Terms of Membership Service
1. Content
1.1 What these terms cover. These are the terms and conditions on which we supply Membership Services to you (“Terms”).
These Terms along with our:
(i) Website Terms and Conditions which sets out the rules for general visitors to our website;
(ii) Privacy and Cookie Policy which sets out the terms on which we process any personal data we collect from you or you provide to us; and
(iii) Acceptable Use Policy which sets out permitted uses and prohibited uses of the Membership Services and the associated website
form our contract with you.
1.2 Why you should read them. Please read these Terms carefully before you use any Membership Services. These Terms tell you who we are, how we will provide Membership Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Where we have use words, terms or phrases that commence with a capital letter you will be able to find the meaning of these in the definitions section at the end of these Terms.
2. Information about us and how to contact us
2.1 Who we are. We are Little E Enterprises Limited a company registered in England and Wales. Our company registration number is 07236950 and our registered office is at Tremain House, 8 Maple Drive, Kings Worthy, Winchester, Hampshire, SO23 7NG.
2.2 How to contact us. You can contact us by email at admin@lovesail.com or telephone on 07803 003640.
2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address or a message via the site message facility.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.
3. Our contract with you
3.1 Commencement. These Terms shall apply at the point at which your application/registration as a Member is accepted by us.
3.2 Conditions for your access to Membership Services. By applying for Membership and using the Membership Services you represent and warrant the following:
(i) that you are at least 18 years of age;
(ii) that you have provided accurate, complete and current information on registration and you will update this regularly to ensure it remains current;
(iii) that your Membership is for your sole use and used only by you. You will not authorise others to use your Membership and you will not assign or otherwise transfer and/or disclose your login, account details and/or Membership to any other person or entity;
(iv) that you will not arrange meetings or events on behalf of other persons whether they are a Member or otherwise;
(v) that you acknowledge and agree that you are responsible for making all necessary arrangements to enable you to access the website and to be able to use the Membership Services fort as long as you remain a Member including, without limitation, any technical and/or internet-based arrangements;
(vi) that if you choose or are provided with a username, password or any other piece of information as part of our security procedures you will treat such information as confidential and not disclose it to any third party;
(vii) that you are solely responsible for the content or information you publish on the website, or transmit to other Members;
(viii) that you will not post on the website, or transmit to other Members or anyone else connected with the website, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually-oriented, inappropriate, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity);
(ix) that you will use the website in a way that is consistent with applicable law and regulations. You will not include in your profile, photos, the comment box, newsfeed, user blogs, classified ads or groups, any telephone numbers, street addresses, last names, URLs, QR or similar codes, links to businesses, business names, vessel names, or promotional material relating to a business, email addresses, offensive references, or offensive language, or any confidential information of any third person, and you will not post any memes or photographs or other images containing personal information or which show inappropriate material for the website;
(x) that you are solely responsible for your interactions with other Members;
(xi) that you will abide by the four core values of the site which are to treat others with honesty, respect, kindness and compassion.
3.3 Standards of Use of the Membership Services. You are required to comply with our Acceptable Use Policy at all times. We reserve the right, but are not obligated to, reject any profile, comment, user blog, group or photograph or image that does not comply with the following prohibitions: (a) you will not impersonate any person or entity; (b) you will not harass any person; (c) you will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service; (d) you will not transmit any chain letters, spam or junk email to other Members; (d) you will not express or imply that any statements you make are endorsed by us, without our specific written consent; (e) you will not harvest or collect personal information about other Members whether or not for commercial purposes, without their express consent; (g) you will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the consent of the owner of such proprietary rights; (h) you will not remove any copyright, trademark or other proprietary rights notices contained in the website; (i) you will not interfere with or disrupt the website or the servers or networks connected to the website; (j) you will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
3.4 Using the Membership Services safely. You acknowledge that the website is an entertainment service. Your use of the Membership Services is entirely at your own risk. You should exercise caution in evaluating what you see when involved in internet communication with people who are unknown to you (such as when you are using message services) and be aware that people may not necessarily be who they say they are and that people may provide information or behave in a way that is unreliable, misleading or illegal. By using the Membership Services you accept that any Member profiles, messages and communication may not be genuine and you agree to take reasonable precautions in all interactions with other Members or users of the website or Membership Services, particularly if you decide to meet offline or in person. You are solely responsible for your interactions with other Members or users of the website or the Membership Service. You should not provide your personal or financial information (for example, your credit card, national insurance number or bank account information) to other Members or users of our website.
3.5 Member Disputes. We reserve the right, but have no obligation, to monitor disputes between you and other Members.
3.6 Your Membership account and password
(i) We may refuse to grant any username that in our sole opinion, impersonates someone else, is, or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or offensive, or may cause confusion.
(ii) Any username must be unique to you.
(iii) If you know or have reason to suspect that anyone other than you knows your username or password, you must promptly change your password by updating your account information, (available at the “Edit profile” page which can be accessed after logging into the Members home page) and immediately notify us through our contact details stated at clause 2.2.
3.7 Uploading content.
(i) Whenever you make use of a feature that allows you to upload content to our website, or to make contact with other users of the website, you must comply with the content standards set out in our Acceptable Use Policy. A copy of our Acceptable Use policy can be found on our website at the foot of any page at all times.
(ii) You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
(iii) Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the website a limited licence to use, store and copy that content and to distribute and make it available to third parties.
(iv) We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
(v) We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
(vi) We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
(vii) The views expressed by other users on our site do not represent our views or values.
(viii) It may be the case that other members or guests may post offensive or obscene materials on the website and that you may be involuntarily exposed to this material. Others may obtain personal information about you because of your use of the website. We are not responsible for the use of any personal information that you may disclose on the website. Please carefully select the type of information that you post on the website or release to others.
(ix) We reserve the right but are not obligated to monitor the materials posted on the website. In addition, we have the right but not the obligation to remove any material that violates, or is alleged to violate these Terms. You are solely responsible for the content of the materials you post on the website and in your private messages. Messages sent between you and other Members that are not readily accessible to the general public will be treated as private by us to the extent required by law and pursuant to our commercially reasonable efforts.
(x) We will respect your personal information and undertake to comply with all applicable data protection legislation, subject to our Privacy and Cookie Policy.
(xi) The personal information you provide to us will be stored on a computer and you consent to us using this information to build up a profile of interests, preferences, and browsing patterns.
(xii) We have the right to remove any material or account that, in our sole judgment, is objectionable, would damage the reputation of the website or which restricts or inhibits any other person from using the Membership Services, or which may expose the website, the Membership Services or its users to any harm or liability of any type.
3.8 Rights you are giving us to use material you upload
When you upload or post content to our website, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the website or the Membership Service to expire when the user deletes the content from the website.
3.9 Viruses and malware.
(i) We do not guarantee that our website will be secure or free from bugs or viruses;
(ii) You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
3.10 Third-party links and resources on our site. Where our website contains links and resources provided by third parties these links are provided for your information only. We have no control over the content of those sites or resources and we accept no responsibility for them.
3.11 Scope of offering. Our website and the Membership Services are directed at the United Kingdom. We do not represent that the Membership services and/or content available on our website is appropriate for use or available outside of the UK.
3.12 No guarantee
(i) We cannot verify the identity of our Members and we cannot guarantee that each Member is at least 18 years of age. We do not accept responsibility or liability for any content, communication or other use or access of the website by persons under the age of 18 and/or otherwise in violation of these Terms;
(ii) Whilst we endeavour to make our website and the Membership services available at all times we do not guarantee that our website, or any content on it, will always be available or uninterrupted. We may have, for example, technical issues and/or be required to carry out routine maintenance. Always make sure that you are using the latest version of your browser and the right configuration in order to access the website and the Membership Services.
3.13 Minor changes to the Membership Services. We may change the Membership Service:
(i) to reflect changes in relevant laws and regulatory requirements; and
(ii) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Membership Service.
3.14 More significant changes to the Membership Services and these Terms. In addition, as we informed you in the description of the Membership Service on our website, we may make the following changes to these Terms or the Membership Service, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Membership Services paid for but not received:
(i) Subscription duration
4. Access to the Membership Services
4.1 When we will provide the Membership Services. Access to the Membership Services after registration approval will depend on the level of Membership held at any given time. Members are either Regular Members or Full Members.
4.2 If you are a Full Member your subscription shall run from the date you received confirmation by email of successful payment of your subscription fee. You will thereafter be able to access all the areas of the website which form part of Membership Services including the Inbox and the Blog. On expiry of your subscription you will revert to being a Regular Member unless and until you purchase another subscription to become a Full Member again.
4.3 If/when you are a Regular Member you will only have access to areas of the website which form part of the Membership Services apart from the Inbox and the Blog.
4.4 The Membership subscriptions on offer currently are: a) 1 Month Full Membership; b) 3 Months Full Membership; c) 6 Months Full Membership and d) 600 Months (“Lifetime”) Full Membership.
4.5 When a Full Member subscribes with Lifetime Full Membership they agree to log into their account at least once during each 365 day period. If a member fails to do this we reserve the right to terminate their membership and delete their account. “Lifetime” refers to the lifetime of the Membership Services part of the website and not the Member in question.
4.6 If your registration to become a Member is successful you will be sent a confirmation via email, and a payment receipt (if you have paid for a subscription to become a Full member).
4.7 We are not responsible for disruptions outside our control. If our supply of the Membership Services or the website is disrupted by an event outside our control then we will take steps to minimise the effect of the disruption.
4.8 Reasons we may suspend the supply of Membership Services to you. We may have to suspend the supply of Membership Services and/or the website to:
(i) deal with technical problems or make minor technical changes;
(ii) update the Membership Services and/or website to reflect changes in relevant laws and regulatory requirements;
(iii) make changes to the Membership Service and/or the website as or notified by us to you.
4.9 Your rights if we suspend the supply of Membership Services. We will contact you in advance to tell you we will be suspending supply of the Membership Service, unless the problem is urgent or an emergency. If we have to suspend the Membership Service for longer than 7 days in any one month we will adjust the price so that you do not pay for Membership Services while they are suspended. You may contact us to end the contract for a Membership Service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the Membership Service in respect of the period after you end the contract.
4.10 Suspension for breach of contract. Without prejudice to our rights under clause 7.1, we may suspend your Membership at any time by writing to you if you have breached our contract with you either by breaching these Terms and/or our Website Terms of Use and/or our Privacy and Cookie Policy and/or Acceptable Use Policy until such time as we are satisfied (acting reasonably) that the breach has been remedied.
5.0 Your rights to end the contract
5.1 You can always end your contract with us. Your rights when you end the contract will depend on what type of Member you are, why you wish to end the contract and when you decide to end the contract:
(a) If you want to end the contract because of something we have done or have told you we are going to do, see 5.2;
(b) If you have just changed your mind about the Membership Service, see 5.3.
(i) If you are a Full Member you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(ii) If you are a Regular Member you can ask for your account to be deleted at any time.
5.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Membership Services which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the Membership Service or these Terms which you do not agree to (see 3.6);
(b) we have told you about an error in the price or description of the Membership Service you have ordered and you do not wish to proceed;
(c) there is a risk that the supply of the Membership Services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Membership Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
5.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are Full Member you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below.
5.4 How long do I have to change my mind under clause 5.3? You have 14 days after the day we email you to confirm that your subscription has been set up. If you use the Inbox or Blog functionality of the Membership Services with this 14 day period and still wish to cancel within such period you must pay us for the services provided up until the time you tell us that you have changed your mind.
We may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
6. How to end the contract with us (including if you have changed your mind).
6.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(i) Email. Email us at admin@lovesail.com. Please provide your name, username and the email registered to your account.
(ii) By post. Print off the Model Cancellation Form at the end of these Terms and post it to us at the address on the form. Or simply write to us at that address, including your username, full name and address and email address.
6.2 When your refund will be made. We will make any refunds due to you within 14 days of your telling us you have changed your mind.
7. Our rights to end the Contract.
7.1 We may end the contract if you break it. We may end the contract for Membership Services at any time by writing to you if you have breached our contract with you either by breaching these Terms including, without limitation, and/or our Website Terms of Service and/or our Privacy and Cookie Policy and/or Acceptable Use Policy. Should we exercise this right under this clause:
(i) your access to the Membership Services shall cease immediately and your login will be deactivated;
(ii) you will lose access to any content that you have submitted and we may block, remove, deactivate or delete such content without any liability for doing so.
7.2 You must compensate us if you break the contract. If we end the contract in the situations set out in 7.1 we will refund any money you have paid in advance for Membership Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
7.3 We may withdraw the Membership Service. We may write to you to let you know that we are going to stop providing the Membership Service. We will let you know at least 48 hours in advance of our stopping the supply of the Membership Service and will refund any sums you have paid in advance for Membership Services that will not be provided.
8. If there is a problem with the Membership Service.
8.1 How to tell us about problems. If you have any questions or complaints about the Membership Service, please contact us. You can write to us at admin@lovesail.com or telephone us on 07803003640 or by post to Tremain House, 8 Maple Drive, Kings Worthy, Winchester, Hampshire, SO23 7NG.
9. Price and payment
9.1 Where to find the prices for the Membership Service. The price for each level of Full Membership is set out on our website if/when you choose to upgrade your Membership from Regular to Full.
10. Our responsibility for loss or damage suffered by you
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the Membership Services.
10.3 We are not liable for business losses. We only supply the Membership Services for domestic and private use. You agree not to use our website and/or Membership Services for any commercial or business purposes and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.0 How we may use your personal information
11.1 How we may use your personal information. We will only use your personal information as set out in our Privacy and Cookie Policy – please see the link at the bottom of our website.
12. Other important terms
12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. If you are unhappy with the transfer you may contact us to end the contract within 10 days of us telling you about it and we will refund you any payments you have made in advance for Membership Services not provided.
12.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
12.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
12.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the Membership Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Membership Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Membership Services in either the Northern Irish or the English courts.
12.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Centre of Effective Dispute Resolution via their website at www.cedr.com. We will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
13. Definitions used in these Terms
The following definitions apply to these Terms:
“Blog” means an article written and posted in the blog section.
“Full Members” means individuals who have paid a subscription fee and hold a live subscription to have full access to the Membership Services;
“Regular Members” means individuals who hold an account with us but who have not paid a subscription fee to become Full Members and do not hold as live subscription and therefore only have access to a limited part of Membership Services;
“Inbox” means the section where site messages are kept.
“Member” means any individual who hold either a Regular or Full Member and “Membership” shall be defined accordingly
“Membership Services” means the services offered to Members including, without limitation, a facility to view and befriend other members and (depending on level of Membership) message them;
“Month(s)” means calendar month(s)
“Terms” means these Terms of Membership Services
14. Model Cancellation Form
If you prefer to withdraw from the contract in writing then complete and return this form. You may also contact us to withdraw from the contract via an email to admin@lovesail.com
To Lovesail.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Email Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
© Crown copyright 2013.