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APPLICABLE TERMS & CONDITIONS FOR REGISTERED USERS, FULL MEMBERS AND OTHER USERS OF THIS WEBSITE
Introduction
This Agreement is a legal document which sets out Your rights and obligations and those of fhimfher Limited, a company registered in England No: 5713742 (“We”/”Us”/”Our”) relating to this Website and the Service offered by Us.
Please take time to read this Agreement as it contains important information that You should read and understand prior to registering for the Service. Please be aware that when You register for the Service, You enter in to a contract with Us, subject to the terms & conditions of this Agreement. People who visit the Website without registering also acknowledge and agree that they too are bound by this Agreement.
Definitions
In the following conditions these words have the following meanings unless the context requires otherwise:
"Agreement" is the agreement between You and Us incorporating these terms and conditions for the provision of the Service;
“Information” includes all content, software, data, text, photographs, graphics, sound and video and any other embedded media within the site;
"Intellectual Property Rights" covers all of the following; all patents, database rights, copyright, design rights, trade marks and other rights existing with the right to apply for protection of the same;
"Liability" means the liability of any nature for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
“Full Member” / "Member" means any person who has paid to gain access to the full functionality of the site and whose membership remains valid for the time being or a period in accordance to the time which the value of that membership applies;
“Registered User” means a user who has input their details but has not yet paid a membership fee to gain full functionality and eligibility to the site, under the status of “Full Member” / “Member”.
"Post" means to display, exhibit, publish, distribute, or disclose Information in connection with the Service on forms part of the ongoing content;
"Profile" means the section of the Service containing details, photographs and/or other Information about You;
"Service" means the service provided by Us to You including, but not limited to, Us allowing You to browse the Website, contact and/or be contacted by other Members through the Website and/or Post Information on the Website;
"User" means any person who browses the Website;
"Website" means Our website at URL www.fhimfher.com or such other URL that We may use to provide the Service;
"You, Your, Yourself" means the person whose application for registration or membership of the Service is accepted by Us.
Eligibility
By either registering or applying to become a Registered User or Full Member You warrant and represent to Us that;
You are over the age of 18.
You have not been convicted of any offence relating to violence or other related criminal activities which have by their nature either caused or have intended to cause physical or mental harm.
You must meet the qualification criteria for receiving prizes from winning 'ffselect' status on the month. We hold the right to change alter these criteria at any time and will Post changes to this within the relevant area within the Website.
The Basis Of This Agreement
If you are registering or applying for membership, you agree to be bound by these terms and conditions for the provision of the Service.
The terms and conditions will apply to the exclusion of any other terms or conditions and You agree to abide by them.
Any Registration or renewal of Your membership will be subject to Our then applicable terms and conditions.
We reserve the right to vary these terms and conditions at any time. It is Your responsibility to check for any updates which may affect the Service. These updates will be made available via the Website and You will then be bound by the updated version if You continue to use the Service thereafter as either a Registered User or Full Member, or if you just visit the Website.
Our employees, sub-contractors agents or affiliates are not permitted to make any representations unless confirmed by Us in writing.
You acknowledge that You do not rely on any representation or warranty that has not been made in accordance within these terms and conditions.
We reserve the right to remove for any reason any Information Posted by You and can remove this without having to give any reason for doing this.
We hold the right of refusal on any applications for Full Membership or registration and to terminate Registered users or Full Members at any time.
The Agreement between You and Us will come into effect on Your acceptance of Our Terms and Conditions including our Acceptable Use Policy (AUP). This will occur during your registration and thus both Registered Users and Full Members will be party to this process. Non acceptance of these Terms and Conditions will not allow You to continue to use this Service as either a Registered User or Full Member.
Price And Payment Terms
The price of the Service, offers or and any variations shall be as displayed on the relevant areas of the Website, including voucher payment methods.
All Our prices are inclusive of any applicable VAT and any Posted details given in relation to exchange rates are approximate.
You shall pay all sums due to Us under this Agreement by the means of the payment method specified in Our Website. Any transaction charges on such payments are part and inclusive of the final price.
Payment shall not be deemed to be made until We have received cleared funds in respect of the full amount outstanding.
Unless otherwise stated in this Agreement, all monies paid by You to Us are non-refundable. Where refunds are requested when the paid Member has died the full amount will be refunded upon proof of death.
You will not be able to contact other Members, read and reply to other Members' messages or use any other service within the Website which forms part of being a Full Member until We have received payment.
Members Obligations
You will not;
Post Your personal details such as Your telephone number, fax number, address and/or e-mail address or URL in Your Profile or any other Information which would enable other Members and/or Registered Users to contact You directly;
Use the Service to promote another site, service or business in any way including but not limited to Posting any telephone number, fax number, address and/or e-mail address or URL in Your Profile;
Post Information which breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or code of conduct or any other parties' rights (including but not limited to Intellectual Property Rights and/or privacy rights);
Misuse in any way the Service or any Information Posted on the Service for any means;
Solicit other Members' business, advertise, buy or sell products and/or services through the Service;
Attempt to gain unauthorised access to any Information available on or via the Service;
Copy, in whole or in parts any of the Information on the Website (including, but not limited to any Information contained in other Members’ Profiles) other than for the purposes contemplated in this Agreement;
Post and/or reproduce in any way any Information in which the Intellectual Property Rights belong to another party without first obtaining the prior consent of the owner of such rights;
Post any junk mail, spam, chain letters, pyramid schemes or any similar or fraudulent schemes or any inappropriate form of solicitation;
In any way transfer, part with and/or authorise any other person to use, Your membership;
Post any Information, which in Our opinion is sexually explicit, vulgar, indecent, racist, abusive, invasive of another’s privacy, offensive, harmful, threatening, harassing, stalking, inflammatory, sexually suggestive, defamatory and/or obscene; further details are available in Our Acceptable Use Policy (AUP).
Post any Information which in Our opinion is capable of offending others’ political and/or religious beliefs. Further details are available in Our Acceptable Use Policy (AUP)
Security
The Registered Users or Members Profile ID, password and User Name are personal to You and are not transferable. You are responsible for keeping them secure and for any use of the Service including any activities by anyone using Your username, password or Profile ID.
You should protect against unauthorized access to Your computer; sign off when You using a shared computer, be careful who is looking when you enter any secure details.
You must notify Us immediately if you believe there has been any breach in full or part of security such as loss, theft, or unauthorised disclosure or use of a username or password. If you believe Your details have been compromised then You should immediately amend Your password using the Service.
Your Profile
You acknowledge that other Users will be able to view Your Profile.
We may copy and/or reproduce any Information Posted by You on the Website in any form and in any manner We wish.
If You Post and/or disclose to other Users any confidential or sensitive Information about Yourself then You do so entirely at Your own risk.
You will be able to view the details and profiles of other Members.
By accepting these Terms and Conditions You are representing to us that all Information Posted by You:
is accurate, true, complete and is not misleading and when circumstances change within any criteria which you have been asked t provide information on, such as marriage status;
Will be updated by You so that it remains accurate, true, complete and not misleading.
We reserve the right to review Your Profile at any time and to amend and/or delete it if it fails to meet any or the Terms and conditions which form the agreement between You and Us.
Cancellation / Suspension / Termination
You may terminate your membership at any time by using the correct process within the Website. In such case You will not be entitled to any refund of monies paid for any period purchased.
We may terminate your membership at any time. You will receive notice by email. If so We will only refund pro rata any fees already paid by You if We decide to cancel Your Membership for any reason which does not include a breach of the Terms and Conditions by You.
If You are a “consumer” as defined in the Consumer Protection (Distance Selling) Regulations 2000 www.hmso.gov.uk/si/si2000/20002334.htm You may cancel Your order by giving Us written notice within 7 working days of placing Your order. Within 30 days of Your notice We will refund credit card payments by credit card refund. However, this right of cancellation does not apply once You have started to use Our Service by sending or replying to messages, reading messages or receiving prizes from winning ‘ffselect’
The Agreement between You and Us continues for so long as you are a Registered User or/and Full Member. After termination of this Agreement clauses included within these Terms and Conditions necessary to interpret or enforce this Agreement will continue to apply.
Personal Information
Any and all Personal Information collected or Posted from / by You is subject to Our privacy policy.
Intellectual Property Rights and Confidentiality
All Intellectual Property Rights in connection with the Service shall be owned by Us absolutely.
You may link to this Service via any external or internal website but You may not include the Service in part or in whole or use any URL in part or whole within another external website without Our prior written permission.
You warrant that the Information Posted in Your Profile is Posted by You and that You are the sole author of Your Profile. In doing so You assign to Us full title guaranteeing all copyright in Your Profile.
You agree that You will keep confidential and not use, except for purposes outlined and included within this Agreement, any and/or all Information relating to the Service which may be disclosed to You, except where such Information is either public knowledge or required to be disclosed by law.
We will use reasonable endeavours to keep Your personal details confidential and will not disclose such Information such as such as Your surname, e-mail address and credit card number(s) (where relevant), except where such Information is public knowledge or it is required to be disclosed by law or requested by a legal authority.
Activity Of This Service
This Service is provided in its current form and We do not guarantee or that the Service, Website or any element of the Service will meet Your requirements, purpose or expectations.
We do not guarantee that any of the Information provided in or via the Service is accurate or reliable. Any information You read or obtain from this Service You rely on it at Your own risk.
We will use Our reasonable endeavours to rectify serious faults as soon as practical though not within any particular timescale and offer no guarantees to the maintenance or management of the service.
We reserve the right to make changes to the Service provided that they do not remove any features which form the nature of the Service, namely the ability to send and receive messages from other Users or Members.
We reserve the right to suspend the Service without notice for repair, maintenance or other technical reasons.
The Use Of This Service
The Website forms part of the Service which is a forum for Members to Post Information about themselves and to allow You to make contact with other Members through use of the Service if You choose to do so.
You should not assume that the Information contained in any profile is correct and/or accurate. We do not check profiles are correct and not misleading or make any representation or warranty that the Information contained in any profile is accurate and We are not under any obligation to verify any Information contained in any profile. If You arrange to meet another User or Member of this Service then You do so at Your own risk. You should take reasonable precautions to ensure Your safety. We have provided some suggestions in our Safety Guidelines.
You must notify us in writing immediately if You become aware of any inappropriate behaviour in connection with the Service or any breach of the Acceptable Use Policy (AUP).
Messages may be deleted in accordance to our storage limitations period or upon receipt of notification that a message has breached any part of the Terms and Conditions or We decide that it is not suitable for this Service.
External And Third Party Websites
We do not endorse or recommend websites that we advertise / Post within Our Website or Service and take not responsibility for any liability incurred from any service, product or any other activity provided by a Third Party.
Limitations On Our Liability
We hold or shall have no Liability for any defect in the Service caused or contributed to by You and/or any other Member.
We hold or shall have no Liability to You if any monies owed to Us by You have not been paid in full by the required or specified time due for payment.
We have the right to set a reasonable period of time for resolving any matter for which We are liable before You incur any costs and/or expenses in remedying the matter Yourself. If You do not accept our time period We shall have no Liability to You.
If You are claiming against anything for which it is alleged that We are liable You will provide a full audit trail in writing the evidence to support your claim along with details of any loss caused by Us and the measures You have taken to mitigate the loss before We shall have any Liability for the claim by You.
It is possible for other Users and/or unauthorised users to obtain and misuse Information about You as a result of Your use of the Service. We shall have no Liability to You arising out of any Member's and/or unauthorised User's misuse of Information Posted by You on the Service and/or to other Members.
We shall have no Liability to You arising out of Your use of the Service and/or Your reliance on any Information Posted by other Members.
We shall have no Liability to You to the extent that You are covered by any policy of insurance and You shall ensure that Your insurers waive any and all rights of subrogation they may have against Us.
We hold or shall have no Liability to You for any consequential, special or indirect losses or where you have incurred economic and/or other similar losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or damage to or loss of goodwill, reputation or data.
You are under a duty to mitigate any loss, damage, costs or expenses that You may suffer.
Nothing in this Agreement shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which We are not permitted to exclude or limit as a matter of law.
Nothing in this Contract shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a consumer.
We hold or shall have no Liability to You for any problems with this Service or its use and/or any other matters to the extent that such events and/or matters are due to any events outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
All Information in this section (and any other clause excluding or limiting Our liability) applies to Our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us or anyone We deem as a contributor to this Service.
General Notes To The Terms And Conditions
Headings above are for guidance only and are not binding.
All third party rights are excluded and no third parties shall have any right to enforce this Agreement under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
This Agreement contains the entire agreement between You and Us. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
You may not assign all or part of Our rights or duties under this Agreement without Our prior written consent; We shall have the right to do so at any time.
Unless otherwise stated in this Agreement all notices in writing shall be sent by email to the most recent email address specified by You on the Service (in Your case) and by email to help@fhimfher.com (in Our case).
This Agreement is interpreted and governed in accordance with the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English and Welsh courts.
Acceptable Use Policy (AUP)
Submitting details to this Service must be done in a responsible and mature way and forms part of the Terms and Conditions. The vast majority of fhimfher’s customers understand what is appropriate when including information in their profile. Regrettably, there are occasions when individuals or groups of people include information which are considered to be unacceptable by the internet community and fhimfher Limited. This is described by the generic term of "abuse".
It is not always obvious whether an activity is innocent, inadvertent, or intentional but as a general rule, Registered Users and Members should be aware that what is unacceptable (and possibly illegal) offline (oral or written), applies equally online. You must not include in Your Profile any information which causes annoyance, inconvenience or needless anxiety. Particular care should be taken to avoid any material which is offensive to people on grounds of gender, race, colour, religion or other similar categorisation. This applies mainly to the free text field where a user may include a description of themselves within their profile.
Compliance with this Acceptable Use Policy is a contractual requirement. If You fail to do so, Your service may be suspended or terminated. Customers who engage in abusive behaviour will be notified that their behaviour is unacceptable and may have their accounts suspended or terminated if such behaviour continues. If We find out that You are using Our Service for illegal purposes, we may involve fhimfher’s E-crimes and Investigations team and We may ultimately notify the police. If we receive a Court Order requesting Us to reveal your identity to someone complaining that you have used this service in an abusive manner we will do so.
If You have any concerns over a possible case of abuse please e-mail complaints@fhimfher.com.
A suspended account may be restored at fhimfher's discretion, upon receipt of a written undertaking by the abuser not to commit any future "abuse". All cases are, however, considered by fhimfher Limited on their individual merits.
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