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Terms and conditions

| Help | October 24, 2012

Welcome to yours2share, the service enabling you to find like-minded people with whom to share valuable assets.

This is a legal document which sets out the Terms and Conditions of the yours2share service. It applies to all Members and other Users of the yours2share website

You must take the time to read and understand these Terms and Conditions before registering for the yours2share Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. Users of the yours2share Service who do not register to become a Member (see 1 below) similarly affirm that they are bound by this Agreement each time they access the yours2share Service. You should be aware that this Agreement may change from time to time in accordance with Clause 3.4 below.

This Agreement includes our Privacy Policy. Together they contain the whole of the agreement between Us and You concerning the yours2share Service and they replace all earlier agreements and understandings with You, except for any fraud or fraudulent representation by either of us.

The terms and conditions of this service are set out below.

1 Definitions

In these conditions the following words have the following meanings unless the context requires otherwise:

“Ad” means the section of the Service containing details, photographs and/or other Information about You and the sharing agreement you seek;

“Agreement” means the agreement between You and Us incorporating these terms and conditions for the provision of the Service;

“Information” includes without limit all content, software, data, text, photographs, graphics, sound and video;

“Intellectual Property Rights” means all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same;

“Liability” means the liability of any nature for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;

“Member” means any person whose registration has been accepted by Us and whose membership remains valid for the time being;

“Post” means display, exhibit, publish, distribute, transmit and/or disclose Information on or in connection with the Service as an Ad or any other means, and the phrases “Posted” and “Posting” shall be constructed accordingly;

“Service” means the service provided by Us to You including, but not limited to, Us allowing You to browse the Website, contact and/or be contacted by other Members through the Website and/or Post Information on the Website;

“User” means any person who browses the Website;

“We, Us, Our” means yours2share ltd, a company registered in England number 5865446, registered at 7 Victoria Road, Ruislip Manor, Middlesex HA4 9AA, trading at 7 Church Plain, Loddon, Norfolk NR14 6LX;

“Website” means Our website at URL www.yours2share.com (or such other URL that We may use to provide the Service from time to time);

“You, Your, Yourself” means the person whose application for membership of the Service is accepted by Us.

2 Eligibility

2.1 By applying to become a Member, You warrant and represent to Us that:
2.1.1 You are over 13 years old;
2.1.2 You have not been convicted of any offence relating to violence and/or any offence under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); and/or
2.1.3 You have not been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act).
2.1.4 You have not been convicted of any offence under the Thefts Acts 1968-1996 (or under any statutory enactment replacing and/or amending such Act); and/or
2.1.5 You have not been subject to any injunction or any order to pay damages under the Thefts Acts 1968-1996 (or under any statutory enactment replacing and/or amending such Act).
2.2 If You are not able or not willing to give the warranties and representations set out in clause 2.1 above then You must not apply for membership.

3 Basis of contract

3.1 If you are applying for membership, You agree to be bound by these terms and conditions for the provision of the Service. If You are a User, who is not a Member, Your use of the Website constitutes Your agreement to be bound by these terms and conditions insofar as they are relevant to use of the Website by non-Members.
3.2 These terms and conditions (as amended by Us from time to time in accordance with clause 3.4 below) shall apply to the exclusion of any other terms or conditions and You agree to abide by them.
3.3 Any renewal of Your membership is subject to Our then applicable terms and conditions.
3.4 We reserve the right to vary these terms and conditions at any time. If so, the updated version will be posted on the terms and conditions page of the Website. You will be deemed to have accepted the updated version if You continue to use the Service after we have posted the updated version.
3.5 Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Service unless confirmed by Us in writing.
3.6 You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these terms and conditions.
3.7 We reserve the right to monitor and at Our option to remove for any reason any Information Posted by You.
3.8 We shall have the right at Our option to refuse to grant applications for membership and to terminate memberships at any time.
3.9 The Agreement between You and Us shall come into effect on Our acceptance of Your application for membership. No application for membership shall be deemed to be accepted by Us until You have received confirmation of Your membership (together with details on how to validate your membership) from Us by e-mail.

4 Price and payment

4.1 The price of the Service and any variations shall be as shown as detailed on the appropriate section of the Website.
4.2 Our prices are inclusive of any applicable VAT and any details given in relation to exchange rates are approximate only and may vary from time to time.
4.3 You shall pay all sums due to Us under this Agreement by the means of the payment provider specified in Our Website and without any set-off, deduction, counterclaim and/or any other withholding of monies. Any applicable banking charges on such payments shall be borne by Us.
4.4 Payment shall not be deemed to be made until We have received either cash or cleared funds in respect of the full amount outstanding.
4.5 Unless otherwise stated in this Agreement, all monies paid by You to Us are non-refundable.
4.6 Posting certain Information requires payment: You will not be able to post this Information until We have received payment.

5 Member’s obligations

5.1 You will follow the simple instructions in the verification email which You will receive as part of the registration process for the Service. The purpose of this email is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you.
5.2 You will not:
5.2.1 post Information which breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or code of conduct or any other parties’ rights (including but not limited to Intellectual Property Rights and/or privacy rights);
5.2.2 solicit other Members’ business, advertise, buy or sell products and/or services through the Service, other than by posting an Ad and by responding to other Members’ replies to Your Ad;
5.2.3 misuse in any way the Service or any Information Posted on the Service;
5.2.4 attempt to gain unauthorised access to any Information available on or via the Service or to any of the networks used in providing the Service;
5.2.5 post and/or reproduce in any way any Information containing the Intellectual Property Rights belonging to another party without first obtaining the prior consent of the owner of such rights;
5.2.6 copy, in whole or in part any of the Information on the Website (including, but not limited to any Information contained in other Members’ Ads) other than for the purposes contemplated in this Agreement;
5.2.7 post any junk mail, spam, chain letters, pyramid schemes or any similar or fraudulent schemes or any inappropriate form of solicitation; or collection of the responses to any such schemes or solicitation;
5.2.8 in any way assign, transfer, part with and/or authorise any other person to use, Your membership;
5.2.9 post any Information, which in Our opinion is sexually explicit, vulgar, indecent, racist, abusive, invasive of another’s privacy, offensive, harmful, threatening, harassing, stalking, inflammatory, sexually suggestive, defamatory and/or obscene; and/or
5.2.10 post any Information which in Our opinion is capable of offending others’ political and/or religious beliefs
5.2.11 post any Information, which in Our opinion promotes information which You know to be false, misleading, promotes illegal activities or provides instructional information about illegal activities such as violating another’s privacy.

6 Security

6.1 The Member ID, password and activation code allocated to You are personal to You and are not transferable. You are responsible for keeping them secure and for any use of the Service including any activities by anyone using Your username, password and/or activation code.
6.2 You should protect against unauthorised access to Your computer. Ensure that You log off when You finish using a shared computer.
6.3 You must notify Us immediately of any apparent breach of security such as loss, theft, or unauthorised disclosure or use of a username or password .and in such cases You should immediately amend Your password using the Service.
6.4 We will not be liable for any damage caused to You due to misuse of Your user name and password because of negligence or any act on Your part, whether deliberate or not.

7 Information posted by you

7.1 You acknowledge that other Users will be able to view Information Posted by You.
7.2 We may copy and/or reproduce any Information Posted by You on the Website in any form and in any manner We wish.
7.3 If You Post and/or disclose to other Users any confidential or sensitive Information about Yourself or Your contact details then You do so entirely at Your own risk.
7.4 You will be able to view the Information Posted by other Members.
7.5 You warrant and represent to Us that all Information Posted by You:
7.5.1 is accurate, true, complete and is not misleading; and
7.5.2 seeks to create sharing arrangements for joint ownership, fractional rentals or sharing arrangements; and
7.5.3 will be regularly updated by You so that it remains accurate, true, complete and not misleading.
7.6 We reserve the right to review each of Your Ads within a few days of posting or amendment and at any time thereafter. We will amend or delete them if We, in Our sole discretion, think that they should be amended or deleted.

8 Cancellation / termination / suspension

8.1 You may terminate your membership at any time, upon giving us notice by contacting us. In such case You will not be entitled to any refund of monies paid.
8.2 We may terminate your membership at any time, without cause, upon giving You notice by email. If so We will refund pro rata any fees already paid.
8.3 We may entirely withdraw an aspect of the Service for which you have paid, or the entirety of the Service itself, without cause, upon giving You notice by email. If so We will refund pro rata any fees already paid.
8.4 If:-
8.4.1 You fail to make any payment to Us when due; and/or
8.4.2 You breach the terms of this Agreement; and/or
8.4.3 You persistently breach the terms of this Agreement; and/or
8.4.4 You fail to provide Us within the time limit requested by Us with sufficient Information to enable Us to determine the accuracy and/or validity of any Information Posted by You; and/or
8.4.5 in Our reasonable opinion, any Information Posted by You is damaging or potentially damaging to Our business or Members or Users;
then, without prejudice to any other remedies We may have, clause 8.5 below shall apply.
8.5 If any of the events set out in clause 8.4 above occurs in relation to You then We may immediately and without notice suspend and/or terminate Your access to and/or membership of the Service in which case all monies owed by You to Us shall become immediately due and payable, You will not be entitled to any refund of monies paid and You shall not attempt to use the Service or rejoin as a Member.
8.6 If you decide to take one of the paid Service options, and therefore pay the appropriate fee, you are agreeing to take the Service option we make available to you promptly after that fee is paid. This means that you do not have the right to cancel your Full Membership during the cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000.
8.7 This Agreement continues for so long as you are a Member. Even after termination of this Agreement, certain clauses will continue to apply including clauses 10, 14 and 15 and other clauses necessary to interpret or enforce this Agreement.

9 Personal data

9.1 Personal Information collected from You is subject to Our Privacy Policy. Our 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 as detailed in that policy. Given the global nature of the World Wide Web, any Posting (including those which contain personal information) is, of course, accessible to internet users around the world.

10 Intellectual property rights and confidentiality

10.1 As between You and Us, all Intellectual Property Rights in connection with the Service shall be owned by Us absolutely.
10.2 You may link to the Service but You may not include the Service in part or in whole within another external website without Our prior written consent.
10.3 You warrant and represent to Us that all Information Posted by You is accurate and that You are the sole author of all Information Posted by You. You assign to Us with full title guarantee all copyright in Your Ad.
10.4 You waive absolutely any and all moral right to be identified as author of Your Ads and any similar rights in any jurisdiction.
10.5 You agree that You will keep confidential and not use, except for purposes contemplated by this Agreement, any and/or all Information relating to the Service which may be disclosed to You or which You may learn, except where such Information is public knowledge or it is required to be disclosed by law.
10.6 We will use Our reasonable commercial endeavours to keep Your personal details such as Your surname and real e-mail address (where relevant) confidential and will not disclose such Information, except where such Information is public knowledge or it is required to be disclosed by law.

11 Functioning of the service

11.1 The Service is provided in its current form and We do not guarantee or warrant that the Service, or any element of the Service will meet Your requirements, purpose and/or expectations.
11.2 We do not guarantee or warrant that any of the Information provided in or via the Service is accurate or reliable. You rely on it at Your own risk.
11.3 Due to the nature of the internet, we do not provide any warranty or guarantee in respect of the Service, results, availability, and/or uninterrupted use of the Service except that We will use Our reasonable endeavours to rectify serious faults as soon as practical though not within any particular timescale.
11.4 We reserve the right to withdraw or modify one or more aspects of the Service, or the entirety of it, where We have legal or commercial reasons to do so.
11.5 We reserve the right to suspend the Service without notice for repair, maintenance or other technical reasons.

12 Use of the service etc

12.1 All Users may: browse the Information and Posts on the site.
12.2 Members may, in addition to the facilities for all Users:
12.2.1 Send replies to Ads
12.2.2 Read emails sent to them by other Members through the reply to an Ad process
12.3 In return for appropriate payments, Members may:
12.3.1 Post Ads, each ad may contain five images
12.3.2 Upgrade their Ads to make them more visible
12.3.34 Take advantage of other Services that may be made available.
12.4 The Website is merely a forum for Members to Post Information about their required sharing agreement and to allow You to make contact with other Members through use of the Service if You choose to do so.
12.5 You should not assume that the Information contained in any Ad is necessarily correct and accurate. The views expressed by other Members using the Website are the views of the other Member and not of Us.
12.5.1 We do not have an opportunity to check that the Ads are correct and not misleading. We do not make any representation or warranty that the Information contained in any Ad is accurate and We are not under any obligation to verify any Information contained in any Ad.
12.5.2 Before acting on any Information contained in any Ad or on any Information received by You through Your use of the Service, You should at Your own expense, carry out such investigation as You think is necessary to satisfy Yourself of the truth and accuracy of such Information.
12.5.3 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. You should take reasonable precautions to ensure Your safety. If You enter into a sharing agreement with any person through Your use of the Service then You should take reasonable precautions, including independent legal advice, to ensure Your risks are minimised.
12.5.4 You should exercise no lesser degree of caution in appraising what you see on the Service than You do offline.
12.5.5 Your use of the Service and consequential meeting with any Member and/or any agreement entered into with such Member are entirely at your own risk.
12.6 You must comply with Our reasonable instructions concerning use of the Service.
12.7 You must notify us in writing immediately if You become aware of any inappropriate behaviour in connection with the Service.

13 Third party websites

13.1 Our Website may have links to third party web sites. We don’t have any power or control over any such web site and We do not endorse or recommend such web sites. You acknowledge and agree that we shall not be liable in any way for the content of any such linked web site or the products/services advertised therein. We are no obligation to monitor or approve any such material. The use of such web sites and their contents are at Your own risk.

14 Limitations on liability

14.1 We shall have no Liability for any defect in the Service caused or contributed to by You and/or any other Member.
14.2 We shall have no Liability to You if any monies owed by You to Us have not been paid in full by the due date for payment.
14.3 You shall give Us a reasonable opportunity to remedy any matter for which We are liable before You incur any costs and/or expenses in remedying the matter Yourself. If You do not do so We shall have no Liability to You.
14.4 You shall produce to Us written evidence of any claims for which it is alleged that We are liable together with written details of how any loss was caused by Us and the steps You have taken to mitigate the loss before We shall have any Liability for the claim by You.
14.5 We shall have no Liability to You to the extent that You are covered by any policy of insurance and You shall ensure that Your insurers waive any and all rights of subrogation they may have against Us.
14.6 We shall have no Liability to You arising out of Your use of the Service and/or Your reliance on any Information Posted by other Members.
14.7 It is possible for other Users and/or unauthorised users to obtain and misuse Information about You as a result of Your use of the Service. We shall have no Liability to You arising out of any Member’s and/or unauthorised User’s misuse of Information Posted by You on the Service and/or to other Members.
14.8 We shall have no Liability to You for any:-
14.8.1 consequential, special or indirect losses;
14.8.2 economic and/or other similar losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or
14.8.3 damage to or loss of goodwill, reputation or data.
14.9 You shall be under a duty to mitigate any loss, damage, costs or expenses that You may suffer as a man of ordinary prudence would have mitigated in the given situation.
14.10 Without prejudice to the foregoing, our total Liability to You under and/or arising in relation to this Agreement for any one event or series of events shall not exceed the amount paid by You for the Service (if any) in the 12 months before the event(s) complained of or the sum of £100, whichever is the higher.
14.11 Nothing in this Agreement shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which We are not permitted to exclude or limit as a matter of law.
14.12 Nothing in this Contract shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a consumer.
14.13 We shall have no Liability to You for any delay or failure in performance of this Service and/or any other matters to the extent that such events and/or matters are due to any events outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
14.14 This section (and any other clause excluding or limiting Our liability) applies to Our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.

15 Indemnity

15.1 You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Us and arising from and/or relating to Your use of the Service, Information and/or other material Posted on or via the Service by You and/or arising from or due to any breach of contract, any tortious act and/or omission and/or any breach of statutory duty by You.

16 General

16.1 Headings above are for guidance and not binding.
16.2 All third party rights are excluded and no third parties shall have any right to enforce this Agreement under the Contracts (Rights of Third Parties) Act 1999 or otherwise. This shall not apply to members of Our group who shall have the right to enforce this Agreement as if they were Us and to the persons mentioned in clause 14.14 above.
16.3 No waiver by Us, in exercising any right, power or provision shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver of that power or right.
16.4 This Agreement contains the entire agreement between You and Us. If any of these terms is at any time held by any competent authority to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the law and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
16.5 We may assign all or part of Our rights or duties under this Agreement; You may not do without Our prior written consent.
16.6 Unless otherwise stated in this Agreement all notices in writing shall be sent by email to the most recent email address specified by You on the Service (in Your case) and by email at comments at our domain (in Our case).
16.7 This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

17 Contacting us

If You have any questions about these terms and conditions, the practices of this site, or Your dealings with Us, You can contact Us by email at comments AT yours2share.com, by phone on +44 (0)208 133 1234 or by post at yours2share ltd, 7 Church Plain, Loddon, Norfolk NR14 6LX. Please include your email address with all correspondence.

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