Terms and conditions of use agreement for buxtonbusinessclub.org
This Website is provided by Buxton Business Club Ltd identified below (“The Provider”, also referred to as “we”, “us” and “our”) whose registered office is at Laytons Accountants Ltd, on behalf of Buxton Business Club Ltd at 6 Manchester Road, Buxton SK17 6SB, is registered in England with the company number identified on the Website [16708974].
Introduction and definitions
The services offered by The Provider through the Website include any features, content, or applications offered or made available from time to time by The Provider and/or its licensors in connection with the Website (collectively, the “Services”). The Services may be hosted inside or outside of the United Kingdom.
“User”means a Visitor.
“Visitor”means anyone using the Website.
“Websites”means the websites (including their constituent pages) with their home pages as set out below:
www.buxtonbusinessclub.org
and any other websites or electronic media sites or services from time to time (whether designed for access by mobile or fixed devices or otherwise), owned or operated by a member of Buxton Business Club Ltd as may link to these Terms and Conditions from time to time.
Acceptance
This Agreement sets forth the legally binding terms for your use of the Services. By using the Services, and in consideration of The Provider providing the Services to you, you agree to be bound by this Agreement. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately.
Use of Services and additional terms
This Agreement includes The Provider’s policy for acceptable use of the Services and content posted on the Website and your rights, obligations and restrictions regarding your use of the Services. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions as notified to you. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate and notified to you, you agree that if you choose to participate in those Services those additional terms and conditions will be incorporated into this Agreement.
Modification
We may modify this Agreement from time to time and such modification shall be effective upon posting by us on the Website. We will provide a clear link within the Website to the then current Agreement. You agree to be bound by any changes to this Agreement when you access the Website or use the Services after any such modification is posted. If you do not agree to be bound by them, you should not use the Website or the Services.
Eligibility
By using the Services, you represent and warrant that (a) all registration and if applicable, payment information you submit is truthful and accurate; (b) you will maintain the accuracy of such information (including your email address); and (c) your use of the Services does not violate any applicable law or regulation.
Term
This Agreement shall remain in full force and effect while you use the Services. You may terminate your Membership at any time, for any reason, via the “Contact Us” section of the Website.
Fees
1.1 We take all reasonable care to make our Website secure. All credit card and debit card transactions on this site are processed using a secure online payment gateway that encrypts your card or bank account details in a secure host environment.
1.2 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Mobile Accessibility
Downloadable applications and internet sites accessible via electronic media platforms and devices.
If you have downloaded or subscribed for an application to access a Service, whether via a mobile or other digital service or otherwise, you may if expressly agreed by The Provider in writing have access without charge for a limited time to certain Website Member-only content and if so some or all of the “Fees ” terms will not apply to you during such time. To the extent not inconsistent with this Agreement, the applicable “End User License Agreement” for the service through which you downloaded the application or otherwise obtained access to the Service may apply.
Non-commercial Use
Illegal and/or unauthorised use of the Services, including (i) collecting user names and/or email addresses of Website subscribers and/or any other data or content from the Website by electronic or other means (including automated web crawlers and spiders) and whether for the purpose of sending unsolicited email, data aggregation, transmission to or storage in another website, or otherwise; and (ii) unauthorised framing of or linking to the Website is prohibited. Using WebCrawler, spidering or other automated means to access, copy, process and/or store any content or data made available on the Website or through the Services other than as may be permitted under the Robot Exclusion Protocol or Automated Content Access Protocol adopted by the Website is prohibited except to the extent expressly agreed by Provider in writing. In the event of conflict between the terms of the Robot Exclusion Protocol or Automated Content Access Protocol adopted by the Website, the terms of the Automated Content Access Protocol shall prevail. Commercial advertisements and other forms of solicitation are prohibited. Links may be removed at our discretion for any reason. Legal action may be taken for any illegal or unauthorised use of the Services or the Website.
Proprietary Rights in Content on the Website
The Provider does not claim any ownership rights in the text, files, images, photos, video, sounds, or any other materials that you post or email to the Website or the Services (collectively, “Content”). After posting or emailing your Content to the Website or the Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use such Content in any way you choose. By displaying, emailing, publishing or submitting for display or publication (“posting”) any Content on or through the Website or the Services, you hereby grant to The Provider a Worldwide sub- licensable, perpetual, transferable, non-exclusive, royalty free licence to use in any way whatsoever including but not limited to, public performance, public display, publishing, reproduction, broadcasting, amendment or modification of Content, transmission and distribution of Content on and through the Website, the Services and/or any other publication published by The Provider in its different present and future forms for example newsprint, electronic databases, e-paper, website mobile application or any other facsimile or derivative versions in any medium. The rights granted include without limitation the right to license photocopying, scanning, downloading in electronic or other forms and other normal use for the purpose of information or study or as otherwise permitted by copyright law.
You represent and warrant that: (i) you own the Content posted by you on or through the Website or the Services or otherwise have the right to grant the licence set forth in this section, and (ii) the posting of your Content on or through the Website or the Services does not violate the privacy rights, copyright, contract rights or any other rights of any person, or otherwise breach any injunction, order or other legal ruling. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any Content posted by you to or through the Website or the Services. You acknowledge that Content submitted will not be returned.
The Website and/or the Services contain Content owned by The Provider (“Provider Content”). The Provider Content is protected by copyright, trademark, patent, trade secret and other laws. The Provider owns and retains all rights in the Provider Content and the Website and the Services. The Provider hereby grants you a limited, revocable, non-sub licensable license to retrieve and display the Provider Content (excluding any software code) on a computer screen and to make reasonable use of the Services.
The Website and/or the Services contain content owned by Users and other licensors to The Provider (“Third Party Content”). Except for Content posted by you and in which you retain ownership rights, you may not unless and to the extent otherwise specifically authorised by The Provider copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Website or the Services. You may retrieve and display Third Party Content (excluding any software code) from the Website or the Services on a computer screen to make reasonable use of the Services.
Content Posted
The Provider may delete, or refrain from posting any content that in the opinion of The Provider violates this Agreement or breaches any relevant House Rules. Except to the extent which cannot be excluded or limited by law or regulation in respect of content on the Website which we moderate before posting, The Provider assumes no responsibility for monitoring the Website or the Services for inappropriate content or conduct. If at any time The Provider chooses, in its sole discretion, to monitor the Website or the Services, except as required by law or regulation, The Provider nonetheless assumes no responsibility for the content (other than Provider Content), no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
You are solely responsible for the Content that you post on or through the Website or any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. The Provider does not endorse and has no control over content posted by Users. Content is not necessarily reviewed by The Provider prior to posting and does not necessarily reflect the opinions or policies of The Provider. The Provider makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit.
Disclaimers
The Provider is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Website or the Services, whether caused by Users of the Website or the Services or by any of the equipment or programming associated with or utilized in the Website or the Services. Inclusion of any linked website on the Website and the Services does not imply approval or endorsement of the linked website by The Provider. When you access these third-party sites, you do so at your own risk. The Provider takes no responsibility for third party advertisements which are posted on the Website or through the Services, nor do we take any responsibility for the goods or services provided by its advertisers. The Provider is not responsible for the conduct, whether online or offline, of any User of the Website or the Services. The Provider assumes no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any content provided through the Website. The Provider is not responsible for any problems or technical malfunction of any telephone network or lines, electronic networks, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website or the Services. Under no circumstances shall we be responsible for any loss or damage resulting from use of the Website or the Services, attendance at an event organised through the Website or the Services, from any content posted on or through the Website or the Services, or from the conduct of any Users of the Website or the Services, whether online or offline. The Services are provided “AS-IS” and as available and The Provider makes no representations or warranties of any kind as to the Website, the Services or the content thereof, including without limitation, as to availability of the Website and/ or Services for access and use. In particular we expressly disclaim all warranties of fitness for a particular purpose, accuracy, completeness or non-infringement. The Provider cannot guarantee and does not promise any specific results from use of the Website and the Services. Nothing in this Agreement shall be construed as limiting or excluding our liability for death or personal injury caused by its negligence.
Choice of law and Jurisdiction
This Agreement shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England and Wales shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Agreement. Nothing in this clause limits the right of The Provider to bring proceedings against you arising out of or in connection with the Agreement (a) in any other court of competent jurisdiction or (b) concurrently in more than one court of competent jurisdiction
Indemnity
You agree to indemnify and hold The Provider, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the Website or the Services in violation of this Agreement, and/or arising from your use of or conduct on the Website or in use of the Services and/or a breach of this Agreement.
Other
This Agreement is accepted upon your use of the Website or any of the Services. This Agreement constitutes the entire agreement between you and The Provider regarding the use of the Website and the Services. The failure of The Provider to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Additional Services
From time to time we may provide other content for your downloading. However, the download time may vary considerably between the types of content and you agree that you are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same.
Advertising and Sponsorship
The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with applicable laws, codes and regulations. We exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material. Your dealings with any third parties, in particular advertisers and/or merchants, through the services provided by the Website and any terms, conditions, warranties or representations with such third parties are solely between you and such third party. You agree that we are not liable for such dealings, and you agree to indemnify us in the manner referred to above in the Agreement in relation to such dealings.
General
You may not assign, sub-license or otherwise transfer any of your rights under the Agreement. If any part of the Agreement is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If either party does not exercise any right or remedy under these terms, this will not be taken to mean that they have been waived.
No third party may enforce the terms of this Agreement under the Contracts (Rights of Third Parties) Act 1999.
House Rules
In addition to the terms and conditions set out above, you agree to use the Services in accordance with any applicable house rules (“House Rules”) that we specify in relation to a Service. All such House Rules shall form part of the Agreement. In the event of a conflict between the terms and conditions set out above and any applicable House Rules the relevant House Rules shall prevail.
Please contact us at hello@buxtonbusinessclub.org with any questions regarding this Agreement
How We Moderate
We monitor any complaints we may receive regarding content displayed on our website. If you want to contact us to report offensive contributions, always contact hello@buxtonbusinessclub.org with a full and complete description of the location of the content you believe to be inappropriate. We ask that you always log in to file these reports. This ensures that we know the exact location of the content complained about, and it helps us prevent campaigns that target individuals anonymously.
When we receive your complaint, we will evaluate it and decide on the most suitable action. We will not normally confirm the steps we take to the complainant, as this may breach the rights and privacy of others, but rest assured that all complaints will be checked promptly and professionally.
In some cases, we may have to remove an entire segment of content, including messages that do not breach our terms, if they were part of a topic that was in breach of our Agreement or House Rules, or where the context is lost or does not make sense once we removed offensive content. For example, if we remove a racist comment, the responses to it will no longer be relevant.
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