PLEASE READ THESE TERMS OF SERVICE (TERMS AND CONDITIONS) CAREFULLY BEFORE USING THIS WEBSITE
1. TERMS OF WEBSITE USE
1.1 These terms and conditions (T’s & C’s), together with the documents referred to within, explain to you the terms on which you may make use of our website www.lovesail.com (Website), whether as a guest (Guest) or as a registered member (Member). Use of the website includes accessing, browsing, or registering to use the website.
1.2 Please read these T’s & C’s carefully before you use the website as they will apply to and govern your use of the website. We recommend that you print a copy of these T’s & C’s for your future reference.
1.3 By using our website, you confirm that you accept these T’s & C’s in full and that you agree to comply with them.
1.4 If you do not agree with these T’s & C’s you must not use our website.
2. OTHER APPLICABLE TERMS
2.1 These T’s & C’s refer to the following additional terms, which also apply to your use of our site:
2.1.2 Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the website. When using our website, you must comply with the Acceptable Use Policy (copy available on request or at the bottom of the website page).
3. INFORMATION ABOUT US
3.1 www.lovesail.com is a site operated by Little E Enterprises Limited ("We"). We are a limited company registered in England and Wales under company number 07236950 and have our registered office at Tremain House, 8 Maple Drive, Kings Worthy, Winchester, Hampshire, SO23 7NG. Telephone 07803003640. Contact us through the contact form on our home page.
4. CHANGES TO THESE TERMS
4.1 We may revise these T’s & C’s at any time by amending this page.
4.2 Please check this page from time to time to take notice of any changes we made, as they are binding on you.
5. CHANGES TO OUR SITE
5.1 We may update our website from time to time, and additionally may amend, discontinue or eliminate the content or any feature of the website at any time.
5.2 We do not guarantee that our site, or any content on it, will be free from errors or omissions. Website content may be out of date at any given time, and we are under no obligation to update it.
6. ACCESSING OUR SITE
6.1 Certain areas of the website are made available to guests at no charge.
6.2 Full access to the website is only made available to registered members (with only one registration being permitted per person).
6.3 When registering to become a member you agree to provide accurate, complete and current registration information and agree to update this information to ensure that it is kept current.
6.4 You must be at least 18 years of age to become a member and when registering, we will require you to provide sufficient information to indicate this. By becoming a member you represent and warrant that you are at least 18 years of age. In spite of the above, we cannot guarantee that each member is at least required minimum age, nor do we accept responsibility or liability for any content, communication, or other use or access of the website by persons under the age of 18 in violation of these terms, conditions and acceptance.
6.5 We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to the website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.
6.6 You are responsible for making all arrangements necessary for you to have access to the website.
6.7 Your membership to the website (Membership) is for your sole, personal use. You may not authorise others to use your membership and you may not assign or otherwise transfer your account to any other person or entity. You may not arrange meetings or events on behalf of other persons either a member or otherwise of the site.
6.8 Either you or we can terminate your membership at any time, for any reason, effective upon sending written notice to the other party. All membership fees are non-refundable.
6.9 We reserve the right to immediately suspend or terminate your access to the website without notice if any breach of these T’s & C’s is brought to our attention.
7. YOUR ACCOUNT AND PASSWORD
7.1 If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party.
7.2 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.
7.3 We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these T’s & C’s.
7.4 If you know or 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 the Contact Us page found on any page of the website at the bottom.
8. FEES, TERM AND TERMINATION
8.1 Our membership fees are set out on the website under the ‘Upgrade’ page. Members must pay all fees in advance.
8.2 When a member subscribes to the ‘Lifetime 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 website, not the member.
8.3 When registering as a member you will be sent, via email, your user registration details and payment confirmation. You must keep a copy of this information as it may be required if you want to cancel your membership.
8.4 Your use of the website may be terminated if:
8.4.1 we are unable to process your payment details within 3 days of the date when a payment is due;
8.4.2 your payment is refused; or
8.4.3 your payment is not cleared.
8.5 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("Regulations"), if you are defined as a consumer, you may cancel your order for the Services within an initial fourteen day cooling off period ("Cooling Off Period"). You may cancel your Subscription during the Cooling Off Period by giving us written notice via the contact page of the site. Provided we have received your notice of cancellation within the Cooling Off Period, we will provide you with a refund within fourteen days of your notice. If we have supplied the Service to you, we may make a deduction for the period you received the service and you agree to accept the refund by the same means of payment as you used for the initial transaction. After the Cooling Off Period, you may terminate your Subscription with us on any day via the contact page on the site. You can find further details on how to cancel your Subscription for the Service on the Site by visiting the HELP page of the site. A request for termination under this clause does not give rise to a refund for any unused amounts of Subscription fees paid. We may immediately terminate your membership and your access to the Service because you have breached these Terms and will send you notice of termination by email using the contact details you provide us in your application for membership or such other contact details as you may later provide to us. If we terminate your membership to the Service because you have breached these Terms, we will terminate any repeat billing arrangements less any reasonable costs and losses we have incurred. We also reserve the right to keep copies of any data for 3 years in the event relevant authorities would need this information. We reserve the right to terminate this contract at any time by giving you advance written notice. Upon expiration, cancellation or termination by either party, of your Subscription, your Login, and/or your use of the Site or the Service, your right to use the Site and the Service shall immediately cease. You will have no right to any content you submitted, and we may temporarily or permanently block access to, remove, deactivate, delete, and/or discard all such content. We accept no liability for removed or deleted content. You agree that we shall not be liable to you or any third-party for any termination of your access to the Site or the Service.
8.6 Current Fees: 1 Month Membership Subscription = £24.00 3 Months Membership Subscription = £44.00 6 Months Membership Subscription = £64.00 600 Months (Lifetime) Membership Subscription =£54.00
8.7 Refunds: Refunds cannot be given once the message facility has been used.
9.1 As a member, you agree that:
9.1.1. you are solely responsible for the content or information you publish (hereinafter, "Post") on the website, or transmit to other members.
9.1.2 you will not post on the website, or transmit to other members or employees, 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).
9.1.3 you will use the website in a way that is consistent with applicable law and regulations. You will not include in your profile, the comment box, newsfeed, user blogs or groups, any telephone numbers, street addresses, last names, URLs, links to businesses, 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 site. 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;
9.1.4 you are solely responsible for your interactions with other members;
9.1.5 the Site is an entertainment service. Your use of this Service 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 this Service 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 Site or Service, particularly if you decide to meet offline or in person. You are solely responsible for your interactions with other members or users of the Site or the 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 Site.
9.2 We reserve the right, but have no obligation, to monitor disputes between you and other members.
9.3 You will abide by the four core values of the site which are to treat others with honesty, respect, kindness and compassion.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
10.2 You may print off one copy and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
10.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
10.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
10.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
10.6 If you print off, copy or download any part of our site in breach of these T’s & C’s your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
11. LIMITATION OF OUR LIABILITY
11.1 Nothing in these T’s & C’s excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
11.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied.
11.3 We will not be liable to any user for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions arising out of the use of or the inability to use the website.
11.4 We will not be liable to any user for any indirect or consequential loss, damage, or expense whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
11.4.1 use of, or inability to use, our website; or
11.4.2 loss of data or loss of programs;
11.4.3 use of or reliance on any content displayed on our website.
11.5 You agree that we only provide our website for domestic and private use and you agree not to use our website for any commercial or business purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.
11.7 We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
12. UPLOADING CONTENT TO OUR SITE
12.1 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 provided on request.
12.2 You warrant that any contribution complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
12.3 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.
12.4 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.
12.5 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.
12.6 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 Acceptance of Use terms.
12.7 The views expressed by other users on our site do not represent our views or values.
12.8 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.
12.9 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 T’s & C’s. You are solely responsible for the content of the materials you post on the website and in your private email messages. Emails 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.
12.11 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.
12.12 We have the right to remove any material or account that, in the sole judgment of the website, is objectionable, would damage the reputation of the website or which restricts or inhibits any other person from using the Services, or which may expose the website, the Services or its users to any harm or liability of any type.
13.1 We do not guarantee that our website will be secure or free from bugs or viruses.
13.2 You are responsible for configuring your information technology, computer programmes and platform in order to access the website. You should use your own virus protection software.
13.3 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.
14. THIRD-PARTY LINKS AND RESOURCES IN OUR SITE
14.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
14.2 We have no control over the contents of those sites or resources.
15. APPLICABLE LAW
15.1 These Terms, conditions and acceptances, their subject matter and their formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
16. GENERAL TERMS
16.1 A person who is not a party to these T’s & C’s has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term, but this does not affect any right or remedy of a third party which exists or is available apart from that Act
16.2 Unless otherwise explicitly stated, these T’s & C’s will survive termination of your membership.
16.3 If any part of these T’s & C’s is unenforceable, including any provision in which we exclude our liability to you, the enforceability of any other part of these T’s & C’s will not be affected.