This Agreement is a legal document that sets out your rights
and obligations, and those of iCLUBin. ("iCLUBin",
"we" or "us"), in relation to this site
and the services offered by through it (the "iCLUBin
Service"). By registering for the iCLUBin Service, you
agree to the terms of this Agreement, and you re-affirm that
agreement every time you use it. Visitors to the iCLUBin Service
who do not register to become a Member (see 2 below) similarly
affirm that they are bound by this Agreement each time they
access the iCLUBin WebSite. You should be aware that this
Agreement may change from time to time in accordance with
Clause 22 below. This Web site also may contain links to other
Web sites, Web pages and services, which are not operated
by iCLUBin.co.uk (the "Linked Sites"). Your use
of such Linked Sites will be subject to the terms of service
contained within each such site and the respective terms of
service will control the use of the respective site. In any
event, your link through to such a site will be subject to
these Terms of Service. You recognise that iCLUBin.co.uk has
no control over such Linked Sites and information, and you
accept that iCLUBin.co.uk provides no guarantee as to the
accuracy or reliability of such sites or the information contained
in them and you agree that we shall have no responsibility
as to whether such links locate unintended or objectionable
content or otherwise cause you distress, loss or damage.
2. Membership
People who register for the iCLUBin Service become "Members".
As well as being able to browse the iCLUBin Service like any
visitor, Members may:
Submit their name and some other details on the website
in order for others to do a search this is part of the iCLUBin
Service.
Send email messages to addresses of all Members.
Receive emailed messages, which will be sent to the email
address contained in Your Details (which are provided during
Registration and may be updated subsequently), sent by other
Members; and Opt to receive emails selected during the Registration
process (as added to, or de-selected, subsequently), such
as notification when a new club has been added in your area.
Chat on the chat site which is available on the iCLUBin
Site.
Upload photographs of yourself for reference by others.
3. Registration
You undertake to register for the iCLUBin Service using
accurate and current information about yourself –
including your correct name, address and any other requested
details, this helps to keep clubs records uptodate and any
emails or post(if opted for) sent to the right address.
If you are asked for, and provide, details of a credit,
debit or charge card; in that event, you must ensure that
(a) you are fully entitled to use that card, and (b) it
has available funds sufficient to cover the charges which
are deducted from it. As part of the registration process
for the iCLUBin Service, you will receive a verification
email, the purpose of which is to take reasonable steps
to ensure that the email address you have nominated during
registration is controlled by you. That email contains simple
instructions which you must follow.
4. Privacy Policy
The iCLUBin Privacy Policy forms part of this Agreement,
and by agreeing to this Agreement, you also give your consent
to the way we may handle your personal data in that policy.
Given the global nature of the World Wide Web, any posting
on the iCLUBin Service (including any which contain personal
information) is, of course, accessible to internet users
around the world.
5. iCLUBin’s Role
You, as a Member who visits the
iCLUBin Website, acknowledge that we are not and cannot
be responsible for the behaviour of Members - whether on
the iCLUBin Service or outside of it. We only provide a
service for you to be kept up to date with what ever clubs
need you to know.
In particular, you should be aware that iCLUBin Service
does not pre-screen or monitor the material contributed
by Members this includes pictures / email messsges.
6. Additional services
iCLUBin may offer new or additional services through the
iCLUBin Service from time to time. Your use of those services
may be subject to additional terms and conditions, or rules
of use, which you must comply with. Provided that those
terms or rules are notified to you on the iCLUBin Service
in an appropriate manner (as determined by iCLUBin in its
reasonable discretion), any failure by you to comply with
a material provision of the terms or rules governing those
services will amount to a breach of this Agreement.
7. Operation of iCLUBin Services
iCLUBin reserves the right to withdraw or modify one or
more aspects of the iCLUBin Service where we have legal
or technical reasons to do so (including technical difficulties
experienced by iCLUBin or on the Internet). There may also
be times when the iCLUBin Service becomes unavailable, whether
on a scheduled or unscheduled basis. For security or other
reasons, we may require you to change password or other
information which facilitates access to the iCLUBin Service.
8. Misuse of iCLUBin Service
We reserve the right (a) to suspend or terminate any Member’s
access to the iCLUBin Service, or parts of it, and/or (b)
to edit, or require the Member to edit, material posted
on the iCLUBin Service, if the relevant Member or material
appears to us to be in breach of any provision of this Agreement.
Any person whose access has been suspended or terminated
must not re-register for, or re-access, the iCLUBin Service
without our prior consent. You are responsible for everything
which is done on or through the iCLUBin Service while your
Membership account is logged on to the iCLUBin Service,
or through your email address(es).
9. Relevance
The iCLUBin Service is intended to be used by its Members
for the purposes referred to in Clause 2 above. Accordingly,
Members must not :
Include an email address, postal address, phone number,
the address of any website, or any other information which
is intended to facilitate direct communication, in material
which is posted on the iCLUBin Service. Members, and the
recipients of their emails, can share this information,
should they wish, once direct contact has been made.
Place material on, or otherwise use, the iCLUBin Service
for any business or commercial purpose; or
Use your access to the iCLUBin Service, or information gathered
from it, for the sending of unsolicited bulk email (sometimes
known as spam).
10. Fees
(i) You acknowledge that we are entitled to alter the amount
or the basis of the calculation of our fees from time to
time, provided that such amount or basis is clearly stated
at the time when you agree to take the relevant iCLUBin
Service.
(ii) Any Fees paid by a Member will not be rebated or refunded
by iCLUBin, unless the iCLUBin Service for which the Member
has subscribed is completely withdrawn from that Member
by us other than in circumstances permitted under this Agreement.
We may add services from time to time which require the
payment of fees – either to us or a nominated third
party – on terms which will be provided to you at
the time.
11. Prohibitions
You are responsible for ensuring that no material you post,
or which is posted through a machine on which you access
the iCLUBin Service, nor any activity or communication you
make in connection with any iCLUBin Service, will be capable
of (a) infringing the intellectual property or other rights
of any person or entity, (b) breaching any applicable law,
whether criminal, tortious or otherwise, (c) appearing to
be offensive, threatening, obscene, pornographic, false,
unreliable or misleading. (d) act contrary to the acceptable
use policies of any Linked Sites or community standards
generally; transmit or distribute a virus; hack into any
aspect of the Service; corrupt data; cause annoyance to
other Users; or attempt to affect the performance or functionality
of any computer facilities of or accessed through the iCLUBin
Web site.
12. Alerting iCLUBin
If you see anything on the iCLUBin Service which appears
to infringe this Agreement, then please contact us to inform
us of it by emailing us at complaints@iCLUBin.co.uk. We
do not generally monitor pictures posted by Members before
it is placed on the iCLUBin Site, and so we are reliant
upon users to point out any which infringes this Agreement..
13. Withdrawal of material and Termination of Membership
Each Member acknowledges that we are entitled to withdraw
any material on the iCLUBin Service which appears whether
based on information received from Members or others, or
our own determination to be capable of breaching any part
of this Agreement, or to bring the iCLUBin Service into
disrepute. However, each user acknowledges that we do not
monitor material which appears on the iCLUBin Service, and
that we are reliant upon you and all users to notify us
of anything you see here which appears likely to breach
this Agreement, using the notification techniques which
are made available on the iCLUBin Service.
14. Disclaimer and Release
iCLUBin has no control over or responsibility for the truth
or accuracy of any material available on the iCLUBin Website,
whether provided by Members or Club Managers.
If any third party sites are linked to from the iCLUBin
Service, this does not mean that we endorse or have any
responsibility for the site in question or anything that
appears on it.
You should exercise no lesser degree of caution in appraising
what you see on the iCLUBin Service than you do offline.
Even though Members are prohibited from doing so, people
may provide information, or otherwise behave, in a way that
is unreliable, misleading or even illegal. Further, you
should note that people may not necessarily be who they
say they are.
Your use of the iCLUBin Service is entirely at your own
risk.
Accordingly, to the extent that the
law permits, you release iCLUBin owners from all liability
arising out of or in connection with the iCLUBin Service
and the material included here by Members and other third
parties.
15. Intellectual Property
You acknowledge that all copyright, trade marks, and other
intellectual property rights in and relating to the iCLUBin
Service (including the material which is contributed by
Members) are owned by iCLUBin. It is easy to copy material
which appears on web-sites, but this does not mean it is
legal. Therefore, no-one may copy, distribute, show in public
or create any derivative work from the iCLUBin Service,
or any of the material which is found on the iCLUBin Service
unless properly licensed to do so by us.
By submitting any material to the
content to the iCLUBin Service, you:
Are representing that you are fully entitled to do so;
Grant us a non-exclusive, royalty-free, non-terminable licence
right to copy, modify, distribute, show in public and create
derivative works from that material in any form, anywhere;
and Authorise us to adapt the relevant material in the course
of doing so, and so waive your moral rights to object to
any derogatory treatment, or to be identified as the author,
of the material in question.
16. Excluded loss
We will not be liable to you or any third party for any
indirect or consequential loss or damage, or for any loss
of data, profit, revenue or business, howsoever caused (whether
arising out of any negligence or breach of this Agreement
or otherwise). iCLUBin will also not be liable for any failure
to perform of its obligations under this Agreement caused
by matters beyond its reasonable control.
17. Maximum liability
Without limiting the preceding Clause, during any period
of twelve months, the aggregate liability of iCLUBin under
this Agreement (whether arising in negligence or otherwise)
will not under any circumstances exceed the greater of (a)
£5, or (b) an amount equal to the sums paid by you
to us by way of any fees during the relevant period of twelve
months, regardless of the cause or form of action.
18. Non-excluded Liabilities
Nothing in this Agreement limits iCLUBin's liability for
death or personal injury resulting from our negligence,
or any other liability which may not by law be excluded.
Any statutory rights you may have as a consumer remain unaffected.
19. Indemnity
You agree to indemnify us against all liabilities, claims
and expenses that may arise from any breach of this Agreement
by you or through a machine on which you access the iCLUBin
Service.
20. Assignment
We reserve the right to assign this Agreement, and to assign
or subcontract any or all of our rights and obligations
under this Agreement. You may not without the written consent
of iCLUBin assign or dispose of this Agreement.
21. Entire Agreement
This Agreement includes
our privacy policy. Together they contain the whole of the
agreement between us and you concerning the iCLUBin Service
and they replace all earlier agreements and understandings
with you, except for any fraud or fraudulent representation
by either of us. A person who is not a party to this Agreement
has no right under the Contracts (Rights of Third Parties)
Act 1999 to rely upon or enforce any term of this Agreement.
From time to time mails sent from the iCLUBin service may
have a sponsor added to the footer of the mail this forms
as a part of the iCLUBin service to is members.
22. Changes to this Agreement
iCLUBin reserves the right to change this Agreement from
time to time, and post the new version on the iCLUBin Service.
When we do so, we will notify you of the fact that there
are changed terms on the homepage of iCLUBin and the new
version of these terms and conditions will take effect,
and will govern all iCLUBin Services and your relationship
with iCLUBin Commencing four weeks after the date of posting
(or such later date as iCLUBin indicates in the relevant
posting), if any of the changes is to an operative provision
of this Agreement which is capable of adversely affecting
you; if you do not wish to be governed by the new version
of the Agreement, you may notify us on or before the date
when the new version of the Agreement is to take effect,
and from that date you must cease to use the iCLUBin Service;
or Immediately upon the date of posting (or such later date
as iCLUBin indicates in the relevant posting), if the changes
are not to operative provisions, or not capable of adversely
affecting you - examples of which would include, without
limitation, changes to one or more of iCLUBin’s addresses
or email addresses referred to in this Agreement.
23. Severability
In the event that any term of this Agreement is held to
be invalid or unenforceable by judicial decree or decision,
the remainder of this Agreement shall remain valid and enforceable.
24. Law
This Agreement shall be governed by and construed in accordance
with the laws of England and Wales.