Terms

Terms and Conditions

Whatsoninsurrey.info (the “Website”) is a directory website which may be accessed either as a guest or as a registered user. In using this website you are deemed to have read and accepted the following terms and conditions and agreed to abide by them. We may amend these terms and conditions from time to time without notice.

1)      Accessing the Website

Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice (see below). We will not be liable if for any reason the Website is unavailable at any time or for any period. Any of the material on the Website may be out of date at any given time due to the nature of posting a large volume listings and events, and we are under no obligation to update such material. You must be over 18 years of age to register, or if a minor, be aged over 13, and have parental consent to use the service you are registering for. Registered users should ensure their own posts are removed when any date sensitive posts expire and that addresses and contact information are up to date.

From time to time, we may restrict access to some parts of the Website, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You must keep your user name and password confidential at all times. Any breach of these terms of use by anyone to whom you disclose your password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms of use.

You must take appropriate security measures to prevent unauthorised disclosure of your user name and password and you must notify us immediately if your password becomes known to any unauthorised user. You are responsible for making all arrangements necessary for you to have access to the Website.  You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.

2)      Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others to material posted on the Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status, (and that of any identified contributors), as the authors of material on the Website must always be acknowledged.

You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

3)      Reliance on Information Posted

Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.

4)      Our Liability: Exclusions and Limitations

The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

i)                    all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

ii)                   any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

a)      loss of income or revenue;

b)      loss of business;

c)       loss of profits or contracts;

d)      loss of anticipated savings;

e)      loss of data;

f)       loss of goodwill;

g)      wasted management or office time; and

h)      for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

We 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.

5)      Prohibited Uses

You may use the Website only for lawful purposes.  You may not use the Website:

a)      in any way that breaches any applicable local, national or international law or regulation;

b)      in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

c)       for the purpose of harming or attempting to harm minors in any way;

d)      to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards [Section 7] ;

e)      to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

f)       to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

g)      not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of our terms of website use;

h)      not to access without authority, interfere with, damage or disrupt:

 

i)        any part of the Website;

ii)   any equipment or network on which the Website is stored;

iii)   any software used in the provision of the Website; or

iv)    any equipment or network or software owned or used by any third party.

6)      Interactive Services

We may from time to time, or in the future, provide interactive services on the Website, including, without limitation:

a)      chat rooms;

b)      bulletin boards; etc.

Where we do provide any Interactive Services, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Services provided on the Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Services we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Services by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use the Interactive Services that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any Interactive Services should be made aware of the potential risks to them.

Where we do moderate any Interactive Services, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

It is the responsibility of you, as the user of this website, to ensure that any meetings arising from listings or advertisements on this website (such as job adverts, baby-sitting services) are conducted in a safe environment and that you take all necessary precautions and checks to ensure this. Any such meetings are undertaken entirely at your own risk.

7)      Content Standards

These content standards apply to any and all material which you contribute to the Website (“Contributions”), and to any Interactive Services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.

Contributions must:

a)      be accurate (where they state facts);

b)      be genuinely held (where they state opinions); and

c)       comply with applicable laws in the UK and in any country from which the Contributions are posted.

Contributions must not:

d)      contain any material which is defamatory;

e)      contain any material which is obscene, offensive, hateful or inflammatory;

f)       promote sexually explicit material;

g)      promote violence;

h)      promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

i)        infringe any copyright, database right or trade mark of any other person;

j)        be likely to deceive any person;

k)      be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

l)        promote any illegal activity;

m)    be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

n)      be likely to harass, upset, embarrass, alarm or annoy any other person;

o)      be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

p)      give the impression that they emanate from us, if this is not the case; or

q)      advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

8)      Suspension and Termination

We will determine, in our discretion, whether there has been a breach of these terms of use through your use of the Website.  When a breach of these terms of use has occurred, we may take such action as we deem appropriate.

Failure to comply with these terms of use constitutes a material breach of these terms of use and may result in our taking all or any of the following actions:

a)      immediate, temporary or permanent withdrawal of your right to use the Website;

b)      immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;

c)       issue of a warning to you;

d)      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;

e)      further legal action against you; or

f)       disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these terms of use.  The responses described in these Terms of use are not limited, and we may take any other action we reasonably deem appropriate.

We reserve the right to remove without notice or refund, any post, listing, event or review which fails to comply with our terms and conditions or which we believe is not genuine.

9)       Information About you and Your Visits to the Website

We process information about you in accordance with our privacy policy [Section 16].  By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.

10)   Viruses, Hacking and Other Offences

(By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.)

11)   Linking to the Website

You may link to our website pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.  For example, you may ‘like’ pages on Facebook and share on Social Media sites using the share buttons provided.

You must not establish a link from any website that is not owned by you.

The Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

12)   Links From the Website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed, or material appearing on such websites, are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

13)   Jurisdiction and Applicable Law

The laws of England and Wales govern these terms and conditions. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. (Although we retain the right to bring proceedings against you for breach of these conditions in your country of residence, or any other relevant country).

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

14)   Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Website.

15)   Your Concerns

If you have any concerns about material which appears on the Website, please contact enquiries@whatsoninsurrey.info.

16)   Privacy Statement

We are committed to protecting your privacy. Authorised employees within the company only use any information collected from individual customers on a need to know basis.

17)   Confidentiality

Client records are regarded as confidential and therefore will not be divulged to any third party, unless legally required to do so to the appropriate authorities.

We will not sell, share or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products, for example, for notification of any changes to our terms and conditions or payment methods. Any newsletter which may be sent out in this connection will be provided with the facility to unsubscribe.

18)   Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused services, shall be refunded.

19)    Availability

Unless otherwise stated, the services featured on this website are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, without the express written consent of the Company. However we encourage sharing of pages through the social media sharing buttons offered. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

20)   Cookie Policy

This site uses cookies – small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymous tracking data to third party applications like Google Analytics. As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers.

If you wish to find out more, please read the following articles on the use of cookies and the regulations governing them:
http://www.ico.gov.uk/for_the_public/topic_specific_guides/online/cookies.aspx
https://developers.google.com/analytics/resources/concepts/gaConceptsCookies
These provide complete explanations and reassurance on cookie usage and your choices when viewing websites.

21)   Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

22)   Communication

We have various e-mail addresses for different queries. These, and other contact information, can be found on our Contact Us link on our website or via company literature.

You may write to us at:

Paragon House
22 Long Acre,
Covent Garden,
London,
WC2E 9LY

23)   Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

24)   Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

25)   Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on any other relevant pages on our site. Registered clients will also be notified by email. You are also advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between you, the Client, and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Thank you for visiting our Website.

© What’s on in Surrey 2014 All Rights Reserved

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