TERMS AND CONDITIONS
for the use of the HowDidiDo website
IMPORTANT NOTICE
THIS PAGE (TOGETHER WITH THE DOCUMENTS REFERRED TO ON IT) TELLS YOU OF THE TERMS ON WHICH YOU MAY MAKE USE OF THE WEBSITE WHETHER AS A GUEST OR REGISTERED USER. BY USING THE WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND TO ABIDE BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS PLEASE DO NOT ACCESS, USE OR CONTRIBUTE TO THE WEBSITE.
1. Introduction
1.1 You must be aged 13 years or over to register with the Website.
1.2 You may access some areas of the Website without registering your details. However, most areas of the Website are restricted to Registered Users and from time to time we may restrict access to some or all parts of the Website.
1.3 We may change these Terms and Conditions from time to time by amending this page. Therefore you are expected to check this page regularly. By continuing to use the Website, you will be deemed to have accepted each update or amendment. If you do not agree to the changes you should cease using the Website.
1.4 The Website is a site operated by Club Systems International Limited ("Club Systems", "we" or "us" ), a private limited company registered in England and Wales under company number:3550638. Our registered office is at South Central, 4th Floor, 11 Peter Street, Manchester M2 5QR. Our VAT number is GB 719 5125 32.
2. Use of the Website
2.1 You are permitted to print and download extracts from the Website for your own personal, non-commercial use on the following basis:
2.1.1 no documents or related graphics on the Website are modified in any way;
2.1.2 no graphics on the Website are used separately from the corresponding text; and
2.1.3 Club Systems' copyright and trade mark notices and those of any identified contributors and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including, without limitation, photographs and graphical images) are owned by Club Systems or its licensors. Any use of extracts from the Website other than in accordance with condition 2.1 for any purpose is prohibited. If you breach any of these Terms and Conditions, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to condition 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Club Systems' prior written permission.
2.4 Any rights not expressly granted in these Terms and Conditions are reserved.
3. Accessing the Website
3.1 Access to the Website is permitted on a temporary basis and Club Systems reserves the right to withdraw or amend any service provided on the Website without notice. Club Systems shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Club Systems' control.
4. Registered User Conduct and Forums
4.1 Other than personally identifiable information, which is covered under ourPrivacy Policy
,
any material you transmit or post to the Website, which for the avoidance of
doubt, shall include items posted on the Forum shall be considered
non-confidential and non-proprietary. Club Systems shall have no obligations
with respect to such material. Club Systems will not be responsible, or liable
to any third party, for the content or accuracy of any materials posted by you
or any other user of the Website.
4.2 You are prohibited from posting or transmitting to or from the Website any material:
4.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
4.2.2 for which you have not obtained all necessary licences and/or approvals; or
4.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or in any way breaches any applicable local, national or international law or regulation; or
4.2.4 that discloses the name, address, telephone, mobile or fax number, email address or any other personal data in respect of any individual; or
4.2.5 that infringes or may infringe any copyright, database right or trade mark of any other person; or
4.2.6 where the disclosure of such material may breach any legal duty owed to a third party or be in contempt of court; or
4.2.7 impersonates another person, misrepresents your identity or affiliation with any person; or
4.2.8 that gives the impression that it emanates from Club Systems or its Associates; or
4.2.9 that advertises or promotes any services or web links to other sites; or
4.2.10 that contains a statement that you know, believe or have reasonable grounds for believing that members of the public to whom the statement is or is to be published to are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
4.2.11 which is technically harmful, interferes, restricts or inhibits another user's use of the Website (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 Any material you wish to submit to the Website must contain accurate facts, opinions genuinely held and be relevant to the Forum and subject matter of the Forum.
4.4 You may not misuse the Website (including, without limitation, by hacking).
4.5 Club Systems shall fully co-operate with any law enforcement authorities or court order requesting or directing Club Systems to disclose the identity or locate anyone posting any material in breach of conditions 4.2, 4.3 or 4.4.
4.6 You warrant that any material you submit to or post on the Website is your own original work and does not infringe the intellectual property rights of any third party and you agree to fully indemnify and hold us harmless for any breach of this warranty or condition 4.2.
4.7 By submitting material to the Website you agree to grant Club Systems a non-exclusive licence to use the material. Club Systems will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material. This licence will be free of charge, perpetual and capable of sub-licence. Club Systems may exercise all copyright and publicity rights in the material contained in your submission in all jurisdictions, to their full extent and for the full period over which such rights exist in that material.
4.8 The Forum is not moderated and Club Systems will not be responsible as author, editor or publisher of any material submitted to the Forum. Club Systems expressly excludes its liability for any loss or damage arising from the use of the Forum by any person in contravention of these Terms and Conditions. Club Systems reserves the right to promptly remove, or disable access to, any material which Club Systems deems to be potentially defamatory of any person, unlawful or in violation of any third party rights.
4.9 The use of any Forum by a minor is subject to the consent of their parent or guardian. Club Systems advise parents who permit their children to use the Forum that it is important that they communicate with their children about their safety on-line. Minors who are using the Forum should be made aware of the potential risks to them and of their obligation to comply with these Terms and Conditions.
4.10 If you wish to complain ab4.9 The use of any Forum by a minor is subject to the consent of their parent or guardian. Club Systems advise parents who permit their children to use the Forum that it is important that they communicate with their children about their safety on-line. Minors who are using the Forum should be made aware of the potential risks to them and of their obligation to comply with these Terms and Conditions."Report Offensive Material" link at the bottom of the relevant Forum comments page. Club Systems will review the material and decide whether it complies with these Terms and Conditions and shall deal with any material we decide in our absolute opinion to be in breach of these Terms and Conditions, in accordance with condition 9.
5. Your Account
5.1 Once you have completed the registration process you will be provided with your password and your account will be activated.
5.2 You must keep your password secure and confidential at all times and you must not disclose it to any third party.
5.3 When you provide your personal details, you must update your personal profile to confirm what services you require from the Website.
5.4 Registration is for you only. Club Systems does not permit you to share your user name and password with any other person.
Gold Account5.5 You have the option to upgrade your account to the Gold Account at any time to access the Additional Services for a Subscription Fee. The Subscription Fee is, subject to condition 5.8, non-refundable.
5.6 By subscribing to the Gold Account, you warrant that:
5.6.1 you are legally capable of entering into binding contracts;
5.6.2 you are at least 18 years old;
5.6.3 you are resident in the United Kingdom and are accessing the Website from this country.
5.7 After placing your request to receive the Additional Services and upgrade your account to the Gold Account, you will receive an email from us acknowledging that we have received your request. Please note that this does not mean that your request has been accepted. Your request constitutes an offer to us to receive the Additional Services and it is subject to our acceptance. Club Systems will confirm such acceptance to you by sending you an email that confirms your Gold Account has been activated. The contract between you and Club Systems will only be formed when we send you an email confirming your Gold Account activation.
5.8 You have the right to cancel your Gold Account within 7 days of your Gold Account being activated on written notice to Club Systems. Email HDIDsupport@clubsystems.com to notify Club Systems of your request to cancel your Gold Account. Any refund of your Subscription Fee shall be paid by Yumax Media to such nominated UK bank account as you inform Club Systems of from time to time. This does not affect your statutory rights.
5.9 Club Systems may increase the Subscription Fee on the first anniversary of the activation of your Gold Account and on each subsequent anniversary thereafter.
5.10 If you do not pay the Subscription Fee when it falls due, your right to receive the Additional Services shall be suspended, unless or until you pay the Subscription Fee in full. Once payment has been received by Yumax Media your Gold Account will be reactivated.
5.11 Club Systems liability in connection with the provision of any services including the Additional Services is strictly limited to any fee paid by you to Club Systems for the provision of such services, which for the Additional Services shall be the Subscription Fee.
6. Links to and from other websites
6.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Club Systems has not reviewed any third party websites and does not control and is not responsible for these websites, their content or availability and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
6.2 You may link to our home page provided you do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
6.2.1 you do not remove, distort or otherwise alter the size or appearance of the HowDidIDo logo;
6.2.2 you do not create a frame or any other browser or border environment around the Website;
6.2.3 you do not in any way imply that Club Systems or its Associates are endorsing any products or services other than its own;
6.2.4 you do not misrepresent your relationship with Club Systems nor present any other false information about Club Systems;
6.2.5 you do not otherwise use any Club Systems trade marks displayed on the Website without our express written permission;
6.2.6 you do not link from a website that is not owned by you; and
6.2.7 your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
6.3 The Company expressly reserves the right to revoke the right granted in condition 6.2 for breach of these Terms and Conditions and to take any action it deems appropriate.
6.4 You shall fully indemnify Club Systems for any loss or damage suffered by Club Systems or any of its Associates for breach of condition 6.2.
7. Disclaimers and limitation of liability
7.1 While Club Systems endeavours to ensure that the information on the Website is correct, it does not warrant the accuracy and completeness of the material on the Website. Club Systems may make changes to the material on the Website, the services and prices described in it, at any time without notice.
7.2 The material on the Website is provided on an "as is" , "as available " basis and is provided without any conditions, warranties or other terms of any kind and is not intended to amount to advice on which reliance should be placed. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Club Systems therefore excludes to the fullest extent permitted by law all representations, warranties, conditions, guarantees and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
7.3 Subject to condition 5.11, Club Systems, its Associates, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
7.4 Nothing in these Terms and Conditions shall exclude or limit Club Systems' liability for:
7.4.1 death or personal injury caused by its negligence; or
7.4.2 fraud; or
7.4.3 misrepresentation as to a fundamental matter; or
7.4.4 any liability which cannot be excluded or limited under applicable law.
7.5 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
7.6 You acknowledge and agree that computer systems and software, including the Website, are not error, fault or bug free, nor secure from persons wishing to misuse, tamper with, erase, alter or in any other way corrupt computer systems and you agree that Club Systems shall have no liability to you nor to any third party for any such occurrences arising in respect of or in relation to the Website. It is your responsibility to screen for viruses, works and other forms of malicious code prior to downloading any material.
8. Viruses, hacking and other offences
8.1 You must not misuse the Website by knowingly transmitting, sending and uploading or introducing any material that contains viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attach the Website via a denial-of-service attach or a distributed denial-of-service attack.
8.2 By breaching condition 8.1, you would commit a criminal offence under the Computer Misuse Act 1990. Club Systems will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
8.3 Club Systems will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
9. Breach of these Terms and Conditions
9.1 If Club Systems considers that you have breached these Terms and Conditions, it may at its discretion take such action as it deems appropriate. Failure to comply with these Terms and Conditions may result in Club Systems taking all or any of the following actions:
9.1.1 immediate, temporary or permanent withdrawal of your right to use the Forum and Website;
9.1.2 immediate, temporary or permanent removal of any of your material posted on the Forum of the Website;
9.1.3 issue you with a warning;
9.1.4 take legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach or any other further legal action.
10. Force Majeure
10.1 Club Systems will not be liable or responsible for any failure to perform, or delay in performance of, and of our obligations under a contract or these Terms and Conditions that is caused by events outside our reasonable control ("Force Majeure Event").
10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
10.2.1 strikes, lock-outs or other industrial action;
10.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
10.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
10.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
10.2.5 impossibility of the use of public or private telecommunications networks;
10.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
10.3 Our performance under any contract or these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. Club Systems will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
11. General
11.1 If any part, term or provision of these Terms and Conditions is held to be illegal, invalid or otherwise unenforceable, the validity or enforceability of the remainder of these Terms and Conditions shall not be affected.
11.2 The failure or delay of Club Systems to exercise or enforce any right in these Terms and Conditions does not waive Club Systems' right to enforce such right.
11.3 Notwithstanding anything to the contrary contained in these Terms and Conditions, these Terms and Conditions shall not operate to confer any rights or benefits on any third parties other than the Associates.
11.4 Nothing in these Terms and Conditions shall create, or be deemed to create a partnership or the relationship of principal and agent between Club Systems and you.
11.5 When using the Website, you accept that communication with us will be mainly electronic. Club Systems will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Club Systems provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11.6 All notices given by you to us must be given to Club Systems International Limited at South Central, 4th Floor, 11 Peter Street, Manchester M2 5QR HDIDPrivacy@Club2000.co.uk. Club Systems may give notice to you at either the email or postal address you provide to us when registering, or in any of the ways specified in condition 10.5. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
12. Interpretation
12.1 The headings in these Terms and Conditions are inserted for convenience and shall not affect their construction.
12.2 Where appropriate, words denoting a singular number only shall include the plural and vice versa.
12.3 Reference to any statute or statutory provision includes a reference to the statue or statutory provision as from time to time amended, extended or re-enacted.
12.4 These Terms and Conditions shall be governed by and interpreted in accordance with English law, and shall be subject to the exclusive jurisdiction of the courts of England provided always that Club Systems may at its option bring any proceedings, action, claim, suit or enforcement proceedings in such other legal jurisdiction as it shall from time to time determine.
13. Definitions
The following definitions apply to these Terms and Conditions:
"Additional Services" 50 SMS text message updates and other such services that Club Systems at its discretion provides from time to time;
"Associates" Club Systems' ultimate holding company or any subsidiary of Club Systems or its ultimate holding company ("holding company" and "subsidiary" having the meanings given in section 736 and section 736A of the Companies Act 1985);
"Gold Account" an upgraded subscription that enables a Registered User to receive the Additional Services, upon payment of the Subscription Fee;
"Forum" the forum notice boards on the Website from time to time including but not limited to the HowDidIDo forum, the public forum and your club forum;
"Registered User" any user who has provided their personal details and accepted these Terms and Conditions and has been provided with a login password by Club Systems to access the areas of the Website that are restricted to Registered Users;
"Subsription Fee" the annual fee charged by Club Systems from time to time for the Gold Account;
"Website" the website operated by Club Systems addressed by the universal resource locator www.howdidido.co.uk.