Terms Of Use

BACKGROUND

This website is an online service designed for people to make friends, chat, date and find out what is happening in local clubs and bars. The terms and conditions set out below are applicable to all users.

1. DEFINITIONS

The definitions and the rules of interpretation in this clause apply in this Agreement and the Background.

AGREEMENT means the agreement between You and Us which incorporates these terms and conditions (as amended from time to time) for the provision of the service.

INFORMATION means all content uploaded onto the website, software, data, text, photographs, graphics, sound and video.

INTELECTUAL PROPERTY RIGHTS means any patent, copyright, registered design, unregistered design, right, trademark or industrial or intellectual property owned by or used by Us (whether under licence or in Our own right) existing anywhere in the world in respect of service together with any current applications for any registerable items of the foregoing.

LIABILITY means any liability with arising in contract, tort, public or private law of any kind and any damages, claims, proceedings, actions, expenses, costs and other losses or liabilities;

USER means any person who is a visitor or is a registered member.

VISITOR means any person who is not a member but who browses the website.

STANDARD MEMBER means a person who has registered on the website free of charge and who may make a search, view and rate photographs of other members but may not post information or create profiles.

FULL MEMBER means a paying registered member who may make searches, rate photographs of members, view profiles, see if other members are online, contact members through Our “communicator” facilities, send virtual kisses, use the members guest book, upload video and audio information within their ‘member menu’ (control panel).

POST means display exhibit, publish, distribute, transmit, upload and or disclose any information whether in electronic format or otherwise on the website or otherwise in connection with the service.

PROFILE means the section of the service which contains photographs and or other information about you.

SERVICE means the service provided by Us to You including but not limited to Us allowing You to browse the website, contact and be contacted by other members through the website, rate other members photographs, send virtual kisses, use the guest book and upload information.

WE, US, OUR means Perry Deare Enterprises Limited registered office Cobalt House, Centre Court, Sir Thomas Longley Road, Rochester, Kent, ME2 4BQ

WEBSITE means Our website at URL www.saw-u-there.com or such other URL that We may be use from time to time 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.

Any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision and any provision as from time to time amended, extended or re-enacted.

2. ELIGIBILITY

2.1 In applying to become a member You warrant and represent to Us that You are over 18 years old and;

2.1.1 You have never been convicted of a crime of violence and or any offence under the Protection from Harassment Act 1997.

2.1.2 You have not been made subject to any civil injunction or ordered to pay damages for harassment under the Protection from Harassment Act 1997 or under the general law.

3. LEVELS OF SERVICE

The website provides three levels of service as set out below:

3.1 Visitors are users who may make a search, use or rate photographs of members, but not authorised to post information or create a profile;

3.2 Standard members are users who are non paying members who may make a search, view and rate photographs of members and may view profiles but may not post information or create profiles;

3.3 Full members are users who are paying members and who may make searches, rate photographs of members, view profiles, contact members via “communicator” facilities, send virtual kisses, use the guest book and upload video and audio information via the ‘members menu’ / control panel.

4. PRICE

4.1 The price for the service shall be the price published on the website on the date this contract is entered into.

4.2 The price for the service shall be inclusive of Value Added Tax.

5. PAYMENT

5.1 All sums paid to Us under this agreement shall be paid by the means of payment as specified in the website without set off, deduction, counterclaim, discount, abatement or otherwise unless You have obtained a valid court order requiring an amount equal to such deduction to be paid by Us to you.

5.2 Payment shall be deemed to have been made when We have received cleared funds and not before.

5.3 Unless otherwise stated in this agreement, any monies paid by You to Us are non refundable.

5.4 Time for payment shall be of the essence.

5.5 For the avoidance of doubt We will be under no obligation to provide the service to You until payment has been received.

5.6 In entering into this agreement You acknowledge that your subscription has an initial and recurring payment feature as published on the website and You accept responsibility for all recurring charges prior to cancellation and authorise Us to levy such charges. In the event that You wish to cancel your subscription please refer to clause 6 below. Recurring charges will be billed every month via WorldPay or some alternative internet payment scheme.

6. CANCELLATION

6.1 You are permitted to terminate your membership at any time upon giving Us notice of termination by email to subscriptions@saw-u-there.com. In such case You will not be entitled to any refund of any monies paid.

6.2 We reserve the right to terminate Your membership at any time without cause giving You notice by email and in the event that We exercise this power any fees will be repaid to You on a pro rata basis.

6.3 In the event that;

6.3.1 You breach the terms of clause 7 and or 8

6.3.2 You breach or persistently breach any of the terms of this agreement.

6.3.3 You fail to provide Us with information to enable Us to verify the accuracy of information posted by You or in Our reasonable opinion any information posted by You is damaging or potentially damaging:

6.4 Then without prejudice to any of Our other legal rights We may immediately suspend and or terminate your access to the service and or your membership of the service in which case all payments due to Us shall become immediately due and recoverable. In the circumstances You shall not be entitled to any refund of any monies paid and will be prevented from re-using the service or rejoining as a member at any point in the future.

6.5 In the event that You fall within the definition of a “consumer” as defined in the Consumer Protection (Distance Selling) Regulations 2000 (“the Regulations”), You may cancel your order by written notice by providing Us with notice in writing the company’s registered office or by email to subscriptions@saw-u-there.com within seven days of placing your order. Within thirty days of your notice We will refund any payments made to You by means of a credit or debit card refund. Please note that this right of cancellation does not apply once You have started to use the service or sent or read (to include opening) any messages and in the event that You start to use the service prior to the expiration of the seven day period, any rights under the regulation are waived by you.

7. YOUR OBLIGATIONS

As a user You will be subject to the following obligations and You will not:

7.1 Post any information which infringes or is contrary to any law, by law, statutory regulation or code of conduct or any other parties rights including but not limited to intellectual property and or privacy rights.

7.2 Use the service to promote any business, website or other telephone number, fax number, address (whether post or otherwise) and/or email address in your URL in your profile.

7.3 Attempt to solicit any member’s business, advertise or buy or sell products and/or services through the service or the website.

7.4 Attempt to gain any unauthorised access to any information on or via the service or via any networks used in providing the service.

7.5 Post any personal details such as your telephone number, fax number, address (whether post or otherwise) in your profile, or any other information which would enable members to contact You directly.

7.6 Copy any information on the website for any purpose whatsoever.

7.7 Post any junk mail, spam, pyramid schemes, chain letters or other fraudulent schemes or any other inappropriate of solicitation or collect the response to any such scheme.

7.8 Post any information which is in Our opinion, vulgar, indecent, racist, abusive, offending others privacy, harmful, threatening, harassing, defamatory, sexually suggestive, stalking, sexually explicit and or obscene, or any information which is in Our opinion likely to offend a political or religious views of other people.

7.9 Use the website to stalk or harass anyone.

8. PROHIBITED CONTENT

8.1 All information which you supply to us and post on the website must be accurate and correct.

8.2 We will review all content and will delete any content, messages, photographs or profile that in Our reasonable judgment may breach the terms of this agreement or which might be offensive, illegal or may infringe, harm or threaten the safety of other members or members of the public. Our opinion in this judgement will be final and binding on You.

9. ACCESS TO SERVICE

9.1 We will use Our reasonable endeavours to ensure that the Service is available at all times but We do not provide any guarantee that the service will be provided uninterrupted or without stop. In the event of system failure, maintenance or repair or for any other reason, access to the website may be suspended temporarily without notice.

10. CHANGES TO TERMS

We may amend these terms and conditions upon giving You reasonable notice in advance of such amendment. If You continue to use the Service after You have been given notice of the date upon which the amended terms will take effect then You will be deemed to have accepted any alteration and or amendment to these terms and conditions if You continue to use this Service after You receive that notice.

11. LIMITATION OF LIABILITY

We do not exclude liability for death or personal injury resulting from Our negligence as the law does not allow this but subject thereto We shall not incur any liability of any kind or nature whether in contract or tort or otherwise howsoever for any death, personal injury, damage, loss, liability or expense suffered or incurred by You as to which You expressly waive any right of recovery by Us or by any other person arising directly or indirectly in any manner howsoever out of the service provided hereunder by Us to You or any other person and You agree to keep Us indemnified during the agreement and thereafter against all actions, proceedings, claims, damages, costs and expenses so arising.

12. ILLEGALITY

If any term or provision in this agreement shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of this agreement, but the validity and enforceability of the remainder of this agreement shall not be effected.

13. FORCE MAJURE

The obligations of You and Us under this agreement shall be suspended during the period and to the extent that neither You or We are prevented or hindered from complying with them by any cause beyond reasonable control including (insofar as beyond such control and without prejudice to the generality of the foregoing expression) strikes, lockouts, labour disputes, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining materials on services required to provide the Service or the workforce in order to do so, in connection with the terms of this agreement.

14. ASSIGNMENT

You shall not assign, transfer, or in any other manner deal with your right under this agreement or part of it or purport to do the same.

15. GOVERNING LAW AND JURISDICTION

This agreement shall be deemed to have been made in England and to be construed in accordance with English Law and each party hereby irrevocably submits to the exclusive jurisdiction of the English Courts.

16. PRIVACY POLICY

All information collected from You will be treated in accordance with our privacy policy to see our policy go to http://www.saw-u-there.com/privacy.php

17. INTELECTUAL PROPERTY

17.1 You acknowledge that Our rights to intellectual property used in relation to the Service, Our business and goodwill in connection with the Service, are Our property. You accept that You are only permitted to access to the intellectual property for the purpose of and during the term of this agreement and only so far as it is necessary in order to facilitate your use of the service.

17.2 Other than to the extent that You have, You shall have no right to use or to allow others to use the intellectual property or any part of it. You shall not proceed to register any intellectual property on Our behalf and You shall not use any trademark, trade name or get up which resemble Our trademark, trade names or get up so that We should therefore be likely to confuse or mislead the public or any section of the public.

17.3 You will not remove, alter or otherwise tamper with any trademark, trade names, logos, numbers or other means of identification from the website or the service which You come into contact with and You shall not place any trademark or trade name of your own on the server or the website.

18. CONFIDENTIALITY

18.1 You agree that You will keep confidential and not use for any purpose other than contemplated under this agreement any or all information coming into Your possession relating to the Service which may be disclosed to You by Us or which You may obtain unless such information is public knowledge or is required to be disclosed by law.

18.2 We will use Our reasonable endeavours to keep your personal information such as but not limited to Your email address and credit card number confidential and will not disclose such information to any third parties unless such information lies within the public knowledge or it is required to be disclosed by law.

19. COPYRIGHT

You warrant that You will not;

19.1 Post, distribute or reproduce in any way or form any copyrighted material, trade mark or other intellectual property or proprietary information without first obtaining written consent of the owner such proprietary rights.

19.2 If You believe Your work has been copied or posted on the service in a way which constitutes a copyright infringement, please contact Us at info@saw-u-there.com providing a description of the copyrighting work which You claim has been infringed, together with a description of the material where You claim the material infringing copyright is located on the website, your address, telephone number and email address and a written statement that You believe the disputed use is not authorised by the copyright owner, its agent or the law.

19.3 A statement that the information in your notice is accurate and true and that You are the copyright owner or duly authorised on the copyright owner’s behalf. We can be reached at the following email address info@saw-u-there.com

20. SECURITY

20.1 Access to and use of the Service is through a combination of user name and password. You are solely responsible for ensuring that you maintain the confidential password and you must not permit any third party to use the Service on your behalf. You agree to notify Us immediately of any unauthorised use of the Service through your account or any other breach of security howsoever arising and known to You.

21. CHANGES TO THE SERVICE

We reserve the right, without liability, to modify or discontinue any aspect of the Service temporarily or permanently. We will give you the maximum amount of notice possible of any such modification or discontinuance as is possible in the circumstances. Notice of any change to the Service will be made solely by the means of an online posting on the website.

22. COOKIES

22.1 In order to improve the Service which We provide We may use a device known as a “cookie”. Cookies are a mechanism by which information concerning Your internet use (including a record of websites which you have visited) is recorded on Your hard drive and used to improve the service available to You. If You do not wish Us to use cookies when you use the Service it is Your responsibility to adjust your internet browser settings to not accept cookies. Your computer should have a help file which will direct You how to do this. Please note that adjusting the internet browser settings may affect your ability to use the Services on Our website.

22.2 If You do not disable “cookies” the website will ask for and store details including Your name, address and bank details and may automatically insert certain information on any forms generated by the website so that You can use the Service with a minimum amount of form filling.