1. Terms and conditions
This Agreement is a legal document which sets out your rights and obligations, and those of Neighbours United Limited, a company registered in England under registration number 6390403.
You are offered use of the Service based on the terms and conditions set out below which should be read in conjunction with our Privacy Policy.
By using the Service you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions you cannot use the Service.
2. Definitions
"Company" means - Neighbours United Limited (registered Company number: 6390403) including where the context so allows, its shareholders, employees, affiliates, associated and contracted persons, companies or businesses supplying services to the Company.
"Member(s)" means - person, persons, companies or other organisations using the Services of the Company including registered users.
"E-mail(s)" means - electronic mail received or sent by the Company, created and sent by a member of the Company, or automatically created and sent on behalf of the Company..
"On Hold" or "Suspend(ed)" means - the suspension of the Member's account with the Company as a result of which the Customers will not be able to access the Website.
"Service(s)" means - the suspension of the Member's account with the Company as a result of which the Customers will not be able to access the Website.
"System(s)" means - the services and procedures provided/used by the Company to Members and includes, but is not exclusive to: information, products and services provided by telephone, fax or mail, on the Website and by E-mail further details of which are contained within these Terms and Conditions and in other parts of the Website.
"Third Party" or "Third Parties" means - person, persons, company or companies, websites or any other business or enterprise that is being referred to, in the context of these Terms and Conditions, as being other than the Company or a Member.
"Website" means - the web space, pages, and the contents and graphics contained in such space or pages which are under the editorial control of authorised members of the Company.
"Your Information" means - any information you provide to us or other users of the Website in relation to the Company's Service including information provided during registration and any other communication processes arising as a result of your use of the Services or the Website.
"Us" Neighbours United Limited (registered company number: 6390403) including where the context so allows, its shareholders, employees, affiliates, associated and contracted persons, companies or businesses supplying services to The Company; and "we" and "our" has a corresponding meaning.
3. Membership
3.1 People who register for the Company Service become "Members". They must be at least 16 years of age. Members may post their name, profile notes and contribute to message boards.
3.2 Members may elect to receive E-mailed messages, which contain alerts to changes on the website.
3.3 Members may open and read messages received into their Personal Post™ inbox.
3.4 Members may read other member’s (within their postcode) profile page information, including profile notes and photos.
3.5 Members will receive certain types of message sent in order for us to deliver the Service. These are outlined in the privacy policy.
3.6 Members will receive by E-mail a notification when another member in their postcode posts an update to their profile or a message board, as well as any other E-mails they opt to receive during the Registration process (as added to, or de-selected, subsequently); each E-mail will give the Member an opportunity to opt-out of receiving future E-mails of that type.
3.7 Members may send NeighbourMail™ messages to other Members in their postal area.
3.8 In order to avail of the Service, you must have internet access and all the software (and skills) required for E-mail and web usage.
3.9 You acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the Service or outside of it. We only provide a venue where the Service may be accessed. In particular, you should be aware that the Company does not generally pre-screen or monitor the material contributed by Members.
3.10 The Company or its affiliates may offer new or additional services through the 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. Any failure by you to comply with a material provision of the terms or rules governing such additional services will amount to a breach of this Agreement and enable us to terminate this Agreement with you.
3.11 We reserve the right (a) to suspend or terminate any Member's access to the Service, or parts of it, and/or (b) to remove, or require the Member to remove, material posted on the Service, if the relevant Member or material appears to us, or to a complainant, 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 Service without our prior consent. You are responsible for everything which is done on or through the Service while your Membership account is logged on to the Service, or through your E-mail address(es).
3.12 We reserve the right to suspend or terminate any Member's access to the Service, or parts of it, if the relevant Member is abusive, discriminatory or threatening, or harasses or communicates offensive messages or images to another Member, whether or not through the Service. For completeness, where we reserve a right in this Agreement, it does not mean we will be obliged to exercise it. Also, given the open-access nature of the Service, we cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under this Agreement.
3.13 You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Service, nor any activity or communication you make in connection with any Service, will be capable of
3.13.1 infringing the intellectual property or other rights of any person or entity.
3.13.2 breaching any applicable law, whether criminal, tortious or otherwise, or
3.13.3 appearing to be offensive, threatening, abusive, discriminatory, obscene, pornographic, false, libellous, defamatory, unreliable or misleading.
3.14 If you see anything on the Service which appears to infringe this Agreement, then please contact us to inform us of it by using the "Report Abuse" function, or by E-mailing us. We do not generally monitor material contributed by Members before it is placed on the Service, and so we are reliant upon users to point out any which infringes this Agreement.
3.15 Each Member acknowledges that we are entitled to withdraw any material on the 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 Service into disrepute. However, each user acknowledges that we do not generally monitor material which appears on the 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 Service.
4. Registration
4.1 You undertake to register for the Service using accurate and current information about yourself - including your correct name, address and any other requested details. Only one registration will be permitted per E-mail address.
4.2 As part of the registration process for the Service, you will receive a verification E-mail, the purpose of which is to take reasonable steps to ensure that the E-mail address you have nominated during registration is controlled by you. That E-mail contains simple instructions which you must follow.
5. Privacy Policy and data protection
5.1 By accepting this Agreement, you expressly consent to uses and disclosures of Your Information as set out in the Company's current Privacy Policy, which is incorporated herein by reference.
5.2 The Company's Privacy Policy is available here.
5.3 The Company holds Your Information on a database and as part of the business System strictly in accordance with its Privacy Policy.
5.4 If for any reason you do not wish any or all of Your Information to be used in the way set out in these Terms and Conditions then please do not use the Services of the Company.
5.5 The Company is happy to provide, on request from a Member a copy of any data held by the Company on the requesting Member on receipt of proof of identity. For this service the Company reserves the right to charge an amount to cover administrative costs, the level of which shall be communicated to the Member at such time.
5.6 Members may only use contact information obtained from the Website or any information obtained through a Company communication for communications relating to the Service or the Website.
5.7 Members agree not to use any personal contact information of any other Member provided via the Service or the Website for any unsolicited or commercial messages save as expressly authorised by these Terms and Conditions or where expressly authorised by the particular Member following adequate disclosure of the purpose(s). In addition, a Member agrees to only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws.
5.8 Under no circumstances, except as defined in this Section, can a Member disclose personally identifiable information about another Member to any Third Party obtained as a result of the Services without the Company's consent and the consent of such other Member after adequate disclosure.
6. Warranty Disclaimer and Limitation on Liability
6.1 The Company has no practical means to verify the currency, accuracy or completeness of the contents of the Website systematically, and inevitably it will contain errors and omissions, and some of it will be out of date. Therefore the Company does not endorse or represent the accuracy, truthfulness or reliability of any information provided on or by means of the site.
6.2 The content is only for general information and use and is not intended to address your particular requirements or considered to be a recommendation of any kind by the company. You should not rely on the content in making any specific decisions especially important personal, financial or business decisions. You agree to consult professionals for advice that is specifically tailored to your particular circumstances.
6.3 The Company assumes no responsibility for the content and disclaims all liability in respect of your use of it.
6.4 The Company shall not be liable for any typographical or other errors or omissions in the contents.
6.5 All links that connect this site with other sites are provided solely for your convenience and information and the Company does not endorse or recommend any such sites.
6.6 The Company hereby excludes to the extent permitted by law any and all warranties, representations, conditions and other terms whether express or implied statutory or otherwise concerning your use of this site including but not limited to implied terms as to quality, fitness for a particular purpose, title and non-infringement of third party intellectual property rights.
6.7 The messages posted on the Service express the views of the author of the message, not necessarily the views of the Company or anyone associated with the Company. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless the Company and their agents with respect to any claim based upon transmission of your message(s).
6.8 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind.
7. Excluded loss
7.1 The Company will not be liable to you or any third party for any loss not reasonably foreseeable by us when this Agreement commences, 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). The Company will also not be liable for any failure to perform any of its obligations under this Agreement caused by matters beyond its reasonable control.
8. Maximum liability
8.1 Without limiting the preceding Clause, the aggregate liability of the company under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed an amount equal to the sums paid by you to us under this Agreement during the period prior to the date when liability arises.
9. Non-excluded Liabilities
9.1 Nothing in this Agreement limits the Company’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.
10. Indemnity
10.1 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 Service.
11. Copyright
11.1 Clause headings are inserted for convenience only and shall not effect the construction hereof.
12. Law
12.1 Clause headings are inserted for convenience only and shall not effect the construction hereof.
12.2 If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.
12.3 You may not assign, transfer or sub-contract any of its rights hereunder without the prior written consent of the Company. The Company may assign, transfer or sub-contract all or any of its rights at any time without your consent.
12.4 Any express or implied waiver by the Company of any term or condition hereof or any breach or default by you may be terminated by the Company at any time. No such waiver shall constitute a continuing waiver nor shall it prevent the Company from acting upon that or any subsequent breach or default or from enforcing any term or condition hereof.
12.5 This Agreement constitutes the entire agreement between the Company and you as to the subject matter hereof and supersedes all previous communications, representations and arrangements, either written or oral (other than fraudulent misrepresentation). You acknowledge that no reliance is placed on any representation made but not embodied herein.
12.6 Any notice to be given under this Agreement may be given via E-mail, regular mail, facsimile or by hand to the address provided on the Website or otherwise as notified by one party to the other.
12.7 No terms or conditions other than those set forth herein or any variation thereof under Clause XX (Can we put this in or not??) shall be binding upon The Company, unless in writing and signed on behalf of both The Company and you.
12.8 Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.
12.9 This Agreement shall be subject to the laws of England and Wales and the parties shall submit to the exclusive jurisdiction of the English courts.
