TERMS AND CONDITIONS
1. Introduction
Welcome to Leisurefriends.com, the service that allows adults the opportunity to meet like-minded individuals who share a common interest in sport and leisure activities (the ‘Service’).
Please take the time to read these terms of use (the ‘Agreement’) as they govern your use of Leisurefriends.com (the ‘Website’ or ‘we’ or ‘us’ or ‘our’) and are legally binding. We advise you to keep a copy of this by either printing it or saving it onto your computer. We also advise you to regularly check this Agreement for changes (see clause 3).
The contents of this Agreement apply to those who are both visiting the Website (‘users’) and to those who decide to register to become a ‘Member’ of Leisurefriends.com (cumulatively referred to as ‘you’ or ‘your’ hereinafter).
If you decide to become a Member of the Website you will be asked to indicate that you have read and understood this Agreement. If you are a visitor to this Website you agree to this Agreement and you affirm this every time you access it.
2. Eligibility
You must be eighteen or over to register as a member of Leisurefriends.com or use the Website. Membership of the Service is invalid where it has been prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. Changes
Leisurefriends.com reserves the right to change this Website and/or the Service at any time and without notice.
Leisurefriends.com reserve the right to change the terms of this Agreement. Please check this page regularly to ensure that you are familiar with the Agreement, as your continued use of the Website, following any changes, shall be deemed acceptance by you to be bound by the modifications.
4. Registration/Membership
Leisurefriends.com allows Users of the Website to register for the Service and become ‘Members’. There are two types of membership- ‘Basic Membership’ and ‘Full Membership’.
Leisurefriends.com has the absolute discretion to accept or reject any Membership and reserves the right to refuse Membership without reason.
Basic Membership is free of charge and allows you to create a Profile (which contains your personal information and details what leisure activities you are interested in) and search for other Members and view their Profiles.
Full Membership is available following payment of the ‘Subscription Fee’. This is payable every calendar month and allows you the same opportunities as the Basic Membership but it also allows you to communicate with other Members.
The Subscription Fee is payable monthly via PayPal. We reserve the right to amend this rate at any time but we will give you reasonable notice of this before doing so and if you are unhappy with the change you may terminate your membership by contacting us via email or via post.
Please see https://www.paypal.com/uk for PayPal’s Terms of Use and ensure that you understand them as we not be responsible for any problems you incur using their service.
When providing details for such payment you are undertaking that the PayPal account is either registered to you, or you are entitled to use it. You are also undertaking that there are sufficient funds in the account to cover the Subscription Fee. Non-Payment will result in your Membership being suspended and you will not be able to access the Website or communicate with other Members via the Website.
When you register and create a Leisurefriends.com Profile you undertake to provide accurate, current and complete information about you and keep this updated.
Due to the different Memberships available and for safety reasons, you must not include an email address, postal address, phone number, website address or any other information on your Profile which will assist with direct communication with other Members or visitors to the Website. Full Members can choose to do this via the messaging service available.
5. Term of Agreement & Termination
This Agreement will remain in force whilst you use this Website or are a Member of Leisurefriends.com (see clause 4).
You may terminate your membership at any time, for any reason, by simply putting it in writing. This can be done via email at admin@leisurefriends.com. If you have Basic Membership your Membership will terminate as soon as we receive the notice. If you have Full Membership your Membership will terminate at the end of the month up to which you have paid Subscription Fees.
If you terminate we shall be under no liability to you and you hereby release us from any such liability.
Leisurefriends.com reserve the right to suspend or terminate your membership at any time if you breach this Agreement, or for any other reason. We will do this by sending a notice to you via email. We will use the email address you provided when you registered as a member, or any other email address you may have provided to us during the use of the Website. Termination is at our sole discretion.
If we suspend or terminate your membership as a result of you breaching the terms of this Agreement you will not be entitled to a refund or any unused Subscription Fees and the termination will be effective immediately.
Termination will result in you being unable to use the Service and Leisurefriends.com has the right to immediately delete your profile. You will not be able to access any unread or unsent messages.
Any person who has had their Membership suspended or terminated must not re-register without our prior consent.
6. Use of this Service & Content of Profiles
This Service should only be used in connection with this Agreement. If you breach any of the terms and conditions in this Agreement your access to the Website and/or Service may be suspended and/or terminated as above. If this occurs Members who have paid Subscription Fees will not be entitled to a refund on such fees.
When you register with Leisurefriends.com you are able to set up a Profile which will enable you to use the Service. The information on such Profiles is in the public domain and you acknowledge this when you set up a Profile.
The Website is for the personal use of individual Members and should not be used in connection with any commercial endeavours. Illegal or unauthorised use of the Website which includes collecting usernames, email addresses or other personal details for the purpose of sending unsolicited emails or other unsolicited communications will be investigated and if necessary legal action will be taken.
In using this Website/Service you acknowledge that we are not, and cannot be responsible, for the conduct of other Members/Users.
In using this Website/Service you agree to the following:
- You are 18 years of age or over;
- The information that you provide us with will be accurate and up to date and that you will not mislead other Members/Users or make dishonest statements;
- Your profile will not contain your email address, postal address, phone number, website address or any other information on which could assist with direct communication with other Members/Users;
- You are solely responsible for your Lesiurefriends.com account and you will not transfer it to anyone else;
- You are responsible for everything which is done on, or through, the Website whilst you are logged into your account or through your e-mail;
- You will not use the Website in any way that causes damage, impairment or the availability of the Website;
- You will not use the Website in any way, which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- You will not register for more than one account or register for a account on behalf of an individual other than yourself;
- You will not impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- You will not use the Service to intimidate or harass another; and
- You will not use or attempt to use another's account.
You also agree not to upload, post, transmit, share, store or otherwise make available any of the following on the Website:
- Content that could be deemed to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, pornographic or otherwise objectionable;
- Any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," or "chain letters;
- Any private information of any third party, including, addresses, phone numbers, email addresses or credit card numbers;
- Any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
These lists are not exhaustive and at our sole discretion we may deem other similar activities, actions or information to be in breach of this Agreement.
Leisurefriends.com takes no responsibility for the content of the Profiles. You accept that you are solely responsible for the content that you publish or display on the Website and that you are solely responsible for the messages and/or information that you transmit to other members.
Leisurefriends.com reserve the right to review and delete any Profiles or require the Member to edit information contained on their Profile, that violates this agreement or that may be offensive, illegal, violate or potentially harm other members. This includes sexually suggestive language, any material promoting discrimination or animosity to any person on grounds of gender, race, colour or disability, pornographic material, dishonest statements, references to illegal drug taking, external website addresses, phone numbers or other personally identifiable information, and statements which may discourage other Members from using the Service. This list is not exhaustive.
Messages sent between Members are not in the public domain, however Leisurefriends.com reserves the right to check messages that are sent through this Service to ensure that the Service is not being abused.
Members agree that if they upload a photograph they have permission to do so and they accept that it will be on the public domain and therefore could become accessible through links on other websites such as search engines and directories even when not directly authorised by Leisurefriends.com.
7. Alerting Leisurefriends.com
Although Leisurefriends.com will regularly monitor the use of this Website and the Profiles, we ask our Members/Users to be vigilant against breaches of this Agreement and notify us via email admin@leisurefriends.com if you notice another Member/User acting contrary to this agreement or you are concerned about the conduct of others.
8. Profile Security
It is your responsibility to ensure that your Leisurefriends.com account (particularly your password) is kept secure and confidential.
Please pay particular care when you are using a shared or public computer.
You agree to notify Leisurefriends.com immediately of any unauthorised use of your account.
You agree to assist us in preventing any security breaches by logging out at the end of each session.
You accept that Leisurefriends.com will not be responsible for any loss or damage that arises out of your failure to comply with these provisions.
9. Copyright Policy
You may not post, distribute or reproduce in any way any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
10. Member Disputes
You agree that you are solely responsible for your interactions with other Members/Users and the information that you share with other Members/Users.
Leisurefriends.com reserve the right, but has no obligation, to monitor disputes between you and other users.
11. Content and Intellectual Property Rights
Title, ownership rights, and intellectual property rights in this Website, whether provided by us or by any other content provider shall remain the sole property of us and/or the other content provider.
You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content of this Website, in whole or in part, except as is expressly permitted in this Agreement.
By submitting any material to this Website you are representing that you are fully entitled to do so and you grant us a non-exclusive, royalty free, non terminable licence to use, copy, modify, distribute, display anyway, show in public and create such derivative works from that material. You also waive your moral rights to object to any derogatory treatment of the material and/or to be identified as the author of it.
12. Privacy
Acceptance of this agreement is deemed acceptance of our Privacy Policy. Please read our Privacy Policy, accessible from the home page.
13. Disclaimers
You use this website and the Service at your own risk.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions including without limitation the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill.
Due to the nature of the Website and Service the majority of the information on the Website is posted there by our Members/Users. Leisurefriends.com will not be responsible or liable in any way for any incorrect or inaccurate content posted on the Website, or in connection with the Service, posted by you or any others and make no warranty or representation (express or implied) about such content.
The material submitted by you and other Members/Users is not endorsed, reviewed or approved by us and we are under no obligation to do this. Therefore you acknowledge that any reliance upon any statements, opinions, advice and information contained on the Website, or from other Members/Users, is done so at your own risk.
Leisurefriends.com is not responsible for the conduct of any of its Members/Users either online or offline. We do not accept responsibility or any liability for the content of any communications or messages received by you from other Members/Users.
Leisurefriends.com makes no warranty or guarantee about any results that could be obtained from using this Service.
Through this Website you may be able to link to other Websites that are not under the control of Lesiurefriends.com and therefore we have no control over the nature, content or the availability of those sites. A link does not necessarily imply a recommendation to the Website, products and/or services that may be advertised and we make no warranty or representation that any such products or services advertised are fit for a particular purpose. We take no responsibility for such websites, products and/or services advertised nor for any loss or damage arising from your use of any such website, product or service.
We take no responsibility for your transactions with PayPal or for any losses or damages that occur as a result of using their service.
14. Interruptions to the Website/Service
Every effort is made to keep the Website up and running smoothly, however from time to time Leisurefriends.com may need to interrupt the Services, without notice, to improve the Website. We are not liable to Members or Users for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature, whether foreseeable or not, which occurs as a result of any such interruption.
You acknowledge that the Website/Service may be interrupted for reasons beyond our control and also that we reserve the right to withdraw or amend any aspect of the Website or Service as a result of legal or technical matters, or for any other reason. Leisurefriends.com take no responsibility for this and we will not be liable for the Website/Service being temporarily unavailable in these circumstances, or for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature, whether foreseeable or not, which occurs as a result of any such interruption, withdrawal or modification.
15. Limitations on Liability
Our liability is limited and excluded to the maximum extent permitted under applicable law.
Leisurefriends.com will not be responsible to you or any third party for any loss or damage, including personal injury or death or for any direct, indirect, consequential, exemplary, incidental, special or punitive damages resulting from loss of use, loss of data, loss of revenues or profits, or expense of any nature whatsoever which may be suffered by you or a third party as a result, or which may be attributable, directly or indirectly to your access and use of the Website or Service, any information transmitted to other Members/Users, any content posted on your profile or the Website or any interactions between Members/Users of the Website whether online or offline.
We will not be liable to you or any third party for any loss that arises out of this Agreement or for any failure to perform any of our obligations under this Agreement that is beyond our reasonable control.
Notwithstanding anything to the contrary contained herein, Leisurefriends.com’s liability to you in any circumstance, and regardless of the form of the action, is at all times limited to the amount of Subscription Fees paid, if any, that you have paid to us for the Service during the term of the Membership.
Nothing in this Agreement limits our liability for death or personal injury resulting from our negligence, or any other liability which may by law not be excluded. Any statutory rights you may have as a consumer remain unaffected.
16. Indemnity
You agree to indemnify Leisurefriends.com, its affiliates, officers, agents, partners and employees against any loss, liability, claim or demand (including reasonable legal fees) made by any third party due to or arising out of your use of the Website or Service in breach of any of the terms and conditions contained within this Agreement and any expenses that may arise from any breach of this Agreement by you.
17. Assignment
We reserve the right to assign this Agreement and to assign or subcontract any or all of our rights and obligations under it. You may not, without our written consent, assign this Agreement.
18. Entire Agreement
This Agreement and our Privacy Policy, accepted upon use of this Website and/or registering to become a Member of Leisurefriends.com, contains the whole of the Agreement between you and us concerning the Leisurefriends.com Website and Service. A person who is not party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon on enforce any term of this Agreement.
19. Severability
All of the terms of this Agreement and any other policy shall be deemed to be severable from each other and therefore if any of the terms are deemed to be invalid or unenforceable by Judicial decree or decision, then the remaining terms of this Agreement and any other Policies shall remain valid and enforceable.
20. Applicable Laws & Disputes
These terms and conditions contained within this Agreement shall be governed by and construed in accordance with the laws of England and Wales and you hereby consent that it shall be subject to the exclusive jurisdiction of the English Courts without giving effect to any principles of conflict of law.
If there is a dispute relating to this Agreement, the Service, or the Website you agree that it will be governed by English Law.
21. Contact Us
If you have any queries or questions about this Agreement, this Website or the Service, please contact us via email at admin@leisurefriends.com.
BY USING THIS WEBSITE AND/OR THE SERVICE, OR BY REGISTERING TO BECOME A MEMBER YOU ARE ACCEPTING THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED WITHIN IT.
