FIRSTTUESDAY.ORG.UK TERMS OF SERVICE
These Terms of Service are a legal contract which control your use of the website at www.firsttuesday.org.uk (referred to as "FT", the "website" or the "site"), which is run by Christer Holloman and associated companies (together referred to as "we", "us" and "our").
To be able to use the site you first need to register, and provide us with some details about yourself. Your use of the site, and registration to the site, is subject to acceptance of these Terms of Service and the Privacy Policy.
Some of the services we provide on the site are free of charge ("free services"). We also allow you to pay to upgrade your membership and become a PRO member ("PRO services"), but there is no obligation on you to do so. We may use the site to sell other goods and services ("additional products") including things like insurance products. These Terms of Service apply equally to free services, PRO services and additional products (together the "services").
If you are under 16 years of age there are some special rules about signing up as a member of FT. In particular you need to have your parent or guardian's consent before you can sign up, and your parent or guardian must read these Terms of Service and the Privacy Policy with you, to make sure that you both understand what is involved. Your parent or guardian must go through the registration process with you, and enter their details when asked. They should then supervise you when you use FT to help make sure you stay safe online.
The rest of the Terms of Service are split into 4 parts as follows:
PART A – ABOUT FT
PART B – YOUR USE OF FT
PART C – PAYING FOR SERVICES ON FT
PART D – GENERAL TERMS RELATING TO OUR RELATIONSHIP WITH YOU
PART A – ABOUT FT
This Part describes FT, and what you can expect when you use the site.
1. Description of services
FT has lots of ways to meet and chat with other members, and lots of ways to share information about yourself. We want FT to be a fun and safe place for you to chat, share and have a good time. But we expect you to be responsible in how you use FT – and to comply with the law online in the same way you would offline. For that reason we need to set down rules that control your use of FT, including these Terms of Service. By agreeing to become a member, and continuing to use the website, you agree to be bound by these Terms of Service and any other rules and terms that we set down from time to time.
We want to keep improving FT, so we will add new services, and remove some old services, when we think it is appropriate. We may also decide to start charging for some services which are currently free. We will be entitled to make any of these changes at our sole discretion, and without incurring any liability to you. We will always let you know about these changes by posting a message on the site, and where relevant sending a message to your email account. It is up to you to check this regularly, and make sure that you know what rules apply to FT.
2. Availability
We try to make sure that FT operates properly at all times, but the site and the services are provided on an "as is" and "as available" basis. We will do everything reasonably possible to restore the website if it becomes unavailable, but we do not guarantee either the availability or accessibility of the website or any service in any way. Except as otherwise required by law we cannot refund any fees paid, and we will not be liable to you in any way, if for any reason you cannot use the site or any services at any particular times.
We are not an internet service provider - it is up to you to make sure you can access the internet, and make sure that you are using appropriate software to make full and safe use of the site, including using appropriate virus scanning and filtering systems.
3. Access from other countries
The site at www.firsttuesday.org.uk is only for use by residents of the United Kingdom. Residents of other countries should not attempt to access the site, or register as members.
4. Information provided by us
Where we provide information on the website it is general in nature and you should not rely on any claims or endorsements for any goods or services discussed or described, or on other information provided on the website.
5. Communication with others through FT
FT is all about communication – it is a way of allowing people to share their information, opinions, photos and other content. This means that when you use FT you will see whatever other members have decided to post, and you may be contacted by any other member.
All members must comply with the rules set down in these Terms of Service, and we trust that all of our members will use the website responsibly, and in a way that doesn't offend or upset other members.
However, you acknowledge that we are not and cannot be responsible for the behaviour of our members, whether on the site or outside of it. FT only provides a venue where people can meet and chat, and we do not generally intercept or screen communications between members.
Just like in the offline world, there are bad people on the internet, and people who will try to take advantage of you. You need to apply the same level of care and caution in everything you do on FT as you would if you met a stranger on the street. While we hope that all of our members are nice people, there is no way of knowing whether a FT member is good or bad. Be careful about what you tell other people on the site, and don't ever give out details that would allow someone to contact you outside of the website. If you want to find out more about how to look after yourself online, please have a look at www.ThinkUKnow.co.uk – a website set up by the UK government to help explain these risks.
6. Content posted by others on FT
We do not generally monitor the content on FT, and by using the site you accept that you will be exposed to content posted by other members, some of which you may find offensive or upsetting. Any recommendation or other information posted on FT by other members is followed by you at your own risk and we do not warrant the accuracy of any information posted on the site.
If you discover any content or behaviour of other members which you think is unacceptable you should report it to us and we will do our best to deal with it.
FT contains links to websites offered by other people, including links provided by members and by our advertisers. We are not responsible for the content of any web sites that are linked to from FT or for the legal consequences of your entering into any contracts with third parties that have linked web sites.
7. Our liability
We will not be liable to you for any loss, damage, costs or expense suffered or arising because of any content posted on or otherwise accessible through FT, or for any communications made through FT by our members or any third parties.
8. Our copyright and other rights in FT
It is important to remember that just because content is available for you to view on our website, or elsewhere on the internet, that does not mean you have an unlimited or free right to use it however you want.
FT is protected by copyright, trade marks, design rights, good will and other intellectual property rights ("IPR"), and these IPRs belong to us, our suppliers, or in some cases other members.
You may download to a local hard disk and print extracts from the website solely for personal, non-commercial use. You may also recopy downloaded extracts to others for their personal, non commercial use.
You may not reproduce part or all of the content of the website in any form unless it is for personal, non commercial use.
You may not copy or otherwise incorporate into or store in any other web site, electronic retrieval system, publication or other work any of the content of the website in any form (whether hard copy, electronic or other).
You may include links to FT from third party websites provided that you have that site's permission to do so. You may only link to our homepage (http://www.firsttuesday.co.uk) or to your Profile. You may not link to any other part of the site without our express permission.
Other than as set out above, nothing in these Terms of Service or elsewhere on FT grants a licence or right to use any IPR in anything forming part of, or displayed on, FT without our permission.
9. Licence to use software
Some of our services allow you to use software which is owned by us or third parties. If you are registered as a member of FT then we grant you a non-exclusive, non-transferable, limited licence to use the software in object-code form only, for the purposes of using the services provided on FT in accordance with these Terms of Service. Subject to your minimum enjoyment of the rights provided for by law you may not copy, modify, create a derivative work of, reverse engineer or disassemble any software.
10. Viruses and other nasty stuff
Although we check FT for viruses and similar malicious content for our own protection, you need to take your own precautions to protect yourself from viruses and malicious content that may be on the internet. As we take reasonable precautions to protect our website we will not be liable for any loss caused to you as a result of downloading content from FT which causes you to suffer any loss, damage, costs or expense howsoever caused or arising.
11. Data protection
We collect all sorts of information about you when you register on FT, and continue to collect information as you use FT. We have explained what this information is, what we do with it, and who we share it with in more detail in our Privacy Policy. By accepting these Terms of Service and continuing to use FT you also agree to our Privacy Policy, and give your consent for us to use your data as set out in the Privacy Policy.
PART B – YOUR USE OF FT
This Part sets out the rules that you must follow when you use the site.
12. Registering with us
You can only access the services on FT if you register with us as a member. You undertake that all of the information that you provide when you register is complete and accurate – including your name, age, gender, location and email address. You must keep this information up-to-date at all times. We may suspend, terminate or block your use of FT, and any of the services, if we suspect that any information you have provided is inaccurate, false or misleading. If we suspect that you have provided false or misleading information for any malicious or unlawful purposes we may pass any relevant information on to the police to allow them to investigate.
13. Under 16s and FT
FT is an exciting place for people of all ages, and we appreciate that many people under 16 years of age want to become members. We are happy for people under 16 to sign up, but there are a number of laws designed to protect you, which you and we need to comply with.
If you are under 16 then you need to obtain the consent of a parent or guardian before you can register as a member. Your parent or guardian must be with when you go through the registration process, and is responsible for reading these Terms of Service and the Privacy Policy with you, to make sure that both of you understand what is involved in being a member of FT.
If, as a parent or guardian, you consent to your child registering as a member of FT you must type your name on the registration page where indicated, and tick the box to verify that you have given your consent. As a parent or guardian consenting to your child using the site you will be bound by these Terms of Service as if you were a member, and will be legally responsible for ensuring that your child complies with these Terms of Service at all times.
As a parent or guardian allowing your child to register with FT you accept that they will be able to access all of the content and materials available on the site, which is designed for a broad audience. It is your responsibility to ensure that the content on FT is suitable for your child. This is a continuing responsibility and you need to be pro-active in supervising your child's use of FT. For more information, see Information for parents and teachers.
14. Managing your information
When you register for FT, you will be asked to choose a username and a password, and to enter your gender, postcode, city, date of birth and email address. This is the only information which FT needs you to provide to become a member.
Some of this information will become part of your Profile Settings which we will make visible to other members, including your details, your age, and the city and area in which you live. You can choose to make other details available to members in the Profile Settings area of the website, but you should think seriously before disclosing this or any other information on or through FT.
Some of this information will become part of your Secret Settings which we will never disclose on the website or to other members, including your postcode, date of birth, email address and Password. You can choose to add other details to your Secret Settings and we will keep this information secure - you must do so too. In particular it is important that you keep your password secret and safe at all times.
You are responsible for all use of your account using your password, and we will not be responsible if someone misuses your account where they know your password unless it can be shown that it is our fault. Please contact us immediately if you suspect that the security of your account is at risk.
15. Posting content and communicating with other members
We do not generally pre-screen, monitor or intercept any of the content posted on or communications made through FT, although we reserve the right to do so at our discretion at any time. All content and communications are the sole responsibility of the person posting or sending them.
You may use FT only to post content and send communications that are lawful, proper and appropriate and you shall not do any of the following on or through FT:
defame, abuse, harass, stalk, threaten or otherwise infringe the legal rights (such as rights of privacy or intellectual property rights where applicable) of others;
publish, post, distribute or disseminate any material which is obscene, indecent, hateful, racially or ethnically objectionable, discriminatory or unlawful;
advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters;
upload files that contain images, audio or video recordings, software or other material protected by intellectual property laws (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our or another's computer;
upload files which contain an active hypertext link to another web site;
delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
falsify the origin or source of software or other material contained in a file that is uploaded;
download, share or distribute any file that you know, or reasonably should know, cannot be legally used in such manner;
encourage others to put themselves at risk of harm or injury, or to commit a criminal offence; or
act in a manner which affects other users' normal use of FT.
16. Photos
All members have the option of uploading photos of themselves to be posted on the site, including a photo for inclusion in "People Watch". You must abide by the Photo Rules for all pictures which you upload to FT.
If you are under 16, you should tell your parent or guardian before uploading any photos, and inform them that all members will be able to see the photo on FT.
17. Misuse of FT
We want FT to be a safe and fun place for all of our members.
We shall, at our sole discretion, have the right (but not the obligation) to refuse to post or transmit, to move or to delete any content on or communications through the site at any time. This includes, but is not limited to, content and communications which breach these Terms of Service or any of our rules, or which we consider is otherwise objectionable.
We shall, at our sole discretion, have the right to suspend, restrict or terminate any member's access to the site or any part of it, and to suspend, restrict or terminate any individual's FT membership at any time where it is reasonable to do so. If your access or membership has been suspended, restricted or terminated you must not re-register or otherwise attempt to re-access the site without our prior consent.
18. Games and competitions
We occasionally run games and competitions on FT for our members. All games and competitions will be governed by and subject to these Terms of Service, as well as any other terms and rules set down for each individual game or competition.
19. Copyright belonging to you
By posting any content on FT, or using FT to send any communications, you are warranting to us that you are entitled to do so, and you grant to us a royalty free licence to use, distribute, reproduce, display, adapt and publish the content and communications anywhere in the world and in any form. You waive your right to the integrity of the content and communications and to prevent derogatory treatment of them. You grant the right for others to use such content and communications for personal, non-commercial purposes.
PART C – PAYING FOR SERVICES ON FT
This Part sets out the payment terms which apply when you buy PRO services or additional products for which we charge a fee.
20. Buying goods and services from FT
Certain services available through FT (for example PRO services and some additional products) can only be accessed if you pay for them. In addition we may, from time to time, sell additional products, including goods and services which are not necessarily connected to your use of FT (for example mobile ringtones from FT's Mobile Factory).
Where you buy goods and services the terms of this Part C will apply, in addition to any other relevant terms in the Terms of Service and any terms which we set out in relation to the particular goods or services.
You can buy goods and services using credit and debit cards, or by paying for premium rate SMS text messages using your mobile phone. You must only provide us with details of a credit or debit card for which you are a registered cardholder. You must only pay using SMS where you are the bill-payer for the mobile phone to which the SMS charges will be applied, or you have the permission from the person who pays the bill to purchase the particular goods and services.
We will always be clear about how much we will charge you, and when our charges will be applied. In turn you must act responsibly when buying goods and services from us.
Please note that, except as otherwise required by law, under no circumstances can we refund the cost of any services which you pay for once we have commenced the provision of such services.
21. Forming a contract for the supply of goods or services
Your order is made by completing the staged order process, either on FT, or by SMS, for ordering goods and services. Where you pay by credit or debit card this process involves the following stages:
Stage 1: Selecting your goods / services
Stage 2: Confirming the contents of your shopping cart
Stage 3: Enter payment details and submit order
Stage 4: Acceptance of your order
Stage 5: Confirmation of your order
Where you pay by SMS this process involves the following stages:
Stage 1: Selecting your goods / services
Stage 2: Submitting your order by text
Stage 3: Acceptance of your order
Stage 4: Confirmation of your order
By completing and submitting your order you are making an offer to purchase goods or services which, if accepted by us, will result in a binding contract. We may process payment for your order, but please note that this does not constitute acceptance of your order – if we have to decline your order for any reason we will refund this money to you.
We will notify acceptance of your order by sending an email to your registered address advising that your order has been accepted and (where relevant) that goods have been despatched (an "order confirmation"). This order confirmation will contain your [order number, details of the goods or services ordered, total cost of the order etc.]. This email constitutes acceptance by us of your offer and only at this stage is a binding contract created. Until this point you may vary or cancel your order.
22. Payment Terms
All prices and charges on FT are shown in UK Pounds Sterling. Delivery charges may apply and these will be displayed in the order process. All prices are, unless otherwise stated, inclusive of VAT.
Although we try to ensure that the prices quoted on FT are accurate, and that goods and services have been fairly described, mistakes can occur. If, before we have accepted your offer, we discover an error in the price of the goods or services, or a material error in the description of goods or services, we will inform you as soon as reasonably possible, and we will give you the option to reconfirm your order on the basis of the adjusted information or to cancel.
If we cannot contact you to advise of the error in price and/or description, we will treat the order as being cancelled and we will refund all money taken from you relating to the purchase of the goods or services.
At any time before we accept your order by issuing an order confirmation, we reserve the right to adjust prices, offers, good and services and descriptions of goods and services on FT.
23. Availability of goods and services
All orders are subject to availability. If it is not possible for us to fulfil any order, including where goods or services are not available, we will notify you of this within 28 days of receipt of the order and provide a refund of the money paid to us, unless we agree a longer delivery period with you.
We reserve the right to withdraw any goods or services from FT at any time before we accept your order, and we will not be liable to you, or anyone else, for withdrawing any goods or services.
24. Delivery of goods
We will make every reasonable effort to deliver all goods you order to you within 28 days of you making an order.
Although we will use all reasonable means to ensure the goods are delivered within 28 days, we cannot accept responsibility for late deliveries that are due to circumstances outside our reasonable control. However, where reasonably possible, we will inform you if we become aware of any unexpected delay in delivery.
25. Your rights of cancellation - Goods
Under the Consumer Protection (Distance Selling) Regulations 2000 you will, in many cases, have up to 7 working days from the day after the day on which the goods are delivered to cancel your purchase of goods, for any reason. We will tell you in the acknowledgment email if, for any reason, you do not have a right to cancel. If you wish to cancel, you must notify us in writing using the contact methods set out below.
If you wish to cancel you must keep the goods in your possession and take reasonable care of them until you return them to us. Goods should be carefully repackaged and (at our request) either made available for collection, or returned to us at your own cost, in a complete, unused and 'as new' condition, together with any accessories that were supplied with them. Where goods have their own internal packaging this must be intact.
26. Your rights of cancellation - Services
Where you purchase services, you agree to the services commencing immediately upon issue of an order confirmation or the commencement of the services (whichever is sooner). You acknowledge that this may be prior to the end of any statutory cancellation period, and you agree that thereafter you will not have the right to cancel any services under the Consumer Protection (Distance Selling) Regulations 2000 or otherwise.
PART D – GENERAL TERMS RELATING TO OUR RELATIONSHIP WITH YOU
This part sets out some of the general terms and conditions governing our provision and your use of the site.
29. Term and Termination
You agree to remain bound by these Terms of Service for as long as you are reasonably required, and at least for as long as you remain a member of FT or until we terminate or suspend your membership.
If you wish to end your membership of FT, you may do so at any time in the Secret Settings section of My Settings.
We may suspend any membership account that has been dormant for a period of 6 months and may delete all information relating to that account, other than very basic information about you. We may make your information available to other members. If we still hold information about you, you may be able to re-activate your FT membership, but will not be able to recover any deleted information about your membership.
We may immediately suspend, terminate and/or block your membership without notice or liability if you breach any of these Terms of Service, the Privacy Policy or any other rules or terms, if at any time we consider that you are abusing FT or any services, or if you make any other use of FT or any services which we in our sole discretion consider inappropriate.
If for any reason we are unable to continue to provide the FT website we will be entitled to terminate your membership. In such circumstances we will make every effort to give you reasonable notice of such termination. However we will not be responsible for failing to notify any member regardless of the reasons.
30. Maximum liability
Our aggregate liability to you for any loss, damages, costs or expenses arising as a result of your use of FT and any goods or services purchased through FT will not exceed the total value of the relevant goods or services, or where the loss, damages, costs or expenses do not arise directly from a purchase of goods or services, a total of £10.
We will not be liable for any loss, damage, expense, costs, delay or other liability to the extent that it is or can be characterised as a claim for (or arising from) loss of revenue or profits, anticipated savings, business opportunity, data, loss of or damage to goodwill or injury to reputation, or for any indirect, consequential or special loss or damage, howsoever caused or arising (whether arising out of any negligence or breach of these Terms of Service or otherwise).
31. Non-excluded liabilities
Nothing within these Terms of Service operates so as to exclude, limit or restrict our liability for death or personal injury, or any other liability which cannot be excluded by law. Where you deal as a consumer, nothing in the above exclusions affects your statutory rights.
32. Indemnity
You agree to fully indemnify and hold harmless Christer Holloman, his group companies, its directors, officers, employees, agents, licensors, representatives and connected third parties from and against all loss, costs, damages and expenses resulting from any breach of these Terms of Service by you, or out of any content you post on, or communications you make through, FT.
33. Changes to the Terms of Service
We may alter the basis on which we provide FT, including amending these Terms of Service, at any time. We will post the amended version of the terms on the site and advise you that the terms have changed in the News section.
Where we change the Terms of Service the new version will take effect immediately from the date on which it is posted on the site. If you do not agree to any changes to the Terms of Service you should immediately cease to use FT. Your continued use of the site after the date of posting will constitute acceptance of the new version of the Terms of Service.
34. Email Notices
We will use the email address listed in your Secret Settings to contact you for all purposes in relation to these Terms of Service. You are responsible for making sure that this email address remains up to date, and that the account is checked regularly.
35. Entire Agreement
These Terms of Service, together with any other applicable rules and terms referred to herein, constitute the entire agreement between you and us and supersede any prior agreements, arrangements, statements and understandings in relation to the use of FT.
36. Invalidity / Unenforceability
If at any time any of the provision of these Terms of Service is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms of Service shall continue in full force and effect.
37. Assignment
We reserve the right to assign or subcontract any or all of its rights and obligations under these Terms of Service. You acknowledge that you may not without the prior written consent of FT assign or dispose of your obligations under these Terms of Service whether in part or in whole.
38. Governing Law
These Terms of Service, and your use of FT, shall be governed by English Law, and you and we submit to the non-exclusive jurisdiction of the English courts.