infringes upon the civil liberty or quiet enjoyment of any other user of the Services or using the Services to do any such thing to another individual;
- III) scanning or monitoring the Website for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data;
- IV) scanning or testing the security or configuration of the Website or to breach security or authentication measures; or
- V) accessing data not intended for you, such as logging into a server or an account which you are not authorized to access.
8.3 Using any of the following:
- I) frames, framing techniques or framing technology to enclose any content included on the Website without our express written permission;
- II) any Website content, including without limitation “Customer Information”, in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
- III) the Website or any of its resources to solicit consumers, activity providers or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Victoria, including, without limitation, aggregating current or previously offered activities; or
- IV) the Website or any of its contents to advertise or solicit any content with commercial, political or religious purposes.
8.4 Collecting any of the following:
- I) personal Information, “Customer Information”; or
- II) content from the Website, including, but not limited to, information in connection with current or previously offered activities; with the aim of featuring such content to consumers in any manner that diverts traffic from the Website without our express written permission.
8.5 Engaging in any of the following:
- I) tampering or interfering with the proper functioning of any part, page or area of the Website or any functions or services provided by Victoria;
- II) violating the restrictions in any robot exclusion headers on the Website or bypassing or circumventing other measures employed to prevent or limit access to the Website;
- III) reselling or repurposing your access to the Website or any purchases made through the Website;
- IV) using Services for solicitation or prostitution;
- VI) taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- VII) accessing, monitoring or copying any content from the Website using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;
- VIII) aggregating any current or previously-offered activities or other content or information from the Website (whether using links or other technical means or physical records associated with purchases made through the Website) with material from other websites and publishing it neither on our Website nor on a secondary website without our express written permission;
- IX) deep-linking to any portion of the Website without our written permission;
- X) hyperlinking to the Website from any other website without our written consent; or
- XI) acting illegally or maliciously against the business interests or reputation of Victoria and/or its subsidiaries or affiliates, including without limitation., our activity providers or our services.
9. Certain Remedial Rights
10.1 Third Party Websites
10.2 Linked Accounts
As part of the Services you may be able to link an account you have with a third party service, such as a social media website (e.g.: Facebook, Instagram or Linkedin). By linking such third party account, you agree that Victoria may access, make available to and store any Content that you have provided to and stored in such third party account so that it is available on or through the Services.
The Website and its content are delivered on an "as-is" and "as-available" basis. Victoria disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. Victoria does not promise that the Website will be error-free, uninterrupted, or that it will provide specific results from use of the Website or any content, search or link on it. Victoria cannot ensure that files you download from the Website will be free of viruses or contamination or destructive features. Victoria will not be liable for any damages of any kind arising from the use of this Website, including without limitation, direct, indirect, incidental and punitive and consequential damage. Victoria makes no guarantee of any specific result from use of this Website or use of the Victoria service.
12. Members’ Warranties and Representations
12.1 The Member warrants to Victoria that its use of the Service shall:
- 12.1.1 not be in breach of any contractual, statutory or common law rights of any third party (including but not limited to infringement of Intellectual Property Rights, data protection, defamation, theft, fraud, drug-trafficking, money-laundering and terrorism statutes);
- 12.1.2 not entail the obtaining or attempting to obtain, the Service by re-arranging, tampering with, or connecting with any facilities of Victoria, or by any trick, scheme, false representation or by or through any other fraudulent means whatsoever;
- 12.1.3 not entail the obtaining, accessing, altering or destroying any one or more from the data files, programs, procedures and information of Victoria or of another Member
- 12.1.4 not interfere unreasonably with the use of the Service by any other Member or authorised person;
- 12.1.5 not be threatening, fraudulent, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable or inappropriate as determined by Victoria at its sole discretion; and
- 12.1.6 The Member warrants that all the information that it supplies to Victoria shall be accurate, complete and true in all respects and the Member agrees that it shall notify Victoria immediately of any changes to such information or if such information becomes out of date.
- 12.1.7 Breach of any of these warranties shall result in the Member being banned from using the Service by Victoria acting in its sole discretion, without prejudice to any claim or rights Victoria may have relating to such breach.
13. Exclusion of Warranties / Limitation of Liability
- 13.1 No liability for attending Events/Experiences: The Member acknowledges and accepts that Victoria is purely a platform for Member to make Connections / Attend Events and Experiences. Victoria does not have any control over any Host or Event/Experience, or the service provided by such Host, and accordingly takes no responsibility for damages, injury or loss of any kind incurred by the Member from attending an Event/Experience, or a Member being refused access to an Event/Experience for not complying with the Event/Experience regulations.
- 13.2 The Service is provided "as is" without any warranty of any kind either express or implied. On occasion the Service may be interrupted or suffer technical errors due to factors beyond our control. Victoria shall use reasonable endeavours to rectify any issues. Victoria monitors its systems to ensure that all automated facilities may be available for ‘Out of Hours’ service, however this is not a given.
- 13.3 Victoria (including its directors, employees or other representatives) will be not be liable for loss of profits; loss of business or revenue; consequential damages; depletion of goodwill or similar losses; loss of anticipated savings; loss of goods; loss of use; loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses in connection with the use of the Service.
- 13.4 Notwithstanding the foregoing, none of the exclusions or limitation in this clause are intended to limit any rights a Member may have as a consumer under local law or statutory rights which may not be excluded, nor in any way exclude or limit Victoria's liability to a Member for fraud, or death or personal injury resulting from Victoria's negligence or that of Victoria's employees or agents.
14. Other Services
Failure or neglect by Victoria to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of Victoria’s rights hereunder nor in any way affect the validity of the whole or any part of these Terms nor prejudice Victoria’s rights to take subsequent action.
Neither these Terms nor the benefit of the Service may be assigned or transferred by the Member whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of Victoria, and Victoria reserves the right to charge for any time or costs incurred by its staff in so doing. No such assignment by the Member howsoever occurring shall relieve the Member of its obligations hereunder.
Victoria is entitled to assign or transfer any or all of its rights and obligations under these Terms or the benefit of the Service at any time without the need for any consent from any Member.
17. Entire Agreement
These Terms supersede any arrangements, understanding, promises or agreements made or existing between the parties here to prior to these Terms in respect of the Service and constitute the entire understanding between the parties hereto regarding the same. Except as otherwise provided herein, no addition, amendment to or modification of these Terms shall be effective unless it is in writing and signed by and on behalf of both parties.
Victoria, the website, app and design are registered trademarks of VICTORIA APP LTD. All rights reserved.
19. Validity of Terms
If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforcability of the remaining provisions.
19.2 Updates to these Terms
We reserve the right to update, modify or discontinue the Terms, at any time. If we modify the Terms, we will give you notice and post the modification on the Victoria Site, Application, or Services. By continuing to access or use the Services after the modified Terms becomes effective, you are indicating that you agree to be bound by the updated terms. If the modified terms are not acceptable to you, your recourse is to stop using the Services.
Unless you reside in Germany, if you or we terminate the Terms, the clauses of these Terms that reasonably should survive termination of the Terms will remain in effect. When the Terms are terminated, you are not entitled to a restoration of your account (if your account is cancelled) or of the Member Content.
Terms & Conditions for Events Specifically
20. Terms for Listing Experiences / Events
To list an Experience, Event or other Host Service, you must create a Listing and submit the Experience, Event or Host Service to Victoria. Experiences must at all times meet these quality standards:
20.1 Hospitality: Hosts are friendly and welcoming to strangers or guests, and are able to facilitate connections between them.
20.2 Expertise: Hosts have skill or knowledge pertaining to the particular field relating to the experience.
20.3 Accuracy: Hosts must provide complete and accurate information about their experience, including the itinerary, time and date, meeting location, what they’ll provide to guests, etc.
20.4 Victoria serves the right to decide, in its sole discretion, whether a submitted Experience, Event or other Host Service will be published on the Victoria Platform. Once published, an Experience, Event or other Host Service may be removed pursuant to the removal provisions below or pursuant to any applicable removal provision in the Victoria Terms of Service.
25.5 When listing an Experience, Event or other Host Service you must, where applicable, fully educate and inform Guests about:
- (a) Any risks inherent to the Experience, Event or other Host Service
- (b) Any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements
25.6 Anything else they may need to know to safely participate in the Experience, Event or other Host Service (including dress codes, equipment, special certifications or licenses, etc.).
25.7 Once your Experience, Event or other Host Service is published on the Victoria platform, you will have the ability to add dates and times when you offer your Experience through the Victoria Platform. By making your Experience, Event or other Host Service available for a particular date and time on the Victoria Platform (an “Instance”), you agree that only people who book through Victoria can attend that Instance of the Experience, Event or other Host Service. You further agree that you will not allow people to attend any Instance of your Experience, Event or other Host Service available on the Victoria Platform unless that person booked through Victoria (or was added as an additional Guest for a spot booked through the Victoria Platform).
21. Additional Experience Host Responsibilities
You are responsible for:
21.1 understanding and complying with all laws, rules and regulations that may apply to your Experience, Event or other Host Service(s)
21.2 obtaining any required licenses, permits, or registrations prior to providing your Experience, Event or other Host Service(s)
21.3 ensuring that your Listing and/or Hosting of an Experience, Event, or other Host Service(s) will not breach any agreement you may have with any third party.
21.4 You must provide your Experience, Event or other Host Service in person and may not allow any third party to provide the Experience, Event or other Host Service on your behalf, unless authorized by Victoria.
22.1 Email Tools
Victoria may make available to you features and tools that allow you to contact other users of the Services or third parties via Email (the “Email Tools”). In the event that you use these Email Tools, you represent, warrant and agree that:
22.1.2 Your use of the Email Tools is in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and Email;
22.1.3 Your use of the Email Tools will be solely to manage a bona fide event that you have listed on the Services;
22.1.4 You will not use false or misleading headers or deceptive subject lines in Emails sent using the Email Tools;
22.1.5 You will identify the Email message as commercial in nature;
22.1.6 You will not hide, disable, remove, or attempt to hide, disable or remove the unsubscribe link included on every Email.
23. Members’ Warranties and Representations
23.1. The Member warrants to Victoria that its use of the Service shall:
23.1.1. not be in breach of any contractual, statutory or common law rights of any third party (including but not limited to infringement of Intellectual Property Rights, data protection, defamation, theft, fraud, drug-trafficking, money-laundering and terrorism statutes);
23.1.2. not entail the obtaining or attempting to obtain, the Service by re-arranging, tampering with, or connecting with any facilities of Victoria, or by any trick, scheme, false representation or by or through any other fraudulent means whatsoever;
23.1.3. not entail the obtaining, accessing, altering or destroying any one or more from the data files, programs, procedures and information of Victoria or of another Member;
23.1.4. attempting and/or assisting another to perform the acts prohibited in 23.1.2 and 32.1.3 above;
23.1.5. not interfere unreasonably with the use of the Service by any other Member or authorised person;
23.1.6. not be threatening, fraudulent, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable or inappropriate as determined by Victoria at its sole discretion; and
23.2. The Member warrants that all the information that it supplies to Victoria shall be accurate, complete and true in all respects and the Member agrees that it shall notify Victoria immediately of any changes to such information or if such information becomes out of date.
23.3 Breach of any of these warranties shall result in the Member being banned from using the Service by Victoria acting in its sole discretion, without prejudice to any claim or rights Victoria may have relating to such breach.
25.1 Your access to and use of the Website is subject to these Terms and Conditions. By using the website you will be deemed to have accepted these Terms and Conditions and everything they contain in addition to any applicable terms and conditions of business and policies on the website. If you do not accept these Terms and Conditions you must immediately stop using the Website.
25.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
26. Website Use
26.1 Our website is a venue and facilitator bringing together Members. Our role is to bring together Members and to facilitate personalised experiences which members may then choose to attend.
26.2 Full use of this Website and contents of the Website will only be for members who are signed in and do not disable cookies. If you are not registered or disable cookies you may be able to view some of the Website, but may not be able to fully participate.
26.3 Use of the Website is by licence only and you acknowledge and agree that all copyright, trademarks and all other Intellectual Property Rights in all materials and/or content made available as part of your use of this Website shall remain at all times vested in us or our licensors.
26.4 In addition to all the other clauses, as a user you agree that you will solely be responsible for your use of the Website and that you will use the Website and services legally and only for the purposes for which they are intended to be used and will not misuse it in any way, and specifically, although not exclusively, you:
- (a) will not reproduce the Website nor any content or part thereof, unless you have our explicit written permission.
- (b) will not use any harmful component, including but not limited to, virus, worm, Trojan horse, time bomb or any such code that could destroy and/or contaminate.
- (c) will abide by any laws applicable to this Agreement or the operation of it.
- (d) will not use in particular any material or content we deem to be harmful, illegal or offensive; cause any infringement of intellectual rights and copyright; or use the services for illegal purposes such as fraud or in any other crime. However, all and any misuse is included.
26.5 You confirm that you will not interfere or attempt to interfere with the proper working of the Website nor any activities conducted on it, nor any part of the content.
26.6 You acknowledge that all uploads, whether posted publicly or transmitted privately, are the sole responsibility of the person or organisation from whom such upload content originated.
26.7 The main role of the Website and App is as a membership community and events service. By using the Website you acknowledge this and agree that you use the Website entirely at your own risk.
26.8 You are aware that when you agree to buy from or sell to other users or third parties that you are entering into a separate agreement with that person or organisation which has nothing to do with us and you must make yourself aware of the terms of any such agreement.
26.9 (a) We are not responsible for any upload, and consequently products for sale. We do not check, control or endorse nor take responsibility for any upload and cannot guarantee the acceptability, safety, legality, accuracy, integrity or quality of any products for sale and have no liability for it you specifically acknowledge this. You understand that you can not assume that the offer, sale or purchase of any products on the Website is legal and valid.
26.9 (b) Reviews/feedback is merely another person’s or organisation’s opinion or point of view. Whilst you may wish to consider any feedback please bear in mind that it
- (i) will not form part of any agreement which you may make with another user or third party, unless you explicitly agree to make the recommendations part of your agreement and
- (ii) it does not form an endorsement, guarantee or warranty from us, particularly regarding, but not limited to the acceptability, safety, legality, accuracy, integrity or quality of any user or user’s products, and you specifically agree we have no liability in this regard.
26.10 It is always your sole responsibility to meet all of your obligations to others when using the Website and to comply with any obligations when you buy and sell and enter into an agreement with another website user.
26.11 If you find other users’ information to be inaccurate, deceptive, or in any way cause you concern then we encourage you to take this up with the user or advertiser involved.
26.12 Use of any discount vouchers, codes, special offers, promotions or other “offers” which may be made available from time to time are subject to availability and only available at our sole discretion and subject to all conditions of compliance with such offer. Such offers cannot be exchanged for cash and each offer cannot be used in conjunction with any other offer. The rights to cancel, withdraw or change the Terms and Conditions of any such offer at any time are reserved.
26.13 To the extent that the law allows, all implied warranties, conditions or other terms (whether implied by statute or otherwise) are excluded. Furthermore, you hold us absolutely free of all liability and responsibility for any actions or results or adverse situations created as a direct or indirect result of any specific uploaded data or information shown on the Website.
27. Supply of Website & Other Services
27.1 Whilst we will use our reasonable endeavours to supply the Website by ensuring it is available on the internet, we shall not be responsible for any failure to provide the Website or any services, or for any unavailability. The Website is available on an “as is” and “when available” basis. We reserve the right, without any liability, to terminate the Website or alter the Website and its contents without prior notice.
27.2 We cannot guarantee that the services will be uninterrupted, secure or error-free. Particularly, there are inherent problems in the use of the internet and we will not be responsible for any interruption, losses or consequences whatsoever, including any tampering or hacking, nor for any browser crashes which may result in data loss whilst using our services.
27.3 In addition we make no warranty against electronic virus, worms or any other defect or problems which may occur in respect of any viewing or use of the Website. We will not be responsible for any loss or damage whatsoever caused resulting from a failure to provide or where a virus or defect occurs as a result of any Email attachment or document we send to you.
27.4 We make every effort to ensure that anything displayed on our Website, including any content, is displayed as accurately as possible but cannot be responsible for variations. What you see (particularly in so far as colours and shapes are concerned) depends on your monitor and settings and we cannot guarantee that this will be accurate.
27.5 We reserve the right to suspend the services where necessary and particularly, but not exclusively, for repair, maintenance or improvement.
27.6 You may terminate use of the Website without giving us prior notice, however, you will still be responsible for fulfilling any obligations incurred whilst you were a registered user.
28. Third Parties
The Website may include links etc to third parties, including those who also offer you products and services (e.g. payment services). When you click on any links you may be forwarded to websites relating to third parties. We do not recommend, endorse nor have any control or responsibility over the third parties or any such websites. You are aware that you will enter into a separate agreement which has nothing to do with us and you must make yourself aware of the terms of such agreement. You specifically confirm that we can not be held liable in this regard.
29. Uploading onto the Website, Feedback and Acceptable Use
29.1 All users specifically agree and confirm that:
- (a) you are both expressly and solely liable for anything which you provide to us or upload onto the Website, or which you allow anyone to provide or upload on your behalf and will not abuse any such facility and will never use the Website in any way that could damage, disable, overburden or impair the Website or interfere with any other user’s use or enjoyment of the Website
- (b) any upload or any data, information or documents which you upload or pass to us have been checked by you as being accurate in fact and content and that anything uploaded and/or provided to us does not breach any copyright, intellectual property or any rights of any third party, whatsoever in nature, and is not contrary to any law.
- (c) you are the sole owner and holder of all rights in anything you provide to us or upload to the Website, or that you have the express permission of any other person or organisation who holds any rights whatsoever, to upload and use it in this way.
- (d) You therefore specifically agree that we have no liability and furthermore you will indemnify us for any loss relating to any actual or alleged breach of this Clause
29.2. Users should only upload information, and this includes all feedback, which we deem acceptable onto the Website. Acceptable includes, but is not limited to, uploads which are fair, true and accurate and comply with all our policies. Uploads which are misleading, discriminatory or breach any law or other person’s or organisation’s rights are unacceptable. All users specifically agree that anything they upload (or allow to be uploaded using their account/details), including any feedback, onto the Website, in any form:
- (a) will be honest, accurate, not misleading or false and will not amount to any fraud or misrepresentation and will not impersonate any person or entity for the purpose of misleading others.
- (b) will not breach any copyright, intellectual property or the rights of any third party (including disclosing personal and/or confidential information) whatsoever in nature,
- (c) will not be, nor possibly be perceived to be, threatening, defamatory, libellous, discriminatory (in any form), malicious, offensive, against public decency, nor abusive, offensive or obscene in either language or content nor incite such behaviour in others.
- (d) will not otherwise harass or invade the privacy of any individual or organisation.
- (e) will not contain any restricted or ‘password-only access’ page, or hidden pages or images (those not linked to or from another accessible page).
- (f) will not be, nor be perceived to be, pornographic.
- (g) will not do anything which reflects unfavourably on the goodwill and reputation of any of our Members, Suppliers or other users.
- (h) will not distribute or disseminate products, material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement).
- (i) will not incite, promote or instruct as to any conduct as described above or which promotes any breach of these User Terms and Conditions or any law and which will not in any way be illegal or contrary to any law.
29.3 All users agree that they will not take any action nor fail to take action, as appropriate, that will in any way undermine any feedback system or sharing of reviews, experiences, opinions, statements, recommendations, and any information.
29.4 We do not tolerate unsolicited commercial communications, any junk mail, chain letters, unsolicited mail such as Spam or other such similar conduct, commercial or otherwise, and you confirm that you will not engage in any such activity. URLs are allowed providing the link is relevant, useful and necessary.
29.5 All users agree that any upload onto the Website that they make can be freely used, copied, published, translated and distributed in any medium and in any form including for advertising and promotional purposes, by us and any other person or organisation, without the user’s express permission and that it will not be subject to any copyright unless specifically marked as such by ©. Please also refer to clause 8 following.
29.6 All users understand that we reserve the right, where necessary, to inform the appropriate authorities (such as the police) if we deem any upload to breach any law or, as appropriate, our Terms and Conditions.
29.7 We always advise you to retain up to date copy/back-ups of any upload. It is not our responsibility to retain any back-up or copies and we cannot accept any responsibility whatsoever and will not be liable for any losses, claims or damages which may arise.
29.8 All users specifically agree that we have no liability with respect to this and furthermore you will indemnify us for any loss.
30. Uploading Onto The Website - Licence To Use
When you upload anything onto the Website, the original ownership rights remain but you do specifically agree that we have a non-exclusive, worldwide, and payment and royalty-free sub-licensable licence for the whole of any period to display the upload and to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your upload or any part thereof as necessary solely for the purposes of displaying your upload and operating the Website. This Licence will be terminated when such content is entirely deleted from the Website. You also waive all moral rights you have in the content to the fullest extent permitted by law.
31. Our Intellectual Property
31.1. The Website and all the basic content (including text, images, marks or trademarks and logos) with the exception of any feedback experiences, opinions, statements, recommendations, data and information uploaded on the Website by individual users and advertisers, is subject to copyright which belongs to us. This means that users can simply use the Website, but this does not convey to you any rights of ownership, nor any rights to use or display the copyrighted information in any way. Likewise, there is no partnership, joint venture, agency, employment or any other form of relationship between any Website user and us.
31.2. Specifically, all users agree that you will solely be responsible for your use of the Website and without our express agreement in writing specifically for that user, they will not breach any copyright in so far as information, text, images, content, materials, and anything whatsoever supplied to you or available from us. This specifically means you will not, nor will you assist any other person or organisation, as to either all or any part of material, content or otherwise, to download, copy, assign, transmit, publish, display (including in any way publicly display), use, reproduce, distribute, modify, make derivative works of or create Internet “links”, frame, reverse engineer, to the Website or any part of it, without our express permission in writing, including use of our name and any copyrighted or trademarked content.
32 Liability Disclaimer
32.1. To the extent that the law allows, we will not be held responsible for any direct or indirect loss, incidental or consequential damage, or loss (economic or otherwise), any punitive or exemplary damages, any loss of reputation or goodwill or business opportunities or contact, or business interruption, however it arises, including out of negligence relating to or in any way connected to any use (unauthorised or otherwise), purchase or sale of products, errors, mistakes, accident, theft or fraud, destruction, or any part of the provision of the Website or these Terms and Conditions.
32.2 Any other user, Supplier or advertiser arising from that user’s/ Supplier’s/advertiser’s use of the Website, then you agree to pursue that right, claim or action independently of and without recourse to us. You specifically release us from all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with such right, claim or action and agree to completely indemnify us in respect of any such involvement.
33. Privacy & Data Protection
33.1 Any data that we collect will be used and stored in accordance with current Data Protection legislation in England.
You specifically agree to completely indemnify us against all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with your breach of these Terms and Conditions or your use of the Website, including any upload submitted, posted or transmitted through the Website.
35. Queries, Complaints, Notices
35.1. Complaints about the Membership Services will be dealt with in accordance with our membership terms and condition. Complaints about Supplier Services and products should be addressed directly to the Supplier involved. Please also let us know if you are dissatisfied with a Supplier.
35.2. We aim to respond to any other complaints and queries within 7 working days.
35.3. We operate on a “notice and takedown” basis. If you have any complaints or objections to any Website upload, including any feedback, and/or content whatsoever, or if you believe that anything infringes any right you hold, please contact us immediately by Email at email@example.com Once this procedure has been followed, we will use our reasonable endeavours to remove illegal or otherwise improper content within what we deem to be a reasonable time period.
35.4. If any complaint may amount to a breach by us, then you must allow us 30 days to remedy that breach.
35.5. Any Notices must be sent by Email or to the address which appears above. We will use the last Email or address which you provide to us. Unless the contrary is proved, Notices sent by e-mail will be deemed to be received on the day they were sent. Notices sent by post must be served using Royal Mail Special Delivery or other guarantee services and will be deemed to have been received on the date that Royal Mail obtains a record of receipt from or on behalf of the addressee.
35.6. Without limiting any other remedies, we may terminate, suspend or limit your use/registration/account at our absolute discretion, either with or without notice. This would occur particularly where we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to breaches of any of the Terms and Conditions.
35.7. We also reserve the right to cancel, take-down, delete or otherwise remove any advertisement or any upload, feedback, experiences, opinions, statements, recommendations, ratings, and information provided by other users or advertisers or any links to other websites or other information which is made available through the Website, without giving reason and in our absolute discretion.
35.8. If we do not act upon any breach immediately, you should not assume that we have waived any rights as to enforceability or to seek redress, unless we have expressly stated that in writing.