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MATESAHOY.COM TERMS AND CONDITIONS
1. Introduction. This Agreement is a legal document which sets out your rights and obligations, and
those of Matesahoy, a company registered in England under registration no. 4154210 ("Matesahoy",
"we" or "us"), in relation to this site and the services offered by Matesahoy through it (the
"matesahoy Service"). By registering for the matesahoy Service, you agree to the terms of this
Agreement, and you re-affirm that agreement every time you use it. Visitors to the matesahoy
Service who do not register to become a Member (see 2 below) similarly affirm that they are bound
by this Agreement each time they access the matesahoy Service. You should be aware that this
Agreement may change from time to time in accordance with Clause 23 below.
2 Types of membership. People who register for the matesahoy Service become "Members". They must be
at least 18 years of age. The Membership divides between those who decide to pay our fee for a full
annual membership (which we call "Full Members"), and those who do not ("Standard Members").
As well as being able to browse the matesahoy Service like any visitor to it, Standard Members
may:
- post their name and some other details about their boats and port which appear on the matesahoy
Service;
- receive emailed messages, which will be sent to the email address contained in Your Details
(which are provided during Registration and may be updated subsequently), sent by Full Members;
and
- opt to receive emails selected during the Registration process (as added to, or de-selected,
subsequently), such as notification when a new member of crew has registered for your boat
In addition to the facilities available to Standard Members, Full Members may:
- send email messages to addresses of both Full and Standard Members;
- post to any message boards which may be available on the matesahoy Service;
- upload photographs; and
- enter any meet details for their club, port or boat
We are not an internet service provider, however. In order to avail of the matesahoy Service, you
must have internet access and all the software (and skills) required for email and web usage.
3 Important Note: Full Membership. If you decide to become a Full Member, and therefore pay our
Full Membership fee, you are agreeing to take the Full Membership we make available to you shortly
after that fee is paid. You will not be entitled to any refund of that fee. Your Full Membership
will last for twelve months. If you wish to continue with Full Membership after the expiry of that
twelve month period, we will enable you to do so, at our then-current terms and prices. But please
note that we reserve the right to change the amount of the fee for Full Membership, the period
which it covers, the services which it enables you to obtain and other factors from time to time.
However, these changes, unless they are changes under Clause 8 or Clause 9 below, will not affect
your then-current Full Membership.
4. Registration. You undertake to register for the Matesahoy.com Service using accurate and current
information about yourself – including your correct name, boat name, ports, address and any
other requested details. You also undertake only to add yourself to a boat on the Matesahoy Service
which is relevant. If you are asked for, and provide, details of a credit, debit or charge card; in
that event, you must ensure that (a) you are fully entitled to use that card, and (b) it has
available funds sufficient to cover the charges which are deducted from it. As part of the
registration process for the Matesahoy Service, you will receive a verification email, the purpose
of which is to take reasonable steps to ensure that the email address you have nominated during
registration is controlled by you. That email contains simple instructions which you must
follow.
5 Privacy policy. Matesahoy Privacy Policy forms part of this Agreement, and by agreeing to this
Agreement, you also give your consent to the way we may handle your personal data in that policy.
Given the global nature of the World Wide Web, any posting on the Matesahoy Service (including any
which contain personal information) is, of course, accessible to internet users around the
world.
6 Matesahoys Role. You, whether you are a Member or just a non-Member who visits the Matesahoy
Service, acknowledge that we are not and cannot be responsible for the behaviour of Members -
whether on the Matesahoy Service or outside of it. We only provide a venue where the Matesahoy
Service may be accessed. In particular, you should be aware that Matesahoy does not pre-screen or
monitor the material contributed by Members.
7 Additional services. Matesahoy or its affiliates may offer new or additional services through the
Matesahoy 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. Provided that those terms or rules are
notified to you on the Matesahoy Service in an appropriate manner (as determined by Matesahoy in
its reasonable discretion), any failure by you to comply with a material provision of the terms or
rules governing those services will amount to a breach of this Agreement.
8 Operation of Matesahoy Services. Matesahoy reserves the right to withdraw or modify one or more
aspects of the Matesahoy Service where we have legal or technical reasons to do so (including
technical difficulties experienced by Matesahoy or on the Internet). There may also be times when
the Matesahoy Service becomes unavailable, whether on a scheduled or unscheduled basis. For
security or other reasons, we may require you to change password or other information which
facilitates access to the Matesahoy Service.
9 Misuse of Matesahoy Service. We reserve the right (a) to suspend or terminate any Member’s
access to the Matesahoy Service, or parts of it, and/or (b) to edit, or require the Member to edit,
material posted on the Matesahoy Service, if the relevant Member or material appears to us 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 Matesahoy Service without our prior consent. You are
responsible for everything which is done on or through the Matesahoy Service while your Membership
account is logged on to the Matesahoy Service, or through your email address(es).
10 Relevance. The matesahoy Service is intended to be used by its Members for the purposes referred
to in Clause 2 above. Accordingly, Members must not:
- include an email address, postal address, phone number, the address of any website, or any other
information which is intended to facilitate direct communication, in material which is posted on
the matesahoy Service – Full Members, and the recipients of their emails, can share this
information, should they wish, once direct contact has been made;
- place material on, or otherwise use, the matesahoy Service for any business or commercial
purpose; or
- use your access to the matesahoy Service, or information gathered from it, for the sending of
unsolicited bulk email (sometimesknown as spam).
11 Fees
(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of our
fees from time to time, provided that such amount or basis is clearly stated at the time when you
agree to take the relevant matesahoy Service.
(ii) Fees paid by a Full Member will not be rebated or refunded by matesahoy, unless the matesahoy
Service for which the Full Member has subscribed is completely withdrawn from that Full Member by
us other than in circumstances permitted under this Agreement.
We may add new or ancillary services from time to time which require the payment of fees –
either to us or a nominated third party – on terms which will be provided to you at the
time.
12Prohibitions. You are responsible for ensuring that no material you post, or which is posted
through a machine on which you access the Matesahoy Service, nor any activity or communication you
make in connection with any Matesahoy Service, will be capable of (a) infringing the intellectual
property or other rights of any person or entity, (b) breaching any applicable law, whether
criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, obscene,
pornographic, false, unreliable or misleading.
13Alerting Matesahoy. If you see anything on the Matesahoy Service which appears to infringe this
Agreement, then please contact us to inform us of it by using the "Report Abuse" function, or by
emailing us here. We do not generally monitor material contributed by Members before it is placed
on the Matesahoy Service, and so we are reliant upon users to point out any which infringes this
Agreement.
14Withdrawal of material and Termination of Membership. Each Member acknowledges that we are
entitled to withdraw any material on the Matesahoy 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 Matesahoy Service into disrepute. However, each user
acknowledges that we do not monitor material which appears on the Matesahoy 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 Matesahoy
Service.
15Disclaimer and Release. Matesahoy has no control over or responsibility for the truth or accuracy
of any material available on the Matesahoy Service, whether provided by Members or others.
- If any third party sites are linked to from the Matesahoy Service, this does not mean that we
endorse or have any responsibility for the site in question or anything which appears on it.
- You should exercise no lesser degree of caution in appraising what you see on the Matesahoy
Service than you do offline.
- Even though Members are prohibited from doing so, people may provide information, or otherwise
behave, in a way that is unreliable, misleading or even illegal. Further, you should note that
people may not necessarily be who they say they are.
- Your use of the Matesahoy Service is entirely at your own risk.
Accordingly, to the extent that the law permits, you release Matesahoy its directors, contractors
and employees from all liability arising out of or in connection with the Matesahoy Service and the
material included here by Members and other third parties.
16Intellectual Property. You acknowledge that all copyright, trade marks, and other intellectual
property rights in and relating to the Matesahoy Service (including the material which is
contributed by Members) are owned by Matesahoy. It is easy to copy material which appears on
web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in
public or create any derivative work from the Matesahoy Service, or any of the material which is
found on the Matesahoy Service unless properly licensed to do so by us.
By submitting any material to the content to the Matesahoy Service, you:
- are representing that you are fully entitled to do so;
- grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute,
show in public and create derivative works from that material in any form, anywhere; and
- authorise us to adapt the relevant material in the course of doing so, and so waive your moral
rights to object to any derogatory treatment, or to be identified as the author, of the material in
question.
17Excluded loss. We will not be liable to you or any third party 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). Matesahoy will also not be
liable for any failure to perform of its obligations under this Agreement caused by matters beyond
its reasonable control.
18Maximum liability. Without limiting the preceding Clause, during any period of twelve months, the
aggregate liability of Matesahoy under this Agreement (whether arising in negligence or otherwise)
will not under any circumstances exceed the greater of (a) £5, or (b) an amount equal to the
sums paid by you to us by way of Full Membership fees during the relevant period of twelve months,
regardless of the cause or form of action.
19Non-excluded Liabilities. Nothing in this Agreement limits Matesahoy'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.
20Indemnity. 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 Matesahoy
Service.
21Assignment. We reserve the right to assign this Agreement, and to assign or subcontract any or
all of our rights and obligations under this Agreement. You may not without the written consent of
Matesahoy assign or dispose of this Agreement.
22Entire Agreement. This Agreement includes our privacy policy. Together they contain the whole of
the agreement between us and you concerning the Matesahoy Service and they replace all earlier
agreements and understandings with you, except for any fraud or fraudulent representation by either
of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of
Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
23Changes to this Agreement. Matesahoy reserves the right to change this Agreement from time to
time, and post the new version on the Matesahoy Service. When we do so, we will notify you of the
fact that there are changed terms on the main screen (www.Matesahoy.com), and the new version of
these terms and conditions will take effect, and will govern all Matesahoy Services and your
relationship with Matesahoy:
- commencing four weeks after the date of posting (or such later date as Matesahoy indicates in the
relevant posting), if any of the changes is to an operative provision of this Agreement which is
capable of adversely affecting you; if you do not wish to be governed by the new version of the
Agreement, you may notify us on or before the date when the new version of the Agreement is to take
effect, and from that date you must cease to use the Matesahoy Service; or
- immediately upon the date of posting (or such later date as Matesahoy indicates in the relevant
posting), if the changes are not to operative provisions, or not capable of adversely affecting you
- examples of which would include, without limitation, changes to one or more of Matesahoy’s
addresses or email addresses referred to in this Agreement.
24Severability. In the event that any term of this Agreement is held to be invalid or unenforceable
by judicial decree or decision, the remainder of this Agreement shall remain valid and
enforceable.
25Law. This Agreement shall be governed by and construed in accordance with the laws of England and
Wales.
26 Contact. You can contact us by post at “rubbaglove, The Old Truman Brewery, 91-95 Brick
Lane, London E2 6QL. If you wish to pay by cheque please make the payable to Rubbaglove Limited and
send them to the address above. Please make sure you include your email address with all
correspondence. |
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