friends in the city - dedicated to bringing people of different origins together

1. DEFINITIONS

The following words shall have the following meanings throughout these Terms & Conditions:

“Agreement” means the agreement between You and Us taking these terms and conditions into account for the provision of these services.

“Liability” means the liability for any and all damages, claims, proceedings, actions, awards, expenses and any other losses and/or liabilities.

“Service” means the service provided by Us to You including, but limited to, Us allowing You to browse the contents of the site, to join the site, post information onto the site and to contact and/or be contacted by others through the site by whichever method we may make available to you from time to time.

“Profile” means the section of the website that is written by you and contains details about you, your preferences, your photograph and/or other details about you.

“We, Us, Our” means Friends in the City Ltd, P.O. Box 158, Kent, DA14 6YB

“You, Your, Yourself” means the person whose application for membership is accepted.

“User” means any person who browses the site

“Post” means publish, display, exhibit, disclose, distribute, transmit or in any other way reproduce information, details and/or any other materials on the website

“Website, Site” means our URL at www. friendsinthecity.net (or such other URL’s as we may from time to time decide to use)

“Intellectual Property Rights” means all copyright, design rights (registered and unregistered), trade marks (registered and unregistered) patents, rights over the website database and any other similar rights wherever they may exist in the world together with the right to apply for protection of the same

2. ELIGIBILITY

By accepting these Terms & Conditions you agree and represent to us that you:

Are over 18 years of age
Have not been convicted of any offence under the Protection from Harassment Act 1997 (or any other statutory enactment replacing or amending such Act)
Have not been convicted of any offence relating to violence and/or have not been subject to any injunction or order to pay damages under the Protection of Harassment Act 1997 (or any other statutory enactment replacing or amending such Act)

3. BASIS OF CONTRACT

These Terms & Conditions (as amended by us from time to time) shall serve as a legally binding Agreement between You and Us for the provision of services and shall govern the Agreement between You and Us to the exclusion of any other Terms & Conditions and you agree to be bound by these Terms & Conditions (as amended by us from time to time).

These Terms & Conditions” (as amended by us from time to time) shall supersede all other Terms & Conditions and should be deemed as having replaced all other Terms & Conditions that may have previously been notified to You. We reserve the right to amend and/or vary these Terms & Conditions at any time and posting the amendments and/or variations onto the page entitled Terms & Conditions on the website

Our employees, sub-contractors, and/or agents are not authorised by us to make any representations and/or warranties concerning the service unless we have confirmed the same in writing and you acknowledge that you do not now and will not at any point rely on any representation and/or warranty that has not been made in accordance with these express conditions

You will not have the facility to use the e-mailing facility on the site and the other forms of contact that we may from time to time adopt (save where we expressly allow in our absolute discretion from time to time by posting notice of the same on the site) unless and until we have received payment.

4. TERM OF CONTRACT

The Agreement will not come into effect except and until your application for membership has been reviewed and accepted expressly by way of an e-mail confirmation to that effect.

The Agreement shall remain in full force and effect while you use the website and/or are a member. You may terminate your membership at any time and for any reason by sending us an e-mail to that effect.

We may terminate your membership at any time for any of the reasons contained in paragraph (6) below and/or for any other reason that we may in our absolute discretion deem appropriate by sending you an e-mail to that effect to the e-mail address that you provided to us upon registration with the service.

5. SUBSCRIPTION

The price of the service shall be displayed on the Take a Tour page on the website and/or such other place as we may from time to time decide and shall be inclusive of all applicable VAT.

All sums due under this Agreement shall be paid by you by the means specified in the payment pages within the website without any deduction, set-off, counterclaim or without withholding any payment or part thereof for any other reason whatsoever. Payment shall not be deemed to have been made until such time as we have received either cash or cleared funds in respect of the full amount outstanding.

Any party may terminate this Agreement at any time for any reason and such termination shall take effect upon such party sending written notice of the same to the other party. Cancellation and/or termination of this Agreement by You or Us for any reason and at any time shall not entitle you to a refund of any monies paid.

6. CONTENT POSTED ON THE SITE

By accepting these conditions you understand and agree that We may review, delete and/or amend any content that you provide Us including but not limited to information contained in your profile, your photo and/or messages that in Our sole judgment is or has the potential to be offensive, illegal, harmful, threatening, dangerous or for any other reason may put at risk the safety of our members and/or for any other reason may violate the terms of this Agreement.

You are solely responsible for the content that you publish on the site and hereby represent and warrant that you will not:

Post your personal details onto your profile such as Your telephone number, address, e-mail address and/or URL or any other information which would allow other members and/or users to contact You directly;
Post content that promotes racism, bigotry, hatred and/or physical harm of any kind against any individual or group;
Harass or advocate harassment of another person, corporation, business or any other legal entity;
Transmit unsolicited mail, chain letters, spam, or mass mailing;
Promote information that you know is false and/or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
Post or promote an illegal or unauthorised copy of another person’s copyrighted work;
Promote or provide material that exploits people under the age of 18 years in a sexual, violent or in any other way inappropriate manner, or solicit personal information from anyone under the age of 18;
Provide instructional information about illegal activities such as making or buying illegal weapons, violating the privacy of any other person, company or group or the creation of computer viruses;
Solicit passwords or personally identifying information for any commercial or unlawful purposes from other members and/or users
Involve any commercial activities and/or sales without prior written consent including but not limited to contests, advertising and/or any other activities of such nature;
Breach, infringe, violate or in any manner act in a way that is contrary to any law, by-law, statute and/or regulation or any other parties’ rights including, but not limited to Intellectual Property and Privacy rights;
Assign, transfer, part with or in any other way allow any other person to use, Your membership; We reserve the right to take appropriate legal action in our sole discretion against any person and/or other legal entity that violates the provisions of this Agreement.

7. NON COMMERCIAL USE BY MEMBERS

The site is for the personal use of individual members only and may not be used in connection with any commercial endeavours. Organisations, companies and/or any businesses of any kind may not become Members and should not use the service or the website for any purpose. Illegal and/or unauthorised use of the website, including but not limited to any attempts to collect usernames and/or e-mail addresses from Members by electronic or other means for the purpose of sending unsolicited e-mails or linking to the website shall be investigated and appropriate legal action will be taken, including but limited to civil, criminal and injunctive redress.

8. INTELLECTUAL PROPERTY RIGHTS

We own and retain absolutely all Intellectual Property rights in the website and the service. The website contains copyrighted material, trademarks and other proprietary information belonging to Us and you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information except where you have been given express written permission so to do.

You warrant and represent to Us that the information is posted by you and that you are the sole author thereof. You assign to Us with full title guarantee all copyright in Your profile and you waive absolutely any and all moral rights to be identified as the author of Your profile or any similar rights in any and all jurisdictions.

9. CONFIDENTIALITY

By agreeing to these Terms & Conditions, you warrant and represent to Us 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 for information which is in the public domain or is required to be disclosed by law.

10. YOUR PROFILE

You acknowledge and agree that other members and/or Users will have the right to view your profile and you disclose to other Members or Users information via your profile any confidential and/or sensitive information entirely at your own risk.

You warrant and represent to us that the information you post on your profile will be accurate and true, complete, and not misleading and that it will be regularly updated by You so that it remains true, complete and not misleading. We reserve the right to review your profile from time to time and to amend and/or delete any information therein contained that, in our sole and absolute discretion, we consider ought to be amended and/or deleted.

11. GUARANTEE

The service is provided in its current form and We do not guarantee that the service or any singular element thereof will meet your requirement, purpose and/or expectations. We do not warrant that any material and/or information provided in the service are accurate. We do not provide any warranty in respect of the service, results, availability and/or uninterrupted access to and/or use of the service.

We do not warrant that the information contained in any profile is accurate and not misleading and we are under no obligation to verify any information contained within any profile. Prior to acting upon any information within any profile you should if in any doubt carry out such investigations to satisfy yourself as you may deem necessary.

12. LIMITATIONS ON LIABILITY

We shall have no liability for any defect in the Service caused or contributed by You or any other Member. We shall have no liability to You if any monies owed by You to Us have not been paid in full by one of our prescribed methods of payment as shall be published on the website payment page.

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 give us such reasonable opportunity we shall not be liable to you.

You shall produce to Us written evidence of any claims for which it is alleged that we are liable as well as details in writing as to how we are alleged to have caused the losses and details of the steps you have taken to mitigate your losses prior to Us having any Liability to You.
We shall have no Liability arising from the use of the service and/or your reliance on any information or material posted by other Members either on the site or posted directly to you via e-mail or any other means of communication that we may from time to time introduce in the service. Should other users and/or Members, authorised or unauthorised, obtains and misuse information and/or material about You we shall have no Liability arising from that user of Member’s unauthorised use of such information and/or material.

We shall have no Liability to You for any consequential losses including, but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs and or service interruptions.

We shall have no liability to you for economic loss or any similar losses.

We shall have no liability to you for special damages and indirect losses.

We shall not be liable to You to the extent that you have cover under an insurance policy and it and you shall ensure that Your insurers waive any and all rights of subrogation that they may have against Us.

You have a duty to mitigate any loss, damage, costs or expenses that You may suffer.

Our total Liability to You under or arising from this Agreement shall not exceed £900, or five times the monies paid by You for the service (if any) under that Agreement, whichever is the higher.

Each separate exclusion and/or Limitation herein contained shall be deemed to be repeated as a separate provision for each of:

Nothing in this Agreement shall exclude Liability for death or personal injury or any other Liability which cannot be excluded by law.

Your statutory rights when acting as a consumer are not affected by any provisions contained in this Agreement.

We shall have no Liability for any events and/or matters arising which are outside our reasonable control including but not limited to acts of God, war, fire, flood, labour disputes, strikes, lock-outs, rioting, civil disturbances, malicious damage, explosions, actions by the Government and any other events of this nature.

13. INDEMNITY

You agree to indemnify Us, our affiliates, officers, agents, and any other partners and employees from any loss, liability, claim, demand (including reasonable legal costs and increased administration costs) made by any third party or parties due to and/or arising from Your use of the service in contravention of this Agreement, and/or arising from any tortuous act and/or omission, breach of contract, breach of statutory duty or breach of any of the representations and warranties herein contained.

14. MISCELLANEOUS TERMS

This Agreement shall form the entire agreement between You and Us and should a competent tribunal or authority hold that any provision of this Agreement shall be invalid the remainder of this Agreement shall continue to be in full force and effect.

No third party shall have any rights to enforce this Agreement.

No waiver by Us of any breach of any provision of this Agreement should be regarded a waiver of any subsequent breach of that and/or any other provision of this Agreement.

This Agreement shall be governed by and interpreted in accordance with the Laws of England and the parties agree to submit to the non-exclusive jurisdiction of the English courts.