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
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1.
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General Information
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2.
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Membership Eligibility
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3.
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Formation of Contract
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4.
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Fees and Services
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5.
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The Site
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6.
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Company.com is only a venue
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7.
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Your Information
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8.
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Access and Interference
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9.
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Ratings
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10.
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Breach
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11.
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Privacy
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12.
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No Warranty
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13.
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Liability Limit
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14.
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Indemnity
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15.
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Legal Compliance
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16.
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No Agency
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17.
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Notices
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18.
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Arbitration
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19.
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Intellectual Property
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19.
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Intellectual Property
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20.
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Intellectual Property Infringement
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21.
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General
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1. General Information
1.1 For your information we list below the contact details of disabledunited.com:
Contact Number: 0870 803 1354
E-Mail: info@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
- 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;
18.4.2 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).