Terms and Conditions
This page (together with any pages of our site referred to in it) sets out the legal terms and conditions (Conditions) under which we, provide an online advertising and networking platform (ie. digital content) for parents. By applying to participate in the Services you indicate that you accept these Conditions and that you agree to abide by them.
Please understand that if you refuse to accept these Conditions, you will not be able participate in any Services via our site.
- Information about us
1.1 We operate the website www.basildonwarboyzgamingclub.co.uk (site).
1.2 Should you wish to contact us about these terms and conditions please do so via our website contact us page.
1.3 Our site and our Services are only intended for use by people resident in the United Kingdom and are not available to persons outside the United Kingdom.
- Accessing our site
2.1 Access to our site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
2.3 When using our site, you must comply with the provisions of our acceptable use policy set out in clauses 10 to 12 inclusive.
3.1 You warrant that you shall comply with the requirements of the Data Protection Act 1998 and any other relevant legal requirements in respect of data protection.
- Intellectual property rights
4.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
4.3 www.basildonwarboyzgamingclub.co.uk is a trade mark and a domain name owned by the Company.
- Reliance on information posted
5.1 Commentary and other materials posted on our site are for guidance purposes only. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
5.2 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to verify or update such material.
5.3 Any information is provided for your personal use and it must not be used for any further commercial purpose, such as the resale or further distribution to a wider audience.
- Our liability
6.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
6.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
6.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
- Uploading material to our site
7.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the acceptable use policy set out in clauses 7 to 9 inclusive. You warrant that any such contributions (Contributions) do comply with that policy, and you indemnify us for any breach of that warranty.
7.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
7.4 Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted.
7.5 Contributions must not:
(a) contain any material which is defamatory of any person;
(b) contain any material which is obscene, offensive, hateful or inflammatory;
(c) promote sexually explicit material;
(d) promote violence.
(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) infringe any copyright, database right or trade mark of any other person;
(g) be likely to deceive any person;
(h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(i) promote any illegal activity;
(j) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(k) be likely to harass, upset, embarrass, alarm or annoy any other person;
(l) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(m) give the impression that they emanate from us, if this is not the case; or
(n) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
(o) contain any direct contact details including email addresses, phone numbers, web addresses, facebook pages or similar unless it is expressly stated that they are allowed.
7.6 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with our acceptable use policy set out in clauses 10 to 12 inclusive or as we believe in our sole discretion is prudent or necessary to minimise or eliminate our potential liability.
7.7 You shall be responsible for the accuracy and completeness of your Contributions and for ensuring that that they are current and up to date.
7.8 We have no obligation to you, and undertake no responsibility, to review your Contributions (including user-generated content) to determine whether they may result in any liability to any third party.
7.9 You shall indemnify us against all damages, losses and expenses arising as a result of any action or claim that any material posted, or linked to, our site by you constitutes a breach of our acceptable use policy set out in clauses 10 to 12 inclusive.
- Prohibited uses of our site
8.1 You may use our site only for lawful purposes. You may not use our site:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our acceptable use policy as set out in clauses 10 to 12 inclusive;
(e) to transmit or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(f) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
8.2 You also agree not to access without authority, interfere with, damage or disrupt:
(a) any part of our site;
(b) any equipment or network on which our site is stored;
(c) any software used in the provision of our site; or
(d) any equipment or network or software owned or used by any third party.
- Interactive services
9.1 We may from time to time provide interactive services on our site, including, without limitation, chat rooms and bulletin boards (Interactive Services). Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
9.2 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.
- Suspension and termination
10.1 We will determine, in our discretion, whether there has been a breach of these Conditions through your use of our site. When a breach of these Conditions has occurred, we may take such action as we deem appropriate.
10.2 Failure to comply with these Conditions may result in our taking all or any of the following actions:
(a) immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
(b) issue of a warning to you;
(c) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(d) further legal action against you; or
(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
10.3 We exclude liability for actions taken in response to breaches of these Conditions. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
- Transfer of rights and obligations
11.1 These Conditions are binding on you and us and on our respective successors and assignees.
11.2 You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under these Conditions without our prior written consent.
- Events outside our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Conditions that is caused by events outside our reasonable control (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
13.1 If we fail at any time to insist upon strict performance of any of your obligations under these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Entire agreement
15.1 These Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter.
15.2 We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions or the documents referred to in them.
15.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
15.4 Nothing in this clause limits or excludes any liability for fraud.
- Our right to vary these conditions
16.1 We have the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
16.2 You will be subject to the latest Conditions in force at the time that you become a Member or which are in force at the time you login to our website or when your membership is automatically renewed, unless any change to these Conditions is required to be made by law or governmental authority.
- Law and jurisdiction
17.1 These Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law and will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
- Your concerns
If you have any concerns about material which appears on our site, please contact us via our website contact page at www.basildonwarboyzgamingclub.co.uk