attention is drawn to the clauses in these Conditions in bold type which
exclude or limit World Privilege's liability.
|1. BASIS OF AGREEMENT
|Your use of
this website ("the Website") is subject to these Conditions, which
may be amended from time to time. Accordingly, by using the Website
you are deemed to accept these Conditions without modification.
If you do not agree with these Conditions you are not authorised
to use the Website.
OF THE WEBSITE
||We grant you
the right to access the Website for your personal and non-commercial
use. You may for your own use only, view, copy and print out materials
included on it (except for any source codes).
clause 2.1, you may not modify, copy, distribute, display, perform,
reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or services obtained
from the Website, its contents and any related software.
to us that you will not use the Website for any purpose that is
unlawful or prohibited by these Conditions.
that the inclusion of hyperlinks on the Website does not imply
any endorsement by us of the material on such websites or any
association with their operators and that if you use these hyperlinks
you will be leaving the Website.
that the copyright in and all other intellectual property rights
in the Website, its contents and the underlying software and any
related software belong to, or are licensed to us and that, except
as provided by these Conditions, you will acquire no rights in
the Website, its contents and the underlying software and/or any
|Whilst we will
take reasonable steps to exclude viruses from the Website, we
cannot guarantee such exclusion and no liability is accepted for
viruses. You are recommended to take all appropriate safeguards
against viruses before accessing the Website, its contents and
the underlying software and/or any related software.
|5. OUR OBLIGATIONS AND DISCLAIMER
||We may at
any time and for any reason correct without liability any typographical,
clerical or other error or omission in the information contained
on the Website, and we reserve the right to make amendments
and/or improvements in the Website at any time.
featured on the Website is provided on an "as is" and "as
available" basis and accordingly we do not give any warranty
(express or implied) or make any representation that:
the material will be suitable for any particular requirement
of yours or use by you;
our online service will operate error free or without
interruption or that any errors will be corrected; or
5.2.3 the material is complete, accurate or up to date.
||We have no
liability for any errors or omissions in postings or for hyperlinks
contained on the Website or embedded in messages included by
contributors to the Forums (as defined below). We shall exercise
reasonable care in compiling the Website; however we have no
liability for any action (or any lack of action) taken by any
person or organisation, wherever they are based, as a result,
direct or otherwise, of information contained in or accessed
through any hyperlink and/or the Forums.
||We have no
liability for the content of any entry on the Forums and accept
no responsibility for any statements contained on the Forums
which are the views of the respective author only.
||We have no
liability to you for the currency rates contained in the currency
converter on the Website. Such currency rates are based on publicly
available sources and are intended for use by you as guidelines
only. The currency rates are not updated every day and we do
not warrant or guarantee their accuracy. When using this information
for any financial purpose we advise you to consult a qualified
professional to verify the accuracy of the currency rates. We
do not authorise the use of the currency converter and currency
rates for any purpose other than personal use.
to clauses 6.2 and 6.3, our liability, and the liability
of our agents, employees and sub-contractors, to you or
any other party for any loss or damage whatsoever arising
in connection with the Website (whether under these Conditions
or any contract or in consequence of misrepresentation,
mis-statement or tortious act or omission, or otherwise,
including, without limitation, liability for negligence
or breach of statutory duty) is limited as follows:
no liability is accepted for any financial loss or loss
of anticipated savings, profits or otherwise;
no liability is accepted for any consequential loss or
damage, costs, expenses or other claims for consequential
compensation whatsoever (whether or not we have been advised
of the possibility of such loss occurring); and/or
6.1.3 all other liability is limited to damages not exceeding
the current Membership Fee payable in respect of any single
incident or series of connected incidents.
these Conditions shall exclude our liability for death or personal
injury as a result of negligence.
with the Consumer Transactions (Restrictions on Statements)
Order 1976 nothing in these Conditions shall affect your statutory
rights as a consumer.
FURTHER CONDITIONS RELATING TO THE USE OF BULLETIN BOARD, CHAT ROOM AND
FORUMS ("THE FORUMS")
to the other provisions of these Conditions:
to use the Forums only to send and receive messages and
material that are proper and related to the particular Forum.
By way of example, and not as a limitation, you agree that
when using a Forum, you shall not:
defame, abuse, harass, stalk, threaten, or otherwise violate
the legal rights (such as rights of privacy and publicity)
publish, post, distribute, or disseminate any defamatory,
infringing, obscene, indecent, or unlawful material or
upload files that contain software or other material protected
by intellectual property laws (or by rights of privacy
and publicity) unless you own or control the rights to
them or have received all necessary consents;
upload files that contain viruses, corrupted files, or
any other similar software or programs that may damage
the operation of ours or another's hardware or software;
delete any author attributions, legal notices, or proprietary
designations or labels in any file that is uploaded;
falsify the origin or source of software or other material
contained in a file that is uploaded;
advertise or offer to sell any goods or services or conduct
or forward surveys, contests, or chain letters; and/or
download any file posted by another user of a Forum that
you know, or reasonably should know, cannot be legally
distributed in such manner.
that all Forums are public and not private communications. Further,
you acknowledge that chats, postings, conferences, and other
communications by other users are not endorsed by us, and such
communications shall not be considered reviewed, screened, or
approved by us.
the right to withdraw access to the Website and/or the Forums
from you at any time for any reason and we reserve the right
to remove any posting at our sole discretion for any reason
breach clause7.1, you agree to indemnify us against all
and any actions, proceedings, costs, expenses, loss and
damage whatsoever which arise out of or relate to such breaches.
|8. MATTERS BEYOND OUR REASONABLE CONTROL
|If we cannot
provide you with access to the Website and/or the on-line services
in accordance with these Conditions because of something beyond
our reasonable control, including (without limitation) act of
God, lighting, flood, exceptionally severe weather, fire, explosion,
war, civil disorder, industrial disputes, acts or omissions of
persons for whom we are not responsible (including telecommunications
and internet service providers) or acts of local or central Government
or other competent authorities, we will not be liable to you as
constitute the entire agreement between us relating to your
use of the Website, supersede any previous agreement or understanding
and may not be varied except in writing by you and us or as
provided in these Conditions. All other terms and conditions,
express or implied by statute or otherwise are excluded to the
fullest extent permitted by law.
that we may modify these Conditions at any time for any reason.
Conditions words importing gender include each other gender;
references to persons include bodies corporate, firms and unincorporated
associations; and the singular includes the plural and vice
in these Conditions are included for convenience only and shall
not affect their interpretation.
these Conditions is expressly or impliedly intended to confer
on any third party any right to enforce any of its provisions
pursuant to the Contracts (Rights of Third Parties) Act 1999
except our agents, employees and sub-contractors as provided
for by clause 6.1.
required or permitted to be given by either of us to the other
under these Conditions shall be in writing and in the English
language and addressed to us at our registered office and to
you at the address given on the Membership Registration Form
or to such other address as may at the relevant time have been
notified to the other by giving notice pursuant to this provision.
Any such notice shall be sufficiently given if forwarded by
first class pre-paid mail (if both of us are situated within
the United Kingdom) or sent by air mail (in all other circumstances)
and shall be deemed to have been received and given (a) in the
case of first class pre-paid mail, two days after the date of
mailing and (b) in the case of pre-paid air mail, 7 days after
the date of mailing.
by us of any breach of these Conditions by you shall be considered
as a waiver of any subsequent breach of the same or any other
||If any provision
of these Conditions is held invalid or unenforceable in any
jurisdiction then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision. In
the event that a provision is rendered void and unenforceable
this shall be ineffective to the extent of such invalidity or
unenforceability without invalidating or rendering unenforceable
the remaining provisions of these Conditions, and any such invalidity
or unenforceability in any jurisdiction shall not invalidate
or render unenforceable such provisions in any other jurisdiction.
are subject to the laws of England and Wales and you agree for
our benefit to submit to the exclusive jurisdiction of the English
||Use of the
Website is unauthorised in any jurisdiction that does not give
effect to any provisions of these Conditions, including (without
limitation) clause 9.9.
||After entering into an agreement with World Privilege, any fees paid to World Privilege are none refundable after 7 days of the initial agreement date. After the 7 day grace period has passed, any fees paid to World Privilege will be used to cover the following costs stated below:
|10.1.1 Administration costs that have been incurred by World Privilege Limited for the setting up of listings.
|10.1.2 Web development and design time and costs for creation of art work and adding client specific content.
|10.1.2 Cancellation costs