These Terms
and Conditions apply and you agree to them when
you access our website to use the
disabledunited.com services. Before proceeding to
use our services, you should read the Terms and
Conditions carefully. If you find yourself unable
to agree to them, then you must not use our
website. If, however, you agree to them
unconditionally you will be given the opportunity
to click the "I accept" checkbox during the
registration process, and you will then be able to
use our website to which these Terms and
Conditions apply.
Disabledunited.com may
amend these Terms and Conditions at any time by
posting the amended Terms and Conditions on our
web site www.disabledunited.com
and announcing such changes in the site
administration forum.
Except as stated
below, all amended Terms and Conditions shall be
automatically effective after they are posted on
the Site.
Table of
contents
1.
General
Information
2.
Membership
Eligibility
3.
Formation of
Contract
4.
Fees and
Services
5.
The
Site
6.
Company.com is
only a venue
7.
Your
Information
8.
Access and
Interference
9.
Ratings
10.
Breach
11.
Privacy
12.
No
Warranty
13.
Liability
Limit
14.
Indemnity
15.
Legal
Compliance
16.
No Agency
17.
Notices
18.
Arbitration
19.
Intellectual
Property
20.
Intellectual
Property Infringement
21.
General
1. General Information
1.1 For your information we list below the contact
details of
disabledunited.com:
2.
Membership Eligibility
2.1 Our services are available only to individuals who
have the capacity to form legally binding
contracts under the law applicable to these Terms
and Conditions. Without limiting the foregoing,
our services are not available to minors (under 18
years of age). If you do not qualify, you are not
permitted to use our services and no contract will
be formed between you and
disabledunited.com. Further, our services
are not available to [temporarily or] indefinitely
suspended disabledunited.com members.
3.
Formation of Contract
3.1 In order that a legally binding contract can be
formed between disabledunited.com and a member
eligible under clause 2 above, the member is
required to accept these Terms and Conditions
unconditionally by clicking the 'I accept'
checkbox during the registration process.]
3.2 In consideration of disabledunited.com agreeing to
the member's use of the Site, the member agrees to
comply with these Terms and Conditions.
3.3 disabledunited.com in its absolute discretion
reserves the right to refuse, suspend or cancel
membership of any member.
3.4 These Terms and Conditions shall override any
contrary terms or conditions published by
disabledunited.com or appearing on this web site
pertaining to members.
4.
Fees and Services
4.1 Registering to use our site and [some of] its
Services (as defined below) is currently free of
charge.
Disabledunited.com reserves
the right to change its fee policy and the fees
charged for the Services on a service by service
basis from time to time. Changes to the policy
will become effective fourteen (14) days after
notice of the changes have been posted. However,
disabledunited.com may choose to temporarily
change the fees for special services offered from
time to time. Such changes become effective
immediately upon posting notice of the changes. In
these instances, you will have an opportunity to
review and accept the fees that you will be
charged for the use of the service. Unless
otherwise stated, all fees are quoted in GBP. You
are responsible for paying all fees associated
with using the Services and the Site and any
applicable taxes.
Disabledunited.com
accepts no responsibility for taxes etc on
transactions effected as a direct or indirect
result of the use of the Site. However, for
persons based in the EU (including the UK), VAT
may apply in two ways:
-
If you are a
business, you may have to remit VAT on the
Services to you (under 'reverse charging').
-
Whether you
are a business or not, and whether you are
buying or selling, VAT may apply to your
transactions. Please be aware that in some rare
cases the amount a seller nets from a sale may
be less than the net value once VAT is paid. The
complexity of VAT (which applies differently in
numerous countries, to different items, and at
different rates) means disabledunited.com cannot
prevent some such occurrences. You accept the
risk that this affects
you.
5.
The Site
5.1 Disabledunited.com may at its sole discretion and
without notice change the content, presentation,
performance, user facilities and availability of
any part of the Site and without notice. It is the
member's responsibility to refer to and update
itself in relation to any changes made. Any such
changes will become effective upon posting by
disabledunited.com.
5.2 Disabledunited.com does not warrant any continuity
of connection, transmission over security or
results from the use of any network connection or
facilities provided or omitted to be provided in
connection with the use of the Site, but shall use
reasonable endeavours to keep down time to a
minimum.
5.3 Where disabledunited.com provides hyperlinks to a
third parties website, disabledunited.com shall
not be responsible for nor does it make any
warranties, representations or undertakings about
the content of any other web-site which may be
referred to or accessed by the hyperlink and
disabledunited.com does not endorse or approve the
content of such third parties web-sites.
6.
Disabledunited.com is only a Venue
6.1 Overview.
The
Site acts as a venue for disabled people, carers
and their families to interact and share
information, opinions, make online
friendships/penpals/relationships. Although
community members may choose to conduct
communications and transactions through the site,
disabledunited.com is not involved in the actual
interaction between individuals. As a result,
disabledunited.com have no control over the
quality, safety, truth, accuracy or legality of
any information, opinions, products, services
offered, travel accommodation nor any
ability whatsoever to warrant or guarantee the
integrity of the providers or purchasers of such
information, opinions, products, services offered,
travel accommodation. Disabledunited.com cannot
ensure that any provider or purchaser will
actually complete a
transaction.
6.2 Member identities.
Because
identification and authentication on the Internet
is difficult, Disabledunited.com cannot and does
not confirm each member's purported
identity. If you are in any doubt as to an
individual's identity you are encouraged to
attempt to communicate directly with that person
to further establish their
credentials.
6.3 Release.
In
the event that you have a dispute or issue with
one or more of the other members, you shall
release disabledunited.com and our officers,
directors, agents, subsidiaries and employees from
claims, demands and damages (actual and
consequential) of any kind and nature, known and
unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way
connected with such disputes.
6.4 Information
Control.
Disabledunited.com
is designed to help members obtain information,
discuss, interact and share information/opinions.
This information is largely provided by our
members and other organisations, many of whom use
anonymous User IDs and are people we may have
never met. Whilst the quality of material
submitted to our Site is generally high,
disabledunited.com does not control the
information provided by members/organisations, and
you may find other member's/organisations
information to be offensive, harmful, inaccurate,
or deceptive. Please use caution and common sense
when using our Site. Please note that there are
also risks in dealing with foreign nationals,
underage persons or people acting under false
pretences including underage persons. In the event
that any individual makes a complaint about any
information on the disabledunited.com site that is
put there by a member, disabledunited.com may at
its sole discretion remove that
information.
6.5 Furthermore,
as you cannot be sure who any contributor really
is, you should treat the contributors here in the
same way that you would treat anyone you had come
across for the first time. You should not rely
upon the information you find at the Site but
rather, you should use it as a starting point for
doing independent research, then decide for
yourself the accuracy and merits of the
information that has been shared in our forums and
on our Site. As such disabledunited.com does not
guarantee and gives no warranty as to the
accuracy, veracity, or completeness of any
information provided in our forum.
6.6 The
opinions expressed on this Site are those of the
contributing individuals. If you act on anything
that is said or done you must do so on the basis
of a considered decision of your own, having
weighed up the pros, cons and risks thereby fully
accepting the responsibility for the success or
failure of your actions. Under no circumstances
shall disabledunited.com be liable for direct,
indirect, or incidental damages resulting from
your use of information, commentary, advice or
other content on the Site. You agree to indemnify
disabledunited.com against any actions, claims,
proceedings, or liabilities arising from your use
of the content of the Site.
6.7
In the event that the police, regulatory
authorities or courts require us to provide to
them any files generated by disabledunited.com
members or any information relating to
disabledunited.com members that we hold, you
consent for us to release that information to
those parties.
7.
Your Information
7.1 "Your Information" is defined as any information
you provide to disabledunited.com or other users
during registration, in any public message area,
through feedback or any e-mail or form features,
friends and dating profile, mailbox
messaging,
instant messenger or when using the chat
room.
7.2 Your Information and conduct (or any items listed
therein) shall not:
-
be false,
inaccurate or misleading
-
be
fraudulent
-
involve the
sale of counterfeit or stolen items
-
infringe any
third party's copyright, patent, trade mark,
trade secret or other proprietary rights or
rights of publicity or privacy
-
violate any
law, statute, ordinance or regulation (including
without limitation those governing export
control, consumer protection, unfair
competition, anti-discrimination or false
advertising)
-
be
defamatory, trade libellous, unlawfully
threatening or unlawfully harassing
-
be obscene,
blasphemous, contain any pornography including
without limitation child pornography or other
legally restricted or illegal material
-
contain any
viruses, Trojan horses, worms, time bombs,
cancelbots or other malicious code or computer
programming routines that are intended to
damage, detrimentally interfere with,
surreptitiously intercept or expropriate any
system, data or personal information
-
create
liability for us or cause us to lose (in whole
or in part) the services of our ISPs or other
suppliers or attempt to
-
impersonate
any person or entity, or falsely state or
otherwise misrepresent your affiliation with
anyone or anything
-
post or
transmit chain letters, pyramid schemes,
advertising, promotional materials, or other
solicitation except as where explicitly
requested by another user
-
include any
false photograph use within the
site
7.3 To enable disabledunited.com to use the
information supplied, such that we are not
violating any rights you might have in that
information, you agree to grant disabledunited.com
a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free licence and the right to
sub-license (through multiple tiers) to use the
copyright, publicity and other intellectual
property rights you have in Your Information, in
any media now known or not currently known.
Disabledunited.com will only use Your Information
in accordance with the Privacy Policy to the Site
and these terms and conditions.
7.4 You are responsible for all statements made and
acts that occur through the use of your membership
and password. Please don't disclose your password
to anyone. If your password has been stolen, you
must let us know. Disabledunited.com may at any
time, and at its sole discretion, terminate your
membership without prior notice to you for
violating the above provisions.
7.5 While disabledunited.com cannot review all
transmissions by members in the forums, we reserve
the right to, and may from time to time, monitor
any information transmitted or received through
our service. Disabledunited.com at our sole
discretion and without further notice to you, may
review, remove, or otherwise block any information
(including posts to message boards) that we deem
inappropriate or that violates any of this
agreement.
8.
Access and Interference
8.1 You agree that you will not use any robot, spider,
other automatic device, or manual process to
monitor or copy our web pages or the content
contained herein without the prior written consent
of disabledunited.com
8.2 You agree that you will not use any device,
software or routine to interfere or attempt to
interfere with the proper working of the Site.
8.3 You agree that you will not take any action that
imposes an unreasonable or disproportionately
large load on the Site's infrastructure.
8.4 Much of the information on the Site is updated on
a real time basis and is proprietary or is
licensed to disabledunited.com by our users or
third parties. You agree that you will not copy,
reproduce, alter, modify, create derivative works,
or publicly display any content (except for Your
Information) from the Site without the prior
written consent of disabledunited.com or the
appropriate third party, with the exception of
downloading or printing a single copy for yourself
for offline viewing.
9.
Breach
9.1 Without
limiting other remedies, disabledunited.com may
immediately issue a warning, temporarily suspend,
indefinitely suspend or terminate your membership
and refuse to provide the Services to you
if:
-
you breach
this Agreement or the documents it incorporates
by reference (including but not limited to our
Privacy Policy)
-
Disabledunited.com
are unable to verify or authenticate any
information you provide to us; and
-
Disabledunited.com
believe that your actions may cause legal
liability for you, our members or us
10.
Privacy
10.1 By registering, you are agreeing that other
members may make statements about your views,
opinions or services which you regard as untrue.
In any such case, if you contact
disabledunited.com, giving full details,
disabledunited.com will conduct a brief
investigation and may remove the offending
statement. Whether or not the offending statement
is removed you hereby waive any right you might
otherwise have against disabledunited.com in
connection with such statements. You accept that
disabledunited.com does not control such
statements and will not conduct full, detailed,
investigations. For more details on Privacy,
please review our Privacy
Policy.
11.
No Warranty
11.1 The Site including,
without limitation, its contents, functionality,
performance and features are provided on an "as
available basis" at the member's sole risk and
without representations or warranties of any kind
and to the full extent permitted by law.
Disabledunited.com and other parties involved in
creating, producing or delivering the Site
expressly exclude all warranties, conditions or
terms express or implied, statutory or otherwise
including without limitation any warranty as to
satisfactory quality or any warranty or commitment
that access or use will be uninterrupted or error
free.
12.
Liability Limit
12.1 Nothing in this agreement is intended to limit or
exclude any liability on the part of
disabledunited.com where and to the extent that
applicable law prohibits such exclusion or
limitation.
12.2 Subject to the above statement, in no event shall
disabledunited.comor its suppliers
service/information providers be liable for any:
lost profits; lost sales; lost business; lost
opportunity; lost information; lost anticipated
savings; or special, indirect or consequential
damages (however arising, including as a result of
negligence) arising out of or in connection with
this agreement.
12.3 Accordingly
subject to clause 12.1, you agree not to bring a
claim of any nature against disabledunited.com in
relation the use of or access to the Site, except
where such a claim cannot be excluded by law. You
acknowledge and agree that disabledunited.com will
have the right (subject to the discretion of the
Court) to a stay of proceeding if you bring any
claim against disabledunited.com in breach of the
foregoing.
13.
Indemnity
13.1 You agree to indemnify, defend and hold harmless
disabledunited.com and its subsidiaries,
affiliates, officers, directors, agents, and
employees, from and against any claim, demand,
liability, cost, damage or lost it may incur,
including legal fees, made by any third party due
to or arising out of your breach of this Agreement
or the documents it incorporates by reference, or
your violation of any law or the rights of a third
party.
14.
Legal Compliance
14.1 You shall comply with all applicable laws,
statutes, ordinances and regulations regarding
your use of our service.
15.
No Agency
15.1 You agree that you and disabledunited.com are
independent contractors, and no agency,
partnership, joint venture, employee-employer or
franchisor-franchisee relationship is intended or
created by this Agreement.
16.
Notices
16.1 All notices required to be served on
disabledunited.com shall be sent to the email
address of disabledunited.com as stated in clause
1.
17.
Arbitration
17.1 Any controversy or claim arising out of or
relating to this Agreement or disabledunited.com's
services shall be settled by an arbitration
tribunal designated by disabledunited.com Any such
controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in
any arbitration with any claim or controversy of
any other party. The arbitration shall be
conducted in the U.K., and judgment on the
arbitration award may be entered into any court
having jurisdiction thereof. Either you or
disabledunited.com may seek any interim or
preliminary relief from a court of competent
jurisdiction in the U.K. necessary to protect the
rights or property of you or us pending the
completion of arbitration.
18.
Intellectual Property
18.1 You acknowledge that the ownership in any
intellectual property rights (including, for the
avoidance of doubt, patents, copyright, rights in
databases, trade marks and trade names) in the
Site belongs to disabledunited.com or its third
party licensors. Accordingly, any part of
this Site (or its source HTML code) may not be
used, transferred, copied or reproduced in whole
or in part in any manner other than for the
purposes of utilising this Site, meaning that you
may only display it on its computer screen and
print it out on its printer for the sole purpose
of viewing its content in connection with the
Services.
18.2 Copyright and all other intellectual property
rights subsisting in each and every piece of
information provided on the Site is owned by
disabledunited.com or the third party providers of
such information. You may use information
retrieved from the Site only for the purposes of
the Services.
18.3 Disabledunited.com reserves the right in
accordance with the licence granted under clause
7.3 to license and republish the material
contributed by you. Any work republished will be
with proper attribution to the author so far as is
possible in the circumstances.
18.4 No person other than the rightful owner or
licensee of any copyright and other intellectual
property rights may:
18.4.1 distribute,
modify, transmit, re-use, re-post, or use any or
all of the information on this Site for any
purpose other than as set out above nor for public
or commercial purposes without disabledunited.com
or the relevant licensee's prior written
permission;
18.4.2 provide
hypertext links, URL Links, graphic links,
hyperlinks or other direct connection for profit
or gain to the disabledunited.com Services without
disabledunited.com or the relevant licensee's
prior written permission;
18.4.3 display,
publish, copy, print, post or otherwise use the
disabledunited.com Services and the information
contained therein for the benefit of any other
website without Company's or the relevant
licensee's prior written
permission;
18.4.4 process
or otherwise use the information contained on or
within the Company Services for any illegal or
immoral purpose nor use or process the same
unfairly.
18.5 You agree and accept that disabledunited.com may
publish or otherwise distribute Your Information
and you therefore grant to disabledunited.com an
irrevocable, perpetual, non-exclusive right and
licence to publish the submissions and all content
contained therein on or within the Site, on any
other media whatsoever and in its own advertising
and promotion.
18.6 You therefore hereby undertake to
disabledunited.com to indemnify and hold harmless
disabledunited.com in full and defend at its own
expense disabledunited.com against all claims,
liabilities, costs and losses whatsoever and
howsoever incurred by disabledunited.com its
servants or nominees arising out of any claim made
against it in any jurisdiction in the world for
infringement of any intellectual property rights
of any third party caused by your use of the Site
and Your Information.
18.7 Disabled United, disabledunited.com, the
disabledunited.com logo and the Company logo are
trade names or trade marks of Disabled United, the
use of which is expressly forbidden by any other
persons without the express permission of Disabled
United.
18.8 Disabledunited.com makes no warranty or
representation in respect of any other trade mark
or trading name, symbol or device, all of which
are hereby acknowledged. If you have any questions
in relation to the use of any marks contained
within the disabledunited.com Services please
contact disabledunited.com
(info@disabledunited.com)
19.
Intellectual Property Infringement
19.1 Contributors might share messages and information
that they have electronically copied from other
sources. As there are many thousands of possible
sources spread out across the Internet, ranging
from newspapers to scientific journals to bulletin
boards, it is impossible for disabledunited.com to
know if a posting or other content contribution
infringes a third party's intellectual property
right and to what degree.
19.2 If you believe that your intellectual property
right has been infringed, it is your obligation to
notify disabledunited.com immediately.
Disabledunited.com accepts no liability for
copyright infringement by any of its members
though disabledunited.com will endeavour to
protect any rights owner through appropriate
action should any infringement come to light.
20.
General
20.1 This Agreement shall be governed in all respects
by the laws of England and Wales as if the
Agreement was a contract wholly entered into and
wholly performed within England.
20.2 If any provision of this Agreement is held to be
invalid or unenforceable, such provision shall be
struck out of these Terms and Conditions and the
remaining provisions shall remain in force.
Headings are for reference purposes only and in no
way define, limit, construe or describe the scope
or extent of such section.
Disabledunited.com's failure to act with respect
to a breach by you or others does not waive our
right to act with respect to subsequent or similar
breaches.
20.3 The laws of your country may be different from
those of England and Wales in numerous respects.
There is no practical way for disabledunited.com
to monitor the laws of every country in detail.
Please do not assume that you are allowed to do
what other members do. Disabledunited.com does not
approve or validate transactions, advice or
communications, and you accept sole responsibility
for the legality of your actions under laws
applying to you.
20..4 Disabledunited.com does not accept any obligation
to protect you from any unsafe merchandise,
products or services that may be offered on the
Site. Please do not assume that such items offered
will be harmless to people or
property.
20.5 These rules are in addition to all others
contained in the agreement. You are responsible
for checking that your activities are all lawful
according to the local laws in your country. If
you and any other party are both based in the
European Union and enter into a transaction
agreement of any kind through the site then the
seller's local law will govern further dealings as
to shipment, payment etc. - unless you both
explicitly agree otherwise.
20.6 Note
however, that your country (and/or that of any
member you deal with) may have some laws, which
apply regardless of what you agree with us (now)
or with that member (later).